City Council/Public Financing Authority
October 15, 2024

REQUEST FOR QUALIFICATIONS

FOR

CHIEF MEDICAL OFFICER

FIRE DEPARTMENT

CITY OF HUNTINGTON BEACH

Released on July 23, 2024

CHIEF MEDICAL OFFICER
REQUEST FOR QUALIFICATIONS (RFQual.)

1. BACKGROUND
The City of Huntington Beach (hereafter referred to as the “City”) is a local municipality located along the coast of Southern California within the County of Orange, 35 miles south of Los Angeles and 90 miles north of San Diego. It is bordered by the Pacific Ocean on the West and is known for its 8.5 miles of beautiful beach. The City services a population of approximately 200,000 residents and draws over 11 million visitors to the City each year. The City of Huntington Beach is a full-service City and provides Police, Fire and Marine Safety services to the community.

The Huntington Beach Fire Department (hereafter referred to as the “Department”) is seeking an RFQual. from qualified vendors (hereafter referred to as “Vendor”), who meet the described minimum education and certification requirements, for the purpose of developing an opioid remediation program for the City and the Department which is compliant with Exhibit E of the Jannsen and Distributor settlements and conforms to guidance from the California Department of Health Care Services for the funds received by the City.

The term for this contract is for three (3) years which may be modified in the event the funding becomes no longer available.

The City reserves the right to cancel, amend, modify and/or redistribute services needed for one or all items listed in this RFQual., if determined to be in the best interest of the City, for any reason. This RFQual. may be partially or fully grant funded and the Vendor must agree to follow all grant, Federal, State, and City policies, guidelines, and regulations if selected as an awarded vendor for this RFQual. The City will hold final decisions on the acceptance or denial of a claim and on any settlement authority.

2. SCHEDULE OF EVENTS

This request for proposal will be governed by the following schedule:

Release of RFQual. July 23, 2024
Deadline for Written Questions August 6, 2024 by 4 p.m.

Responses to Questions Posted on Web August 13, 2024 Submissions are Due August 20, 2024 by 4 p.m.

Qualifications Evaluation Completed August 30, 2024
Approval of Professional Services Agreement Tentative Aug./Sept.

3. SCOPE OF WORK
The vendor is to provide the City with the following services:

A. Program Development

Vendor shall provide under the direction of the Fire Chief or Fire Chief’s designee:

A. Development of an opioid remediation program for the City that is fully compliant with Exhibit E of the Jannsen and Distributor settlements, taking into account Allowable Expenditures guidance from the California Depa rtment of Health Care Services regarding the use of funding from:

a. The California Abatement Accounts Fund
b. California Subdivision Fund
c. Mallinckrodt Settlement Agreement

B. Construct necessary protocols for a Medication Assisted Treatment (hereafter referred to as “MAT”) program and any other medical elements to be followed by Department paramedics, emergency medical technicians, and/or advanced practitioners.

C. Establish partnerships and/or agreements th at will assist with the execution of the opioid remediation program and expansion of the program into potential Mobile Intensive Health (hereafter referred to as “MIH”) services in the future. Examples of organizations to liaison with are, but not limited to:

a. CalOptima
b. Department of Health Care Services
c. Various Medical Groups
d. Health Insurance Carriers
e. Non-governmental organizations
f. Alternate destination facilities

D. Assist Department staff in executing the developed program by:

a. Working in the field as a practitioner if required
b. Provide medical oversight of Department or other field staff

B. Optional

A. Provide further medical oversight and adv ice regarding fire department and marine safety/lifeguard E mergency Medical Services (hereaf ter referred to as “EMS”) operations, planning, training, quality improvement, and policy development.

B. Provide medical expertise and information to the Hazardous Materials Response Team and Hazardous Materials Support Services on environmental and clinical toxicology issues in administration, planning, training, and operations.

C. Oversee EMS training topics; provide medical oversight and assist in EMS education curriculum development; provide direct EM S classroom and skills instruction and indirect education and briefings.

D. Conduct research, evaluate case studies, interpret data, and formulate reports relative to the provision, delivery, evaluation, and management of the EMS Program.

E. Provide medical oversight and expertis e to Quality Improvement (QI) programs – including traditional EMS field operations, Emergency Medical Dispatch, and MIH – by reviewing and analyzing effectiveness, system trends, and needs to ensure EMS system excellence.

F. Assist in the formulation of EMS related policies and procedures.

G. Act as Medical Team Manager and Medica l Director to Urban Search & Rescue (US&R)

H. Participate in call reviews with EM S educators, Firefighter/Paramedics, Firefighter/Emergency Medical Technicians, Advanced Providers, and Supervisory Staff.

I. In collaboration with EMS Bureau staff, evaluate the adherence of Department Paramedics and EMTs to medical policies, procedures, and protoc ols of the Orange County EMS Agency.

J. Review incidents with unusual or adverse pa tient outcomes and complaints related to the delivery of medical care and reports findings to Department staff.

K. Evaluate compliance with the legal documentation requirements of patient care.

L. Serve as a Department representative a nd liaison with Medical Directors and Administrators of the Orange County EMS Agency, base hospitals, regional trauma centers, paramedic receiving hospitals, acute care facilities, paramedic training institutions, and professional medical groups.

M. Attend Orange County EMS Agency administrative and oversight committee meetings.

N. Participate in direct observation of field responses and provide medical direction during a field response.

O. Assist Department staff with decisions involving risk assessment, post-exposure prophylaxis, and treatment of occupational infe ctious disease exposures; assist Risk Management/Safety Officer/Respiratory Prog ram Manager with medical and health components of Occupational Safety and Health Administration Respiratory Protection Standard; provide input to Safety and Occupa tional Health Project Team concerning firefighter safety and health issues.

P. Perform medical duties as needed on-scene of incidents within the Medical Unit, Medical Group, or Medical Branch.

Q. Serve as the Medical Director for the Emergency Medical Dispatch program and review the dispatch system's medical components, including medical dispatch strategies and pre-arrival instructions.

R. Provide medical expertise to the Department Public Information Officer.

S. Provide medical standing orders to the EM S staff for the administration of vaccines and other orders as needed.

T. Oversee the purchasing, storing, and distribution of controlled drugs for the Department in accordance with Orange County Departme nt of Health Services Controlled Drugs Carried on Advanced Life Support Units, applicable state and federal laws.

U. Support the Department and City in deve loping and executing projects directed at improving care for low acuity 911 users, high utilizers of 911 services, at-risk seniors, patients struggling with mental illness or substance addiction, homeless patients, or other selected patient populations as needed.

V. Analyze Department EMS patient care data to assist the Department with EMS planning and prehospital care performance improvement.

W. Meet with hospital-based providers and administrators to promote HBFD projects and community integration.

X. Interface with EMS medical directors of similar programs a round the county and country to compile and implement best practices.

Y. In conjunction with the Medical Director, provide medical oversight to Advanced Providers, including Physician Assistants a nd Nurse Practitioners assigned to the Mobile Integrated Health Unit.

4. QUALIFICATIONS

The vendor is to provide copies of the follo wing minimum qualifications, in their bid submission, and any other applicable highly preferred qualifications:

A. Minimum Required Qualifications

A. Licensed Medical Doctor or Doctor of Osteopathy

B. California Physicians and Surgeons License
a. Active and Valid Without Restriction

C. Drug Enforcement Agency License
a. Active and Valid Without Restriction

D. Board Eligible in Emergency Medicine

E. Driver’s License
a. Active and Valid Without Restriction

B. Highly Preferred Qualifications

A. Completion of EMS Fellowship Program.

B. Master of Public Health Degree with experience in health systems and services.

C. Certification in Medical Education and Simulation.

5. DESIRED EXPERIENCE AND KNOWLEDGE

A. Experience in EMS medical direction and EMS education and/or professional experience with an EMS Provider Agency.

B. Experience with Disaster Medicine includi ng Disaster Medical Assistance Teams and Urban Search and Rescue Medical Team Manager.

C. Active engagement in the clinical practice of emergency medicine.

D. Fire service familiarity.

E. Experience working with public health systems and operating outpatient clinics.

F. Working with local emergency medical services agencies.

G. Clinical skills instruction.

H. Experience building mobile integrated healthcare programs.

I. Understands the California EMS Act and sc ope of Emergency Medi cal Technician, and Paramedic care under California Emergency Medical Services Agency

J. Working knowledge of the opioid settlement approved spending categories.

6. SUBMISSION FORMAT GUIDELINES

Interested contractors are to provide the City of Huntington Beach with a thorough submission using the following guidelines:

Submissions should be typed and should contain no more than 20 typed pages using a 12-point font size, including transmittal letter and resume, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each submission w ill adhere to the following order and content of sections. The submission should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFQual. instructions, responding to the RFQual. requi rements, and on providing a complete and clear description of the physician’s qualifications . Submissions that appear to lack required qualifications, technical competence, or are indica tive of failure to comprehend the complexity and risk of this contract, may be rejected. The following sections are to be included in the bidder’s response:

A. Vendor Application Form and Cover Letter
Complete Appendix A, “Request for Qualifications-Vendor Application Form” and attach this form to the cover letter. A cover letter, not to exceed three (3) pages in length, should summarize key elements of the qualifications. The physician must sign the letter. Indicate the address and telephone number of the physician ’s office located nearest to Huntington Beach, California and the office from which the project will be managed.

B. Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFQual.

