Att#3 Waymakers Original Contract and Amendment No. 1 — City Council/Public Financing Authority, February 7, 2023

AMENDMENT NO. 1 TO AGREEMENT B1 fWEEN

THE CITY OF HUNTINGTON BEACH AND

WAYMAKERS
FOR

VICTIM AND WITNESS ASSISTANCE SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF I-{UNTINGTON BEACH. aCalifornia municipalcorporation, hereinafterreferredto as City," andWaymakers, anon-profitCaliforniaCorporation, hereinafterreferredto as Consultant."
WHERE City andConsultantarepartiesto thatcertainagreement, dated January1, 2021, entitled "ProfessionalServicesContractBetweentheCityof Huntington Beach and Waymakers for Victim and Witness Assistance Services" which agreement shall hereinafter be referred to as the" Original Agreement; and CityandConsultantwishto amendtheOriginalAgreementto increasethe amount of compensation to be paid to Consultant,
NOW, THEREFORE, it is agreedby City andConsultantasfollows:

1. ADDITIONAL COMPENSATION
In considerationof theservicesto beperformedundertheOriginal Agreement, City agreesto payConsultantattheratesspecifiedin ExhibitB whichis attachedheretoandincorporatedby referenceinto this Agreement. City furtheragreesto payConsultantanadditionalsumnottoexceedOneHundredSixteenThousandThirty Two Dollars ($ 116,032.00). The additional sum shall be added to the original sum of One HundredNine '1'housandSevenHundredNinety Dollars ($109,790.00), for a new contractamountnot to exceedTwo HundredTwenty FiveThousandEight Hundred Twenty Two Dollars ($ 226,822.00).
22- 11023/ 276321 1

2. REAFFIRMATION
Exceptasspecifically modified heroin,all othertermsandconditions for the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, thepartiesheretohavecausedthis Agreementto be executed by and through their authorized officers on 2022.

WAYMAKERS CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
By: California
print name LA
ITS: ( circle one) Chainnan/ PnsidentNice President 6
AND
Mayor
BY City Clerk
print nan1C
NIT ED AN PR ED:

ITS: ( drde one) Secretary/ChiefFinancial
OfficeriAsst. Secretary- Treesarer
of of Mice
APPROVED O M:

C' Attorney

22. 11023/ 276321 2
O
ARC° CERTIFICATE OF LIABILITY INSURANCE
DATE
ors2D2,
YYY,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the cerlillcete holder Is an ADDITIONALINSURED,the pollcy( les) must have ADDITIONALINSUREDprovlslons or be endorsed.

II SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollCIDs Trey require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsementte .

PRODUCER
CHO MIGlOIIe Gonzalez
Arthur J. Gallagher& Co. v"' E FAx
Insurance Brokers of CA., Inc, o.EMI:818. 539. 6830
505 N Brand Blvd, Suite 600 poonless: Micheffe_Gonzeleznaig.com Glendale CA 91203
INSUREftfs) AFFOROINO COVERAGE NAICo
JIOonse#: 0726293 INSURERA: Non rofiis' Insurance Alliance of CA INSURED WAYMAKE 01
INSURER 9: Selvko American lndemni Company 39152
Waymakers
1221 E. Dyer Road, Suite 120
INSURER C:

Santa Ana, CA 92705 INSURER D: _ _
INSURER E;
INSURER F:

COVERAGES CERTIFICATE NUMBER: 2004336667 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDICCLLAIMS.IUSA LTH TYPE OF INSURANCE IINDWe POLICY NU MaEFt
I
MOADO/1'YFY MLdYY% - - LIMITS
A X COMMERCIAL GENERAL LIABILITY Y 2021. 12060 101112021 UVU2022 EACH OCCURRENCE 1.000, 000 ClAulS• MADE nG2UN PREM15ES1EIMco)_.. { 500, 000__ ,_-_, _ X oFcI cMla'. Nat. MED EXP( Ar, y ono pprrgnl $ 20, 000 PERSONAL A ADV INJURY $ 1,000. 000
GENL AGGREGATEPLIIM] I APPLIES PER: GENERAL AGGREGATE_ 63. 0_00. 00_0 X POLICY u JEC u 1.0C PRODUCTS• CONP% W AGO 13. 000, 000 — OTHER: 5
A AUTOMOIRLEUABILITY 2021. 12009 10/ 112021
iWU2022fET
e1NE0 SWCLE LIMIT
61, 000, 000

X ANY AUTO
BODILYIWURY( Pal pavan) 5

OWNED SCHEDULED
BODILY INRIRY( Pm awdan0 IAUTOS ONLY AUTOS APPROVED AS O FORMHIRED µ
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AUTOS ONLY X
AUTOS ONLYIl a accdOnI
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A X UMBRELLAUA9
occurs
12021.
1206E- UMB MICHAEL E. A1E6/ 2021 10/ 112022 EACH OCCURRENCE 610, OD0, 000

EXCESS LIAR CITY ATTO NEY
CLAIMS MADE AOUREGAIE. .___ S10, 000, D00CITY OF HUNTING ON BEACH DED X RETENTIONb
7 5
e WG6KERSCOLIPENSATION SATIS0352401 101112021 10/ IR022 X 0.AND EMPLOYERS' LIABILITY YIN A7 T
ANYPPOP0IETONP0. niHENE% ECUTIVE
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E. LEAHACCIDENT —""- _ 51, 000, 000
OFFICENMENNtlNEXCLUDE071-1(
M, nWoryb, E.L. DISEASE• EA ELIPLOYEE $ 1, 000, 000
0 yyaa.doccliba mvb
OESC IPrION OF OPERAT NS N E.L. DIREASE- POLICY LIMIT 6t, 000, 000 A H Wly 2021.; 20eQ. 00 10/ 1f2021 IO/ IR022 11n, Y I, 000, 000 A ' Aorta 81uab: 2021. 2069 10/ 112021 10/ 1/2022 Per cblm 1. 000. 000 Daduo W Nma ALp, epale 3. 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES( ACORD 101, AMllloml RNouka SahadVlo, may bo Ulmhatl If nroro apace b re0ubodl Nonprofits' Insurance Alliance OI CA- A. M. Bast 11: 011845 Policy.. Improper Sexual Conduct
Policy#: 2021. 12069
Policy term: 10/12021 to 101112022
Carder: Nonprofits Insurance Alllanco of CA
Per Clalm:$ 1,000, 000. Aggregate:$ 1,000, 000
DeduclIble: None
See Attached...

