HomeMy WebLinkAboutWaymakers - 2020-07-01 AWVED -7 D
City of Huntington Beach
File #: 20-1688 MEETING DATE: 7/6/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Robert Handy, Chief of Police
Subiect:
Approve ad authorize execution of a three-year contract with Waymakers in the amount of
$335,405 for the management of the Juvenile Diversion Program
Statement of Issue:
City Council action is requested to approve a three-year contract with Waymakers for the
management of the Juvenile Diversion Program. Approval of the attached contract will renew this
agreement and allow payment to Waymakers for all future services provided under this contract.
Financial Impact:
Sufficient appropriations are available to fund the first year of the Waymakers contract under the
proposed budget for Fiscal Year 20/21 in Business Unit 10070203.69365. Future years will be
budgeted accordingly. Full payments toward the fixed-fee schedules are set forth herein:
Management of the Juvenile Diversion Contract - Year 1 : $108,090; Year 2: $111 ,730; Year 3:
$115,585.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and Waymakers for the Management of the Juvenile Diversion
Program."
Alternative Action(s):
Do not approve the agreement, and direct staff accordingly.
Analysis:
Since 1992, the Huntington Beach Police Department has contracted with Waymakers [formerly
known as Community Service Programs, Inc. (CSP)] to manage the Juvenile Diversion Program.
The Juvenile Diversion Program provides an alternative to the traditional justice system for those who
have committed less serious offenses. Referrals to the program come primarily from the Police
Department after detentions or citations involving juvenile offenders. These first-time offenders are
City of Huntington Beach Page 1 of 2 Printed on 7/1/2020
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File #: 20-1688 MEETING DATE: 7/6/2020
put in contact with Waymakers, which facilitates counseling, legal awareness workshops, community
service, and restitution service for those who have committed relatively minor crimes.
A Request for Proposals was conducted by the Finance Department for this professional service.
Waymakers was the only bid submitted. Their submission was evaluated by the Police Department
and found to meet the requirements of the Juvenile Diversion Program.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Professional Services Contract for Management of the Juvenile Diversion Program
2. City of HB Certificate of Insurance
City of Huntington Beach Page 2 of 2 Printed on 7/1/2020
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WAYMAKERS
FOR
MANAGEMENT OF JUVENILE DIVERSION PROGRAM
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 desires to engage the services of a consultant to manage the Juvenile
Diversion Program; 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 Ronnetta Johnson 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 2020 the "Commencement Date"). This Agreement
asn,.r by ntr% Aa/.?D,
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 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
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Three Hundred Thirty Five Thousand Four Hundred and Five Dollars
($335,405).
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 authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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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
A. 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.
B. To the extent that CONSULTANT performs "Design Professional Services" within
the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in
place of subsection A above:
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"CONSULTANT hereby agrees to 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,
notwithstanding the previous sentence, in the event one or more other defendants to the claims
and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as
provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
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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.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B., state that the policy is currently in force; and
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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 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
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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.
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:
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TO CITY: TO CONSULTANT:
City of Huntington Beach Ronnetta Johnson, Executive Director
ATTN: Mindy James Waymakers
2000 Main Street 1221 East Dyer Road, Suite 120
Huntington Beach, CA 92648 Santa Ana, CA 92705
(949) 250-0488
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
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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
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. 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.
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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.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that 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
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Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
CONSULTANT,
CITY OF HUNTINGTON BEACH, a
Waymakers municipal corporation of the State of
California
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
The City of Huntington Beach desires to provide short-term diversion and early intervention
services to youth ages 18 and under who are exhibiting pre-delinquent, emotional, behavioral or
school-related problem behaviors. This program will also provide services to youth that are victims
of abuse and sexual assault. Families are also incliuded to help prevent future law enforcement or
justice system involvement. Referrals will be received from the Police Department, local schools
and the community. A comprehensive approach is desired, which should include individual, family
and group counseling, anger management groups, drug, alcohol and tobacco education groups,
victim restitution, community service hours, legal awareness workshops, crisis intervention for at-
risk families and youths.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1) Program Director, who is a licensed family therapist, will provide program oversight, clinical
and administrative supervision for program staff, training, active case management and crisis
intervention support.
2) Counselor will process all referrals and provide the requested service and any others that are
deemed necessary.