C. Qualifications, Experience, and Knowledge
The information requested in this section s hould describe the qualifications, experience, and knowledge of the physician to demonstrat e competence to perform these services.

Information shall include:

1) Name and license numbers of the physician.
2) A summary of the phsycian’s demonstrated capability, including comments to describe how they meet each of the stated minimum and preferred qualifications as well as the desired experience and knowledge listed above. 3) Provide at least five (5) local references (see Appendix A) that can corroborate your stated experience. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
i Client Name
i Project Description
i Project start and end dates
i Client project manager name, telephone number, and e-mail address

D. Fee Structure

List hourly pay rate.
a. Hours per fiscal year will be limited by available funds b. Fire Chief or Designee will approve requested payroll hours

B. Annual reimbursements up to $8,000.00 per fi scal year by approval of Fire Chief or Designee.

a. Reimbursements per Fiscal Year will be limited by available funds.

C. Total available California Opioid Settlement Funds to compensate the Chief Medical Officer in Fiscal Year 2024/2025 is $167,500.00. This number may be modified due to limitation of available funds.

D. Total available California Opioid Settlement Fu nds in subsequent fiscal years will be approximately $50,000.00.

a. Additional funds obtained by the program may be used to compensate the Chief Medical Officer per above.
b. Funds may be modified due to availability.

E. The term for this contract is for three year s which may be modified in the event the funding becomes no longer available.

5. PROCESS FOR SUBMITTING QUALIFICATIONS
All proposals must be submitted in PDF file format.

i Content of Submission
The proposal must be submitted using the format as indicated in the proposal format guidelines.

i Preparation of the Submission
Each proposal shall be prepared simply a nd economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.

i Number of Submissions
Submit one (1) PDF file format copy of your pr oposal in sufficient detail to allow for thorough evaluation and comparative analysis.

i Submission of Qualifications
Complete written qualifications must be submitted electronically in PDF file format via the Planetbids.com website no later th an 4:00 p.m. (P.S.T) on August 20, 2024.

Submissions will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted.
i Inquiries
Questions about this RFQual. must be directed in writing through the PlanetBids Q&A tab no later than 4:00 p.m. (PST) on August 6, 2024 for response.

From the date that this RFQual. is issued unt il a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed a bove regarding this RFQual., except during the pre-proposal conference. Refer to the Schedule of Events of this RFQual. or the City

webpage to determine if a pre-proposal conference has been scheduled. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City.

i Conditions for Qualifications Acceptance
This RFQual. does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discreti on, reserves the right to accept or reject any or all submission received as a result of this RFQual., to negotiate with any qualified source, or to cancel this RFQual. in part or in its entirety. All proposals will become the property of the City of Huntington Beach, USA. If a ny proprietary information is contained in the proposal, it should be clearly identified.

6. EVALUATION CRITERIA

The City’s consultant evaluation and selecti on process is based upon Qu alifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance:

A. Compliance with RFQual. requirements
B. Understanding of the project
C. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies
D. Educational background, work experience, and directly related consulting experiences E. Price
F. References
The City may also contact and evaluate the bidder ’s and subcontractor’s references; contact any bidder to clarify any response; contact any current users of a bidder’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation p rocess. The evaluation committee shall not be obligated to accept the highest qualified bidder, but shall make an award in the best interests of the City.

After written submissions have been reviewed, discussions with prospective physicians may or may not be required. If scheduled, the oral in terview will be a question/answer format for the purpose of clarifying the intent of any portions of the submission. The physician should be present at the oral interview.

A Notification of Intent to Award may be sent to the vendor selected. Aw ard is contingent upon the successful negotiation of fi nal contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFQual.

7. STANDARD TERMS AND CONDITIONS

i Amendments
The City reserves the right to amend this RFQual. prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids & RFQ's; bidders should check this web page daily for new information.

i Cost for Preparing Qualifications
The cost for developing the submission is the sole responsibility of the bidder. All qualifications submitted become the property of the City.

i Contract Discussions
Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be reje cted and discussions will be initiated with the second highest scoring firm. See Appendix B for a sample agreement.

i Confidentiality Requirements
The staff members assigned to this project may be required to sign a departmental non- disclosure statement. Submissions are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals.

i Financial Information
The City is concerned about bidder s’ financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm’s financial capabilities.

i Payment by Electronic Funds Transfer – EFT:

The City requires that payment be made direct ly to the vendor’s bank account via an Electronic Fund Transfer (EFT) process. Banking information will need to be provided to the City via an Electronic Credit Authorization form. A City Representative will provide the Electronic Credit Authorization form upon intent to award. Vendor will receive an Electronic Remittance Advice with the payment details via email. It is solely the responsibility of the vendor to immediately notify the City of any change to their information related to payments.

i Insurance Requirements
City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Wi thin ten (10) consecutive calendar days of award of contract, successful bidder must furnish th e City with the Certificates of Insurance proving coverage as specified in Appendix C. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security.

Please carefully review the Sample Agre ement and Insurance Requirements before responding to the Request for Qualifications enclosed herein. The terms of the

agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Qualifications must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insuran ce requirements. The City will consider this in determining responsiveness to the Request for Qualifications.

APPENDIX A
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REQUEST FOR PROPOSAL

VENDOR APPLICATION FORM
TYPE OF APPLICANT: F NEW F CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: ____________________________________________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ E-Mail Address: _________________________
Phone: ________________________ Fax: ________________________ Contact Person for Proposals: ______________________________________________________ Title:______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)

F NON PROFIT CORPORATION F FOR PROFIT CORPORATION Is your business: (check one)

F CORPORATION F LIMITED LIABILITY PARTNERSHIP

F INDIVIDUAL F SOLE PROPRIETORSHIP

F PARTNERSHIP F UNINCORPORATED ASSOCIATION
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Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ Federal Tax Identification Number: __________________________________________ City of Huntington Beach Business License Number: _____________________________ (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: __________________________ 
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APPENDIX B
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PROFESSIONAL SERVICES CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
FOR
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 , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ; 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 who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement.

2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 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 Da te 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 Dollars ($ ).

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 undertake such work only after receiving written author ization 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." agree/ surfnet/professional svcs mayor 3o f 1 1
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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 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 agree/ surfnet/professional svcs mayor 4o f 1 1
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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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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.

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 effect 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. agree/ surfnet/professional svcs mayor 5o f 1 1
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10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insuran ce 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. shall 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 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 agree/ surfnet/professional svcs mayor 6o f 1 1
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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 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.
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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: TO CONSULTANT:

City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648

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 agree/ surfnet/professional svcs mayor 8o f 1 1
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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. 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 Ag reement 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. agree/ surfnet/professional svcs mayor 9o f 1 1
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22. IMMIGRATION
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 PROHIBITED
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.

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 nonprevailing 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.
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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.

CONSULTANT’s initials

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 party's behalf, which are not embodied in this Agreement, and that 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 th e 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
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein.
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CONSULTANT,

COMPANY NAME
By:
print name
ITS: (circle one) Chairman/President/Vice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.

Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
________________________________
Mayor
_________________________________
City Clerk
INITIATED AND APPROVED:
____________________________________
REVIEWED AND APPROVED:
_________________________________
City Manager
APPROVED AS TO FORM:
_________________________________
City Attorney

EXHIBIT A
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:

C. CITY'S DUTIES AND RESPONSIBILITIES:

D. WORK PROGRAM/PROJECT SCHEDULE:

Exhibit B
1 EXHIBIT “B”
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule:

B. Travel Charges for time during travel are not reimbursable.

C. Billing

1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it.

2. Each month’s bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project.

3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion.

4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.

Such invoice shall:

A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.

Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein.

Exhibit B
2 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate.

Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. .

Exhibit B
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)

1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules.

2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion.

3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall:

A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.

Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein.

4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time.

Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement.

PROFESSIONAL SERVICES CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance......................................................................…….4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation ......................................................................................6 14 Copyrights/Patents ...................................................................................................7 15 City Employees and Officials ..................................................................................7 16 Notices……………………………………………………………………………..7
17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited ................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date………………………………………………………………………11

APPENDIX C
HB Insurance Matrix_revised 4-7-16 (2).xlsx 1 of 4
Automobile
Liability General Liability
Professional
Liability
Property
Insurance Workers' Comp
Additional
Insured
Endorsements
Contractors: Any persons or entities who
contract with the City and/or provide services to
the City which are readily available and
efficiently procured by competitive bidding.

Permittees: Any persons or entities who make
application to the City for any use of or
encroachment upon any public street, waterway,
pier, or City property.

Vendors: Any persons or entities who transfers
property or goods to the City which may or may
not involve delivery and/or installation.

CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Note 2 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is requi red.

Note 1 - Automobile Liability: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. Perm ittees who do not use vehicles or equipment in connection with the permit shall not be required to provide auto insurance. To be exempt from this requirement, permittees must execute a declaration such as Exhibit 1 attached.

Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following m inimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.

Email: [email protected] or [email protected] Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-52 12.

Vendor Type
Minimum Insurance Requirements
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or mod ifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be c onsidered only under extraordinary circumstances.

As required by
the State of
California, with
Statutory Limits
and Employer’s
Liability
Insurance with
a limit of no
less than
$1,000,000 per
accident for
bodily injury or
disease. (See
Note 2 below.)
Include the
policy number
and Additional
Insured
Endorsement
Requirement
statement
below. (See Note
3 below.)
Minimum of
$1,000,000 per
occurrence for
bodily injury,
personal injury
and property
damages. Allows
up to $1,000
deductible.(See
Note 1 below.)
Combined single limit
bodily injury and
property damage.

