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HomeMy WebLinkAboutAGMT - TRS & Associates: A Public Safety Consultant GroupCITY OF SEAL BEACH CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 22nd day of July, 2012, by and between the City of Seal Beach, a Municipal Corporation (hereinafter "CITY ") and TRS & Associates: A Public Safety Consultant Group (hereinafter "CONSULTANT "). A. Recitals. (i) CITY requires professional services of a qualified consultant to assist in the selection and recruitment of a new Police Chief ( "Work" hereinafter). (ii) CONSULTANT has now submitted a proposal for the performance of such services, pursuant to the terms and provisions hereof (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY with regard to the Work. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Administrator: The City Manager of CITY or his or her designee. (b) Scope of Services: The Scope of Services attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services "), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 2. Time of Completion: (a) The time for completion of the services is an essential condition of this Agreement. CONSULTANT shall prosecute regularly and diligently the Work in accordance with the agreed -upon schedule of performance set forth in Exhibit "A." CONSULTANT shall not be accountable for delays in the progress of its work caused by any condition beyond CONSULTANT's control and without the TRS & Associates City of Seal Beach • • fault or negligence of CONSULTANT. Delays shall not entitle CONSULTANT to any additional compensation regardless of the party responsible for the delay. (b) CONSULTANT shall supply copies of all requisite documents (hereinafter collectively referred to as "Documents ") as described in Exhibit "A," to CITY within the time specified herein. Copies of the Documents shall be in such numbers as are required by Exhibit "A." (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. Payment for Services: (a) CITY shall pay CONSULTANT a maximum sum of $13,300.00 for the performance of the services. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with Exhibit "A" either with respect to hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final Documents, and the Work is completed, acceptable in form and content to CITY. Final payment shall be made not later than 30 days after presentation of final Documents and acceptance thereof by CITY. 4. CITY Assistance to CONSULTANT: CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Reproducible copies of photographs and other information for inclusion in an informational brochure for the position, which CONSULTANT considers necessary in order to complete the Work. (c) Such information as is generally available from CITY files applicable to the Work. TRS & Associates City of Seal Beach 2 (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Records and Documents: (a) CONSULTANT shall maintain complete and accurate records with respect to time, sales. costs, expenses, receipts and other such information required by CITY that relate to the performance of services under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible to the Administrator. CONSULTANT shall provide free access to the Administrator at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts therefrom as necessary; and shall allow the inspection of all work, data, documents, proceedings, payroll documents, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original Documents notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at the CONSULTANT'S office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 6. Suspension or Termination: (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all work under this Agreement, unless the notice provides otherwise. If CITY suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the Agreement pursuant to this Section, CONSULTANT will submit an invoice to CITY pursuant to Section 3 and shall provide to CITY any and all Documents, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Default of CONSULTANT: (a) CONSULTANT's failure to comply with the provisions of this Agreement shall constitute a default. In the event CONSULTANT is in default for cause under the terms of this Agreement, CITY shall TRS & Associates City of Seal Beach 3 have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and CITY may terminate this Agreement immediately by written notice to CONSULTANT. If such failure by CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, the same shall not be considered a default. (b) If the Administrator CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, the Administrator shall cause to be served upon CONSULTANT written notice of default. CONSULTANT shall have ten (10) calendar days after service of said notice in which to cure the default by rendering satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this Section 8. The below -named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: To City: To Consultant: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attention: Jill Ingram, City Manager Ted Siara Executive Director TRS & Associates P.O. Box 1083 Yorba Linda, CA 92885 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 9. Insurance: (a) CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work TRS & Associates 4 City of Seal Beach • • hereunder by Consultant, its agents, representatives, or employees. Consultant shall provide City certificates of insurance in a form acceptable to City indicating the deductible and self - insured retention amounts and the expiration date of the policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of the policy. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than One Million Dollars ($1,000,000.00) per claim or occurrence, in accordance with the provisions of this section. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least One Million Dollars ($1,000,000.00) bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The commercial general liability policy shall name the City of Seal Beach as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. D. Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of One Million Dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non - owned, leased, and hired cars. 11. Deductibles and Self - Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City Administrator prior to commencing any work or services under this Agreement. At the option of the City Administrator, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, employees, agents or volunteers; or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim TRS & Associates City of Seal Beach 5 • • administration and defense expenses. (c) Prior to commencing work on the Work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom CONSULTANT may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. (d) In accordance with the provisions of California Labor Code § 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of § 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." (e) CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of non - compliance with any insurance requirement in no way imposes any additional obligations on CITY nor does it waive any rights hereunder in this or any other regard. (f) CONSULTANT may effect for its own account insurance not required under this Agreement. 10. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees ( "Indemnitees "), from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and /or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 11. Licenses /Certifications: At all times during the term of this Agreement, CONSULTANT shall keep and maintain, in full force and effect, all licenses or certifications required of CONSULTANT by law for the performance of the services described in this Agreement. 12. Legal Responsibilities: (a) Legal Requirements. CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. CONSULTANT shall at all times observe and comply with all such laws and regulations. Neither CITY, nor its elected or appointed officers, employees or agents shall be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section. TRS & Associates City of Seal Beach • • (b) Non - liability of City Officers and Employees. No elected or appointed officer, official, employee or agent of CITY shall be personally liable to CONSULTANT, or any successor -in- interest, in the event of any default or breach by CITY or for any amount which may become due to CONSULTANT or to its successor, or for breach of any obligation of the terms of this Agreement. (c) Undue Influence. CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any elected or appointed officer, official, employee or agent of CITY in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No elected or appointed officer, official, employee or agent of CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling CITY to any and all remedies at law or in equity. (d) No Benefit to Employees. No elected or appointed officer, official, employee or agent of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Work during his /her tenure, or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the Work performed under this Agreement. (e) Nondiscrimination. In connection with its performance under this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. CONSULTANT shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, or selection for training, including apprenticeship. 