HomeMy WebLinkAboutPsychological Consulting Associates, Inc. - 2024-01-18 (2) PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
PSYCHOLOGICAL 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 Psychology Consulting Associates, Inc., a Corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide psychological
services; 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.,A.B.P.P 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.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on J Are 'P ,20 ALI (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
(3) three 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 Twenty Thousand Dollars ($20,000).
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.
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
CONSULTANT hereby agrees to protect,defend,indemnify and hold harmless CITY,
its officers,elected or appointed officials,employees,agents and volunteers from and against any and
all claims, damages, losses, expenses, judgments, demands and defense costs (including, without
limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of
or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or
alleged negligent)performance of this Agreement or its failure to comply with any of its obligations
contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss
_ or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT
will conduct all defense at its sole cost and expense and CITY shall approve selection of
CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as limitation upon the amount of
indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and fiurnish 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
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
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
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:
TO CITY: TO CONSULTANT:
City of Huntington Beach Psychological Consulting Associates,Inc.
ATTN: Fire Chief 10940 Wilshire Blvd, Suite 1600
2000 Main Street Los Angeles, California 90024
Huntington Beach, CA 92648 Attn: Gina Gallivan,Ph.D.,A.B.P.P
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 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.
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
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
Psychological Consulting Associates, Inc. munic',,.. i rporation of the State of
Califo 751.
By: / VtglAtii4A,Pkb AISPP L- II i va.n , Pti0,kSPP ayor
print name
ITS: (circle one)ChairmanCesidecy9/Vice President 9 ' I '
City Clerk gift .'
AND
By - ' INITIATED AND APPROVED:
6 t. Gal ,'van ,Pkb, P
print name Fire Chief
ITS: (circle one) ecret /Chief Financial Officer/Asst.
Secretary-Treasurer
REV AN PR V D:
City Manager
APPROVE •
City Attorney
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
In an effort for the Huntington Beach Fire Department to hire quality personnel that will serve the
public, it is essential to properly screen candidates during the hiring process. The Huntington Beach
Fire Department requires careful and complete screening of all candidates for employment,which
includes a psychological evaluation for sworn personnel. The Huntington Beach Fire Department
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:
Four areas of psychological resources shall be provided:
1. Training and Consultation Services
2, Psychological Evaluations: Pre-Employment and Fitness for Duty
3. Psychotherapy. To provide clinical services to department employees for both traumatic and
cumulative work stress.
4. Emergency on-call services available 24 hours per day 7 days per week for Critical Incident
Stress Debriefings.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Refer candidates for employment to the CONSULTANT for psychological services.
2. Pay CONSULTANT after an invoice is received from CONSULTANT.
3. Review all reports submitted by CONSULTANT.
D. WORK PROGRAM/PROJECT SCHEDULE:
Services will be assigned to CONSULTANT on an as-needed basis.
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:
Psychotherapy(60-minute session) $289.60 per person
Group Psychotherapy(80-minute sessions) $118.00 per person
Pre-Employment Psychological Screening $462.00 per person
Annual Routine Debrief Individual $404.00 per person
Emergency Call-Out(including travel time) $404.00 per hour
Emergency Call-Out(between 9pm&Sam;including $472.00 per hour
travel time)
Fitness for Duty Evaluation $500.00 per hour(4.5+hrs
needed)
Critical Incident Stress Debriefing (including travel $404.00 per hour
time)
Standard Lectures and Training $367.50/hr,2hr.min
$1,4701/2day$2,940 full day
Trauma Support Team Training $225.00 per person at various training sites or
$3,400 full day at your department with unlimited
employees
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for'the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance.with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit"A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
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.
COPOR:t TE RESOLUTION OF SIGNING AUTHORITY
WHEREAS, the Corporation is determined to grant signing and authority to certain
person(s) described hereunder.
RESOLVED, that the Board of Directors is hereby authorized and approved to
authorize and empower the following individual to make, execute, endorse and
deliver in the name of and on behalf of the corporation, but shall not be limited to,
any and all written instruments, agreements, documents, execution of deeds,
powers of attorney, transfers, assignments, contracts, obligations, certificates and
other instruments of whatever nature entered into by this Corporation.
Name: Gina L. Gallivan, Ph.D., ABPP
Position/Title: President / Chief Executive Officer
Telephone Number: (424) 289-0299
Email Address: pcaincorporated@gmail.com
Signature: xtirxn Pkobfttf f
The undersigned certifies that she is the properly elected and qualified Secretary of
the books, records and seal of Psychological Consulting Associates, Inc., a
corporation duly conformed pursuant to the laws of the state of California, and that
said meeting was held in accordance with state law and with the Bylaws of the
above-named corporation.
This resolution has been approved by the Board of Directors of Psychological
Consulting Associates, Inc (Company) on December 1, 2024.
I, as authorized by the Company, hereby certify and attest that all the information
above is true and correct.
1--6444--- 91,444— (114-,6 tr
cretary
Gina Gallivan, Ph.D., A.B.P.P.
PSYCHOLOGICAL CONSULTING ASSOCIATES,INC.
LICENSE NUMBER PSY 18184
10940 Wilshire Boulevard,Suite 1600
Los Angeles,California 90024
www.helpforpolice.com
pcaincorporated@gmail.com
Office(424)289-0299 fax(310)443-4162
July 26, 2024
City of Huntington Beach
Attn: Bonnie To, Fire Dept
2000 Main Street
Huntington Beach, CA 92648
Subject: Signatures Request-Psychological Consulting Associates Inc.
Dear Ms. To:
Pursuant to your request, attached are two original sets of wet signature agreements for the
Professional Services Agreement between the City of Huntington Beach and Psychological
Consulting Associates, Inc.
I look forward to the opportunity to provide quality service to your department.
Respectfully Submitted,
k V,� xQ�c�,,��4PP
Gina L. Gallivan,I Ph.D., ABPP, President/CEO
Psychological Consulting Associates, Inc.
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POLICY No. :" 561-60110.121.4a IsttIED, ttY.:! PSYCHOLOGICAL CONSULTING
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AUTHORIZED gEPOSENTATIVE:
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to�o� . ........... City of Huntington Beach
‘k 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 • www.huntingtonbeachca.gov
tik
�F -`\. Office of the City Clerk
C0UNT' 4 B Robin Estanislau, City.Clerk
August 21, 2024
Psychological Consulting Associates, Inc.
Attn: Gina Gallivan, Ph.D., A.B.P.P.
10940 Wilshire Blvd., Suite 1600
Los Angeles, CA 90024
Dear Ms. Gallivan:
Enclosed is a fully executed duplicate original of the Professional Services Contract
between the City. of Huntington Beach and Psychological Consulting Associates, Inc. for
Psychological Services.
Sincerely,
0/4(4U 9'6714#14.441)
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister City: Anjo, Japan