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HomeMy WebLinkAboutPsychological Services Consulting Associates, Inc. - 2019-07-18 AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSYCHOLOGICAL SERVICES CONSULTING ASSOCIATES, INC. FOR PSYCHOLOGICAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "CITY,"and PSYCHOLOGICAL SERVICES CONSULTING ASSOCIATES,INC.,a California Corporation,hereinafter referred to as"CONSULTANT." WHEREAS, City and Consultant are parties to that certain agreement,dated July 18,2019,entitled"Professional Services Contract Between the City of Huntington Beach and Psychological Services Consulting Associates,Inc."which agreement shall hereinafter be referred to as the"Original Agreement";and City and Consultant wish to amend the Original Agreement to increase the term, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until July 17,2023. 2. REAFFIRMATION Except as specifically modified herein,all other terms and conditions for the Original Agreement shall remain in full force and effect. 22-11200/280871 1 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,2022. d PSYCHOLOGICAL SERVICES CITY OF HUNTINGTON BEACH, a CAN SULTING ASSOCIATES, INC. municipal corporation of the State of yR California a 6aQivah I P(4'bA6PP print name C e of Police ITS: (circle one) hairma esident/Vice President AND APPROVED O FORM: By . I I Mti►�r r 6, a l 6 0 h '�kb A PP it Attorney print name ITS:(circle one) ecret /Chief Financial CEIVE AND FILE: Officer/Asst.Secretary-Treasurer w City Clerk !S 22-11200/280871 2 Account Number: CA PSYC 1870 Date: 7/19/22 Initials : JLL CERTIFICATE OF INSURANCE ALLIED WORLD INSURANCE COMPANY C/O: American Professional Agency, Inc. 95 Broadway, Amityville, NY 11701 800-421-6694 This is to certify that the insurance policies specified below have been issued by the company indicated above to the insured named herein and that, subject to their provisions and conditions, such policies afford the coverages indicated insofar as such coverages apply to the occupation or business of the Named Insured(s) as stated. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE. Name and Address of Named Insured: Additional Named Insureds : PSYCHOLOGICAL CONSULTING GINA L. GALLIVAN, PH.D ASSOCIATES, INC. 10940 WILSHIRE BLVD SUITE 1600 LOS ANGELES CA 90025 Type of Work Covered: PROFESSIONAL PSYCHOLOGIST Location of Operations : N/A (If different than address listed above) A ROVED AS TO FORM Claim History: By: y"M L E. G S CITY ATTORNEY Retroactive date is 04 15 2002 CITY OF HUNTINGTON BEACH Policy Effective Expiration Limits of Coverages Number Date Date Liability PROFESSIONAL/ 1, 000, 000 LIABILITY 5011-2743 4/15/22 4/15/23 3 , 000, 000 NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED, WHO SHALL ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE OF CANCELLATION. Comments: THE COMPANY WILL NOTIFY THE CERTIFICATE HOLDER OF ANY TERMINATION OF COVERAGE AND FAILURE TO RENEW WITHIN 30 DAYS, HOWEVER, FAILURE TO GIVE SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY UPON THE COMPANY OR THE UNDERSIGNED. This Certificate Issued to: Name: THE CITY OF HUNTINGTON BEACH 2000 MAIN ST Address: HUNTINGTON BCH CA 92648 Authorized Representative APA 00138 00 (06/2014) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSYCHOLOGICAL SERVICES CONSULTING ASSOCIATES, INC. FOR PSYCHOLOGICAL 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 Psychological Consulting Associates, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide psychological services as requested; 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 Gina Gallivan,Ph.D.,who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 19-7725/207738 agree/surfnet/professional svcs to$49 05/19-204132 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on -1ji11/q I Z , 20 1? (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 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 Forty Five Thousand Dollars ($45,000). 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. 19-7725/207738 agree/surfnet/professional svcs to$49 05/19-204132 2 of 11 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS 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. 19-7725/207738 agree/surfnet/professionalsvcs to$49 05/19-204132 3 of 11 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: "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 19-7725/207738 agree/surfnet/professional sves to$49 05/19-204132 4 of 11 CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 19-7725/207738 agree/surfnet/profession at Svcs to$49 05/19-204132 5 of 11 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. 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 19-7725/207738 agree/surfnet/professional svcs to$49 05/19-204132 6 of 11 payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or 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 19-7725/207738 agree/surfnet/professional svcs to$49 05/19-204132 7 of 11 financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Psychological Consulting Associates, Inc. ATTN: Kristin Miller 10940 Wilshire Blvd., Suite 1600 2000 Main Street Los Angeles, CA 90024 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19-7725/207738 agree/surfnet/professionalsvcs to$49 05/19-204132 8 of 11 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. 