Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
NBS Government Finance Group - 2014-10-16
NOTE TO FILE FOLDER NPS Government and Finance Group Contract Amendment #1 to Professional Services Contract dated 10/16/2014 for Ground Emergency Medical Transportation (GEMT) Cost Consulting Services to the State of California for FY 2014/2015 The contract amendment was authorized and budgeted for; however after multiple attempts (see emails) to retrieve the original amendment, the document has never been received and filed in the City Clerk's office. The work has been done and completed and a new Professional Services Contract dated October 3, 2016 with the same vendor for FY 2015/2016 in the amount of $9200 has been signed and filed in the City Clerk's office. Esparza, Patty From: Justen, Kevin Sent: Monday, August 08, 2016 10:49 AM To: Slobojan, Jim Cc: Esparza, Patty Subject: RE: Contract report for council Attachments: Professional Services Approval Form - Amendment #1. pdf Jim NBS annually in the fall prepares our documents to submit to the state for GEMT reimbursement. The only document I have related to it is the attached. I am not sure the amendment was ever prepared. Sorry. We will need to be preparing another contract amendment in the not -too -distant future in order to again have them prepare the documents. Kevin X 5235 From: Slobojan, Jim Sent: Friday, August 05, 2016 5:09 PM To: Justen, Kevin Cc: Esparza, Patty Subject: RE: Contract report for council T don't have a copy of the amendment. I have not seen it. Is this something that came over around the time of the new _ got lost ithffle. _t _ _ Chief? Maybe the contract amendment a n e shuffle. Does the CA have a record of [he RLS being completed? Jun Slobojan Finance Manager -Fiscal Services City of Huntington Beach - Finance Department 714-960-8820 From: Justen, Kevin Sent: Friday, August 05, 2016 4:32 PM To: Slobojan, Jim Cc: Esparza, Patty Subject: RE: Contract report for council Jim Do you know about this? Patty is preparing her report for City Council. Thanks. Kevin X 5235 From: Justen, Kevin Sent: Tuesday,.June 14, 2016 5:11 PM To: Slobojan, Jim Cc: Esparza, Patty Subject: FW: Contract report for council Importance: High Jim NBS prepared the GEMT submittal to the state on a contract amendment basis. The problem is that I can't find the amendment. Does one exist, as far as you know? If not, would we do one more than six months after the fact? Sorry to bother you with this. Kevin X 5235 From: Esparza, Patty Sent: Thursday, June 09, 2016 8:42 AM To: Justen, Kevin; McClanahan, Michael C. Subject: FW: Contract report for council Importance: High Hi Kevin: I still have not yet received the contract (if there was one created) or at the very least a fully executed Quotation (I have one with Healthy Buildings signatures but no City signatures). This has now been pending over 6 months & we need to have our records finalized so it can be closed out. Thanks, Patty From: Justen, Kevin Sent: Tuesday, March 29, 2016 3:43 PM To: McClanahan, Michael C. Cc: Esparza, Patty; Ortiz, Martin L. Subject: FW: Contract report for council Mike: Do you have the executed contract for this? I only have the attached unsigned version and the RLS we submitted. Thanks Kevi n X 5235 From: Esparza, Patty Sent: Tuesday, March 29, 2016 3:12 PM To: Justen, Kevin Subject: RE: Contract report for council Hi Kevin — please see 2015 Tab, and date of Dec. 14, 2015 for contract I am requesting. This is the log I receive from the City Attorney's office. Patty From: Justen, Kevin Sent: Wednesday, March 16, 2016 10:07 AM To: Esparza, Patty Subject: RE: Contract report for council Patty Are you sure about the first one? I have never heard of it. <' On the second, I am still working on it. X 5235 From: Esparza, Patty Sent': Thursday, February 25, 2016 10:09 AM To: Justen, Kevin Subject: Contract report for council i Hi Kevin: s As ham preparing the quarterly report for council, I have two contracts for Fire in question: 1. Healthy Buildings International, $7,360 — we have never received the original, yet is on the City Attorneys list assigning 2. NBS Government Finance Group Amendment — which I know we have discussed — we never received the original contract, since it dates back to October, I assume the money is being spent — this can be a very big problem if we receive a public records request & we don't have the document. Please provide as soon as possible. Thanks, Patty Esparza, CAW Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5260 CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 1 