3) In service training will be conducted for patrol officers, gang unit officers, narcotics officers
and any other units the Police Departments deem necessary one to two times per year.
EXHIBIT A
4) The counselor will work during evening hours at least one time per week, making him or
herself available until 9:00 p.m. to accommodate the needs of working parents.
5) Services of the counselor will be offered at the Police Department's main station on Main
Street.
6) Upon referral, the counselor will contact the family by phone as soon as possible to schedule
an assessment interview. The assessment will determine the needs of the youth and the family, the
appropriate intervention and resource.
7) When an intake assessment is complete, the counselor reviews the relevant issues, problems
and needs with the family and youth. Future appointments are scheduled on a case-by-case basis.
8) Realistic and appropriate treatment goals are established. Goals are developed with the
family and counselor. Intervention effectiveness will be measured against the targeted goal that is
to be achieved.
9) Counselors may refer families to outside resources as part of the treatment plan.
10) Counselors may terminate a case depending on the accomplishments of specified goals.
Termination procedures should be documented and meet any long term need of youth and family.
11) Termination of cases will be reviewed and supervised by clinical and administrative
supervision.
EXHIBIT A
12) A diversion specialist will coordinate the community service program. An intake
assessment will be completed on the youth. Relevant information will be gathered and considered
for placement at an appropriate site for community service hours.
13) The diversion specialist will develop community service sites, which are non-profit
organizations. The diversion specialist will train on-site staff, make on-site inspections to address
issues and answser questions, and help develop the hours and type of work performed by the youth.
The diversion specialist will ensure that the site work provides a good learning experience for the
youth.
14) The diversion specialist will monitor each case and check all related paperwork.
15) The contractor will provide worker's compensation for youth working in the community
service program.
16) A diversion specialist will coordinate the restitution program. An intake assessment will be
completed on the youth. The diversion specialist will contact the victim and to document and verify
the validity of a claim. For claims over$500, three estimates will be required. Once a claim is
completed, a payment schedule will be set.
17) A diversion specialist will handle all payment from the youth. When a payment is made, the
youth will be given a receipt. The contractor will submit the payments from the client to their
accounting divisions to be deposited in a restitution account. The contractor will forward a check to
the victim in order to protect the youth's confidentiality as required by law.
EXHIBIT A
18) A diversion specialist will also coordinate and conduct the legal education workshop. An
intake specialist will conduct assessment. The information on the location, date, time, and agenda
of the class will be relayed to the youth and their family. Workshops are a single three-hour
session. Each workshop can be designed to meet the needs of the participants. The curriculum
includes group discussion regarding the youth's offense and the family response, impact of crime on
victims, legal awareness education regarding juvenile laws, sealing of records, structure of the
juvenile justice system, educational videos, police jail tours, slides of juvenile hall, exercises on
choices and decisionmaking and consequences of delinquent acts. The parents will also receive
specific information regarding effective parenting skill, adolescent development and
communications guidelines.
19) The counselor will provide an asessment to youth that appear to be in need of
drug/alcohol/tobacco education. The counselor coordinates 6-10 youths in three, two-hour sessions
to increase the awareness of the reasons for and the consequences of drug/alcohol/tobacco use. If
follow-up sessions are necessary, the counselor will provide further referrals.
20) The counselor will assess the need for an anger management program. The counselor will
lead a group of 6-10 youths in three, two-hour sessions for aggression-related pblems. The gtroup
will help the youths increase awareness of the triggers of their anger and the consequences of
negative expressions of their anger. Effective communication skill, problem-solving techniques and
conflict resolution skills will be developed. The counselor will determine if follow-up programs are
necessary and will provide further referrals.
EXHIBIT A
21) The contractor will provide a 24 hours a day, 7 days a week professionally staffed help line
to help manage crisis situations.
22) The contractor will provide quarterly reports to the Police Department reflecting referral
data, client demographics and community outreach programs and any other statistics related of the
program. Additionally, the program staff will meet with the supervising Police Department unit's
staff member every six weeks to discuss the program activities and ongoing identification of
community needs.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1) Pay the contractor on a quarterly basis after an invoice is received from the contractor.
2) Review statistical reports submited by the program director.
3) Modify performance measures as the community needs change.
4) Negotiate rates and provide services with the contractor.
