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Home My WebLink AboutNBS I,, AGREEMENT THIS AGREEMENT is made and entered into on the' 1day of PAM ( , 2016 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and NBS Government Finance Group, dba NBS. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: See attached Exhibit A and B 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated February 17, 2016 3. TERMS. The services and/or materials furnished under this Agreement shall commence 03/31/2016 and shall be completed by 9/30/2016, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed six thousand five hundred fifty dollars and zero cents ($6,550.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 Short form Updated 4133110 V 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 snort mem updated 4rz3J10 V c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer- employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Snort tarn Updated 4123110 N v h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Richard Chiu Public Works Director 3�5� Town of Los Altos Hills By: --1141 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 � qi W„yt,W PEOpriinit name, Title f fCDIGI TOWN OF LOS ALTOS HILLS: Leto( jTfj2olb By: 66 dd Carl Cahill, City Manager Manager ate Town of Los Altos Hills Page 4 of 4 short roan updated 4123/10 V EXHIBIT A SCOPE OF SERVICES SEWER CHARGE(SA 841)TAX ROLL BILLING SCOPE OF SERVICES: Kick-off Meeting. Meet with Client staff to discuss: • Tax Roll Billing steps and appropriate timeline • Method of application of the charge and the data required to establish the proper procedure for levying the charge • Process for any appeals or disputes Data Gathering. Gather and review data pertinent to the calculation and billing of the Sewer Charge. Data will be obtained from various sources such as the County Assessor's Secured Roll, assessor's parcel maps and Clients utility database as determined to be necessary based on the requirements of the formula. Database Maintenance. Maintain and periodically update a database of all parcels within the service area and relevant parcel information. Levy Calculation. Calculate the annual levy for each parcel within the service area following the guidelines established in the formula. County Submittal. Submit the levy to the County Auditor Controller in the required electronic format. Levies rejected by the County Auditor Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not submitted to the County for collection will be invoiced with payment to be directed to the Client. Reporting. Provide an annual Levy Report. The report will include a parcel listing with levy amounts and rate category identifiers. Parcel and levy data can be provided via a CD ROM, diskette or emailed electronic file, if desired. Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the Client, other interested parties and all property owners. Our staff will be available to answer questions regarding the sewer charge rates. Bilingual staff is available for Spanish-speaking property owners. Consulting Services Agreement between [February 17, 2016] Town of Los Altos Hills and NBS—Exhibit A Page 1 of 2 it SEWER LOAN(SA 711)TAX ROLL BILLING Kick-off Meeting. Meet with Client staff to discuss: • Tax roll billing steps and appropriate timeline • Method of application of the charge and the data required to establish the proper procedure for levying the charge • Process for any appeals or disputes Data Gathering. Gather and review data pertinent to the calculation and billing of the levy. Data will be obtained from various sources such as the County Assessor's Secured Roll, assessors parcel maps and Client's database as determined to be necessary based on the requirements of the formula. Database Maintenance. Maintain and periodically update a database of all parcels within the service area and relevant parcel information. Levy Calculation. Calculate the annual levy for each parcel within the service area following the guidelines established in the formula. County Submittal. Submit the levy to the County Auditor Controller in the required electronic format. Levies rejected by the County Auditor Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not submitted to the County for collection will be invoiced with payment to be directed to the Client. Reporting. Provide an annual Levy Report. The report will include a parcel listing with levy amounts and rate category identifiers. Parcel and levy data can be provided via a CD ROM, diskette or emailed electronic file, if desired. Prepayment Calculation/Amortization Schedule. NBS will provide assessment prepayment calculations and amortization schedules to interested parties. The requester will pay the cost of this service; however, there will be no charge to the City or property owners. Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the Client, other interested parties and all property owners. Our staff will be available to answer questions regarding the levy. Bilingual staff is available for Spanish-speaking property owners. Consulting Services Agreement between [February 17, 2016] Town of Los Altos Hills and NBS—Exhibit A Page 2 of 2 i► EXHIBIT B COMPENSATION SCHEDULE Annual Base Fee (SA 841) $4,550 Annual Base Fee (SA 711) $1,500 Estimated Annual Expenses $500 Annual Fee Increases Cost of living increases may be applied to the services listed above on October 1 each year, beginning with October 1, 2017. The COLA would be the actual cost of living increased based on the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for the Northern California counties. Expenses Customary out-of-pocket expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees. Additional Services The following table shows our current hourly rates. Additional services authorized by the Client but not included in the scope of services will be billed at this rate or the then applicable hourly rate. Title Hourly Rate Director $205 Senior Consultant/Engineer 160 Consultant 140 Analyst 120 Clerical/Support 95 Terms Administration services will be invoiced at the beginning of each quarter. Expenses will be itemized and included in the next regular invoice. Fees for all other services will be invoiced upon completion of the task. If the project is prematurely terminated by either party, Consultant shall receive payment for work completed. 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 administration contracts with 30 days written notice. Contract may be renewed by Town for following year levy. Consulting Services Agreement between [February 17, 20161 Town of Los Altos Hills and NBS—Exhibit B Page 1 of 1 /1 V 410 NBSGOVE-01 SBB ACRCERTIFICATE DATE(xMLwYYT'O OF LIABILITY INSURANCE 3/16/1016 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the teams and conditions of the policy,certain policies may require an endoreement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0823506 (858)869-8300 wl'Z atm Janet Darby VanoredaM insurance Services Irew'cDrw Eaa 858-869-8900 IAX NC.Ne):858-069.8301 6165 Greenwich Drive,Suite 200pJ,DDpADD ae:atlmin@vvanoredale.com San Diego,CA 92122 INSURER01)AFFORDING COVERAGE - NAG _ _ .1 ISURERA:Hanover Insurance Company - 22292 INSURED - INSURER a:Alimerica Financial Benefit ._. 41840 NBS GovernmentculaFinanceway, Group 32605 Temecula Parkway,Suite 100 IxsulUnc:Gemini Insurance Company 10833 Temecula,CA 92592 INSURER 0: INSURER E: 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 MW 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.G EXP TR TYPE OF IADDL NSURANCE aqO SWED POLICY NUMBER IMMmoEIR YIYYYFI IMIEFF NDyIIYYYYI LIMITS ----. A X comememAL GENERAL LMBIUTY EACH OCCURRENCE f 2,000,'1I CLAIMSMADE ^l rrn R X OH3A43196301 9/24/2015 9/2412015 P EI$51 BEamllanml, s 2,000,001 MED EXP(Any one person) S IA " PERSONAL flADV INJURY f 2,000,001 GEHL AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE s 4,000,011 X 1201-ICY L_L Tei- _.. 1 W PRODUCTS-DPIP/LP AGG S 4,000,001 OVER: f AVTOYOBRE LIABILITY (W BINED Es acdd�)IMGlE LIMITf 1,000,001 B X ANY AUTO AW3A42745801 9/14/2015 9/24/2016 sooty INJURY(Pee person) S— ALL OWNED LED DLY INJURY(Per sodden° S NON-OAUTOS AUTOS &I AUTOS ED PROPERTY DAMAGE f HIRED AUTOS AUTOS (Per accident) _ — E . R (NIBREUA UAB r x. OCCUR EACH OCCURRENCE $ _.__.1,000,0,1 A EXCESS UAB CLAIMS-MADE OH3M3196301 9/24/2015 9/24/2015 AGGREGATE f DED RETENTION S WORKERS COMPENSATION RH AND ENPLOYERSUAAwLITY ;MUTE E Y/N ......- A ANY PROPRIETER EXCLNER,E GUTIVE 7I NIA WH3M2745701 9242015 912412016 EL EACH ACCIDENT i 1,000,001 C£FlCERREXBER EXCLUDE)'? I INMI.MeyF NH) EL.DISEASE-EA EMPLOYEE f 1,000,001 N was describe Inde, DESCRIPTION OFOPERATONS beim EL DISEASE-POLICY OMIT S 1,000,001 C Professional Liability VCPL063882 9/24/2015 9/24/2016 Each Wrongful Act 52,000,001 C Professional Liability VCPL083882 9/24/2015 9/24/2016 Annual Aggregate 52,000,001 • • DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,AddXRnal Remarks Schedule,may be elaehed Noon spice Is required) See attached page. CERTIFICATE HOLDER CANCELLATION SHOULD AFI/OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Los Altos Hills TME EAPIRXTIon one TREE' NOTICE Tm:L TN BREL .W Attn:Tina Tseng ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road AUTHORIZED REPRESENTATIVE Los Altos Hills,CA 94022- - -- --_- V )- )-1-,-----''-'9"-.'---------"-----_- " - 1 C19884014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NIMOVE-01 SBB PAGE 1 OF1 DESCRIPTION OF OPERATIONS- NBS Government Finance Group Town of Los Altos Hills 32605 Temecula Parkway,Suite 100 Attn:Tina Tseng Temecula,CA 92592 26379 Fremont Road Los Altos Hills,CA 94022- The Town of Los Altos Hills,its elective and appointed officers,employees,and volunteers are named additional insured regarding General Liability. 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 8 Non-Contributory: 391-1331 06 09 Waiver of Subrogation:BP0497 07 02 AUTO: Additional Insured:461-0478 1212 Primary 8 Non-Contributory:461-047812 12 Waiver of Subrogation:461-0500 11 13 WORKERS'COMPENSATION: Waiver of Subrogation:WC040306 4-84 in the event of cancellation,30 days notice(10 days for nonpayment of premium)well be issued to the certificate holder by the agent,Vanorsdale Insurance Services. it POLICY #0H3 A43196301 BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES 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 .Baled.Faux,P,xcwarty.Davd ,e—R%rnred F.664wwir, Cswakttaws 2 Goods and Use of Elevators 6. Incidental Malpractice(Employed Nurses. EMTs 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 Businessowners 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. 