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 19-7725/207738 agree/surfnet/professional sves to$49 05/19-204132 9 of 11 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. 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. 19-7725/207738 agree/surfnet/profession alsvcsto$49 05/19-204132 10 of 11 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 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 19-7725/207738 agree/surfnet/professional sves to$49 05/19-204132 11 of 11 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 municipal corporation of the State of Psychological Consulting Associates,Inc. California By: t50a aa 1 ow i4c�P1� D��eeterf (Pursuant To HBMC�3.03,100) print name ITS; (circle one)Chairma Pr en ice President .APPROVED AS TO FORM: AND By: City Attorney ,W print name Date ITS: (circle one)Secretary<ajef Financ�r/Asst. Secretary-Treasurer RECEIVE AND FILE: City Clerk Date 19-7725/207738 agree/surrnct/professional sres to$49 05/19-204132 12 of 11 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 municipal corporation of the State of Psychological Consulting Associates, Inc. California By: / Dir-ee ref f (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/President/Vice President APPROVED AS TO FORM: AND By: City Attorney -W print name to ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: C®UI ^3 L City Clerk Date \may 19-7725/207738 agree/surfnet/professional svcs to$49 05/19-204132 12 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) In an effort for the Huntington Beach Police Department to hire quality personnel that will serve the public, it is essential to properly screen candidates during the hiring process. The Police Department requires a careful and complete screening of all candidates for employment, which includes a psychological evaluation for sworn police officers and certain classes of civilian employees. The CITY of Huntington Beach has proposed to enter into a contract with a licensed professional to administer and evaluate pre-employment psychological tests. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. The CONSULTANT will schedule with the candidate to conduct the evaluation. The evaluation will take place at the CONSULTANT's office or a mutually agreed upon location 2. The CONSULTANT will provide the Police Department with a written report of each evaluation. 3. The CONSULTANT will make themselves available for consultation with Police Department staff when requested. 4. The CONSULTANT will conduct pre-employment psychological examinations for sworn and selected civilian candidates of the Police Department throughout the duration of the contract. 5. The CONSULTANT will provide fitness for duty evaluations on Police Department employees and other psychological services on an as needed basis. 6. The CONSULTANT will provide tactical decision making and stress management training when requested to do so. 7. The CONSULTANT will provide ongoing training to the Police Department's Trauma Support Team when requested to do so. The training will include psychological debriefing techniques. 8. The CONSULTANT will attend periodic Trauma Support Team meetings when requested to do so. 9. The CONSULTANT will provide psychological therapy and debriefing services for Police Department employees when requested to do so. 10. The CONSULTANT will provide psychological crisis intervention for Police Department employees when requested to do so. 11. The CONSULTANT will maintain all appropriate professional licenses and certifications. 12. The CONSULTANT will invoice the Police Department on a monthly basis for services provided. 13. The CONSULTANT will provide worker's compensation insurance of not less than what is set forth by CITY contract provisions. C. CITY'S DUTIES AND RESPONSIBILITIES: EXHIBIT A 1. Pay consultant after an invoice is received from the consultant. 2. Review all reports submitted by the consultant. 3. Negotiate rates with consultant as necessary. 4. Provide overall review of the 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. These ongoing services will not have any costs that will be assessed beyond the contract period. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: $400 Psychological Evaluation (Includes grading, review of written psychological tests, in-person interview, evaluations, and documenting all results). The administration of written tests and facilitate the ordering and acquistion of testing materials will be included. Flat rate per evaluation. $0 To attend Police Recruit selection day $275 Psychotherapy (50 minute session) per person $112.50 Group Psychotherapy (80 minute sessions) per person $350 Annual Routine Debrief Individual per person $350 Emergency Call-Out (including travel time) per hour $450 Emergency Call-Out (between 9pm & 5am; including travel time) per hour $400 Fitness for Duty Evaluation per hour (4-5 hours needed) $350 Critical Incident Stress Debriefing per hour $300 Standard Lectures and Training per hour (2 hour minimum) $1,200 Standard Lectures and Training half day $2,400 Standard Lectures and Training full day $200 Trauma Support Team Training per person $2,800 Trauma Support Team Training full day, unlimited attendees B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: Exhibit B 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. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSYCHOLOGICAL SERVICES CONSULTING ASSOCIATES, INC. FOR PSYCHOLOGICAL 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 h i CERTIFICATE OF LIABILITY INSURANCE 9i10/201s) THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must 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 lieu of such endorsements. PRODUCER -- CONTACT NAME GROSSLIGHT INSURANCE INC/PHS talc"m.E.ty (866) 467-8730 FAX (888) 443-6122 250765 P: (866) 467-8730 F: (888) 443-6112 Opp IRL S: PO BOX 33015 INSURER(S)AFFORDING COV€R&GE NAICb SAN ANTONIO TX 78265 INSURER A: Sentinei zl^s Co LTD ._._-_ uvsupm INSURER a. PSYCHOLOGICAL CONSULTING ASSOCIATES INSURER C: INC.0 INSURER D: 10940 WILSHIRE BLVD STE 1600 INSURERe: LOS ANGELES CA 90024 INSURERF COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POI-ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. n, x 7YPE 0V iNSURANeet +rinr srrx rni.lcr r wr yrsn7s PO11CYNUMBER Pvr.t(Irr-+�P srsrmn/rt'11 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ,2 r 0 0 0,0 0 0 CLAIMS-MADE OCCUR L7AMAGE.TO RF.NTEI7 31 000 000 PREMISES Ea occMrrence r r A General. Liat1 X 7Z SBM Z 1037 10/07/2018 10/07/2019 MEDEXP(Any one Person) 10 0Q0 r PERSONAL&AW INJURY 52 r 000, 000 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE s4,000, 000 POLICY Jr-CT LOC PRODUCTS-COMPIOP AGG g 4 r 0 0 0 r 000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accidem) s2, 000,000 ANY AUTO OWNED SCHEDULED —�— BODILY INJURY(Per person) G 72 SE11, ZB1037 70/07/2010 10/07/2019 BODILY INJURY 'AUTOS ONLY AUTOS (Per accident) X HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY' AUTOS ONLY (Per accident) S UMBRELLA.LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS MADEAGGREGATE DE REr@lfn 7N S i $ rfUXZEdtSt!):rp°.Fh",f17)[Y.Y _..-_ -PER 0TR- aNp�tYtt)fPX51,NB)Lr77 ANY PROPRIETORIPARTNER/EXECLMVFYIN STATUTE ER E.L.EACH ACCIDENT OFFICERIMEMBE7R EXCLUDED? „yA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ If yes.describe under _ DE5CRIPTION OF OPERATIONS below E.L..DISEASE-POLICY LIMIT $ DESCMP77ON OF OPERATIONS/LOCATIONS/VEHIMI DRD 101.Additional Remarks Schedule,mxy he attached if moro space is roquired} Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form S30008 attached to p*t' VEDAST FORM _policy. r Bv: _ �Ic t_L E. GATES CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBE L I = ., )11VC�LL City Of Huntington Beach 13EFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS- Police Department AUTHORLMRlnPRESENrartvE 2000 MAIN STrg " ' HUNTINGTON BEACH, CA 92648 C�319B8-2D15 AGORb CORt5ORATION.All rights reserved ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Account Number: CA PSYC 1870 Date : 7/11/19 Initials : LUCILLEK CERTIFICATE OF INSURANCE ALLIED WORLD INSURANCE COMPANY C/O : American Professional Agency, Inc . 95 Broadway, Amityville, NY 11701 800-421-6694 This is to certify that the insurance policies specified below have been issued by the company indicated above to the insured named herein and that, subject to their provisions and conditions, such policies afford the coverages indicated insofar as such coverages apply to the occupation or business of the Named Insured(s) as stated. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE. Name and Address of Named Insured: Additional Named Insureds : PSYCHOLOGICAL CONSULTING GINA L. GALLIVAN, PH.D ASSOCIATES, INC. 10940 WILSHIRE BLVD SUITE 1600 LOS ANGELES CA 90025 Type of Work Covered: PROFESSIONAL PSYCHOLOGIST Location of Operations : N/A (If different than address listed above) Claim History: Retroactive date is 04 15 2002 Policy Effective Expiration Limits of Coverages Number Date Date Liability PROFESSIONAL/ 1, 000, 000 LIABILITY 5011-2743 4/15/19 4/15/20 3 , 000, 000 NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED, WHO SHALL ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE OF CANCELLATION. Comments: THE ADDITIONAL INSURED ON THIS POLICY IS : CITY OF HUNTINGTON BEACH POLICE DEPT/FIRE DEPT 200 MAIN ST. , PO BOX 70 HUNTINGTON BCH CA 92648 .�, This Certificate Issued to: Name: PSYCHOLOGICAL CONSULTING .- ASSOCIATES, INC. Address: 10940 WILSHIRE BLVD SUITE 1600 Au orized Representative LOS ANGELES CA 90025 APA 00138 00 (06/2014) JONATHAN ARDITTI, PSY.D. 949-294-1996 THE COUNSELING TEAM INTERNATIONAL 909-884-0133x225 PSYCHOLOGICAL CONSULTING ASSOCIATES 310-951-1282 SHAFFER PSYCHOLOGICAL INSTITUTE 310-548-6868 SUSAN SAXE-CLIFFORD, PH.D. ABPP APC 818-788-8005