5. Provide overall review of the program.
D. WORK PROGRAM/PROJECT SCHEDULE:
These services will be conducted within the annual contract period. It is understandable that some
services will continue beyond the contract period if the services are on-going. These on-going
services will not have any costs that will be assessed beyond the contract period.
EXHIBIT A
EXHIBIT "B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be paid if such
time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to a full payment toward the fixed fee set forth herein in
accordance with the following:
Fiscal Year 20121 - $108,090
Fiscal Year 21122 - $111,730
Fiscal Year 22123 - $115,585
3. 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.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such
invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) 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
5) 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.
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.
1
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.
Exhibit B
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WAYMAKERS
FOR
MANAGEMENT OF JUVENILE DIVERSION PROGRAM
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
29 Effective Date.................................................................................I I
Client#:834176 WAYMAKERS
DATE(MM
ACORD,. CERTIFICATE OF LIABILITY INSURANCE IDDIYYYY)
TE(MM2o1s
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAME CONTACT Ray Thrall
USI Insurance Services LLC PHONE 949-790-9423
AIC No Ext: AtG No):
Lic#0311911 E-MAIL
ADDRESS raymond.thrall@usi.com
7535 Irvine Center Dr.Suite 250 INSURER(S)AFFORDING COVERAGE NAIC#
Irvine,CA 92618 INSURER A;NmProfits'Insurance Alliance of CA 36684
INSURED INSURER B:Liberty Mutual Fire insurance Company 23035
Waymakers
1221 E. Dyer Rd.,Suite 120 INSURERG:
INSURER D:
Santa Ana,CA 92705-5700
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR I S WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY
A X COMMERCIAL GENERAL LIABILITY X X 201912069NPO 10/01/2019 10101/2020 EACH OCCURRENCE $1 000000
DqMqI E T eENTED
CLAIMS-MADE X OCCUR NIL Deductible PREMI o. ,.nca $500 000
X Sexual Abuse$1 m/$1 M MED EXP(Any one person) $20 000
X Professional$1M1$3M PERSONAL&ADV INJURY $1000000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s3,000,000
POLICY JECOT a LOC PRODUCTS-COMP/OP AGG $3 000,000
OTHER: $
A AUTOMOBILE LIABILITY X 20191206SNPO 10/01/2019 10/01/202 COMBINED SINGLE LIMIT
Ea accident 1,000,000
X ANY AUTO $500 COMP Ded. BODILY INJURY(Per person) $
AUTOS ONLY AUTOSULED $500 COLL Ded. BODILY INJURY(Per accident) $
X HIRED ONLY X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY Per accident
$
A X UM13RELLALIAB X OCCUR X 201912069UMBNPO 10/01/2019 10/01/2020 EACH OCCURRENCE $10000000.
EXCESS LIAB CLAIMS-MADE AGGREGATE $10 000 000
DED I X RETENTION$$1 O 000 $
B WORKERS COMPENSATION X WC2641443907029 10/011201910/01/202 X PER OTH-
AND EMPLOYERS'LIABILITYSTATUTF ER
ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E.L.EACH ACCIDENT $1 00O 000
OFFICERIMEMBER EXCLUDED? N I A
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000 000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L,DISEASE-POLICY LIMIT $1,000,000
A Fiduciary 201912069NPO 10/01/2019 10/01/2020 $1,000,000 Limit
NIL Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required)
RE:Diversion Program.City of Huntington Beach,its elected or appointed officials,agents,officers,
APPROVED AS TO FORMemployees,and volunteers are named additional insured with respect to the operations of the namec0
insured per the attached Form NIAC-E610217 that provides Additional Insurance, Primary&Non-Contribu ry
for Public Entities. By:
MICHAEL E.GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER CANCELLATION'
City Of Huntington Beach POIICO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Department ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Main St
Huntington Beach,CA 92649 AUTHORIZED REPRESENTATIVE
P. <=+>r�
01988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 70
#S26801051/M26791413 SYWZP
This page has been left blank intentionally.
71
NONPROFITS
INSURANCE
ALLIANCE OF CALIFORNIA
A Head for Insurance.A Haart for Nanproflts. 2019- 12069
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE DEAD IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT
FOR PUBLIC ENTITIES
This endorsement modlfles insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION 11—WHO I5 AN INSURED Is amended to include any public entity as an additional insured for whom
you are performing operations when you have agreed in a written contract or written agreement that such public
entity 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:
1. Your negligent acts or omissions;or
2. The negligent acts or omissions of those acting on your behalf;In the performance of your ongoing
operations.