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITHTHE POLICY PROVISIONS.

City of Huntington Beauh Police Department
Hunt Man St

AUINONZEDREP ESENTATIVE
Huntington Beach CA 92649
MQ.YAr+a..
01988. 2015 ACORD CORPORATION, All rights reserved.

ACORD 25( 2016103) The ACORD name and logo are registered marks of ACORD 2' 019 6090
AGENCY CUSTOMER ID: WAYMAKE- 01
LOC it: _
AC R® ADDITIONAL REMARKS SCHEDULE Page I of I

AGENCY NAMED INSURED
Arthur J. Gallagher& Co. Waymakers i
1221 E. Dyer Road, Suite 120
POLICY NUMBER Santa Ana, CA 92705

CARRIER NAIL CODE
EFfECTIVE GATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Policy:Cyber Liability
Policy#: TBD
Pollcyterm: 101112021 to 10/ 112022
Carrier: Underwriters at Lloyds, London
Aggregate Limit:$ 2, 000, 000
RE: Diversion Program. City of Huntington Beach, its elected DTappointed offldals, agents, officers, amployyoos, and volunteers am named additional Insured with respectto the operationsof the namedInsuredper theattachedForm NIAC-E6102 10thatprovidesAddigonalInsurance,Primary& Non-Contributoryfor Public Entities.

The ACORD name and logo are registered marks of ACORD
S' of 8 6090
Di
City of Huntington Beach
2000 Main Street Huntington Beach, CA 92648
714) 536- 5227 www. huntingtonbeachca. gov
F
Office of the City Clerk
Robin Estanislau, City Clerk
April 28, 2022
Waymakers
Attn: Ronnetta Johnson
1221 E. Dyer Road, Suite 120
Santa Ana, CA 92705
Dear Ms. Johnson:

Enclosed is a fully executed copy of the Amendment No. 1 to Agreement between the City of Huntington Beach and Waymakers for Victim and Witness Assistance Services approved by City Council on April 5, 2022.

Sincerely,
4&
7144
Robin Estanislau, CMC
City Clerk
RE: ds
Enclosure
Sister Cities: Anjo, Japan • Waitakere, New Zealand

PROFESSIONAL SERVICES CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND

WAYMAKERS

FOR '

VICTIM AND WITNESS ASSISTANCE SERVICES
THIS AGREEMENT (" Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as CITY," and Waymakers, a non- profit California Corporation hereinafter referred to as CONSULTANT."
WHEREAS, CITY desiresto engagethe servicesof a consultantto provide victim and witness assistance services; and
Pursuantto documentationon file in the office of the City Clerk, the provisionsof the HuntingtonBeachMunicipal Code, Chapter3.03, relatingto procurementof professionalservice contracts have been complied with; and
CONSULTANT hasbeenselectedto perform theseservices,
NOW, THEREFORE, it is agreedby CITY andCONSULTANT asfollows:

I. 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 herebydesignatesRonnettaJohnsonwho shall representit andbe its solecontactandagentin all consultationswith CITY duringtheperformanceof this Agreement.

2. CITY STAFF ASSISTANCE
CITY shall assigna staff coordinatorto work directly with CONSULTANT in the performance of this Agreement.
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3. TERM: TIME OF PERFORNLkNCIr
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on January 1 , 2021
4(
the " Commencement Date"). This agreement
AperzV r- . aya, n(< Aww/ M1202!
shall automatically terminate three (3) years from the CommencementDate, unless extendedor sooner terminated as provided herein. All tasks specified in Exhibit " A" shall be completed no later than three ( 3) years 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 amendedto benefit the PROJECTif mutually agreedto in writing by CITY andCONSULTANT.

In the event the CommencementDate precedesthe Effective Date, CONSULTANT shallbebound by all terms andconditions asprovided herein.

4. CQME SATION
In considerationof the performanceof the servicesdescribedherein, CITY agreesto pay CONSULTANT on a time and materials basis at the rates specified in Exhibit " B," which is attachedheretoand incorporatedby referenceinto this Agreement, a fee, includingall costsand expenses,not to exceedOneHundredNineThousandSevenHundredNinetyDollars(S109,790).

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 workonly afterreceivingwrittenauthorizationfromCITY. Additionalcompensationfor suchextra work shall be allowed only if the prior written approvalof CITY is obtained.

6. METHOD OF PAYMENT
CONSULTANT shall bepaid pursuantto the termsof Exhibit r'B." 20A070rAM4W= 1" fheUprofeWmal svos mayor 2 of 11
5J19. 2MM

7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agreesthat title to all materialspreparedhereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computercode, language, dataor programs, maps, memoranda, lettersandotherdocuments, shall belongto CITY, andCONSULTANTshallturnthesematerialsoverto CITY uponexpirationor termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materialsmaybeusedby CITY asit seesfit.

8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmlessCITY, its officers, electedor appointedofficials, employees, agentsandvolunteersfrom andagainstanyandall claims, damages, losses, expenses, judgments, demandsanddefensecosts including, withoutlimitation, costsandfeesoflitigationofeverynatureorliabilityofanykindor nature) arisingoutof or in connectionwithCONSULTANT's (or CONSULTANT'ssubcontractors, if any) negligent (orallegednegligent) performanceofthisAgreementoritsfailuretocomplywith anyof its obligationscontainedin thisAgreementby CONSULTANT, its officers, agentsor employeesexceptsuchloss or damagewhich was causedby the solenegligenceor willful misconduct of CITY. CONSULTANT will conductall defenseat its sole cost and expenseand 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 donot actaslimitation upontheamountof indemnificationto beprovidedby CONSULTANT.

B. To the extent that CONSULTANT performs " Design Professional Services" within themeaningofCivilCodeSection2782.8, thenthefollowingHoldHarmlessprovisionappliesin place of subsectionA above:
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CONSULTANT hereby agreesto protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs ( including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT' s proportionate percentage of fault. However, notwithstandingthe previous sentence, in the event one or more other defendantsto the claims and/or litigationis unableto payits shareof defensecostsdueto bankruptcyor dissolutionof the business, CONSULTANT shallmeetandconferwith CITY andotherdefendantsregardingunpaid defense costs. Thedutyto indemnify, includingthe duty andthe costto defend, is limitedas providedin CaliforniaCivil CodeSection2782.8.

C. Regardlessof whether subparagraphA or B applies, CITY shall be reimbursed by CONSULTANT for all costsand attorney's fees incurredby CITY in enforcingthis obligation.