Minimum of
$1,000,000 per
occurrence. Allows
up to $5,000
deductible.
(Additional Insured
Endorsement is always
required with General
Liability Ins.)
Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents , and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City.

HB Insurance Matrix_revised 4-7-16 (2).xlsx 2 of 4
Automobile
Liability General Liability
Professional
Liability
Property
Insurance Workers' Comp
Additional
Insured
Endorsements

CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.   Email: FKULVWLQHNHHQ @surfcity-hb.org Phone: 714-374-537  Vendor Type
Minimum Insurance Requirements
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or mod ifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be c onsidered only under extraordinary circumstances.

Design Professionals: Professional service
contractors who contract with the City and/or
provide architectural and/or engineering services
to the City.

Professional Services: Services that involve
the exercise of professional discretion and
independent judgment based on an advanced or
specialized knowledge, expertise or training
gained by formal studies or experience or
services which are not readily or efficiently
procured by competitive bidding pursuant to HB
Muni Code 3.02. Services includes but are not
limited to those services provided by appraisers,
architects, attorneys, engineers, instructors,
insurance advisors, physicians and other
specialized consultants.
4) The reporting of circumstances or incidents that might give rise to future claims. 1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subseq uent policies purchased as renewals or replacements).
2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provisio n of at least two (2) years to report claims arising from work performed in connection with this agreement or permit.

Claims made policies are acceptable if the policy further provides that :

Minimum of
$1,000,000 per
occurrence and
in the
aggregate.

Allows up to
$10,000
deductible.

HB Insurance Matrix_revised 4-7-16 (2).xlsx 3 of 4
Automobile
Liability General Liability
Professional
Liability
Property
Insurance Workers' Comp
Additional
Insured
Endorsements

CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following m inimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.

Email: FKULVWLQHNHHQ#VXUIFLW\KERUJ3KRQH

Vendor Type
Minimum Insurance Requirements
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or mod ifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be c onsidered only under extraordinary circumstances.

Licensees/Lessees: Any persons or entities
who contract with the City for the use of public
property.

Combined single limit
bodily injury and
property damage.

Minimum of
$1,000,000 per
occurrence. Allows
up to $5,000
deductible.
(Additional Insurance
Endorsement is always
required with General
Liability Ins.)
Full
replacement
cost with no
coinsurance
penalty
provision.

As required by
the State of
California, with
Statutory Limits
and Employer’s
Liability
Insurance with
a limit of no
less than
$1,000,000 per
accident for
bodily injury or
disease. (See
Note 1 below.)
Include the
policy number
and Additional
Insured
Endorsement
Requirement
statement
below.(See Note

2.)
Note 1 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is requi red.

Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents , and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City.

HB Insurance Matrix_revised 4-7-16 (2).xlsx 4 of 4
Minimum Insurance Requirements
Professional Liability
Design Professionals: Professional service contractors who contract with the City and/or provide architectural and/or engineering services to the City.

Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants.

CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII.

Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. 4) The reporting of circumstances or incidents that might give rise to future claims.

Vendor Type
Claims made policies are acceptable if the policy further provides that :

Minimum of $1,000,000 per occurrence and in
the aggregate. Allows up to $10,000 deductible.
1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds.
3) If insurance is terminated for any reason, professional services contractor 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 or permit.

Rahimian 1
Fire Chief Scott Haberle
Huntington Beach Fire Department
2000 Main St
Huntington Beach, CA 92648
I was driven towards a career in emergency medicine with the purpose of caring for patients of any background, any age, anytime, anywhere. My experiences training in public health, health systems, Emergency Medicine, and Emergency Medical Services (EMS) set the foundation for my career as an Emergency Medicine and EMS Physician providing empathetic and compassionate clinical care, operationalizing EMS to tackle complex health problems populations face, and creating future change through medical direction, leadership, and interventions that may help improve all lives. As Chief Medical Officer for the Huntington Beach Fire Department (HBFD), my goal is to create a number of new programs that are significant for opioid remediation and compliant with Exhibit E of Opioid Settlement Funds, while working to ensure the highest quality patient care and reducing risk for the City, HBFD members, and patients.

My goal is to build a program that incorporates prevention and intervention for Opioid Use Disorder (OUD). This includes prevention curricula in schools, and intervention plans including naloxone training and naloxone distribution for vulnerable individuals who are under or uninsured that are utilizing opioids.

Additionally, this includes creating a program for medication assisted treatment (MA T) distribution and initiation of therapy for under or uninsured individuals experiencing OUD, MA T education for healthcare providers, EMTs, paramedics, law enforcement, and first responders, MA T treatment for women with OUD who may be pregnant or postpartum, expanding warm hand-off services to start MA T in Emergency Departments (ED) and hand-off services to recovery. MA T will be a key component for treatment that will help patients experiencing this chronic, relapsing illness eventually reach sobriety and return to a normal quality of life.

I have significant experience providing MA T in the ED as well as administration of MA T in the prehospital EMS setting to patients experiencing OUD. I created programs for OUD prevention, education, and treatment including MA T through Mobile Integrated Healthcare (MIH) with the Los Angeles Fire Department (LAFD). This included collaboration of care and creation of partnerships with the Mayor of Los Angeles, the Deputy Mayor of Los Angeles, the County of Los Angeles, including Los Angeles General Hospital, Harbor-UCLA Medical Center, Homeless Health Los Angeles, and other NGOs, medical groups, and governmental agencies. I created and reviewed the necessary protocols for MA T for paramedics, EMTs, and Advanced Practitioners to initiate buprenorphine MA T to patients experiencing OUD, collaborating with national partners to create a successful program. I have significant experience working in the prehospital and hospital setting working in multiple EDs as well as with the LAFD as an Emergency Medicine Attending Physician, providing direct medical care, including MA T, as well as direct and indirect medical oversight and direction, training EMTs, paramedics, advanced practitioners, nursing staff, resident physicians, physician fellows.

In addition to my experience with OUD and MA T program creation and management, I have operational, training, planning, CQI, and policy development experience working as an EMS Chief Medical Officer/Medical Director. I have provided HAZMA T guidance, including creating protocols for cyanide toxicity and treating toxicological emergencies in the prehospital and in-hospital settings. I have significant experience providing EMS training to paramedics and paramedic students, nurses, advanced practitioners, and physicians, teaching at the Los Angeles County Paramedic Training Institute for several years as well as providing field care audits through the Los Angeles General Hospital Base Station Office, and direct Rahimian 2
provider agency education and training with direct and indirect skills instruction and lectures, including at LAFD. This experience includes call review and education with EMS educators, firefighter/paramedics, firefighter/EMTs, advanced providers, and Fire and Marine Safety Command Staff and reviewing all incidents and documentation for cases with unusual or adverse patient outcomes or complaints related to EMS. I have a significant research background with almost 20 years of clinical research experience from UC Irvine, University of Arizona, University of Southern California, Kaiser Permanente, and LAFD and would be able to implement that at HBFD in improving the EMS program and quality of care. I have extensive experience with Quality Improvement (QI), starting at Kaiser Permanente, helping the Division of Women and Child’s Health earn the largest Patient Centered Outcomes Research Institute grant in their history to investigate women’s cancer care. I continued QI work at LAFD, includes providing data review and analysis to improve medical direction and oversight to the the Metropolitan Fire Communications Emergency Medical Dispatch Center, traditional EMT and paramedic 9-1-1 EMS response, and direct MIH QI oversight, with analysis and data driven policy decisions, including evaluating adherence by EMS staff to local EMS agency policies. Through residency, fellowship and with LAFD, I gained significant experience in creation of EMS policy, protocol, and procedure as well as coordination with Local EMS agencies in local optional scope of practice expansions. I have experience working as the FEMA Urban Search and Rescue Medical Team Manager and Medical Director for California Task Force 1 as well as experience working on Arizona Disaster Medical Assistance Team 1, which include on-scene medical duties with experience working within ICS medical groups and units. I have significant experience building and growing a mobile integrated health program working with LAFD to expand now one of the longest standing MIH programs in the United States. I have experience serving as a Department representative and liaison for fire based EMS working with Medical Directors, Administrators, and representatives from other EMS, City, County, State, Hospital, Nongovernmental Agencies to further goals and initiatives and will continue attending meetings for HBFD. I have worked closely with LAFD PIOs including at mass casualty events and preparing briefings for press conferences and public statements for the Fire Chief. As an emergency physician in good standing, I will be able to provide standing orders for vaccines and other treatments as well as oversee controlled substances in accordance with state and local laws. My experience working with LAFD and MIH has provided me with valuable experiences working to improve care for high utilizers of 911, senior patients, patients experiencing severe mental illness, substance use disorders, persons experiencing homelessness, incarcerated patients, and other special populations that I can apply to HB.

As the HBFD CMO, I will be able to perform all the duties required in the program development and optional scope of services required with significant background and experiences acquired over the course of my educational and professional career. I look forward to accomplishing significant projects and collaborations to establish HBFD as an innovative industry leader in EMS, providing the highest quality patient care.

Sincerely,
Amir Rombod Rahimian, MD, MPH
Amir Rombod Rahimian, M.D., Inc.