1. Date Requested: 9/21/15 2. Contract Number to be Amended: 3. Department: Fire 4. Requested By: Kevin Justen 5. Name of Consultant: NBS Government Finance Group 6. Amount of Original/Prior Contract: $10,400 7. Additional Compensation Requested: $19,600 8. Original Commencement Date: 10/16/14 9. Original Termination Date: 10/16/15 10. Extended Date Requested: 10/16/1r/0 RECEIVED OCT 0 5 2015 Finance Department 11. Reason for Contract Amendment: This vendor prepared the Ground Emergency Medical Transportation (GEMT) reimbursement request the submittal to the State of California. This is annually submitted and the extension of the agreement is requested so this firm can prepare the FY 2014/15 and FY 2015/16 reimbursement requests, which will be turned in during Novermber 2015 and Nov mber 2016. 9 •zy-��J PurchasiKg Approval Signature Date 12. Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Obiect Code where funds are budgeted: Account number Contractual Dollar Amount Business unit. object # Fiscal Year 14/15 Fiscal Year 15/16 FiaeaLY:ear t6d:!�7 Fiscal Year 10065401.69450 $10400 $a =o-- s m $ 9 $ Budget approval Signature Signature ager Approval Signature ate Date Date professional service approval form - amendment #1 - nbs.doc REV: February 2015 d R V R L O A ME w+ CV 7 � O o a � b4 N 0 O O E N O O a c m Q C3i O O Y �- N 0- N SC U C O U N U N O O U n U N W O U U O U 'C O (n;"'N C: o m Q oo Q Q J W , Q o Z,W O "O N J Q U Q U c i- m cn :3 UW t/)" p' N '— i> u C: cn o c a) C)LL LL .C: o OO mO (1) <±- N cq N CC o- O d.. U- > C y 4 � O .� U .� U) C� X C a) a) 0-0 m tL c� c� U O i O O U O C CO N � W N F- N Z c � N E U � N � L O U � L N O O N LO N C) C) C) C) N O N O a) O a) CO co CO a M rn rn CCT O r- N co M N 69- b4 b4 NBSGOVE-01 PA2 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlVYYY) 9/1712015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OB23506 (858) 869-8300 Vanorsdale Insurance Services 6165 Greenwich Drive, Suite 200 San Diego, CA 92122 NT Noah EAO Janet Darby _ PHONE - FAX (A/ CAILo Ex! :858-869-8300 Iwc: No :8S8-869-8301 ADDRESS: admin@vanorsdale.com INSURER(S) AFFORDING COVERAGE _ I NAIC # INSURER A :Hanover Insurance Company 122292 _ INSURED NBS Government Finance Group 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 INSURER B :Allmerica Financial Benefit _ 141840 INSURER c :Gemini Insurance Company I110833 INSURER D : A INSURER E : I INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR LTR AD61ZGBitT-- TYPE OF INSURANCE IN ) I POLICY NUMBER POLICY EFF MMrDDtyyYY1. POLICY EXP rMMrDD(YYY,Yt I LIMITS A ji X ( COMMERCIAL GENERAL LIABILITY �� � E--I CLAIMS -MACE � X i OCCUR X ! OH3A43196301 9/24/2015 9124/2016 EACH OCCURRENCE i DAMAGETO RENTED PREMISES (Eacccuaence)_) $ 2,00000 $_ 2,000,00 MED EXP (Any ors Demon) $ 10,00 PERSONAL A ACV INJURY 3, $ _ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. i� POLICY 17 jErO 17 LOC I GT?iER: (�( I GENERAL AGGREGATE $ 4,000,00 -.COMP/OP AGG_j $ 4,000,00 IPRODUCTS 1 I $ AUTOMOBILE LIABILITY B Hx ANY AUTO - ALL OWNED SCHEDULED ( .AUTOS AUTOS NON -OWNED [ HIRED AUTOS AUTOS ! I AW3A42745801 9/24/2015 9/24/2016 COMBINED SINGLE LIMIT IEa accicam) -JURY i $ 1,000,00 BODILY IN (Per person) j BODILY INJURY (Per accident) ` $ PROPERTY DAh4AGE accident �- Y I $ is -' X A i UMBRELLA LIAB X OCCUR EXCESS B CLAIMS -MADE OH3A43196301 ( 9/24/2015 9124/2016 I EACH OCCURRENCE $ 1,000,00 AGGREGATE �.,..._---. ............_ _ DED RE�ENTION $ � _... _.__............__ .. WORKERS COMPENSATION !AND EMPLOYERS' LIABILITY Y / N A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED ((Mandatory In NH) ❑ 1'Ues descnbe under DESCRIPTION OF OPERATIONS below NIA I WH3A42745701 9/24/2015 9/24/2016 �' X I STATUTE PFREPH `-------• ER. E.L- EACH ACCIDENT $ 19000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 € 1,000,00 f $ ��E.L ,DISEASE - POLICY LIMIT C 'Professional Liability C Professional Liability 1 IVCPLO63882 VCPL063882 9/24/2015 9/24/2015 9/24/2016 9124/2016 Each Wrongful Act $2,000900 Annual Aggregate $29000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) See attached page. I City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS - NBS Government Finance Group 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 NBSGOVE-01 PA2 PAGE 1 OF 1 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648- City. of Huntington Beach is named additional insured regarding General Liability for operations of the named insured. Blanket forms apply when required by written contract: GENERAL LIABILITY: Additional Insured -Special Broadening Endt: 391-1006 06 09 Additional