1. Additional Insured by Contract, Agreement or This insurance applies on a primary basis if Permit that is required by the written contract, Under SECTION II — LIABILITY, C. Who Is An agreement Or permit. Insured,Paragraph 4.is added as follows: b. This provision does not apply: a. Any person or organization for whom you are (1) Unless the written contract or written performing operations when you and such agreement has been executed or perp t person or organization have agreed in writing has been issued prior to the"bodily injury, in a contract, agreement or permit that such 'property damage" or 'personal and person or organization be added as an advertising Injury; additional insured on your policy. Such person or organization is an additional insured only (2) To any person orendorsement organization included as with respect to liability for "bodily injury", an Insuredanby a part enhorsemc ; issued by 'property damage" or "personal and us and made of this Policy; advertising injury' caused, in whole or in part, (3) To any person or organization included as by: an insured under Item t.a.2. of this (1) Your acts or omissions; or endorsement; (2) The acts or omissions of those acting on (4) To any lessor of equipment: your behalf, (a) After the equipment lease expires;or but only with respect to: (b) If the "bodily injury", "property damages or'personal and advertising (3) "Your work' for the additional insured(s) at injury" arises out of the sole the location designated in the contract, negligence of the lessor; agreement or permit; or (4) Premises you own, rent, lease, control or (5) To any. occupy. (a) Owners or other interests from whom land has been leased which takes 391-1006 06 09 Includes copyrighted material of Insurance Services ORice, Inc. Page 1 of 5 V place after the lease for that land business in connection with the expires;or distribution or sale of the product; (b) Managers or lessors of premises if: f. Demonstration, installation, servicing or (0 The occurrence takes place after repair operations, except such operations you cease to be a tenant in that performed at the vendors premises in premises;or connection with the sale of the product; (ii) The "bodily injury', "property g. Products which, after distribution or sale damage" or "personal and by you, have been labeled or relabeled or atiaetirarng introtf -aims yd. N, used as a container,part or ingfedient of structural alterations, new any thing or substance by or for the construction or demolition vendor,or operations performed by or on h. "Bodily injury' or 'property damage" behalf of the manager or lessor;or arising out of the sole negligence of the (6) To "bodily injury", "property damage" or vendor for its own acts or omissions or "personal and advertising injury" arising those of its employees or anyone else out of the rendering of or the failure to acting on its behalf. However, this render any professional services. exclusion does not apply to: c. Additional insured coverage provided by this (1) The exceptions contained In provision will not be broader than coverage paragraphs 5.d.or 5.f.;or provided to any other insured. (2) Such inspections, adjustments, test or d. All other insuring agreements, exclusions, and servicing as the vendor has agreed to conditions of the policy apply. make or normally undertakes to make M the usual course of business, in 2. Additional Insured-Broad Form Vendors connection with the distribution or sale Under SECTION II — LIABILITY, C. Who Is An of the products. Insured,paragraph 5.is added as follows: This insurance does not apply to any insured 5. Any person or organization with whom you person or organization, from whom you have agreed, because of a written contract or acquired such products,or any ingredient,part written agreement to provide insurance, but or container, entering into, accompanying or only with respect to 'bodily injury'or"property containing such products. clao*W"ad-Stag auf of f.hogy PuO6N.unA9" HAaisk 7. AAenated Premises are distributed or sold in the regular course of the vendor's business. Under SECTION II — LIABILITY, B. Exclusions, The insurance afforded the vendor does not paragraph 1.k.(2)is replaced in its entirety with the following: apply to: a. "Bodily injury" or "property damage' for (2)the Premises you sell, give away or abandon, if which the vendor is obligated to payP perry damage"arises out of any part of 9 those premises and occurred from hazards that damages by reason of the assumption of were known by you, or should have reasonably liability in a contract or agreement This been known by you, at the time the property exclusion does not apply to liability for was transferred or abandoned. damages that the vendor would have in. 4. Bodily Injury Redefined the absence of the contract or agreement; b. Any express warranty unauthorized by Under SECTION II — LIABILITY, F. Liability and you; Medical Expenses Definitions, definition 4. is c. Any physical or chemical change in the replaced in its entirety by the following: product made intentionally by the vendor; 4. 'Bodily injury means bodily Injury, disability, sickness or disease sustained by a person, d. Repackaging, unless unpacked solely for including death resulting from any of these at the purpose of inspection, demonstration, any time. "Bodily Injury" includes mental testing, or the substitution of parts under anguish or other mental injury resulting from instruction from the manufacturer, and 'bodily injury'. Mew,wpgavkagu,21,iv 5. Broad Form Property Damage — Borrowed e. Any failure to make such inspection, Equipment, Customers Goods, Use of adjustments, tests or servicing as the Elevators vendor has agreed to make or normally undertakes to make in the usual course of 391-1006 06 09 Includes copyrighted material of Insurance Services Office.Inc. Page i of 5 it S a. Under SECTION II — LIABILITY, B. a. Under SECTION II — LIABILITY, B. Exclusions, paragraph 1.k., the following is Exclusions. Paragraph 1. o. is replaced in its added: entirety by the following: Paragraph (4) does not apply to "property o. Recall of Products, Work or Impaired damage" to borrowed equipment while at a Property jobsite and not being used to perform Damages claimed for any loss, cost or operations. expense incurred by you or others for the Paragraph (3), (4) and (6) do not apply to loss of use, withdrawal, recall, inspection. "property damage" to"customers goods'while repair, replacement, adjustment, removal on your premises nor to the use of elevators. or disposal of b. Under SECTION II — LIABILITY, F. Liability (1) "Your product; and Medical Expenses Definitions, the (2) "Your work";or following additional definition is added: 'Customers goods' means property of your (3) "Impaired property"; customer on your premises for the purpose of If such product, wort or property is being: withdrawn or recalled from the market or a. Worked on; or from use by any person or organization because of a known or suspected defect b. Used in your manufacturing process, deficiency, inadequacy or dangerous c. The insurance afforded under this provision is condition in it, but this exclusion does not excess over any other valid and collectible apply to"product recall expenses"that you property insurance (including deductible) incur for the "covered recall" of "your available to the Insured whether primary, product". The exception to the exclusion excess, contingent or on any other basis. does not apply to "product recall 6. Incidental Malpractice — Employed Nurses, expensed resdf[mg'uom: EMT's and Paramedics (1) Failure of any products to accomplish Under SECTION II — LIABILITY, C. Who Is An their intended purpose; Insured, paragraph 2.a.(1)(d) does not apply to a (2) Breach of warranties of fitness, nurse, emergency medical technician or quality,durability or performance; paramedic employed by you if you are not (3) Loss of customer approval, or any engaged in the business or occupation of cost incurred to regain customer providing medical, paramedical,surgical, dental,x- approval; ray or nursing services. (4) Redistribution or replacement of"your 7. Personal and Advertising Injury—Broad Form product" which has been recalled by Under SECTION II—LIABILITY, F. Liability and rlke products or substitutes; Medical Expenses Definitions, definition 15, (5) Caprice or whim of the insured; "Personal and Advertising Injury', paragraph h. is (6) A condition likely to cause loss of added as follows: which any insured knew or had h. Discrimination or humiliation(unless insurance • reason to know at the inception of thereof is prohibited by law) that results in this insurance; injury to the feelings or reputation of a natural (7) Asbestos, including loss, damage or person, but only if such discrimination or clean up resulting from asbestos or humiliation Is: 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 II — LIABILITY, C. Who (2) Not directly or indirectly related to an fs An Insured,paragraph 4.c. is added as "employee", nor to the employment, follows: prospective employment or termination of c. "Bodily injury" or "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 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 111110 or recall that occurred before you (5) Expenses incurred by acquired or formed the organization. "employees" including c. Under SECTION II — LIABILITY, E. transportation and Liability and Medical Expense General accommodations; Conditions, 2. Duties in the Event of (6) Expenses to rent additional Occurrence, Offense, Claim or Suit, warehouse or storage space; paragraph e. is added as follows: (T) Disposal of your product". but e. You must see to it that the following only to the extent that specific are done in the event of an actual or methods of destruction other than anticipated "covered recall" that may those employed for trash result in'product recall expense': discarding or disposal are 0 '1 Gate us prompt nonce of any 'property �'�� "'x4�,'I�at9r r discovery or notification that 'your property damage" as a result of product' must be withdrawn or such disposal, recalled. Include a description of you incur exclusively for the purpose 'your product" and the reason for of recalling"your product';and the withdrawal or recall; b. Your lost profit resulting from such (2) Cease any further release, "covered recall'. shipment, consignment or any e. Under SECTION II — LIABILITY, D. other method of distribution of like Liability and Medical Expenses Limits or similar products unlit it has of Insurance,the following Is added: been determinedthat. all such. products are free from defects that 5. The Limits of Insurance and rules could be a cause of loss under stated below fix the most that we will this insurance. pay under this Product Recall d. Under SECTION II — LIABILITY, F. Expense Coverage. Liability and Medical Expenses (1) The Aggregate Limit is the most Definitions, the following additional that we will reimburse you for the definitions are added sum of all 'product recall "Covered recall" means a recall made expenses"incurred for all'product necessary because you or a government reeall expenses' Initiated during the policy period.body has determined that a known or suspected defect, deficiency, inadequacy, (2) The Occurrence Limit shown on or dangerous condition in 'your product" the Summary of Coverages is the has resulted or will result in "bodily injury' most we will pay in connection or'property damage". with any one defect or deficiency. (a) All"product recall expenses' Product recall expense(s)" moans: in connection with a. Necessary and reasonable expenses substantially the same for general harmful condition (1) Communications, including radiowill be deemed to arise out df the same defect or or television announcements or printed advertisements including deficiency and considered one"occurrence".stationary, envelopes and postage; (b) Any amount reimbursed for (2) Shipping the recalled products 'product recall expenses" in from any purchaser, distributor or connectioc with any one user 'occurrence" will reduce the to theplace orplaces amountof the Aggregate designated by you; Limit available for (3) Remuneration paid to your regular reimbursement of "product "employees" for necessary recall expenses' in overtime; connection with any other (4) Hiring additional persons, other defect or deficiency_ than your regular'employees"; (c) If the Aggregate Limit has been reduced by 391-1006 06 09 Includes copyrighted material of Insurance Services Office,Inc. Page 4 of 5 6110 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. nnowdinn.with.antyntber. defector deficiency. 6. A deductible of$500 applies per each "Occurrence". 9. Unintentional Failure to Disclose Hazards Under SECTION II —LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6.is added as follows: 6. Representations 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: I. Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an 'occurrence", offense, claim or 'sults, solely due to your reasonable and documented belief that the 'bodily injury' or 'property damage" is not covered under this Policy. 391-1006 06 09 Includes copyrighted material of Insurance Services Office.Inc. Page 5 of 5 V 1110 POLICY#0H3 A931963 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance prodded under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHEN REQUIRED BY A WR11 I tN CONTRACT, WRITTEN AGREEMENT OR PERMIT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in Section II—Liability: Any person(s) or organization(s) shown in the Sched- ule is also an additional insured, but only with respect to liability for "bodily Injury" or "property damage" caused, in whole or in part, by "your work' at the location designated and described in the Schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". 391-1602 12 11 Includes copyrghted material of Insurance Services Offices,Inc.,w eh its permission Page 1 of 1 13 V `r1 POLICY #0H3 A431963 01 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: BUSINESSOWNERS COVERAGE FORM The following Is added to SECTION III—COMMON POLICY CONDITIONS: M. Other Insurance (b) That is Fire insurance for 1. Additional Insureds premises rented to the Additional 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 II-LIABILITY, Part C—Who Is An Additional Insured's liability as a Insured, is primary and nomconhibutory, 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 Insured for a loss ' by the Additional Insured with we cover under SECTION II — 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 othernot subject to Exclusion g. of Insurance that Is available to the SECTION II—IJABILITY, Part A. Additional Insured which covers the Coverages, 1. Business Additional Insured as a Named Insured. Liability. 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 II — Insured except LIABILITY, Part A. Coverages, 1. (1) For the sole negligence of the Business Liability to defend the Insured Additional Insured; against any "suit" If any other insurer has . a duty to defend the insured 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 are not affected unless any of the other insurance, we will pay only our share of Insurance is also primary. Then, we will the amount of the loss, if any, that share with all that other insurance by the exceeds the sum of: method described In b.(3)below. (2) The total amount that all such other b. Excess Insurance insurance would pay for the loss in the 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) That is Fire, Extended Coverage, with any other insurance that is--not Builder'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 Includes copyrighted material of Insurance Services Offices.Inc..with its permission Page 1 oft V 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 loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 391-1331 06 09 Includes copyrighted material of Insurance Services Offices.Inc.,with as permission Page 2 of 2 S Hanover POLICY #0H3 A43196301 Insurance Group. 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: BUSINESSOWNERS COVERAGE FORM SCHEDULE' Name Of Person Or Organization: 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, wllf be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us In Section III - Common Pol- icy ooicy Conditions Is amended by the addition of the following: We waive 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 01 97 07 02 Caovriohl. ISO Pronerlies. Inc.. 2001 Papa 1 of 1 4 POLICY #AW3 A427458 01 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 II — If you agree in a written contract, written LIABILITY COVERAGE, Paragraph A.1. Who Is agreement or written permit that the insurance An Insured: provided to a person or organization who qualifies Additional Insured If Required by Contract as an additional "insured" under SECTION II — LIABILITY COVERAGE, Paragraph A.l. Who Is If you agree in a written contract, written An Insured, subparagraph Additional Insured if agreement or written permit that a person or Required by Contract is primary and non- organization be added as an additional "Insured" contributory, the following applies: under this Coverage Part, such person or organization is an "insured`; but only to the extent The liability coverage provided by this Coverage that such person or organization qualifies as an Part is primary to any other insurance available to Insured"under paragraph A.1.c. of this Section. the additional 'insured" as a Named Insured. We will not seek contribution from any other insurance If you agree in a written contract, written available to the additional"insured"except agreement or written permit that a person or organization be added as an additional "insured" (1) For the sole negligence of the additional under this Coverage Part, the most we win pay on insured"; or behalf of such additional'insured"is the lesser of: (2) For negligence arising out of the ownership, (1) The Limits of insurance for liability coverage drIlaliTtWINAXO uaw rn•any anti" dm cors' specified in the written contract, written by the additional "insured' or by you, unless agreement or written permit; or that"auto' is a•trailer" connected to an"auto" (2) The Limits of Insurance for Liability Coverage owned by the additional insured'or by you;or shown in the Declarations applicable to this (3) When the additional "Insured' is also an Coverage Part. additional 'insured' under another liability Such amount shall be part of and not in addition to policy. the Limits of Insurance shown in the Declarations C. This endorsement will apply only if the 'accident" applicable to this Coverage Part. Regardless of occurs: the number of covered "autos'", "insureds", 1. During the policy period; prertn'eans patio', tiering ma or vehicles rnvoNeo' 2. Subsequent to the execution of the written in the"accident', the most we will pay for the total contract or written agreement or the issuance of all damages and "covered pollution cost or of the written permit and expense" combined resulting from any one "accident" is Me Limit of Insurance for Liability 3. Prior to the expiration of the period of time that Coverage shown in the Declarations. the written contract, written agreement or B. The followingis added to SECTION IV — written permit requires such insurance to be provided to the additional"insured'. BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, subparagraph 5. Other D. Coverage provided to an addional 'insured' will Insurance: not be broader than coverage provided to any Primary and Non-Contributory other"insured'under this Coverage Part. ALL OTHER TERMS, CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 461-0478 12 12 Includes copyrighted material of 15O Insurance Services Office.Inc..with its permission Page 1 of 1 it Hanover Insurance Croup.. AW3A42745801 AW3A427458 1001554 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: NBS GOVERNMENT FINANCE GROUP Endorsement Effective Date: 9/24/2015 SCHEDULE Name(s)Of Person(s)Or Organization(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. 461-050011 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 4.0 Q WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT•CAUFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (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 maintain 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 Person 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 otherwise staled. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 9/29/2015 Policy No. wH3-A4 25452-c1 Endorsement No. Insured NRS GOVERNMENT FINANCE GROUP Premium$ Insurance CompenyTHE HANOVER INSURANCE COMPANY �/j y� Countersigned By ktnb/._ r WC 04 03 06(Ed.04-84) O __