13. Patent /Copyright: (a) To the fullest extent permissible under law, and in lieu of any other warranty by CITY or CONSULTANT against patent or copyright infringement, statutory or otherwise, it is agreed that CONSULTANT shall defend at its expense any claim or suit against CITY on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and CONSULTANT shall pay all costs and damages finally awarded in any such suit or claim, provided that CONSULTANT is promptly notified in writing of the suit or claim and given authority, information and assistance at CONSULTANT'S expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of CONSULTANT. TRS & Associates City of Seal Beach 7 However, CONSULTANT will not indemnify CITY if the suit or claim results from: (1) CITY's alteration of a deliverable, such that CITY's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by CONSULTANT when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. (b) CONSULTANT shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof and CONSULTANT shall not be obligated to indemnify CITY under any settlement made without CONSULTANT's consent or in the event CITY fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at CONSULTANT's expense. If the use or sale of such item is enjoined as a result of the suit or claim, CONSULTANT, at no expense to CITY, shall obtain for CITY the right to use and sell the item, or shall substitute an equivalent item acceptable to CITY and extend this patent and copyright indemnity thereto. 14. Release of Information /Conflict of Interest: (a) All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without CITY's prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not, without written authorization from the Administrator or unless requested by CITY's City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any work or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena. (b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any work or property located within the CITY. CITY retains the right, but has no obligation, to represent CONSULTANT and /or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by Consultant. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response. 15. Damages: In the event CONSULTANT fails to submit to CITY the completed Work, together with all documents required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred dollars ($500.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses TRS & Associates City of Seal Beach 8 • • that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 16. Independent Contractor: The Parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 17. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 19. Authority to Execute: The person or persons executing this Agreement on behalf of CONSULTANT warrant(s) and represent(s) that he /she has the authority to execute this Agreement on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of CONSULTANI's obligations hereunder. 20. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Arty modification of this Agreement shall be effective only if it is in writing signed by all parties. "IRS & Associates City of Seal Beach ALL SIGNATURES APPEAR ON PAGE 10] 9 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Approved as to form: TRS & Associates City= of Seal Beach ATTEST: 10 CONSULTANT TRS & Associates Ted Siara Executive Director CITY OF Seal Beach eil . Ingram ity Manager TRS & Associates City of Seal Beach Exhibit A Proposal Dated May 31, 2012 11 t TRS & Associates A Public Safety Consultant Group May 31, 2012 s Jill Ingram, City Manager City of Seal Beach 211 8`h Street Seal Beach, California 90740 Dear Ms. Ingram: P.O. Box 1083 Yorba Linda, California 92885 . Phone: 714 - 801 -2428 Fax: 714-970-9399 E -mail: inFo@trsandassociates.com TRS & Associates: A Public Safety Consultant Group appreciates the opportunity to present this proposal to the City of Seal Beach to assist in the search and selection of a new chief of police. The City of Seal Beach is a special place. It has demonstrated a strength and an unyielding spirit of "community" that has been an inspiration and model for others to follow. The next chief of police must embody that spirit and embrace the principles and values that are so clearly evident in the City of Seal Beach.: TRS & Associates provides consulting and executive search services to municipal and county governments. Our consultants are experienced public safety professionals; many, have served at the executive level of agencies of all sizes. Consultants have a deep understanding of the traits and cultures unique to the law enforcement profession. Recent public safety projects included the search and selection of a chief of police, an organizational overview of police practices, an analysis of evidence processes, multi -city consolidation of Special Weapons and Tactics Teams. (SWAT), multi city consolidation of jail operations, city /county consolidation of records and investigative services, sharing opportunities in complex jail operations, and studying the feasibility of an agency to engage in providing contract law enforcement services. As a relatively new company and after our successful search for a chief of police for the City of Placentia and the completion of multiple public safety projects, we have significantly increased our network of contacts throughout California. These contacts provide TRS & Associates with an opportunity to tap knowledgeable sources for potential police chief candidates. Our expectation is that we will identify a number of outstanding candidates that could lead the police department in continuing to provide exemplary service to the Seal Beach community. Initiation of Project TRS & Associates will develop a profile of the City and the police department. We will then meet with City