Insured -Completed Operations: 391.1602 12 11 Primary & Non -Contributory: 391-1331 06 09 Waiver of Subrogation: BP0497 07 02 'Additional Insured: 461-0478 12 12 Primary & Non -Contributory: 461-0478 12 12 ,Waiver of Subrogation: 461-0500 11 13 WORKERS' COMPENSATION: Waiver of Subrogation: WC040306 4-84 -CERTIFICATE ISSUED DUE TO POLICY RENEWAL" POLICY #ON3 A431963 BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT C1IANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance: provided under the following BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional insured by Contract, Agreement or Permit 1 2. Additional insured - Broad Form Vendors 2 3. Alienated Premises 2 4_ Bodily Injury Redefined 2 5, Broad Form Property Damage -- Borrowed Equipment, Customers 2 Goods and Use of Elevators 6. incidental Malpractice (Employed Nurses, EMT's and Paramedics) 3 7. Personal and Advertising Injury - Broad Form 3 8. Product Recall Expense $25,000 occurrence $50, 000 Aggregate 3 9, Unintentional Failure to disclose Hazards 5 10, Unintentional Failure to Notify 5 This endorsement amends coverages provided under the Susinessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 4. Additional Insured by Contract, Agreement or Permit Under SECTION It - LIABILITY, G. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing In a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury„ caused, in whole or in part, by: (1) Your acts or omissions-, or (2) The acts or omissions of those acting on your behalf, but only with respect to'. (3) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy', (3) To any person or organization included as an insured under item 9.a.2, of this endorsemen( (4) 'To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury" "property damage" or "personal and advertising injury" arises out of the sale negligence of the lessor,- (5) To any: (a) Owners or other interests from whom land has been leased which takes 391-1006 06 09 tnct:ldes copyrighted material of [naiiTance Ser,ices Office, Inc, Page 1 of 5 place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (II) The "bodily injury", "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily injury" "property damage" or "Personal and advertising injury" arising out of the rendering of or the failure to render any professional services. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors Under SECTION lI -- LIABILITY, C. Who Is An Insured, paragraph 5, is added as follows: . 5. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. The Insurance afforded the vendor does not apply to.' a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of Iiability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have ir, the absence of the contract or agreement; h, Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from tfie manufacturer, and then repackaged in the original container; e. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the uSrtZ11 course of business in connection with the distribution or sale of the product; f, Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the safe of the product; g. Products which, after distn'bufien or sale by you, have been labeled or relabeled cr used as a container, part or ingredient of any thing or substance by or for the vendor; or h. "Bodily injury" or 'property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in paragraphs 5A. or 5. f.; or (2) Such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3, Alienated Premises Under SECTION II — LIABILITY, B. Exclusions, paragraph 1.k.(2) is replaced in its entirety with the following: (2) Promises you sell, give away or abandon, if the "property damage' arises out of airy part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Bodily Injury Redefined Under SECTION 11 — LIABILITY, F. Liability and Medical Expenses Definitions, definition 4. is replaced in its entirety by the following: 4. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time, "Bodily Injury" includes mental anguish or other mental injury resulting from "bodily injury" 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods, Use of Elevators 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 a. Under SECTION If — LIABILITY, B, Exclusions, paragraph 1.k., the following is added: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations, Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. Under SECTION It — LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definition is added: "Custorners goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process, c. The insurance afforded under this provision Is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 6. Incidental Malpractice — Employed Nurses, EMT's and Paramedics Under SECTION It — LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, emergency m edical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x- ray or nursing services. T Personal and Advertising Injury— Broad Form Under SECTION lI — LIABILITY, F. Liability and Medical Expenses Definitions, definition 15, "Personal and Advertising Injury", paragraph h. is added as follows: h. Discrimination or humiliation (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: a. Under SECTION ll — LIABILITY, B. Exclusions, Paragraph 1. o, is replaced in its entirety by the following: o. Recall of Products, Work or impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recali, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". The exception to the exclusion does not apply to "product recall expenses" resulting from: (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of friness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (1) Not done intentionally by or at the direction (8) Recall of "your products" that have no Of. known or suspected defect solely (a) The insured; or because a known or suspected (b) Any officer of the corporation, director, defect in another of "your products' stockholder, partner or member of the has been found. insured; and b, Under SECTION It — LIABILITY, C. Who (2) Not directly or indirectly related to an is An Insured, paragraph 4.c. is added as "employee", nor to the employment, follows: prospective employment or termination of c. "t3odity injury" of "property damage" any person or persons by an insured, do not apply to "product recall 8. Product Recall Expense expense" arising out of any withdrawal 391 tD46 06 09 Includes ee�yrighted Rip_leri al of lnrsuran�� 5enri6-cs [_-I Inc, Pane 3 of 5 or recall that occurred before you acquired or formed the organization. c. Under SECTION II — LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph a, is added as follows. e. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. d. Under SEC71ON 11 — LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definitions are added: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition In "your product" has resulted or will result in "bodily injury" or "property damage". "Product recall expense(s)" means: a. Necessary and reasonable expenses for, (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees" (5) Expenses incurred by "employees" including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product", and b. Your lost profit resulting from such "covered recall". e. Under SECTION .11 — LIABILITY, D. Liability and Medical Expenses Llmits of Insurance, the following is added: 5. The Limits of Insurance and rules stated below fix the most that we will pay under this Product Recall Expense Coverage. (1) The Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "product recall expenses" initiated during the policy period. (2) The Occurrence Limit shown on, the Summary of Coverages is the most we will pay in c—annection with any one defect or deficiency. (a) All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". (b) Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by 3si-1006 06 09 IncludeS copyrig,-Jed rnolefiall of Insurance &�-vi;; :s Office, =r}c. rage 4 of 5 reimbursement of "product recall expenses" to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency, 6. A deductible of $500 applies per each "Occurrence". 9, Unintentional Failure to Disclose Hazards Under SECTION 11 — LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: S. Represontations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. Unintentional Failure to Notify Under SECTION II — LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: f. Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that. the "bodily injury" or "property damage" is not covered under this Policy. 391-1006 {76 o9 Includes copyrighted mailerial of Inawance Services Office, Inc. Page 5 015 POLICY #OH3 A431963 THIS ENDORSEMENT CHANGES. THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance pro-vided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) i Or Organization(s) Location And Descriptioir Of Compi.e,ted. Operations ANY PERSON OR ORGANIZATION WHEN REQUIRED BY A WRETTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT, I Information required to complete this Schedule, if not shown abowc:, will by shown In the Declarations. The following is added to Paragraph C. Who Is An Insured in Section ## -- Ua'bitity: Any person(s) or organizallon(s) shown in the Sched- uie is also an additional insured, but only with respect to liability for "bodily injury" or "property damags" caused, In whole or in part, by "your work" at the locaiion designated and described in the Schedule of this endorsement performed for that additional In- sured and included in the "products -completed opera- tions hazard". 1 , _.. C"`,, Page 1 of t 3°� -'u�2 `l2 tf irci,.ac;e�uci;;�rir;�i�c'r��•alerialoif�suranc � ices .�;• s,I=;�.•witt,:is;;�sr;.::;:c:, POLICY #OH3 A431953 OTHER INSURANCE = PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSONNERS COVERAGE FORM The following is added to SECTION III — COMMON POLICY CONDITIONS: M. Dther Insurance (b) That is Fire insurance for premises rented to t!-t- Additional 1. Additional Insureds insured or temporarily occupied If you agree in a written contract, written by the Additional insured with agreement or permit that the insurance permission of the owner, provided to any person or organization (c) That is insurance purchased by included as an Additional Insured under the Additional Insured to, cover the SECTION 11 - LIABILITY, Part C — Who is An Additional Insureds liability as a Insured, is primary and non-contrbutory, the tenant for "property damage" to following applies; premises rented to the Additional If other valid and collectible insurance is Insured or temporarily occupied available to the Additional trisured for a loss by the Additional Insured with we cover under SECTION It — LIABILITY, permission of the owner, or Part A_ Coverages, Paragraph 1., Business (d) If the loss arises• out of the Liability our obligations are limited as follows; maintenance or use of aircraft, a, Primary Insurance "autos" or watercraft to the extent This insurance is primary to other not subject to Exclusion g. of SECTION Il — LIABILITY, Part A. insurance that is available to the Coverages, 1. Business Additional Insured which covers the Liability' Additional Insured as a Named Insured. We will not seek contribution from any When this insurance is excess, we will other insurance available to the Additional have no duty under SECTION It — Insured except, LIABILITY., Part A. Coverages, 1. Business Liability to defend the insured (1) For the sole negligence of the against any suit" if any other insurer has Additional Insured; a duty to defend the insures against that (2) When the Additional Insured is an "suit". If no other insurer defends, we will Additional Insured under another undertake to do so, but we will be entitled primary liability policy; or to the insured's rights against all those (3) When b,(2) below applies, other insurers. If this Insurance is primary, our obligations When this insurance is excess over other insurance, we will pay only our share of are not affected unless any of the other the amount of the loss, if any, that insurance is also primary. Then, we will exceeds the sum of; share with all that other insurance by the method described in b.(3) below. (2) The total amount that all such other insurance would pay for the loss in the b, Excess Insurance absence of this insurance; and This insurance is excess over: (3) The total of all deductible and self- (1) Any of the other insurance, whether insured amounts under all that other primary, excess, contingent or on any insurance, other basis: We will share the remaining loss, if any, (a) Thai is Fire, Extended Coverage, with'- any- other- insurance that is. -not Buitder's Risk, Installation Risk or described in this Excess Insurance similar coverage for "your work"; provision and was not bought specifically to apply in excess of the Limits of 391-1331 06 09 Includcs cofsyrtghkid maierja[ 0( , „Y=vet ervi T OMCPG, lna, with it; perrnis�Oor. Page 1 of 2 Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the less remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Linder this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 391-1331 H 09 Includes copyrighted material of Insurance Services offices, Inc., with its permit�ision Page 2 of 2 POLICY #OH3 A431963 A , ver ian��nsurance Croup - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: SUSINESSOWNERS COVERAGE FORM SCHEDULE' Name Of Person Or'Drganization: ANY PERSON OR ORGANIZATION WHEN REQUIRED BY A WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT. ' Information required to complete this Schedule, if not shown on this endorsement, wil[be shown in the Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section lit - Common Pol- icy Conditions is amended by the addition of the following: We valve any right of recovery we may have against the person or organization. shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing op- erations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard", This waiver applies only to the person or organization shown in the Schedule above_ BP 04 97 07 07 Coovrinht, ISO Prooerfies, Inc.. 2001 Pape 1 of 1 POLICY #AW3 A427458 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION 11 — LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured: Additional Insured if Required by Contract If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "Insured" under this Coverage Part, such person or organization is an "insured"; but only to the extent that such person or organization qualifies as an "insured" under paragraph A.1.c. of this Section. If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, the most we will pay on behalf of such additional "insured" is the lesser of; (1) The Limits of Insurance for liability coverage specified In the written contract, written agreement or written permit; or (2) The Limits of Insurance for Liability Coverage Shown in the Oeclarations applicable to this Coverage Part. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations applicable to this Coverage Part. Regardless of the number of covered "autos", "insureds", premiurris paid, claims made or vehicles involved in the "accident', the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. B. The following is added to SECTION IV — BUSINESS AUTO CONOITIONS, Paragraph B. General Conditions, subparagraph 5. Other insurance: Primary and Non -Contributory If you agree in a written contract, written agreement or written permit that the insurance provided to a person or organization who qualifies as an additional "insured" tinder SECTION 11 — LiABILITY COVERAGE, Paragraph A.I. Who Is An Insured, subparagraph Additional Insured If Required by Contract is primary and non- contributory, the following applies; The liability coverage provided by this Coverage Part is primary to any other insurance available to the additional "insured" as a Named Insured, We will not seek contribution from any other insurance available to the additional "insured" except: (1) For the sole negligence of the additional 'Insured'; or (2) For negligence arising out of the ownership, maintenance or use of any "auto" not owned by the additional "insured or by you, unless that "auto" is a "trailer" connected to an "auto" owned by the additional, "insured' or by you; or 13) When the additional "insured" is also an additional `insured" under another liability policy. C. This endorsement will apply only if the "accident" occufs: 1. During the policy period; 2. Subsequent to the execution of the written contract or written agreement or the issuance of the written permit; and 3. Prior to the expiration of the period of time that the written contract, written agreement or written permit requires such insurance to be provided to the additional "insured". D. Coverage provided to an additional "Insured" will not be broader than coverage provided to any other "'insured" under this Coverage Part. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED_ 461.0478 12 12 tn1-hrtes-upyrighted materiel of iSt) Ensura,-)='mr-Ac-a:- : K:n. Inc-, 'With its Page 1 of 1 Hanover lnsunncif Grouo_ AW3A427458 1 QD1554 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: NAS GOVERNMENT FINANCE GROUP Endorsement Effective Date: 9/2412015 SCHEDULE Name(s) Of Person(s) Or Organlzation(s): ANY PERSON OR ORGANIZATION WHEN REQUIRED BY A WRIT Information required to complete this Schedule, if not shown above, will be shown in the Declarations The Transfer Of Rights Of Recovery. Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. 451-0500 11 13 includes copyrighted material of Insurance Services Office, Irac., with its perMission Paget of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our pa/menis from anyone liable for an injury covered by this policy. We will not enforce our right, against, the person or organizaikin named' in the. Schnclute. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maimtain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Pemon or Organization Job Description ONLY WHERE REQUIRED BY CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless othe Rise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 9/24/2015 Policy No. WH 3 -A4 274 ; 7 - 01 Endorsement No. Insured NITS GOVERNMENT FINANCE GROUT' Premium $ Insurance Company THE HANOVER INSURANCE COMPANY Countersigned By WC 04 03 06 (Ed. 04-84) 4• a CONTRACTS SUBMITTAL TO rek-9 CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: NBS Government Finance Group Pu rpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Ground Emergency Medical Transportation Cost Consulting Services Amount of Contract: $10,400 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management Initiating Dept. Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: 11/17/14 Name/Extension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NBS GOVERNMENT AND FINANCE GROUP, DBA NBS FOR GROUND EMERGENCY MEDICAL TRANSPORTATION COST CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and NBS Government and Finance Group, dba NBS, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Ground Emergency Medical Transportation ("GEMT") Cost Consulting Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Greta Davis, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 14-44301113560 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TMM OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on OCT20� (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than ninety (90) days from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ten Thousand Four Hundred Dollars ($10,400.). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will 14-4430/113560 2 undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit °°B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents; shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. ,HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful 144430/113560 3 misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE. CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 144430/113560 4 If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as 14-4430/113560 5 set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or I4-4430/113560 6 subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY:EMPLOYEES.AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Kevin Justen 2000 Main Street Huntington Beach, CA 92648 (714) 536-5235 144430/113560 7 TO CONSULTANT: NBS Government and Finance Group, Dba NBS ATM: Greta Davis 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 (800)676-7516 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. 14-4430/113560 8 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IlVI WGR.ATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHMITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 14-4430/113560 9 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. , GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that 14-4430/113560 10 that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, NBS GOVERNMENT AND a municipal corporation of the State of California FINANCE GROUP, dba NBS BYe --, ..._.:Director/Chief -(Pursuant to HBMC § 3.03.100) �— print nam ITS: (circle one) Ehairnt "iesiden ice President APPROVED AS TO FORM: AND OCity Attorney A 1z cdWo�l; �-�'l1 rfli3�5•� +n�ava: iv c e� Date: e - _ ITS: (circle on S , 1►id Financial Officer/Ant Secretary =:Tr 14-4430/113560 11 EXHIBIT A SCOPE OF SERVICES A. OMBA-97 COST. ALLOCATION PLAN NBS is currently contracted to prepare the OMB CAP, therefore, these costs will be utilized for purposes of inclusion of the full cost for GEMT reimbursement. B. FIRE DEPARTMENT INDIRECT AND DIRECT COST ANALYSIS Task B-1— Commencement and Data Collection The purpose of this task is to initiate the project on solid footing and establish common understanding. A detailed initial data request will be submitted to the City at project commencement to include items such as detailed revenue and expense FY 2013/14, any timekeeping data currently recorded by City staff, and any relevant volume/activity statistics currently tracked by the City. Task B-2 — Gather and Analyze Initial Data Review and Analyze information and data received. Task B-3 — Identify and Discuss Cost Analysis Kick-off project to discuss and identify indirect and direct cost analysis based on organization, staffing and functions for the City. Review, discuss and confirm volume/activity data and any time tracking data as needed. If needed, discuss the use of time estimates for providing the treatment and transport services. Task B-4 — Full Cost Analysis Preparation The purpose of this task is to develop the customized technical cost model capable of performing the necessary cost calculations and generating the outcomes desired by the City from this effort. a. Preparation of the Fire Department Indirect and Direct Costs Prepare the Fire Department Indirect and Direct costs related to treatment and transportation of Emergency Medical Services Citywide FY 2013/14. The Cost Analysis preparation involves the following: Analysis of expense, staffing, support activities, functional distribution and allocation data for determination of the Fire Department full cost. C. PREPARATION OF THE REQUIRED FORMS FOR SUBMISSION TO THE DEPARTMENT OF HEALTH CARE SERVICES ("DHCS" ) Task C-1— Prepare Forms for City Review Prepare the required forms for submission to DHCS related to treatment and transportation of Emergency Medical Services Citywide FY 2013/14. Task C-2 — Finalize Forms Provide opportunity for City to review forms and request revisions if necessary. One round of revisions is included if necessary. Revisions must be performed and provided to City by 11/21/14. 14-4430/113561 EXHIBIT B Fees NBS applies the following hourly rates for our staff time recorded directly to this project: • Project Manager: $160 per hour • Analyst: $120 per hour Based on our best understanding of the scope of services for the Cost Consulting services, NBS provides the following contracting options based on the City's needs: Total cost of $10,400. NBS has included a table for the detail cost breakdown for the project: City of Huntington Beach Cost Consulting Services Submittal ONIB Fire Fee Contract Year Fiscal Year Deadline CAP, Calculation ; �,,Forms— Total Year-l.. FY 13/14 11/30/2014 $ 6r320 ;$ 4 080 $ 10,400 The breakdown is derived as follows: B. Fire Department Fall Cost Analysis Consultant Labor (Hours) -Grand,Totals, Task Plan Project Manager Analyst Consultant Consultant Labor (Hours) costs ($) $120 1. Commencement and Data Collection 2.0 2.0 320 2. Gather and Analyze Data 2.0 2.0 4.0 560 3. Identify and discuss Cost Analysis 8.0 16.0 24.0 3,200 4. Full Cost Anal sis Preparation 8.0 9.0 16.0 2,240 GRAND TOTAL -NOT TO EXCEED 20.0 26.0 46.0 6,320::::] C. Form Preparation Consultant Labor (Hours) Grand Totals Consultant Consultant Task Plan Project Manager Analyst Labor (Hours) costs Hourly Rate $160 $120 7 1. Prepare ForIns 16.0 8.0 --- 24.0-- 3,520 2. Finalize Forms..- 2.0- 2.0 -4.0- 560 GRANDTOTAL NOT TO EXCEED 18.0, --10.0 ; 28.0 14-4430/113562 Expenses Customary out-of-pocket expenses are included in the fees above. These expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, means and various third -party charges for data, maps, and recording fees. Terms Services will be invoiced monthly. Expenses will be itemized and included in the next regular invoice. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel contracts with 30 days written notice. 14-4430/113562 2 NBSGOVE-01 SBB ®� CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 1 9/251225/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). License # OB23506 (858) 869-8300 Vanorsdale Insurance Services 6165 Greenwich Drive Suite 200 San Diego, CA 92122 ONTPRODUCER NAME: Janet Darby PHONEIFAX _8..58-869-8300 _ 858-869-8301 Arc,No xy N E-MAIL admin vanorsdale.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Hanover Insurance Company INSURED NBS Government Finance Group 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 INSURERB:AIlmerica Financial Benefit 19704 INSURER C:Gemini Insurance Company 10833 INSURER D : INSURER E ; INSURER F : COVERAGES CFRTIFICATF NIIMRFR- RFVISIr1N NtIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AZ SUUR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 2,000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X OH3A43196300 9/24/2014 9/24/2016 PREMISES (Ea occurrence) $ 2,000,000 MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,00 X POLICY PRO LOC $ AUTOMOBILE LIABILITY BINED SINGLE LIMIT COEa aMccident $ 1,000,000 BODILY INJURY (Per person) $ B X ANYAUTO AW3A42745800 9/24/2014 9/24/2015 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 $ A 7EXCESS LIAB CLAIMS -MADE OH3A43196300 9/24/2014 9/24/2015 AGGREGATE DED RETENTION $ $ I A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N / A I WH3A42745700 9/24/2014 9/24/2015 X WCYSTATU LIMIMITS O TO RR E.L. EACH ACCIDENT $ 1,000,000 E.L.DISEASE -EAEMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability VCPL062985 9/24/2014 9/24/2015 Each Wrongful Act $2,000,000 C Professional Liability VCPLO62985 9/24/2014 9/24/2015 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) See attached page. p��ROv�®AS TO FORM p Jennittit M00f8th, City Attorney 106/m y GtK11FIGA I E City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �_ `� Gc•z11 �7'-7 ice. cc�L_.!_`�_ � 7 © 1988-2010 ACORD CORPORATION. All rights reserved, ACORD 26 (2010/06) The ACORD name and logo are registered marks of ACORD