Thisindemnityshallapplyto all claimsandliability regardlessof whetheranyinsurancepolicies areapplicable. Thepolicylimitsdonotactasalimitationupontheamountofindemnificationto 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 coveragefor CONSULTANT's professionalliability in an amountnot less than One Million Dollars 1, 000, 000. 00) per occurrence and in the aggregate. The above- mentioned insurance shall not containa self-insuredretentionwithout the expresswritten consentof CITY; howeveraninsurance 20- 9070/ 240234agree/ surfnet/ professional sves mayor 4 of 11 5/ 19- 204082
policy " deductible" of Ten Thousand Dollars ($ 10, 000. 00) or less is permitted. A claims- made policy shall be acceptableif the policy further provides that:

A. Thepolicyretroactivedatecoincideswith or precedesthe initiationof the scope of work ( including subsequentpolicies purchasedas renewals or replacements).

B. CONSULTANT shall notify CITY of circumstancesor incidentsthat might give rise to future claims.

CONSULTANT will make every effort to maintain similar insuranceduring the required extended period of coverage following PROJECT completion. If insurance is terminated foranyreason, CONSULTANTagreestopurchaseanextendedreportingprovisionof atleasttwo 2) yearstoreportclaimsarisingfromworkperformedinconnectionwiththisAgreement.

If CONSULTANT fails or refusesto produceor maintainthe insurancerequiredby this sectionor fails or refusesto furnish the CITY with requiredproof that insurancehas been procuredandis in forceandpaidfor, theCITYshallhavetheright, attheCITY's election, to forthwith terminate this Agreement. Suchterminationshallnot effect Consultant's right to bepaid for itstimeandmaterialsexpendedpriortonotificationof termination. CONSULTANTwaivesthe right to receivecompensationandagreesto indemnify the CITY for any work performedprior to approval of insuranceby the CITY.

10. CERTIFICATE OF INSURANCE
Priorto commencingperformanceof theworkhereunder, CONSULTANTshall furnishto CITY a certificateof insurancesubjectto approvalof the City Attorney evidencingthe foregoinginsurancecoverageasrequiredbythisAgreement; thecertificateshall:

A. providethenameandpolicynumberof eachcarrierandpolicy; B. statethatthepolicy is currentlyin force; and
20- 9070/ 240234agree/ surfnet/ professional sves mayor 5 of 11 5/ 19- 204082
C. shallpromisethatsuchpolicyshallnotbesuspended, voidedor canceledby eitherparty, reducedin coverageor in limits exceptafterthirty (30) days' priorwrittennotice; however, ten (10) days' priorwrittennoticein theevent of cancellation for nonpayment of premium.

CONSULTANT shall maintainthe foregoinginsurancecoveragein force until the work under this Agreement is fully completed and acceptedby CITY.

The requirementfor carrying the foregoinginsurancecoverageshall 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 demandthe original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiumson theinsurancehereinaboverequired.

11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performanceof this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secureat its own costandexpense, andbe responsiblefor any andall paymentof all taxes, socialsecurity, statedisabilityinsurancecompensation, unemploymentcompensationandother payrolldeductionsfor CONSULTANTandits officers, agentsandemployeesandall business licenses, if any, in connectionwiththePROJECTand/ortheservicestobeperformedhereunder.

12. TERMINATION OF AGREEMENT
All work requiredhereundershallbeperformedin a goodandworkmanlikemanner.

CITYmayterminateCONSULTANT's serviceshereunderatanytimewithorwithoutcause, and whether or not the PROJECT is fully complete. Any terminationof this Agreementby CITY shall bemadein writing, noticeof whichshallbedeliveredto CONSULTANTasprovidedherein. Inthe 20- 9070/ 240234agree/ surfnet/ professional svcs mayor 6 of 11 5/ 19- 204082
eventof termination, all finishedandunfinisheddocuments, exhibits, report, andevidenceshall, at theoptionof CITY, becomeitspropertyandshallbepromptlydeliveredto it byCONSULTANT.

13. ASSIGNMENT AND DELEGATION
ThisAgreementis a personalservicecontractandtheworkhereundershallnotbe assigned, delegatedor subcontractedby CONSULTANT to anyotherpersonor entity without the prior express written consent of CITY. If an assignment, delegation or subcontractis 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 shallownall rightsto anypatentor copyrighton anywork, itemor material produced as a result of this Agreement.

15. CITY EMPLOYEES AND OFFICIALS
CONSULTANTshallemployno CITY official noranyregularCITY employeein the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financialinterestin this Agreementin violationof the applicableprovisionsof the California Government Code.

16. NOTICES
Anynotices, certificates, orothercommunicationshereundershallbegiveneitherby personaldeliverytoCONSULTANT'sagent (asdesignatedinSection1hereinabove) ortoCITYas thesituationshallwarrant, or by enclosingthesamein a sealedenvelope, postageprepaid, and depositingthesameintheUnitedStatesPostalService, totheaddressesspecifiedbelow. CITYand CONSULTANTmay designatedifferentaddressesto which subsequentnotices, certificatesor othercommunicationswill be sentby notifyingtheotherpartyvia personaldelivery, a reputable overnight carrier or U. S. certified mail- return receipt requested:
20- 9070/ 240234agree/ surfnet/ professional sves mayor 7 of 11 5/ 19- 204082
TO CITY: TO CONSULTANT:

City of Huntington Beach Waymakers
ATTN: Lt. Chris Nesmith ATTN: Ronnetta Johnson
2000 Main Street 1221 E. Dyer Road, Suite 120
Huntington Beach, CA 92648 Santa Ana, CA 92705

17. CONSENT
When CITY' s consent/ approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemedto be a consent/approval to any subsequent occurrence of the same or any other transaction or event.

18. MODIFICATION
No waiveror modificationof anylanguagein this Agreementshallbevalid unlessin writing andduly executedby bothparties.

19. SECTION HEADINGS
Thetitles, captions, section, paragraphandsubjectheadings, anddescriptivephrases atthebeginningof thevarioussectionsinthisAgreementaremerelydescriptiveandareincluded solelyforconvenienceofreferenceonlyandarenotrepresentativeofmattersincludedorexcluded fromsuchprovisions, anddonotinterpret, define, limit ordescribe, or construetheintentof the partiesoraffecttheconstructionorinterpretationof anyprovisionofthisAgreement.