Emergency Medicine & Emergency Medical Services
19381 Sierra Perla Road
Irvine, CA, 92603

BUPRENORPHINE & OPIOID USE DISORDER
Opioid Use Disorder (OUD) is a chronic,
relapsing illness characterized by opioid use
leading to impairment or distress with
increased rates of death.

Buprenorphine is medicine for people with OUD. Buprenorphine reduces overdose risk, preventing overdose for 72 hours after each
dose. EMS can be first in to treat patients and
start pathways to recovery by prescribing
buprenorphine.

BUPRENORPHINE & OPIOID USE DISORDER
Policy Brief: Addressing Opioid Use Disorder (OUD) Through Enhanced Emergency Medical Services and Medication Assisted Treatment (MAT)
Overview
Opioid Use Disorder (OUD) represents a critical public health challenge in the United States, marked by significant rates of morbidity and mortality. Over 6.1 million individuals aged 12 and older are a ffected by OUD, with synthetic opioids, especially fentanyl, contributing to 73,838 deaths in 2022. In Orange County, opioids are a leading cause of substance abuse death. Huntington Beach has the third most opioid-related Emergency Department visits and opioid-related deaths in Orange County after Anaheim and Santa Ana.

Access to Medication Assisted Treatment (MAT) is relatively limited for vulnerable patients. Through the Huntington Beach Fire Department Mobile, prevention and treatment of OUD through education, naloxone distribution, and MAT through the creation of a Mobile Integrated Health Unit is possible with identi fication of patients experiencing overdose or withdrawal through 9-1-1.

Buprenorphine and Medication Assisted Treatment (MAT)
Buprenorphine, discovered in 1966, is a cornerstone therapy for OUD, e ffectively reducing withdrawal symptoms and cravings without causing euphoria. It is often combined with naloxone to prevent misuse.

Evidence supports the e fficacy of Buprenorphine in achieving treatment retention and opioid use cessation.

A study by Sigmon et al. (2013) reported an 82% abstinence rate from opioids post-MAT initiation.

Huntington Beach Fire Department Mobile Integrated Healthcare Unit (MIH) Creation The Huntington Beach Fire Department (HBFD), handles over 22,000 annual EMS calls, and faces unique challenges of limited EMS resources, long EMS patient transport times, hosts a high tourist volume and large high-profile events, high acuity EMS patient calls mixed with an aging population, patients with substance use disorder , and a growing homeless population. Building an Mobile Integrated Healthcare (MIH) system that hosts an Advanced Provider Response Unit (APRU) would provide a higher and comprehensive level of care beyond local EMS agency restriction to allow for seamless initiation of MAT and address further EMS challenges. The APRU would pair Physician Assistants with firefighter/paramedics to deliver immediate, in- field care, reducing unnecessary emergency department visits and optimizing EMS and healthcare resource utilization.

EMS and MAT Integration
EMS as the initial contact point for many OUD patients, presents a pivotal opportunity for intervention. A proposed protocol involves initiating MAT at the point of patient contact during opioid overdose or withdrawal incidents. The APRU, equipped with medical expertise, would assess, stabilize, and administer Buprenorphine, provide leave behind naloxone, followed by care coordination with public health resources for sustained treatment and support.

BUPRENORPHINE & OPIOID USE DISORDER
Field Buprenorphine Administration Protocol

1. Assessment and Stabilization: Upon a 9-1-1 call for opioid-related emergencies, APRU evaluates and stabilizes the patient.

2. MAT Candidate Identification: Patients 16 years or older are assessed for MAT suitability.

3. Buprenorphine Administration: Patients in withdrawal are consented and administered a dose of sublingual Buprenorphine and then are monitored for response.

4. Care Coordination: Stable patients are prescribed MAT, connected to services including local community and hospital system partners, and provided with naloxone and Buprenorphine prescriptions.

Funding Needs:
● Medications: Naloxone, buprenorphine, and other FDA-approved drugs for overdose reversal, MAT for uninsured individuals.
● Training & Community Education: Training EMT s, paramedics, nurses, physicians, law enforcement, schools, community groups, hospitals, and families on overdose reversal and MAT education. ● Personnel: Hiring and training sta ff for MAT education, support services, and field therapy, including nursing, social workers, advanced practitioners, and o ffice staff.

Patient Follow-up:
● Addiction Medicine Services: Offering further MAT, follow-up, and clinical care.

Program Evaluation Metrics:
● Overdoses attended
● Buprenorphine doses administered for withdrawal
● Narcan kits distributed
● MAT prescriptions written
● People referred to and followed up by community partners ● Patients leaving against medical advice
● Patients requiring hospital transport
● Impact on reducing repeat overdose events
Future Directions:
● Expansion of the APRU Program: Deliver MAT services city-wide, ensuring timely care for all 9-1-1 callers experiencing opioid overdose or withdrawal and expand program to treat and round on all patients.

Conclusion
The Huntington Beach Fire Department can implement a robust program and care services o ffering naloxone and MAT through EMS to help improve OUD in the City of Huntington Beach. This initiative aims to provide equitable care, reduce opioid-related deaths, and connect patients to long-term support, preserving their autonomy, respect, and dignity.

Compensation
Hourly Pay Rate
$160.00 per hour

FR1904336
FR1904336
04-30-2025
04-30-2025
$888
$888
2,2N,3,
3N,4,5
2,2N,3,
3N,4,5

PRACTITIONER

PRACTITIONER
08-04-2022
08-04-2022

RAHIMIAN, AMIR ROMBOD MD
1200 N STATE ST
LOS ANGELES, CA 900891001

RAHIMIAN, AMIR ROMBOD MD
1200 N STATE ST
LOS ANGELES, CA 900891001
FR1904336 04-30-2025 $888
2,2N,3,
3N,4,5
PRACTITIONER 08-04-2022

RAHIMIAN, AMIR ROMBOD MD
1200 N STATE ST
LOS ANGELES, CA 900891001
































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APPENDIX A
1 of 2

REQUEST FOR PROPOSAL
VE
DOR APPLICATIO
FORM
TYPE OF APPLICANT: F NEW F CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: ____________________________________________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ E-Mail Address: _________________________
Phone: ________________________ Fax: ________________________ Contact Person for Proposals: ______________________________________________________ Title:______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)

F NON PROFIT CORPORATION F FOR PROFIT CORPORATION Is your business: (check one)

F CORPORATION F LIMITED LIABILITY PARTNERSHIP

F INDIVIDUAL F SOLE PROPRIETORSHIP

F PARTNERSHIP F UNINCORPORATED ASSOCIATION
<HDU%XVLQHVVZDV(VWDEOLVKHG
BBBBBBBBBBBBBBBB2023
2 of 2

Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ Federal Tax Identification Number: __________________________________________ City of Huntington Beach Business License Number: _____________________________ (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: __________________________ 
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Amir Rombod Rahimian, M.D., Inc.
1501 N. Campbell Ave., PO Box 245057, Tucson, AZ, 85724 Al Fiorello, M.D. (520) 626-6312
afi[email protected]
2019-2023
Garrett Pacheco, M.D.
1501 N. Campbell Ave., PO Box 245057, Tucson, AZ, 85724 Garrett Pacheco, M.D. (520) 626-6312
[email protected]
2019-2023
Nick Stea, M.D.
1501 N. Campbell Ave., PO Box 245057, Tucson, AZ, 85724 Nick Stea, M.D. (520) 626-6312
[email protected]
2019-2023
Marc Cohen, M.D.

CITY HALL EAST, 200 N MAIN ST, RM. 1800, Los Angeles, CA 90012 Marc Cohen, M.D. (213) 978-3800
[email protected]
2023-
Captain Jacob Raabe
CITY HALL EAST, 200 N MAIN ST, RM. 1800, Los Angeles, CA 90012 Captain Jacob Raabe (213) 718-9348
[email protected]
2023-
Al Fiorello, M.D.

APPENDIX B
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EMD-7002-0720-NIC
Nautilus Insurance Company
An Arizona Corporation

EMERGENCY MEDICAL SERVICES MEDICAL DIRECTORS

PROFESSIONAL LIABILITY AND GENERAL LIABILITY

INSURANCE POLICY
This Policy consists of:
x Declarations Page
x Applicable Coverage Sections
x Endorsements
In Witness Whereof, we have caused this poli cy to be executed and attested, and, if required by state law, this policy sha ll not be valid unless countersigned by our authorized representative.

W. Robert Berkley, Jr.

President
Philip S. Welt
Secretary
Service Office: Administrative Office:
550 W Jackson Blvd, Suite 500 7233 East Butherus Drive
Chicago, IL 60661 Scottsdale, AZ 85260-2410
Toll Free (844) 465-6256 Telephone (480) 951-0905
Fax (312) 207-1933 Fax (480) 281-0910

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EMD 7000-0915-N Page 1 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

EMERGENCY MEDICAL SERVICES MEDICAL DIRECTORS

PROFESSIONAL LIABILITY AND GENERAL LIABILITY INSURANCE POLICY














































































 















 



Various provisions in the policy restrict coverage . Read the entire policy carefully to determine rights, duties and what is and is not covered.

The Limit of Liability available to pay Damage s shall be reduced and may be completely exhausted by payment of Claim Expenses. Please review the coverage afforded under this Policy carefully.

I. INSURING AGREEMENTS
In consideration of the payment of premium, in re liance upon the statements in the application for this Policy, and subject to the Limit of Liability, Exclusions, Conditions and other terms of this Policy, the Company agrees to provide coverage as follows:

A. Emergency Medical Services Medical Directors Professional Liability Coverage To pay on behalf of the Insured all Damages and Claim Expenses which the Insured shall become legally obligated to pay because of any Claim first made against the Insured during the Policy Period and reported to the Company in accordance with Section X. DUTY TO PROVIDE NOTICE of this Policy, based on any Wrongful Act arising from the rendering or failure to render Professional Services by the Insured, and provided that such Wrongful Act is committed:

1. during the Policy Period; or

2. prior to the Policy Period but after the Retroactive Date, if any; provided that prior to the effective date of the Policy Period:
a. the Insured had not given notice of such Wrongful Act to the insurer of any other policy in force prior to the effective date of this Policy; b. the Insured, on or prior to the effective date stated in Item 2 of the Declarations of this Policy, did not know nor could have reasonably foreseen that such Wrongful Act might be expected to be the basis of a Claim; and c. there are no prior or other policies which provide insurance for such Claim, unless the available limits of liability of such prior policy or policies are insufficient to pay such Claim, in which event this Policy will be specific excess over any such prior or other coverage but only to the extent coverage is provided by this Policy.

B. Emergency Medical Services Medical Directors General Liability Coverage To pay on behalf of the Insured all Damages and Claim Expenses which the Insured shall become legally obligated to pay because of any Claim first made against the Insured during the Policy Period and reported to the Company in accordance with Section X. DUTY TO PROVIDE NOTICE of this Policy, for Personal Injury or Property Damage caused by an Occurrence, and provided that:

1. the Occurrence takes place after the Retroactive Date, if any; and

2. the Insured, on or prior to the effective date stated in Item 2 of the Declarations of this Policy, did not know of such Occurrence, nor could have reasonably foreseen that such Occurrence, circumstance, situation or incident mi ght be expected to be the basis of a Claim under this Policy.






 



EMD 7000-0915-N Page 2 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

C. Defense and Settlement
The Company shall have the right and duty to defend, subject to the Limit of Liability, any Claim against the Insured seeking Damages which are payable under the terms of this Policy, even if the allegations of the Claim are groundless, false or fraudulent. However, the Company shall have no duty to defend the Insured against any Claim seeking Damages for loss or injury to which this Policy does not apply. The Company shall have the right to select and assign defense counsel. The Insured may engage additional counsel, solely at the Insured’s expense, to associate in the defense of any Claim. The Company shall also have the right to investigate any Claim and/or to negotiate the settlement th ereof, as it deems expedient, but the Company shall not commit the Insured to any settlement without the Insured’s written consent.

It is agreed that the Limit of Liability available to pay Damages shall be reduced and may be completely exhausted by payment of Claim Expenses.

The Company shall have the right to make any investigation they deem necessary, including, without limitation, any investigation with respect to the application, and statements made in the application.

It is further provided that the Company shall not be obligated to pay any Damages or Claim Expenses, or to undertake or continue defense of any Claim, Suit or proceeding after the applicable limit of the Company’s liability has been exhausted by the payment of Damages or Claim Expenses or after deposit of the applicable policy limit in a court of competent jurisdiction Upon such exhaustion of the Limit of Liability, the Company shall have the right to withdraw from the further defense thereof by tendering control of the defense to the Insured.

Notwithstanding the foregoing, the Company has the sole right to settle any Claim under any of the following circumstances:

1. the settlement amount is within any Deductible amount, if applicable;

2. the Insured is deceased or adjudicated incompetent;

3. the Claim was reported to the Company during an Extended Reporting Period;

4. a judgment has been entered;

5. the Insured’s
license to practice medicine is suspended, revoked, surrendered, inactive or otherwise has been terminated; or

6. if, after reasonable efforts by the Company, the Insured cannot be located.

The Company may appeal any judgment against the Insured for any Claim covered by this Policy at its sole discretion.

As a condition precedent to issuance of this Policy, the Insured consents to the Company’s reporting any Claim settlement, including factual details, to the National Practitioner’s Data Bank or to any other professional or state agency pursuant to law or regulation.

II. Who is Insured
Each of the following is an Insured under this Policy to the extent set forth below:

A. if the Named Insured designated in Item 1 of the Declarations is an individual, the person so designated but only with respect to Professional Services in the capacity as an Emergency Medical Service Medical Director;
B. if the Named Insured designated in Item 1 of the Declarations is a Corporation, Partnership, Limited Liability Corporation, Limited Liability Partnership, or other organization:

1. the entity so designated; and

2. any Emergency Medical Service Medical Director of such entity; and

3. any employee of the Named Insured;
but only with respect to Professional Services;






 



EMD 7000-0915-N Page 3 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

C. any professional serving as a temporary re placement or substitute for a natural person Insured (“locum tenens”), but solely while such person is acting within their duties for, and on behalf of, the Named Insured . During the terms of such replacement (not to exceed 60 days per Policy Period ), the person who is replaced by, or substituted for, shall not be an Insured under this Policy;
D. any person or organization for whom the Named Insured is rendering Professional Services to the extent that the Named Insured and such person or organization have agreed in a written contract or written agreem ent that such person or organization is an Additional Insured on this Policy. Such person or organization is an Additional Insured only with respect to Wrongful Acts arising from the rendering of Professional Services by the Named Insured. In no event shall the acts, errors or omissions of the Additional Insured be covered by this Policy. A person or organizations’ status as an A dditional Insured ends when the Insured’s contract or agreement with the Additional Insured has ceased;
E. the estate, heirs, executors, administrato rs, assigns and legal representatives of any Insured person in the event of such Insured’s death, incapacity, insolvency or bankruptcy, but only to the extent that such Insured would otherwise be provided coverage under this Policy.

III. COVERAGE TERRITORY
This Policy applies to any Wrongful Act or Occurrence which take place anywhere in the world provided that the Claim is first made against the Insured within the United States of America, its territories or possessions or Canada during the Policy Period or Extended Reporting Period when purchased in accordance with Section VIII. EXTENDED REPORTING PERIOD of this Policy.

IV. SUPPLEMENTARY PAYMENTS
In addition to t he applicable Limits of Liability, the following supplementary payments shall be provided by this Policy. However, these supplementary payments end when the Company has exhausted the applicable Limit of Liability stated in Item 3 of the Declarations.

A. The Company will pay up to $500 for loss of earnings to each Insured for each day or part of a day of such Insured’s attendance, at the Company’s written request, at a trial, deposition, hearing, mediation or arbitration proceeding involving a Claim against such Insured for Damages, but the amount so payable with respect to any Claim shall not exceed $5,000 for all Insureds.

B. The Company will pay up to $5,000 per Policy Period for each Insured, not to exceed $10,000 as to all Insureds per Policy Period, for reim bursement of attorney’s fees and other costs, expenses or fees resulting from the investigation or defense of a Disciplinary Proceeding; provided: notice of such Disciplinary Proceeding is both first received by the Insured and reported in writing to the Company during the Policy Period or the Extended Reporting Period , and such Disciplinary Proceeding arises out of Wrongful Acts committed by the Insured subsequent to the Retroactive Date, if any.

C. The Company will pay up to $5,000 per Policy Period for attorney fees charged by an attorney designated by the Company to prepare the Insured for deposition provided:

1. the Insured receives a subpoena during the Policy Period for documents or testimony arising out of Professional Services; and

2. the Insured provides the Company with a copy of the subpoena; and

3. the subpoena arises out of a lawsuit to which the Insured is not a party; and

4. the Insured has not been engaged to provide advice or testimony in connection with the lawsuit, nor has the Insured provided such advice or testimony in the past.

Any notice the Insured provides the Company of such subpoena shall be deemed notification of a potential Claim under X. DUTY TO PROVIDE NOTICE. 





 



EMD 7000-0915-N Page 4 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

V. EXCLUSIONS
With respect to both Coverages A and B:

The coverage under this Policy does not apply to Damages or Claim Expenses incurred with respect to any Claim:

1. based upon or arising out of any obligation for which the Insured or any carrier as the insurer may be held liable under any workers’ compensation, unemploym ent compensation or disability benefits law, or under any similar law, including but not limited to the Employee Retirement Income Security Act of 1974, and any amendments thereto;

2. based upon or arising out of Personal Injury to any employee of the Named Insured arising out of and in the course of their employment with the Named Insured or to any obligation of the Insured to indemnify another because of Damages arising out of such injury;

3. based on or arising out of the actual or alle ged failure to effect or maintain any insurance or bond;

4. for which any Insured is also protected under a nuclear energy liability insurance policy or would have been protected under such a policy if that policy’s limits o f coverage had not been used up;

5. that results from the Hazardous Property of Nuclear Material and for which:
a. any Insured is required by law to maintain financial protection in accordance with the Federal Atomic Energy Act, or any of its amendments; or b. any Insured is entitled, or would have been entitled had this Policy not been issued, to indemnity from the United Stat es government, or any of its agencies, under any contract or agreement between the government, or any of its agencies;

6. based upon or arising out of the actual, a lleged or threatened discharge, dispersal, seepage, migration, release or escape of Pollutants at any time;

7. based upon or arising out of:
a. any request, demand or order that any Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutra lize, or in any way respond to, or assess the effects of Pollutants; or
b. any Claim by or on behalf of a governmental authority for Damages because of testing for, monitoring, cleaning up, remo ving, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of Pollutants.

8. based on or arising out of actual or alleged liability assumed by the Insured under any contract or agreement, including but not lim ited to breach of contract, other than a contract for services as an Emergency Medical Service Medical Director with a Contracting Entity;

9. based on or arising out of or alleging in whole or in part Physical or Sexual Abuse. This exclusion applies regardless of the legal theory or basis upon which the Insured is alleged to be legally liable or resp onsible in whole or in part for any Damages arising out of Physical or Sexual Abuse , including but not limited to assertions of improper or negligent hiring, employment or supervision, failure to protect or warn the other party, failure to prevent the Physical or Sexual Abuse , failure to prevent assault and battery, or failure to discharge an employee of the Named Insured or the Contracting Entity; However, notwithstanding the foregoing exclusion, the Insured shall be entitled to a defense as provided under the terms of this Policy as to any Claim upon which a Suit is brought for any such alleged behavior, unless a judgment or final adjudication adverse to the Insured, or an admission by the Insured shall establish that such behavior caused, in whole or in part, the injury claimed in such Claim. The Company shall not be required to appeal a judgment or final adjudication adverse to the Insured; 





 



EMD 7000-0915-N Page 5 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

10. based on or arising out of any circumstance for which the Insured or it’s insurer may be held liable under the National Labor Relation s Act of 1938 (NRLA), the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the Occupational Safety and Health Act (OSHA), The Worker Adjustment and Retraining Notification Act (WARN), Social Security, any workers’ compensation, unemployment compensation or disability benefits law or under any similar law; provided , however, this exclusion shall not apply to any Claim based upon or arising from or in consequence of any actual or alleged retaliatory treatment of the claimant by the Insured on account of the claim ant’s exercise of rights under such law.

With respect to Coverage A:

The coverage under this Policy does not apply to Damages or Claim Expenses incurred with respect to any Claim:

1. based on or arising out of any actual or alleged criminal, dishonest, fraudulent or malicious act, error or omission, committed with actual, criminal, dishonest, fraudulent or malicious purpose or intent by or at the direction of any Insured. However, notwithstanding the foregoing, the insurance afforded by this Policy shall apply to Claim Expenses incurred in defending any Suit alleging such conduct until, by trial verdict, court ruling, regulatory ruling or legal admission, the Insured is found to have engaged in such conduct.

2. made by or on behalf of:
a. one Insured under this Policy against another Insured under this Policy; b. any entity which is controlled, managed or operated by an Insured; c. any entity in which an Insured’s spouse or domestic pa rtner has an ownership interest in excess of 10%; or
d. any entity which wholly or partly owns, operates or manages an Insured.

3. based on or arising out of any actual or alleged express warranties or guarantees;

4. based on or arising ou t of actual or alleged Bodily Injury to employees of the Insured or the Contracting Entity in the course and scope of their employment, or while they perform duties related to the Insured’s Professional Services; including any obligations the Insured may have to share Damages with, or repay another party who must pay Damages because of the Bodily Injury;

5. brought by the spouse, child, parent, brother or sister of any employee of the Insured or the Contracting Entity as a result of Bodily Injury to such employee, regardless of whether the Insured may be liable as an employer or in any other capacity;

6. based on or arising out of the owner ship, operation, maintenance or use of:
a. any sanitarium, hospital or medical center;
b. any clinic with bed care facilities;
c. any laboratory; or
d. any other business not designated as an Insured under this Policy;

7. based on or arising out of the actual or alle ged rendering or failure to render any practice or procedure for which the Insured is not licensed or authorized to perform under the business and professions laws of the state in which the practice or procedure is rendered or to be rendered;

8. based upon or arising out of lockout, strike, pi cket line, related worker replacement(s) or other similar actions resulting from labor disputes or labor negotiations, provided, however, this exclusion shall not apply to any Claim based upon or arising out of Professional Services, including an error or omission in the oversight training or preparedness of others for whom the Insured is legally responsible; 





 



EMD 7000-0915-N Page 6 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

9. based on or arising out of Bodily Injury or Personal Injury to any person arising out of the provision of medical services by the Insured, except when arising out of direct patient care provided within the scope of Professional Services.

With respect to Coverage B:

The coverage under this Policy does not apply to Damages or Claim Expenses incurred with respect to any Claim:

1. based on or arising out of Property Damage to premises alienated by the Named Insured arising out of such premises or any part thereof;

2. based on or arising out of loss of use of tangible property which has not been physically injured or destroyed resulting from:
a. a delay in or lack of performance by or on behalf of the Named Insured of any contract or agreement; or
b. the failure work performed by or on behalf of the Insured to meet the level of performance, quality, fitness or dura bility warranted or represented by the Insured;

3. based on or arising out of Bodily Injury, Personal Injury or Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading of:
a. any automobile, aircraft or watercraft ow ned or operated by or rented or loaned to any Insured; and
b. any other automobile, aircraft or watercraft operated by any person in the course of his employment by an Insured;
provided, however, this exclusion does not ap ply to the parking of any automobile on premises owned by, rented to or controlled by the Named Insured or the ways immediately adjoining, if such automobile is not owned or rented or loaned to any Insured, and this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the Named Insured;

4. based upon or arising out of Property Damage to:
a. property owned or occupied or rented to the Insured; b. property used by the Insured; or
c. property in the care, custody or control of the Insured or as to which the Insured is for any purpose exercising physical control;
provided, however, parts b. and c. of this exclusion do not apply with respect to liability under a written side-track agre ement and part c. of this ex clusion does not apply with respect to Property Damage (other than to Elevators) arising out of the use of an Elevator at premises owned by, rented to or controlled by the Named Insured;

5. based upon or arising out of Bodily Injury , Personal Injury or Property Damage for which the Insured or his indemnitee may be held liable:
a. as a person or organization enga ged in the business of manufacturing, distributing, selling or serving alcoholic beverages; or b. if not so engaged, as an owner or less or of premises used for such purposes, if such liability is imposed by, or because of the violation of any statute, ordinance or regulation pertaining to the sale, gi ft, distribution or use of any alcoholic beverage;

6. based on or arising out of Bodily Injury, Personal Injury or Property Damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoin g with respect to liability assumed by the Insured under an incidental contract;

7. based upon or arising out of Aircraft Products including consequential loss of use thereof resulting from Grounding;






 



EMD 7000-0915-N Page 7 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

8. based upon or arising out of Bodily Injury , Personal Injury or Property Damage expected or intended from the standpoint of the Insured; however, this exclusion does not apply to Bodily Injury, Personal Injury resulting from the use of reasonable force to protect persons or property;

9. based upon or arising out of Personal Injury in the course of or related to advertising or telecasting activities conducted by or on behalf of the Named Insured;

10. based on or arising out of Bodily Injury or Personal Injury to any person arising out of the provision of medical services by the Insured.

VI. DEFINITIONS
Whenever printed in boldface type, and whether in the si ngular or plural form in this Policy, including endorsements forming a part hereto, the following terms shall have the meanings indicated below.

A. Aircraft Products means, whenever used in this Policy, any aircraft whether or not heavier than air (including spacecraft an d missiles) and any ground support, guidance, control or communications equipment used in connection therewith, and also includes parts, supplies or equipment installed in or on or used in connection with aircraft, including tools, training aids, instructio ns, manuals, blueprints and other data, engineering and other advice, services and labor used in the operation, maintenance or manufacture of Aircraft Products.

B. Alternative Dispute Resolution means arbitration, mediation, or other form of alternative dispute resolution.

C. Bodily Injury means bodily harm, sickness or disease. It includes required care, loss of services and death that results from such harm, sickness or disease.

D. Claim means:

1. a demand or an oral or written notice received by the Insured from any party that it is their intention to hold the Insured responsible for any Wrongful Act or Occurrence to which this this Policy applies;

2. the Insured’s knowledge of circumstances which could reasonably be expected to give rise to a Suit or demand against the Insured for a Wrongful Act;

3. service of suit and the institution of other Alternative Dispute Resolution proceedings; and

4. any Suit.

Claim shall not include a Disciplinary Proceeding.

E. Claim Expenses means:

1. fees charged by an attorney, arbitrator or mediator designated by the Company, and all other fees, costs, and expenses resulting from the investigation, adjustment and defense of a Claim or potential Claim, if incurred by the Company, or by the Insured with the Company’s prior written consent;

2. all costs taxed against an Insured with respect to a covered Claim, and interest on the covered portion of any judgment which accrues after entry of judgment and before the Company has paid or tendered or deposited, whether in court or otherwise; and

3. premiums on appeal bonds and on bonds to release attachments with respect to covered Claims, but not for bond amounts in excess of the applicable Limits of Insurance or portions of any judgments not covered by this Policy. The Company shall have no obligation to collateralize or furnish any bond.

Claim Expenses do not include salaries of the Company’s personnel.

F. Company means the entity issuing this Policy as listed on the Declarations Page. 





 



EMD 7000-0915-N Page 8 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

G. Contracting Entity means an entity, organization or agency listed in the application on file with the Company for this Policy Period which is party to a written contract with the Named Insured for the performance of Professional Services.

H. Cyber Attack means the unauthorized transmission of false or fraudulent data with the intent to destroy, damage, modify, disseminate or delete personal employee information maintained by the Insured on a computer or portable elec tronic device for the purposes of providing Professional Services.

I. Damages means a compensatory monetary judgment, award or settlement which an Insured is legally obligated to pay for any Claim to which this Policy applies. Damages does not include:

1. punitive or exemplary Damages, sanctions, fines or penalties assessed against any Insured or the multiplied portion of a multiplied damage award;

2. fees, expenses or other consideration paid or owed an Insured; or

3. amounts which may be deemed uninsurabl e under the law pursuant to which this Policy shall be construed.

J. Discrimination means the unlawful treatment of any person based on their race, color, religion, age, sex, sexual orientation or preference, marital status, pregnancy national origin, or any physical or mental impairment that substantially limits one or more of a person’s major life acti vities. Physical or mental impairment does not include an impairment that is the result of the use of alcohol or illegal drugs.

K. Disciplinary Proceeding means any proceeding brought against the Insured by a State or other regulatory or disciplinary official or agency to investigate charges alleging professional misconduct in performing Professional Services.

L. Extended Reporting Period , means the period of time after the end of the Policy Period for reporting a Claim that is first made against the Insured arising from an Occurrence or Wrongful Act that fully occurred after the Retroactive Date and prior to the end of the Policy Period, and which is otherwise covered by this Policy.

M. Grounding means, whenever used in this Policy, the withdrawal of one or more aircraft from flight operations or he imposition of sp eed, passenger or load restrictions on such aircraft because of the existence of or allege d existence of a defect, fault or condition in any Aircraft Product.

N. Hazardous Properties include radioactive, toxic or explosive properties.

O. Insured means any person or organization qualifying as an Insured in Section II. Who is Insured of this Policy. The insurance afforded applies separately to each Insured against whom a Claim is made or Suit is brought, subject to the Company’s Limit of Liability.

P. Named Insured means the individual or entity designated in Item 1 of the Declarations.

Q. Nuclear Material means any of the following materials which are defined in the federal Atomic Energy Act, or any of its amendments:

1. source material;

2. special Nuclear Material; or

3. by-product material.

R. Occurrence means an accident, including cont inuous or repeated exposure to substantially the same general harmful condition, which results in Personal Injury or Property Damage sustained after the Retroactive Date stated in Item 4 of the Declarations.






 



EMD 7000-0915-N Page 9 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

S. Personal Injury means injury, including consequential Bodily Injury arising out of one or more of the following offenses:

1. false arrest, detention or imprisonment, wrongful entry or eviction, or other invasion of private occupancy, or malicious prosecution or humiliation, except when maliciously inflicted by, at the direction of, or with the consent or acquiescence of the Insured;

2. the publication or utterance of libel, slander or other defamatory or disparaging material, or a publication or utterance in violation of an individual’s right to privacy alleged to have been made by or at the direction of and with such Insured’s knowledge of the falsity thereof; or

3. injury occurring in the course of the Insured’s advertising activities, including but not limited to infringement of copyrigh t, title, slogan, patent, trademark, trade dress, trade name, service mark or service number.

T. Physical or Sexual Abuse means:

1. physical assault, abuse, molestation, or intentional neglect, or licentious, immoral, amoral or other behavior that was committed or alleged to have been committed by the Insured or by any person for whom the Insured is legally responsible; and/or

2. sexual assault, abuse, molestation or licentious, immoral, amoral or other behavior which was threatened, intended to lead to or culminated in any sexual act whether committed intentionally, negligently, inadvertently or with the belief, erroneous or otherwise, that the other party is consenting and has the legal and mental capacity to consent thereto, that was committed, or alleged to have been committed by the Insured or by any person for whom the Insured is legally responsible.

U. Policy Period means the period of time stated in Item 2 of the Declarations as Policy Period, or, if the Policy is terminated before the end of that period, then the period of time beginning with the effective date of this Polic y as stated in the Declarations and ending with such earlier termination date.

V. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

W. Professional Services means consulting services, guidance, leadership, oversight, training, quality assurance services and direct patient care incidental to the services performed by the Insured in their capacity as an Emergency Medical Services Medical Director pursuant to an agreement with a Contracting Entity for a fee, remuneration or other consideration.

X. Property Damage means physical injury to or destruction of tangible property, including consequential loss of use thereof, or loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence.

Y. Related Wrongful Acts means Wrongful Acts which are the same as, related or continuous or that are logically or causally connected by reason of any common fact, circumstance, situation, transaction, casualty, event or decision.

Z. Retroactive Date
means the date specified in Item 4 of the Declarations.

AA. Sexual Harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

1. submission to such conduct is made, either explicitly or implicitly, a term and condition of an individual’s employment;

2. submission to, and rejection of, su ch conduct is used as the basis for employment decisions affecting such individual; or






 



EMD 7000-0915-N Page 10 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

BB. Suit means a civil proceeding in which Damages because of injury to which this Policy applies are alleged. Suit includes an Alternative Dispute Resolution proceeding in which such Damages are claimed and to which an Insured submits with the Company’s written consent.

CC. Wrongful Act means:

1. any actual or alleged act, er ror or omission committed by the Insured in the performance of, or failure to perform, Professional Services;

2. any actual or alleged act, error, omission , neglect or breach of duty committed by the Insured in the performance of or failure to perform Professional Services while off duty, provided such services are within the scope of the Insured’s duties as an Emergency Medical Services Medical Director as prescribed by State Law or Licensing/Certifying authorities;

3. any actual or alleged wrongful termination committed by the Insured, whether actual or constructive, of an employee of a Contracting Entity ; but only in the performance of Professional Services;

4. any actual or alleged Discrimination committed by the Insured; but only in the performance of Professional Services;

5. any actual or alleged Sexual Harassment of an employee of a Contracting Entity committed by the Insured; but only in the performance of Professional Services;

6. any actual or alleged Personal Injury committed by the Insured in the performance of Professional Services;

7. any actual or alleged retaliatory treatment committed by the Insured against an employee of a Contracting Entity as a result of such employee’s exercise of rights under the law, but only in the performance of Professional Services;

8. any actual or alleged breach of privacy of an employee of a Contracting Entity resulting from the theft of personal data maintained electronically by the Named Insured for the purposes of performing Professional Services; or

9. any actual or alleged liability of the Insured for libel or slander of an employee of a Contracting Entity resulting from a Cyber Attack.

VII. LIMIT OF LIABILITY
A. Emergency Medical Services Medical Directors Error and Omissions Coverage – Each Claim Limit
The Limit of Liability stated in Item 3 A of the Declarations is the limit of the Company's liability for all Damages and Claim Expenses arising out of each Claim arising from any Wrongful Act in the rendering or failure to render Professional Services by the Insured.

B. Emergency Medical Services Medical Directors General Liability Coverage – Each Occurrence
The Limit of Liability stated in Item 3 B of the Declarations is the limit of the Company's liability for all Damages and Claim Expenses for each Claim arising from any Occurrence to which this Policy applies.

C. Policy Aggregate
The Limit of Liability stated in Item 3 C of the Declarations is the total limit of the Company’s liability for all Damages and Claim Expenses arising out of all Claims covered by this Policy. 





 



EMD 7000-0915-N Page 11 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

D. Multiple Insureds, Claims and Claimants
The inclusion herein of more than one Insured or the making of Claims or the bringing of Suits by more than one person or organization shall not operate to increase the Company’s Limit of Liability.

E. Related Claims
All Claims based upon or arising out of the same Wrongful Act or any Related Wrongful Acts, or one or more series of any similar, repeated or continuous Wrongful Acts or Related Wrongful Acts , shall be considered a single Claim. Each Claim shall be deemed to be first made at the earliest of the following times:

1. when the earliest Claim arising out of such Wrongful Act or Related Wrongful Acts was first made; or

2. when notice pursuant to section VII. B. above of a fact, circumstance or situation giving rise to such Claim is given.

With respect to Coverage B, two or more Claims arising out of a single Occurrence shall be treated as a single Claim, regardless of when such Claims are made. All such Claims, shall be considered first made on the date on which the earliest Claim arising out of such Occurrence was first made against the Insured, and all such Claims shall be subject to the same Limit of Liability.

F. Other Insurance
If any Insured is afforded coverage for a Claim under two or more policies of professional or general liability insurance issued by the Company, the Company shall not be liable under this Policy for a greater proportion of Damages and Claim Expenses than the Limit of Liability of this Policy bear to the total limits of all applicable insurance policies, and the Company’s total liability as to such Claim shall not exceed the Limit of Liability of the policy which has the highest applicable Limit of Liability.

VIII. EXTENDED REPORTING PERIOD
The Limit of Liability for the Extended Reporting Period shall be part of, and not in addition to the Limits of Liability of the Company for the Policy Period.

The right to an Extended Reporting Period shall not be available to the Insured: where cancellation or non-renewal by the Company is due to non-payment of premium or failure of an Insured to pay such amounts in excess of the applicable Limit of Liability, or the Insured’s license to practice his or her profession has been revoked, suspended or surrendered at the request of any disciplinary or regulatory authority for reasons other than the Insured becoming totally and permanently disabled.

All notices and premium payments with respect to the Extended Reporting Period shall be directed to the Company through the entity named in the Policyholder Notice attached to this Policy.

At the commencement of the Extended Reporting Period the entire premium shall be deemed earned, and in the event the Insured terminates the Extended Reporting Period for any reason prior to its natural expiration, the Company will not be liable to return any premium paid for the Extended Reporting Period.

A. Automatic Extended Reporting Period
In case of cancellation or non-renewal of this Policy by the Named Insured or the Company for any reason (except for non-payment of premium), an automatic sixty (60) day Extended Reporting Period effective at the termination of this Policy will be provided by the Company at no additional cost, unless this Policy is replaced with the same or similar insurance issued by the Company or any other Company, whether or not the limits are identical to those provided under this Policy.






 



EMD 7000-0915-N Page 12 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

B. Optional Extended Reporting Period
In the event of cancellation or non-renewal of this Policy by the Company, the Named Insured shall have the right, upon payment of the premium set forth below, to purchase an Extended Reporting Period .

In order for the Named Insured to exercise this option, the payment of the premium for the Extended Reporting Period must be paid to Company, in full, within sixty (60) days of the non- renewal or cancellation. The Extended Reporting Period Endorsement is subject to the following additional premium:

1. 100% of the full annual premium for this Policy for a twelve (12) month period;

2. 150% of the full annual premium for this Policy for a twenty-four (24) month period;

3. 185% of the full annual premium for this Policy for a thirty-six (36) month period;

4. 210% of the full annual premium for this Policy for a forty-eight (48) month period; or

5. 225% of the full annual premium for this Policy for a sixty (60) month period.

C. Death or Disability of the Insured
If the Named Insured designated in Item 1 of the Declarations is an individual, the Named Insured shall have the right, to elect an Extended Reporting Period without additional charge for an unlimited period of time following the effe ctive date of cancellation or non-renewal of the Policy, provided that:

1. such cancellation or non-renewal results from the Insured’s death or disability during the Policy Period;

2. the Insured is totally and permanently disabled fo r a minimum of six (6) months prior to the election of this option;

3. satisfactory written evidence of de ath or disability is provided to the Company within one (1) year of such death or disability;

4. all premiums and any Deductible due the Company have been paid in full; and

5. written notice of this election is received by the Company or its authorized agent, from the Insured or the Insured’s legal representative within sixty (60) days after the effective date of such cancellation or non-renewal.

D. Retirement
If the Named Insured designated in Item 1 of the Declara tions is an individual, and such Named Insured retires from the practice of Professional Services during the Policy Period and has been Insured by an Emergency Medical Services Medica l Directors Professional Liability and General Liability policy issued by the Company for five (5) consecutive years, the Company will provide the Insured an Extended Reporting Period
of unlimited duration without additional
charge.

The Insured will be deemed to have retired from Professional Services if, and only if, the Insured has ceased providing Professional Services . The rendering of consulting services, guidance, leadership, oversight, training, quality assurance services and direct patient care; performed by the Named Insured for others, either in an emergency situation requiring immediate intervention or occasionally on a volu ntary or charitable basis will not terminate the Extended Reporting Period if the Insured does not receive compensation for such services, other than compensation for the reimbursement of expenses incurred in rendering such services.

IX. OTHER INSURANCE
This Policy shall apply in excess of any other valid and collectible insurance available to any Insured, unless such other insurance is written only as specific excess insurance over the Limit of Liability of this Policy.






 



EMD 7000-0915-N Page 13 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

X. DUTY TO PROVIDE NOTICE
It is a condition precedent to cove rage under this Policy that all Claims be reported to the Company in compliance with this section of the policy.

A. If any Claim is made against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by them or their representative.

B. If during the Policy Period the Insured first becomes aware of any Claim or Occurrence, the Insured must give written notice to the Company during the Policy Period, as soon as practicable, but in no event later than 90 days after the expiration of the Policy Period
C. If during the Policy Period the Insured first becomes aware of any fact, circumstance or situation which may reasonably be expected to give rise to a Claim being made against any Insured, the Insured may give written notice to the Insurer, as soon as practicable (but prior to the expiration of or cancellation of this Policy), of:

1. the specific Wrongful Act or Occurrence; and

2. the injury or damage which may result or has resulted from the Wrongful Act or Occurrence; and

3. how the Insured first became aware of the Wrongful Act or Occurrence.

Any subsequent Claim made against the Insured which is the subject of the written notice shall be deemed to have been made at the time written notice was first given to the Company.

C. A Claim shall be considered to be reported to the Company when notice of the Claim is first received by Company.

D. In the event of non-renewal of this Policy by the Company, the Insured shall have sixty (60) days from the expiration date of the Policy Period to notify the Company of Claims made against the
Insured during the Policy Period which arise out of any Wrongful Act or Occurrence which took place prior to the termination date of the Policy Period and otherwise covered by this Policy.

E. If any Insured makes a Claim under this Policy knowing such Claim is false or fraudulent, this Policy shall be rendered null and void.

XI. ASSISTANCE AND COOPERATION OF THE INSURED
The Insured shall cooperate with the Company in all investigations, including investigations regarding the application and coverage under this Policy and, upon the Company's request, assist in making settlements, in the conduct of Suits and in enforcing any ri ght of contribution or indemnity against any person or organiza tion other than an employee of any Insured who may be liable to the Insured because of a Wrongful Act or Occurrence, with respect to which insurance is afforded under this Policy. The Insured shall attend hearings an d trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not, except at its own cost, admit liability, make any payment, assume any obligation, incur any expense, enter into any settlement, stipulate to any judgment or award or otherwise dispose of any Claim without the consent of the Company.

XII. ACTION AGAINST THE COMPANY
No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all terms of this Policy, nor until the amount of the Insured’s obligation to pay shall have been finally determined either by judgment or award against the Insured after actual trial or arbitration or by written agreement of the Insured, the claimant and the Company.






 



EMD 7000-0915-N Page 14 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

Any person or organization or the legal representative thereof who has secured such judgment, award or written agreement shall thereafter be entitled to make a Claim under this Policy to the extent of the insurance afforded by this Policy. No person or organization shall have any right under this Policy to join the Company as a party to an action or other proceeding against the Insured to determine the Insured’s liability, nor shall the Company be impleaded by the Insured or the Insured’s legal representative. Bankruptcy or insolvency of the Insured or of the Insured’s estate shall not relieve the Company of any of their obligations hereunder.

XIII. SUBROGATION
In the event of any payment under this Policy, the Company shall be subrogated to all the Insured’s rights of recovery against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after the payment of Damages by the Company to prejudice such rights.

Any sums recovered through subrogation shall be apportioned as follows:

1. first, to repayment of the Company’s expenses incurred toward subrogation;

2. second, to Damages and Claim Expenses paid by the Company;

3. third, to Damages and Claim Expenses paid by the Insured in excess of any Deductible;

4. fourth, to Damages and Claim Expenses paid by any excess or other insurer on behalf of the Insured; and

5. last, to repayment of any Deductible.

XIV. CHANGES
Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by endorsement issued to form a part of this Policy, signed by the Company.

XV. ASSIGNMENT
The interest hereunder of any Insured is not assignable. If the Insured shall die or be adjudged incompetent, this Policy shall cover the Insureds legal representative as the Insured with respect to liability previously incurred and covered by this Policy.

XVI. NONRENEWAL
Any notice of non-renewal will be mailed to the Named Insured by first class, registered or certified mail at the last mailing address known to the Company at least sixty (60) days before the end of the Policy Period. Proof of mailing will be sufficient proof of notice.

XVII. DECLARATIONS AND APPLICATIONS
By acceptance of this Policy, all Insureds agree that the statements in the Declarations and all applications are their agreements and representation s, and that this Policy is issued in reliance upon the truth of such representations and that this Policy embodies all agreements existing between the Insured and the Company or any of its agents relating to this Policy. 





 


EMD 7000-0915-N Page 15 of 15
The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage.

XVIII. CANCELLATION
A. This Policy may be cancelled by the Named Insured by surrender thereof to the Company or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. This Policy may be cancelled by the Company by mailing to the Named Insured at the address stated in Item 1 of the Declarations written notice stating when, but not less than 60 days thereafter, such cancellation shall be effective.

However, if the Company cancels this Policy because the Named Insured has failed to pay a premium when due, this Policy may be cancelled by the Company by mailing written notice of cancellation to the “Named Insured ’ at the address stated in the Declarations stating when, but not less than 10 days thereafter, such cancellation shall be effective. The mailing of notice as afor esaid shall be sufficient proof of notice. The time of surrender or the effect ive date and hour of cancellation stated in the notice shall become the end of the Policy Period. Delivery (where permitted by law) of such written notice either by the Named Insured or by the Company shall be equivalent to mailing.

B. If the Named Insured cancels this Policy, earned premium shall be computed in accordance with the short rate table and procedure. If the Company cancels this Policy, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation.

XIX. CONFORMITY TO STATUTE
Notwithstanding anything contained herein to the contrary, in the event that any terms or conditions of this Policy conflict with any law ap plicable to the coverage afforded hereunder, the terms of this Policy shall be deemed amended to conform to such law or laws.

XX. LIBERALIZATION
If the Company adopts any revision that would broade n the coverage under the policy without additional premium at any time during the Policy Period , the broadened coverage will immediately apply to this Policy.

XXI. BANKRUPTCY OR INSOLVENCY OF INSURED
Bankruptcy or insolvency of the Insured or of the Insured’s estate shall not relieve the Company of any of its obligations under this Policy.

XXII. ENTIRE CONTRACT
By acceptance of this Policy the Insureds agrees that the statements in the Declarations and application are the Insureds’ agreements and representations, that this Policy is issued in reliance upon the truth of such representation s and that this Policy embodies all agreements existing between the Insureds and the Company relating to this Policy.

In witness whereof, the Company has caused this Policy to be signed by its President and Chief Executive Officer and Secretary, but this Policy shall not be valid unless countersigned on the Declarations Page by a duly authorized representative of the Company.

President and Chief Executive Officer Secretary