representatives and discuss the scope of the project, timelines, and contact persons. Timelines. and, processes will be finalized. Scope of Services TRS & Associates will work with" Seal Beach City staff on all aspects of the search and selection process We will assess City administration and community stakeholders criteria for the position, develop a candidate profile, manage the search process, interview highly qualified applicants,' assist in the a gCr e I2 identification of community members on an advisory panel if requested, provide guidance and support to the panel, verify qualifications of finalists, facilitate the background investigation of the finalist, and assist in compensation negotiations with the finalist. Assessment In order to successfully identify candidates, TRS & Associates staff will conduct interviews and research to better understand the City's administrative operation, its' culture and the stakeholders criteria for the position. We will partner with City staff to conduct the following: • Interview members of the City's administration • Interview City Council members • Interview representatives of the Police Management Association • Interview representatives of the Police Officers Association Development of a Candidate Profile We will review information and data to produce a description of the knowledge, skills and capabilities desired in the chief of police. A focus will be on innovation and future needs of the City. Managing the Search and Selection Process Again emphasizing the partnership with the City in the search and selection process, we will perform the following: • Develop a strategy and timeline for implementing the search • Identify potential candidates, conduct personal outreach recruiting, prepare•a brochure and announcement, place announcement of the position in appropriate web sites and /or publications • Review applications, determine those meeting minimum qualifications and follow-up with telephone interviews where clarification of candidates experience is necessary • Prepare a written summary of candidates with the most promising qualifications • Conduct personal interviews of the top candidates. Verify selected candidates' background and check references provided - • Finalize the interview process and identification of community advisory panel participants. Coordinate candidates' participation in the interview. Develop questions and facilitate the advisory panel interviews. Submit finalist to the City Manager for selection • Conduct background investigation of candidate selected • Assist in the notification of applicants not selected • Assist City staff with compensation negotiations. Project Schedule TRS & Associates staff can initiate this project on July 23, 2012. Timelines are flexible and contingent on City staff and stakeholder availability, posting of position duration,' and completion of finalist background investigation. We anticipate the process will take approximately four months. The following is a tentative schedule: Pag 3 Week of 07/23/2012 Needs assessment Interviews 07/30/2012 Complete interviews, develop candidate profile 08/06/2012 Develop timeline for search, prepare announcement 08/13/2012 Initiate outreach, post announcements (application period thirty days) 09/17/2012 Review applications, prepare summary of qualifications of top ten candidates 10/01/2012 Conduct personal interviews of the top candidates and identify top four 10/22/2012 Community advisory panel conducts interviews 09/05/2011 11/05/2012 Finalists interview with City Manager 11/12/2012 Conduct background of selected candidate, assist staff with compensation negotiations Consultants. Ted Siara will be the principle consultant and project director. He will attend all meetings, conduct interviews and serve as the direct contact with the City. Ted will be assisted by Gregory Berg,a police management expert. The finalist background investigation will be conducted by an independent firm specializing in police investigations. Ted Siara Ted Siara is the founder and Executive Director of TRS & Associates. He served for more than 31 years with the Los Angeles Sheriff's Department, nine years at the executive level. Ted held the rank of commander and oversaw the policing services in multiple incorporated and unincorporated communities. He gained a reputation as an innovative leader with expertise in establishing and revitalizing Community Based Policing Programs. Ted was one of the Sheriff's Department's Tactical Commanders and commanded the Department's Training Bureau, overseeing training for its nearly 10,000 sworn members. Ted currently is an instructor and the coordinator of the Peace Officer Standards. and Training (POST) three week Management Course presented by the San Diego Regional Training Center. He is also an instructor with the Regional Community Policing Institute Los Angeles. Ted holds a MS degree in Emergency Services Administration from California State University at Long Beach and a BS degree in Law Enforcement Administration from Western Illinois University. Gregory Berg Gregory Berg is a former Deputy Chief with the Los Angeles Police Department where he served as the commanding officer of one of the Department's four geographic operations bureaus. He held numerous command positions including the Anti- Terrorism Division, Vice, Narcotics and Internal Affairs Group. Gregory developed the Compstat accountability model for the Department. He currently serves as the Director of Community and Safety Services for the City of Cerritos. Gregory holds a PHD in Public Administration from the University of LaVerne and a MS degree in Public Administration from the University of California. Financial Proposal Financial considerations to conduct the search and facilitate the selection process for the chief of police position are $13,300. Costs include 124 hours of staff time eighteen hours for the Assessment Phase, eight hours for the Development of a Candidate Profile, and ninety -eight hours for the Management of the Search and Selection Process. Costs also include advertising expenses, and finalist background Investigations fees. Costs do not include travel and lodging arrangements for candidates, preparation of offer and employment contracts, and out of area travel costs related to the background investigation of finalist. We know that there are many qualified consultant groups that can provide this service. We believe we stand apart of our extensive experience and contacts in the police profession. We hope that this proposal meets your expectations. If you have any questions please contact me at (714) 801 -2428 or by email at tssiara @trsandassociates.com. Sin rely, Ted S. Siara Executive Director . . • • Commercial Certificate of Insw-ance : , nA FARMERSj j (\geld V 1 ' -- . 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Cal age Liithiliiv l 1 i Cmage Aggftgate , S 1 i Umbrella Liability I Limit i Workers' Compensation Statutory 1 i Eaeli Ant'dent t ::. • and Diusise re ii eiuyiuur s Employers liability tusc;■sc-ISErs.Liao I , . Descliptioti a Opel arm'is/Velliclits/Resirict ions/Special hymns: LOCA [ION: n222 SADDLITTREI: I.N. YOltRA LINDA.CA 92886 : Endorsement -III,„wri,icABLE,\\ILI, 131: Din,i\:FRED \\tun 1 pruc.\,), City of Sen1 Reach is t mined :Is an AILDEFIONAL INSURED Certificate Holder Cancellation . CITY(..)1:SEAL likAU1 I Should any of the:thine des(lilted ponies he canrvIled belt ay Ote tAigtation chin i\;mil' • 4211 8T1I SI ItLET thyieni.Ow issuing ompany will dittemor to Mail 30 days written nonce in the sp:Ai, BEACH.CA 90740 rytrificakt holder named to d di.but Wale it)mail sorb 11,,df c.,hall ingltne 110 Addre!,, • obligation in liali iy.---- ki.tnpptm d(1 i pat 124 ip agrid,or iepIrwld,divv., AtidDiliZed leilit”,Idila I hi' ‘.... I Copy Distribution: Service Center Copy and d\ti,entis Copy lilt I • etv H ISCOv HISCOX INSURANCE COMPANY INC. (A Stock Company) 233 North Michigan Avenue, Suite 1840 Chicago Illinois 60601 Certificate of Professional Liability Insurance This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured.It does not grant any rights to any party nor can it be used,in any way,to modify coverage provided by such policies.Alteration of this certificate does not change the terms,exclusions or conditions of such policies. Coverage is subject to the provisions of the policies,including any exclusions or conditions,regardless of the provisions of any other contract,such as between the certificate holder and the Named Insured.The limits shown below are the limits provided at the policy inception.Subsequent paid claims may reduce these limits. Named Insured: TRS and Associates • Insurer Name: Hiscox Insurance Company Inc. Policy Number: UDC-1236325-EO-12 Policy Effective Date: January 03,2012 Policy Expiration Date: January 03,2013 Limits of Insurance Each Claim: $1,000,000 Each Claim Aggregate for all Claims: $1,000,000 Aggregate for all Claims Deductible: 1$2,500 Each Claim Retroactive Date: July 01,2010 The policy referred to in this certificate was issued on a claims made and reported basis. Description of Endorsements/Special Provisions Not applicable July 10, 2012 Authorized Representative Date - DPL C001 CW(01/10) Includes copyrighted material of Insurance Services Office, Inc.,with Page 1 • its permission. ©ISO Properties, Inc.,2000 • • • rage 1 or (67a1Zt PERSONAL AUTO RENEWAL Century POLICY DECLARATION EFFECTIVE 04/01/12 insurance Account: 21ST CENTURY INSURANCE Named Insured and Mailing Address Customer Service Center: 5 21st CENTURY INSURANCE 0 21ST CENTURY PLAZA THADDEUS S SIARA P.O.BOX 15510 ROBING SIARA WILMINGTON,DE 19850-5510 ° 6222 SADDLETREE LN YORBA LINDA,CA 92586-5802 Policy No: 34015 35 o - Policy Period: From 04/01/12 o To 10/01/12 12:01 AM Standard Time yehide(s)and Dri6er(s) _,,�. r " ' -.' •' •* Veh Year Make/Model` ., " •'Vehicle ID Number Use . Vehicle Discounts/Comments , •Zip Milear 1 04 TOYOTA4RUNNER SRS/SPORT ED JTEZU14R348022507 W MCDtGD 92886 9,02" 2 05 BMW 5251 WBANA53565B864776 W MCD\GD 92886 7,501 3 08 TOYOTACOROLLACELEIS 1NXBR32E08Z034397 P MCD\GD 90034 13,911 Years:- Veh Rated Driver - ' -_Tickets Chargeable Accidents Driver Discounts Y f" Licensed 2 ROBIN SIARA - 36 0 GDD\SD5 1 THADDEUS SIARA 42 0 GDD\SD5 3 ANDREW SIARA 09 0 GDD\SD5 COVERAGE IS PROVIDED WHERE A PREMIUM AND A LIMIT OF LIABILITY ARE SHOWN FOR THE COVERAGE Coverage Limit of Liability -' Premium . . -. - .+;, _. _ �,. • _.-_ - °?,. .:;. _ .. Veh1_ ^:. Yeh2 .. "_ _Veh3 _: A. Bodily Injury Liability $500,000 each person includes$090 per vehicle fraud fee $1,000,000 each accident $ 136.00 $ 59.00 $ 153.0( B. Property Damage Liability $100,000 each accident S 81.30 $ 67.00 $ 1.36.0( C. Medical Payments $5,000 each person $ 13.00 $ 19.00 $ 44.01 Uninsured Motorist $500,000 each person D. Bodily Injury $1,000,000 each accident $ 19.00 $ 25.00 $ 58.0( DAMAGE TO YOUR VEHICLE Veh 1 Veh 2 Veh 3 _ Actual Cash Value Less Deductible Ded. Ded. Ded. _ E. Comprehensive $500 $500 $500 $ 13.00 $ 23.00 $ 45.01 F. Collision $500 $500 $500 $ 67.00 $ 115.00 $ 293.01 Uninsured Motorist 01. Property Damage DED WAIVE Del) WAIVE DED WAIVE $ 5.00 $ 5.00 $ 5.01 21st Century G. Security Advantage $75 each disablement Included Included Included Rental Per day H. Reimbursement max - - J. Additional Equipment Included $1,000 $1,000 $1,000 The first$1000 is automatically Additional included with coverage E or F. Total $1,000 $1,000 $1,000 Additional coverage is optional. $ 0.00 $ 0.00 $ 0.01 Total Premium Per Vehicle $ 334.00 $ 313.00 $ 734.01 If the installment bill plan is used,a service charge may apply. Total Premium Endorsement(s)/Agreement(s)Applicable: FPN-a 0711 TCU-1 (01/09)r TCU511CA(02/11) TCU531 (01/10) AU CWF9 1011 Loss Payee(LP),Additional Insured(Al) Drivers Not Rated Veh 2 LP Credit Union Of So C Veh 4 LP BMW FINANCIAL SRVS THEFOLLOWING,FEE(S)MAY.APPLY: _.; " -; 1 V V ' LATE $500-;' (N PAYMENT RETURNED SF): - !$10.00 02/24/12 • sCANCEL $50 00 INSTALLMENT BILL PLAN SERVICE CHARGE:$4.00 Vice President WHEN ATTACHED TO THE PERSONAL AUTO POLICY,THESE DECLARATIONS COMPLETE THE POLICY AND REPRESENT THE CURRENT STATUS OF YOUR COVERAGES AND LIMITS OF LIABILITY. Visit 2lst.com to make policy changes,pay your premium,and more. Register online today!For Customer Care call 1-800-241-1188. TCU41CA (01/10) 21st Century Insurance Company,P.O.Box 15510,Wilmington.DE 19886-5292 • • / ' ® DATE(MMIDOIYVYY) A�o CERTIFICATE OF LIABILITY INSURANCE 7/5/2011 PRODUCER SullivanCurtisMonroe Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 251 S. Lake Ave., Suite 150 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pasadena, CA 91101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License#0E83670 626-792-5522 wwW.SullivanCurtisMonroe.com 626-792-6111 INSURERS AFFORDING COVERAGE NAIC# INSURED McGrath Rentcorp INSURER A: Liberty Surplus Mobile Modular Management Corporation, TRS INSURER B: Hartford Fire Insurance Company Rentelco INSURER c: Liberty Insurance Underwriters 5700 Las Positas Road INSURER D: United States Fire Insurance Livermore CA 94550 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDYYYI DATE IMM/D /Y DYYYI A GENERAL LIABILITY DGLLA2071495 4/30/2011 4/30/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED ✓ COMMERCIAL GENERAL LIABILITY Ded.$10,000 PREMISES(Ea occurrence) $ 300,000 CLAIMS MADE ✓ OCCUR MED EXP(Any one person) $ 10,000 ✓Contractual PERSONAL BADV INJURY $ 1,000,000 ✓XCU included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —1 POLICY II PRO LOC JFOT B AUTOMOBILE LIABILITY 72UENKR1024 4/30/2011 4/30/2012 COMBINED SINGLE LIMIT ✓ ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ _✓ HIRED AUTOS BODILY INJURY $ _✓ NON-OWNED AUTOS (Per accident) ✓ COMP$1,000 PROPERTY DAMAGE $ ✓ COI)$1,000 Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ C EXCESS/UMBRELLA LIABILITY EXCLA207834-3 4/30/2011 4/30/2012 EACH OCCURRENCE $ 20,000,000 ✓I OCCUR CLAIMS MADE AGGREGATE $ 20,000,000 DEDUCTIBLE _ $ RETENTION $ S D WORKERS COMPENSATION 4087024146 7/1/2011 7/1/2012 TORT - 0TH- AND EMPLOYERS'LIABILITY ✓ TORY LIMITS ER ANYCER/MEPROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re:Municipal Service Center With Respects to the operation of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Seal Beach, City of DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30• DAYS WRITTEN Attn: Dept. of Admin Services NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 211 8th St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Seal Beach CA 90740-0000 REPRESENTATIVES. •10 Days for Non-Payment of Premium. AUTHORIZED REPRESENTATIVE Mary Tang tvJ ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. CERT NO.: 10607853 CLIENT CODE: MCGRARENI Nancy Cadwallader 7/5/2011 3:02:27 PM Page 1 of • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) • CERT NO.: 10607853 CLIENT CODE: MCGRAREN1 Nancy Cadwallader 7/5/2011 3'.02:27 PM Page 2 of 3 CERTIFICATE ATTACHMENT • DATE ISSUED 7/5/2011 NAMED INSURED: McGrath Rentcorp Mobile Modular Management Corporation, TRS Rentelco 5700 Las Positas Road Livermore CA 94550 Named Insured Continued: TRS Environmental Mobile Modular Portable Storage ecensonhlna' CERTIFICATE ATTACHMENT CERT NO.: 10607653 CLIENT CODE: MCGRARENI Nancy Cadwallader 7/5/2011 3:02:27 PM Page 3 of 3