20. INTERPRETATION OF THIS AGREEMENT
Thelanguageof all partsof this Agreementshallin all casesbe construedasa whole, according to its fair meaning, and not strictly for or against any of the parties. If- any provisionof this Agreementis heldby anarbitratoror courtof competentjurisdictionto be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenantsandprovisionsof thisAgreement. No covenantor provisionshallbedeemeddependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 20- 9070/ 240234agree/ surfnet/ professional svcs mayor 8 Of 11 5/ 1 9- 204082
neutergenderand singularor plural numbershall be deemedto include the other wheneverthe context so indicates or requires. Nothing containedhereinshall be construedso asto requirethe commissionof any act contraryto law, andwhereverthereis any conflict betweenany provision containedhereinandany presentor future statute, law, ordinanceor regulationcontraryto which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreementwhich is herebyaffectedshall be curtailedandlimited only to the extentnecessaryto 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 andsignedin counterpartsasduplicateoriginals, eachof which soexecutedshall, irrespectiveof the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as againstany party who has signedit.

22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and naturalizationlaws of the United Statesandshall, in particular, comply with the provisionsof 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 subcontractorwork involving legal services, andthat suchlegal servicesareexpresslyoutsidethe scope of services contemplated hereunder. CONSULTANT understands that pursuant to HuntingtonBeachCityCharterSection309, theCityAttorneyis theexclusivelegalcounselfor CITY; and CITY shall not be liable for payment of any legal servicesexpensesincurred by CONSULTANT.
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24. ATTORNEY' S FEES
In the eventsuit is broughtby eitherparty to construe, interpretand/or enforcethe termsand/orprovisionsofthisAgreementorto securetheperformancehereof, eachpartyshallbear its own attorney's fees, suchthatthe prevailingparty shallnot be entitledto recoverits attorney's fees from the nonprevailing party.

25. SURVIVAL
Terms and conditions of this Agreement, which by their senseand context survive the expiration or termination of this Agreement, shall so survive.

26. GOVERNING LAW
This Agreementshallbe governedandconstruedin accordancewith the lawsof the State of California.

27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authorityandrighttobindtheirrespectivepartiestoeachofthetermsofthisAgreement, andshallindemnifyCITYfully for anyinjuriesordamagestoCITYin theeventthatsuchauthority or poweris not, in fact, heldby thesignatoryor is withdrawn.

28. ENTIRETY
ThepartiesacknowledgeandagreethattheyareenteringintothisAgreementfreely andvoluntarilyfollowingextensivearm'slengthnegotiation, andthateachhashadtheopportunity to consult with legal counsel prior to executing this Agreement. Thepartiesalsoacknowledgeand agreethat no representations, inducements, promises, agreementsor warranties, oral or otherwise, havebeenmadebythatpartyoranyoneactingonthatparty'sbehalf, whicharenotembodiedin this Agreement, andthat that partyhasnot executedthis Agreementin relianceon any representation, inducement, promise, agreement, warranty, factor circumstancenotexpresslysetforthin this 20- 9070/ 240234agree/ surfnet/ professional svcs mayor 10 of 11 5/ 19- 204082
Agreement, ThisAgreement, andtheattachedexhibits, containtheentireagreementbetweenthe partiesrespectingthesubjectmatterof thisAgreement, andsupersedeall priorunderstandingsand agreementswhetheroralorinwritingbetweenthepattiesrespectingthesubjectmatterhereof.

29. E FECTIVE DATE
ThisAgreementshallbeeffectiveonthedateof its approvalbytheCityCouncil, ThisAgreementshallexpirewhenterminatedasprovidedherein.

INWTINESSWHEREOF, thepartiesheretohavecausedthisAgreementtobeexecutedby and tluough their authorized officers.

CONSULTANT,
CITY OF HUNTINGTON BEACH, a
Waymakers municipal corpo Lion of the State of
Califo ' a
By,
Ronnetta J. Johnson f s
print name
ITS: ( circleone)Chsirman/PresidenWicePresident
AND City Clerk
l_ r-
By:

INITIOED APPROVED:

J e-1in c. le-'.- s- to- r
print name
1 Pol' a hiefITS: (circleone)Secretary/ChiefFbtancialofrimm st.

Secretary- Treasurer
R WEDAM APPROVED:

City Manager
APPROVED AS TO FORM:
r
City Attorney
20- 9070240Z4agrcd nwfnel/ professionai eves mayor 11 of 11 5/ 19- 204082
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the partiesrespectingthesubjectmatterof thisAgreement, andsupersedeall priorunderstandingsand agreementswhetheroralorin writingbetweenthepartiesrespectingthesubjectmatterhereof.

29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.

This Agreement shall expire when terminated asprovided herein.

IN WITNESSWHEREOF, thepartiesheretohavecausedthisAgreementto beexecutedby and through their authorized officers.

CONSULTANT,
CITY OF HUNTINGTON BEACH, a
Waymakers municipal corporation of the State of
California
By:

Mayor
print name
ITS: ( circle one) Chairman/ President/Vice President
City Clerk
AND
INITIATED AND APPROVED:

By:
print name
Interim Police Chief
ITS: ( circle one)Secretary/ChiefFinancialOfficer/Asst.

Secretary- Treasurer
REVIEWED AND APPROVED:

City Manager
COi. TNTET.-
I. PART APPROVED AS TO FORM:

Sn City Attorney

COUNTERPART
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EXHIBIT " A"
A. STATEMENT OF WORK: ( Narrative of work to be performed) Thepurposeof thiscontractis to continuetheeffortsof law enforcementagenciesto enhance or create specialized units to focus special effort on the handling of violent crimes against adult women, includingsexualassault, domesticviolence, andstalking. Thespecializedunit will accomplishthispurposethroughthoroughinvestigation, immediatevictim advocacy, and trainingfor law enforcementofficers. Thoroughinvestigationleadsto successfulprosecution of cases, immediatevictim advocacyprovidesvictimswith thesupportandresourcesto help disrupt the cycle of violence, and training assists departments in providing a consistent, effective, and compassionate response to female victims of violent crime. The Victim Advocate/ Program Manager will collect and report demographic information on victims served. The project contracts with a local victim service agency ( rape crisis or domestic violence agency) for one full- time advocate ( or full- time equivalent). The advocate must meet the requirements of a domestic violence or sexual assault counselors as defined by the Evidence Code (Section 1035-1036.2 for sexualassaultcounselorsand Section 1037-1037.7 for domestic violence counselors). The Huntington Beach Victim Advocate/ Program Manager musthaveexperiencein assistingvictims of domesticviolence, sexualassault, andstalking crimes. TheagreementshallcoveraperiodbeginningJanuary1, 2021throughDecember31, 2023, unless terminated earlier for cause or availability of funding.

B. CONSULTANT' S DUTIES AND RESPONSIBILITIES:

Project Scope:

This project will provide comprehensive services for victims/ witnesses of crime. The goals includeprovidingservicesthatwillalleviatethetraumaanddevastatingimpactofcrimeonthelivesof victims and their family members. Additionally, it is necessary to provide information to victims/witnessesof crime regardingthe processesof the criminaljustice systemin orderto encourage cooperation in the investigation and prosecution of the case.

1. Victim/ Witness Services. The Huntington Beach Victim Advocate/ Program Manager will facilitate the developmentand/or revision of officer and advocate protocolsfor respondingto victimsandtheirchildren; facilitatetrainingfor law enforcement officers; maintain statistical and historical documentation relevant to the fulfillment of theLE grantrequirements; assistwith the preparationof grant progressreports; andparticipateandrespondto fundersitemonitoringvisits. The Victim Advocate/ Program Manager is additionally responsible for the provision of comprehensivevictim services as described in the California Penal Code Section13835.5. Both the mandatoryandoptionalserviceslisted in the Penal Code will be provided including:

2. Crisisintervention-providetimely andcomprehensiveresponsiveto the individual needs of crime victims.

Emergencyassistance -directly or indirectly providing food, housing, clothing and cash, if necessary.

Resource and referral counseling- direct victims to
agencies within the community.

Follow- up counseling - providecounselingto victimswith problems resulting from crime.

Filing of compensation claims -. assist victims in filing claims for compensation through the Victim Compensation and
Government Claims Boards.

Property returns assistance - upon request of the victim, assist in obtainingthereturnof avictim'spropertyheldasevidenceby
law enforcement agencies.

Orientation -provideorientationtothecriminaljusticesystem.

Court accompaniment- provide accompanimentandsupport
the victim in the courtroom.

Presentations (criminal justice agencies)
providepresentationsto andtrainingof criminaljustice system agencies.

Presentations ( public) - provide presentations to public agencies and community groups.

Case status - monitor appropriate court cases to keep victims andwitnessesapprisedof theprogressanddispositionof their case.

Notification - upon request of the victim, provide notification to friends, relatives and employers ofthe occurrence ofthe crime.

Employer notification - upon request of the victim or witness, inform the employer that the employee was a victim or witness to a crime.

Restitution assistance - upon request of the victim, assist in the processofobtainingrestitutionforthevictim.

Optional Services - as outlined in the Penal Code shall include but is not limitedto:

Employer intervention - assist the victim in resolving
employment issues that arise asthe result of the crime.

Creditor intervention - assist the victim in resolving creditor issues that arise asthe result of the crime.

Crime prevention - provide information regarding crime
prevention to individuals or community groups.

Temporary restraining orders- provide assistancein obtaining temporaryrestrainingordersfor victims.

Transportation- arrange for transportation to court for victims required to testify.

Waiting area - arrange for the provision of a victim/ witness waiting room.

Victim Impact Statements - provide victims assistancein the preparationof victim impact statementsfor probationreports, sentencing and parole hearings.

EXI HBIT A

3. Staffing Requirements. All staff musthavemet minimumeducationand experiencerequirementsfor the position, andbecarefully screenedfor suitability.

Offers of employment will be contingent upon successfully passing fingerprint and background checks. Supervision of staff will be the sole responsibility of the contractedagency. The followingoutlinesgeneraltrainingrequirementsfor the position.

Victim Advocate/ Program Manager. Staff assigned to provide victim/ witness services by the contractedagencymust completethe Entry Level and AdvancedAdvocate certificationtrainingrequirementsas establishedby the CaliforniaCrime Victims AssistanceAssociationandtheCaliforniaOffice of EmergencyServices. Thecontracted agencymustprovidespecifictrainingin domesticviolence, sexualassaultandstalking for advocatesspecializingin thoseareasof concern. Additionally, eachadvocatemustbe given no less than 16 hours of in service training each year. The position requires a minimum of five years experience in victim services. The current assigned Victim Advocate/Program Manager has27 years of experience.

C. CITY' S DUTIES AND RESPONSIBILITIES:

1. Paycontractorafteraninvoiceisreceivedfromthecontractor.

2. Negotiate rates with the contractor, as necessary.

3. Provide overall review ofthe services.

D. WORK PROGRAM/ PROJECT SCHEDULE:

These services will be conducted within the contract period. It is understandable that some services will continue beyond the contract period if the services are ongoing. Theseongoingserviceswill nothaveanycoststhatwill beassessed beyond the contract period.

EXHIBIT A
EXHIBIT " B"
Payment Schedule ( Hourly Payment)
A. Hourly Rate
CONSULTANT'Sfeesfor suchservicesshallbebaseduponthefollowing hourlyrateandcost schedule:

See attached Exhibit B
B. Travel Charges for time during travel are not reimbursable.

C. Billing

1. All billingshallbedonemonthlyin fifteen (15) minuteincrementsandmatchedtoan appropriatebreakdownof the time that was taken to perform that work and who performed it.

2. Eachmonth'sbill shouldincludeatotalto date. Thattotal shouldprovide, ata glance, the total fees and costs incurred to date for the project.

3. A copyofmemoranda, letters, reports, calculationsandotherdocumentationprepared byCONSULTANTmayberequiredtobesubmittedtoCITYtodemonstrateprogress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITYshallidentifyspecificrequirementsfor satisfactorycompletion.

4. CONSULTANTshall submitto CITY an invoicefor eachmonthlypaymentdue.

Such invoice shall:

A) Reference this Agreement;
B) Describe the servicesperformed;
C) Show the total amount of the payment due;
D) Includea certificationby a principalmemberof CONSULTANT's firm that the work hasbeenperformedin accordancewith the provisionsof this Agreement; and
E) Forallpaymentsincludeanestimateofthepercentageofworkcompleted.

Uponsubmissionof anysuchinvoice, if CITY is satisfiedthatCONSULTANTis makingsatisfactoryprogresstowardcompletionof tasksin accordancewiththis Agreement, CITY shall approvethe invoice, in which eventpaymentshall 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 CONSULTANTin writingof the reasonsfor non-approvalandthe scheduleof performance set forth in Exhibit " A" mayattheoptionof CITY besuspendeduntil thepartiesagreethatpastperformancebyCONSULTANTisin, orhasbeenbrought into compliance, or until this Agreementhasexpiredor is terminatedasprovided herein.
1 Exhibit B

5. Anybillingsfor extraworkoradditionalservicesauthorizedin advanceandin 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 performedisin accordancewiththeextraworkor additionalservicesrequested, andif 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 concerningpaymentof suchaninvoiceshallbetreatedasseparateandapartfromthe ongoingperformanceof theremainderof this Agreement.
2 Exhibit B

EXHIBIT B

WAYMAKERS
VAWA- Huntington Beach
January 1, 2021 Through December 31, 2021
549

BUDGET CATEGORY AND LINE ITEM DETAIL
A. PERSONNEL SERVICES COST
SALARIES:

Mo. Sala ry Months FTE
Victim Advocate/ Project Manager 6, 880 11. 50 1. 00 79, 120 TOTAL SALARIES 79, 120
BENEFITS:

Social Security/ Medicare 7. 65% 6, 053
Workers Compensation Insurance 0. 55% 435
State Unemployment Insurance 4. 5% on 1 st$ 7, 000 per employee. 302 Health Insurance Cost established by individual employee plan. 5, 052 Dental Insurance Cost established by individual employee plan. 488 Vision Insurance Cost established by individual employee plan. 68 WAYPOINTS- Employer Contribution to Flexible Benefits Plan 1, 150 50/$ 75/$ 100 per month based on length of service
Basic Life& AD& D 6. 52 per month per eligible employee. 75 Long Term Disability 13. 39 per month per eligible employee. 154 Retirement 4% after 12 mo, of employment 3, 165
Paid Leave Paid Out as a Benefit 1% of salary plus applicable payroll taxes 888 TOTAL BENEFITS 17, 830
TOTAL SALARY AND BENEFITS 96, 950
B. OPERATING EXPENSES COST
Financial Audit 277
64, 000 total agency audit cost X 0. 433%
Allocated shared cost of agency wide audit conducted under the guidelines of OMB Office Expenses/ Program Supplies 1, 420
123. 48 per month X 11. 5 months
Staff Mileage- Training, Case Management 650

98. 30 miles per month X 11. 5 months X $ 0. 575/ mile
Liability Insurance 512

44. 52 per month X 11. 5 months
INDIRECT COST: 10% DE MINIMIS OF MODIFIED TOTAL DIRECT COST( MTDC) 9, 981 10% X$ 99, 809 ( MTDC)=$ 9, 981
MTDC= Program Salariesand Benefits$ 96, 950+ Program Direct Operating$ 2,859 TOTAL OPERATING EXPENSES 12, 840
PROJECT TOTAL 109, 790
EXHIBIT " B"
Payment Schedule ( Fixed Fee Payment)
l. CONSULTANT shall be entitled to monthly progresspaymentstoward the fixed fee set forth herein in accordancewith the following progressandpaymentschedules.

2. Deliveryof work product: A copyof everymemorandum, letter, report, calculationand otherdocumentationpreparedby CONSULTANTshallbesubmittedto CITY to demonstrateprogress toward completion of tasks. In the event CITY rejects or has commentson any such product, CITY shall identify specific requirementsfor satisfactorycompletion.

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

A) Reference this Agreement;
B) Describethe servicesperformed;
C) Showthe total amountof the paymentdue;
D) Includea certificationby a principalmemberof CONSULTANT's firm thatthe work hasbeenperformedin accordancewith theprovisionsof this Agreement; and
E) Forall paymentsincludeanestimateofthepercentageofworkcompleted.

Upon submissionof any suchinvoice, if CITY is satisfiedthat CONSULTANTis making satisfactoryprogresstowardcompletionof tasksin accordancewiththisAgreement, CITYshall approvetheinvoice, in whicheventpaymentshallbemadewithinthirty (30) daysof receiptof the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITYshallnotifyCONSULTANTin writingof thereasonsfornon-approvalandtheschedule ofperformancesetforthinExhibit "A" mayattheoptionofCITYbesuspendeduntilthepartiesagree thatpastperformanceby CONSULTANTis in, or hasbeenbroughtintocompliance, or untilthis Agreementhasexpiredor is terminatedasprovided herein.

4. Anybillingsfor extraworkor additionalservicesauthorizedin advanceandin writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information requiredabove, andin additionshalllist the hoursexpendedandhourlyratechargedfor suchtime.

Suchinvoicesshallbeapprovedby CITY if theworkperformedis in accordancewith theextrawork or additional servicesrequested, and if CITY is satisfied that the statementof hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the partiesconcerningpaymentof suchaninvoiceshallbetreatedasseparateandapartfromtheongoing performanceof the remainderof this Agreement.

Exhibit B
The bid/ proposal process was completed by the Orange County Sheriffs Department. Waymakers won the competitive process. Proposalssubmitted to OCSDare not availableat this time.

Lt. ! Nesmith
X5918

PROFESSIONAL SERVICES CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND

WAYMAKERS
FOR

VICTIM AND WITNESS ASSISTANCE SERVICES
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................................................................................. I I j,
J
l ®,
4 oRo CERTIFICATE OF LIABILITY INSURANCE

DATE( MMIDDIYYYY)
10/ 28r2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement( s).

PRODUCER CONTANAME: Michelle Gonzalez
Arthur J. Gallagher& Co.

PHOJACNEo. g18- 539. 8630 vc NoInsurance Brokers of CA., Inc.

E- MAIL
A505 N Brand Blvd, Suite 600 DD . Michelle GonzaleziMaig. com Glendale CA 91203 INSURERS AFFORDING COVERAGE _ NAICO Llcense#: 072629 INSURERA: Nonprofits' Insurance Alliance of CA INSURED WAYMAKE-01 INSURERS:ServiceAmericanIndemnityCompany Waymakers
1221 E. Dyer Road, Suite 120
INSURERC:

Santa Ana, CA 92705 INSURERD:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 1233929237 REVISION NUMBER:

INSR AODLSURR

LTR TYPE OF INSURANCE POLICYNUMSER MM/ DDY M
EFF

MIDICDYEXP LIMITS
A X COMMERCIAL GENERAL LIABILITY Y 202012069NPO 10/ 1/ 2..020 10h12021 EACH OCCURRENCE $ 1, 000, 000 G
ToCLAIMS-MADE OCCUR PREA11SE5 Ea occuRENTErre $ 500, 000 Mr: D EXP( Any one person) $ 20, 000
PERSONAL& AOV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S 3, 000, 000 POLICY JECTFRO- LOCX PRO. PRODUCTS- COMP/ OP AGG $ 3, 000, 000 OTHER: S
A AUTOMOBILE LIABILITY 2020112069NPO 10/ 1/ 2020 101V2021 COMBINED SINGLE LIMIT $ 1, 000, 000e ac 4 ant X ANY AUTO ROOILY INJURY( Per person) $
OWNED SCHEDULED BODILY INJURY( Per aaddent) S

AUTOS ONLY AUTOS

X HIRED X
NON- OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
A X UMBRELLALIAB X OCCUR 202012069UMB 101V2020 10/ 1/ 2021 EACH OCCURRENCE $ 10. 000, 000 EXCESS LIAB CLAIMS- MADE AGGREGATE S10, 000, 000
DED RETENTION$
B WORKERS COMPENSATION SATIS0352400 10/ 1/ 2020 10/1/2021 X

AND EMPLOYERS' LIABILITY

STAT UT ER
YIN
ANYPROPRIETORlPARTNE( UE% ECUTIVE E. L. EACH ACCIDENT $ 1, 000, 000 OFFICE RIMEMBE R EXCLUDE 07 NIA
Mandatory In NH) E. L. DISEASE• EA EMPLOYEE $ 1, 000, 000 U yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE• POLICY LIMIT $ 1. 000, 000 A Fldudary 202012069DO 10/ 1/ 2020 10/ 1/ 2021 Urrit 1, 000, 000 A ProlessicnalUab. 202012069NPO 10/ 1/ 2020 10/ 1/ 2021 Pa' C' aim 1. 000, 000 Aggregate 3, 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES( ACORD 101, Additional Remarks Schedule, maybe attached if moro apace Is roqulre d) Policy: Improper Sexual Conduct
AMIC

ED AS O FORM
Policy
term: 112/2020 tPolicy term: 10/ 1l2020 to 10/ 1/2021
Carrier: Nonprofits' Insurance Alliance of CA 13
Per Claim:$ 1, 000, 000, Aggregate:$ 1, 000, 000 AELE.GATES Y ATTORNEYPolicy: Excess Liability
Policy#: HS2018210203 CM OF HUNTINGTONBEACH
See Attached...

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Cityyof Huntington Beach Police Department
2000 Main St
Huntington Beach CA 92649

ACORD 25( 2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: WAYMAKE- 01
LOC#:

ADDITIONAL REMARKS SCHEDULE Page 1 of 1

AGENCY NAMEDINSURED
Arthur J. Gallagher& Co. Waymakers
1221 E. Dyer Road, Suite 120
POLICY NUMBER Santa Ana, CA 92705

CARRIER NAIC CODE
j EFFECTIVE DATE;
1 ADDITIONAL REMARKS
t THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Policy term: 10/1/2020 to 101112021
Carrier: Capitol Specially Insurance Co.
5,000,000 limit over NIAC Policy# 202012069UMB
Nonprofits' Insurance Alliance of CA- A. M. Best#: 011845 RE: Dlverslon Program. City of Huntington Beach, its elected or appointed officials, agents, officers, employees, and volunteers are named additional Insured With respect to the operations of the named Insured per the attached Form NIAC- E61 0219 that provides Additional insurance, Primary& Non- Contributory for Public Entities,
ACORD 101( 2008101) 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

NONPROFITS

INSURANCE

ALLIANCE OF CALIFOMIA
A Haad for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2020- 12069 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON- CONTRIBUTORY

ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization: City of Huntington Beach Police Department 2000 Main St
Huntington Beach CA 92649
A. Section 11— WHO 1S AN INSURED is amended to include:

4. Any public entity as an additional insured, and the officers, officials, employees, agents and/ or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/ or its officers, officials, employees, agents and/ or volunteers be added as an additional insured( s) on your policy, but only with respect to liability for" bodily injury', " property damage" or personal and advertising injury"caused, in whole or in part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations.

No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respectto liability arising out of or related to your activities as a real estate manager for that person or organization.

B. Section III-- LIMITS OF INSURANCE is amended to include:

B.The limits of insurance applicableto the public entity and applicable individualsIdentifiedas an additional insured( s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available underthis policy,whichever are less. These limits are part of and not in addition to the limits of insurance under this policy.

C. With respect to the insurance providedto the additional insured(s), Condition 4. Other Insurance of SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:

4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or
NIAC- E61 02 19 Page 1 of 2

NMINONPROFITSINSURANCE

ALLIANCE OF CALIFORNIA
A Haad jorinsaranca. A Heart jorNonproJlts. POLICY NUMBER: 2020- 12069 2) The coverageaffordedbythisinsuranceis primaryandnon-contributorywiththe additional insured( s)' own insurance.

Paragraphs( 1) and (2) do not apply to other insuranceto which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance
i
This insurance is excess over:

1. Any of the other insurance,whether primary, excess, contingent or on any other basis:
a) That is Fire, Extended Coverage, Builder' s Risk, Installation Risk or similar coverage for your work";
b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
c) That is insurance purchased by you to cover your liability as a tenant for" property damage" to premises temporarilyoccupied by you with permission of the owner; or d) If the loss arises out of the maintenance or use of aircraft," autos" or watercraft to the extent not subject to Exclusion g. of SECTION I— COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE.
e) Any other insuranceavailable to an additionalinsured(s) underthis Endorsementcovering liability for damageswhich are subject to this endorsement andfor which the additional insured( s) has been added as an additional insured by that other insurance. 1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any" suit" if any other insurer has a duty to defend the additional insured( s) against that" suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured( s)' rights against all those other insurers. 2) When this insuranceis excess over other insurance,we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
b) The total of all deductible and self- insured amounts under all that other insurance. 3) We will share the remaining loss, if any, with anyother insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part, c. Methods of Sharing
If all of the other insurance available to the additional insured( s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any other the other insurance available to the additional insured( s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer' s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

NIAC- E61 02 19 Page 2 of 2
POLICY NUMBER: 2020- 12069 COMMERCIAL GENERAL LIABILITY Named Insured: Waymakers CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION
I
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or Organization( s):

Any person or organizationthat you are required to add as an additional insuredon this policy, undera written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be affordedwith respect to liabilityarising out of or relatedto your activities as a real estate manager for that person or organization.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section 11— Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following is added to organization( s) shown in the Schedule, but only Section Ili-- Limits Of Insurance:
with respect to liability for" bodily injury"," property damage" or" personal and advertising injury" If coverage provided to the additional insured is caused, in whole or in part, by your acts or required by a contract or agreement, the most we omissions or the acts or omissions of those acting will pay on behalf of the additional insured is the on your behalf: amount of insurance:

1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of

2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less.

However: This endorsement shall not increase the

1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and

2. If coverage providedto the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

CG 20 26 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 DATE i,. I,, fDON YYY)
CERTIFICATE OF LIABILITY INSURANCE 10/ 1/ 2020

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: It the certificate holder Is an ADDITIONALINSURED,the policy(ies) must have ADDITIONALINSUREDprovisions or be endorsed.

PRODUCER CONTACTMichelle GORZa)e2
Arthur J. Gallagher& Co. anorEie FAX —
Insurance Brokers of CA., Inc.
818- 539. 8630 la<c& J:

EMAIL
505 N Brand Blvd, Suite 600 ADDRESS: Michelle_ Gonzalez Qa g.com Glendale CA 91203 INSURER( S) AFFORUINGCOVERAGE NAIL0
Licensefh0726293INSURERA: Nonprofits'InsuranceAllianceof CA INSURED M'AYMAKE--01INSURER13:ServiceAmericanIndemnityCompany 1Naymakers
1221 E. Dyer Road, Suite 120
INSURERC:

Santa Ana, CA 92705
INSURERE:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 433090098 REVISION NUMBER:

INSRI--.. -.___...___.._. AODLISUERIl ----- -. - -- POLICYEgFF rPOLICYEXP. I - LTR II TYPE OF INSURANCE INSDIIYVDI POLICY NUMBER M6UDDNYYV I ?MWDDNYYYl LIMITS A X COMMERCIALGENERALLIABILITY Y 202012069NPO 1011/ 2020 10/ 1/ 2021 kACHOCCURRENCE

51. 000. 000
vMA TOREE TEO
CLAIMS- MADE [ X-] OCCUR PREMISES.( Ea out uronw) $ 500. 000 - IAEO EXP( My one person) s20. 000 -
PERSONAL& ADV INJURY $ 1,000. 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3, 000, 000 X ' POLICY L_J j' O JLOC PRODUCTS• COMP/ OPAGG $ 3, 000, 000 OTHER 1
A AUTOMOBILE LIABILITY 202012069NP0 t0/ 11202D 16/ 1I2021 OV9NED SINGLE LIMIT $ 1,000. 000 X ANY AUTO BODILY INJURY( Per person) $ —
OWNED SCHEDULED BODILY INJURY( Per accident) $

AUTOS ONLY AUTOS
X HIRED X NON OWNED PROPERTY DAMAGE $

AUTOS ONLY AUTOS ONLY
S_.... ._... ..

A X UMBRELLA LIAB X OCCU 202012069UMB 10/ 112020 10/ 1/2021 EACHOCCURRENCE $ 10. 000, 000 EXCESS LIAR _ CLAIMSRMADE AGGREGATE 10, 00D, 000 ___ __ _

DED RETENTIONS
B WORKERSCOMPENSATION SATIS0352400 1011/ 2020 10/ 1/2021 X Alto EMPLOYERS' LIABILITY
AFF1T R
ANYPROPRIETORPAHTNER/ EXECUTIVE — I NIA
E. L. EACH ACCIDENT $ 1.0-00. 000'--
OFFICER/ MEMBEREXCLUDED9
Mandatory In NH) E.L. DISEASE EAEMPLOYEE $ 1,000, 000_
If yos, doscobe undor
DESCRIPTION OF OPERATIONS below E. L. DISEASE• POLICY LIMIT $ 1, 000, 000 A Flduclary 202012069DO 10/ 1/ 2020 1011/ 2021 LImX 1,000, 000 A Pwtesslonal LGab 202012069NP0 10/ 1/ 2020 10110021 P; Clalm 1,000, 000 Aggregate 3. 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES ( ACORD 1D1, Additional Remerks Schedule, maybe attached If more space Is requirod) Policy: Improper Sexual Conduct
Policy#: 202012069NPO ApililoveDASTOFORM
Policy term: 10/ 1/2020 to 10/ 112021
Carrier: Nonprofits' Insurance Alliance of CA
Per Claim:$ 1, 000, 000, Aggregate:$ 1, 000, 000
BY, f _
Nonprofits' Insurance Alliance of CA- A. M. Best#: 011845 MICH 4 E

RNEYGATIES
RE: Diversion Program. City of Huntington Beach, its elected or appointed officials, agents, officers, employees, aI vo L1 tj
f jt{onal Insured
See Attached... CLTY Or 17 I

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25( 2016/ 03) The ACORD name and logo are registered( narks of ACORD 2' 0 3 3959
AGENCY CUSTOMER ID: WAYMAKE- 01
LOG Ix:

ACC? RV ADDITIONAL REMARKS SCHEDULE Page 1 of 1

AGENCY NAMED INSURED
Arthur J. Gallagher& Co. Waymakers
1221 E. Dyer Road, Sulle 120
i POLICY HUMBER Santa Ana, CA 92705

CARRIER NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORMTITLE: CERTIFICATEOF LIABILITYINSURANCE with respect to the operations of the named insured per the attached Form NIAC-E61 02 19 that provides Additional Insurance, Primary& Non-Contributory for Public Entities. Endorsement to follow.
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ACORD 101 ( 2008101) 0 2008 ACORD CORPORATION, All rights reserved, The ACORD natne and logo are registered marks of ACORD
T of 3 3959
City of Huntington Beach
2000 Main Street Huntington Beach, CA 92648
714) 536- 5227 • www. huntingtonbeachca. gov
Office of the City Clerk
Robin Estanislau, City Clerk
February 9, 2021
Waymakers
Attn: Ronnetta Johnson
1221 E. Dyer Road, Suite 120
Santa Ana, California 92705
Dear Ms. Johnson:

Enclosedisa copyofthe "ProfessionalServicesContractbetweentheCityof Huntington Beach and Waymakers for Victim and Witness Assistance Services" approvedbytheHuntingtonBeachCityCouncilonJanuary19, 2021.

Sincerely,
Robin Estanislau, CMC
City Clerk
RE: ds
Enclosure
Sister Cities: Anjo, Japan Waitakere, New Zealand

City Council/Public Financing AuthorityFebruary 7, 2023

City Council/Public Financing Authority
February 7, 2023