No such public entity Is an:addftional insured.for liability arising out of the"products-completed
operations hazard"or for liability arising out of the sole negligence of that public entity.
B. With respect to the insurance afforded to these additional Insured(s),the following additional exclusions
apply.
This Insurance does not apply to"bodily injury"or"property damage"occurring after:
1. All work, including materials,parts or equipment furnished in connection with such work,on the
project(other than service, maintenance or repairs)to be performed by or on behalf of the additional
insured(s)at the location of the covered operations has been completed;or
2. That portion of"your work"out of which injury or damage arises has been put to its intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
C. The following is added to SECTION III—LIMITS OF INSURANCE:
The.limits of insurance applicable to the additional Insured(s)are those specified in the written contract
between you and the additional insureds),or the limits available under this policy,whichever are less.
These limits are part of and not In addition to the limits of insurance under this policy.
D. With respect to the insurance provided to 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
(2) The coverage afforded by this insurance is primary and noncontributory with the additional
insured(s)'own insurance.
NIAC-E61 0217 Page 1 of 22.
Paragraphs(1)and(2)do not apply to other insurance to which the additional insured(s)has
been added as an additional Insured or to other insurance described in paragraph b.below.
b. Excess Insurance
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 temporarily occupied 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 insurance available to an additional insured($) under this Endorsement covering
liability for damages which are subject to this endorsement and for 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 insurance is 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 lass 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 any other 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 0217 Page 2 of 2
73
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
July 7, 2020
Waymakers
Attn: Ronnetta Johnson, Executive Director
1221 East Dyer Road, Suite 120
Santa Ana, CA 92705
Dear Ms. Johnson:
Enclosed is a copy of the fully executed "Professional Services Contract between the City of
Huntington Beach and Waymakers for Management of Juvenile Diversion Program"
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities. Anjo, Japan ♦ Waitakere, New Zealand
FOE
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINCTON BEACH
TO: Lyn Semeta, Mayor Huntington Beach
Jill Hardy, Mayor Pro Tern Huntington Beach
Patrick Brenden, Huntington Beach City Council Member
Kim Carr,Huntington Beach City Council Member
Barbara Delgleize, Huntington Beach City Council Member
Erik Peterson,Huntington Beach City Council Member
Mike Posey,Huntington Beach City Council Member
FROM: Chris Nesmith Lieutenant
Investigations Bureau Commander
DATE: July 2,2020
SUBJECT: Juvenile Diversion Contract
This memo is to inform the members of the Huntington Beach City Council that the
contract for handling the Juvenile Diversion Program was put out to competitive bid on
March 24,2020 and closed on April 14, 2020 per HBMC section 3.03. Two
organizations submitted a bid and Waymakers was selected due to their experience in the
matter and their financial proposal was much less than the competitor.
SUPPLEMENTAL
COMMUNICATION
Dom:
Apda Item No.:
Project d MANAGEMENT OF JUVENILE DIVERSION PROGRAM
Invitation W_ 2020r0414
Bid Posting CTY March 24,2020 10:47 AM (Pacific)
Project S Closed
Bid Due Dat»� April 14,2020 4:00 PM (Pacific)
Response Format Electronic only
C.inkto Project on Public Site htips:lA,wvw.planethicis.com/portal/portal.cfm?CompanylD=15340&Bid[0=69676
Reference ID
Project.Type RFP (Request For Proposal)
Response Types Response File,General Attachments
Type of Award Lump Sum
Gategaries 91866-Human Relations Consulting
91866-Human Resources Consulting
91867-Human Services Consulting(To Include Mental Health Consulting Services)
License Req�irernenis
Department Purchasing
< Address. 2000 Main Street,Huntington Beach, California
Corm Orange
Bid Valid
Liquidated Qama
Target Bltt Am none
Estimated Bid Va'"
Y starvoel'rvery Q`
Project Chu
Prevailing wage N o
Cooperative Bid.'No
Piggy4mrka6Ca No
eBid Notes
---- -Prefierenoes
Rest ttlion Typa None
Restricted To
Meeting InformsUon
PM-Bid Meeting No
s: