Agenda packet — Palm Springs City Council, June 29, 2023 (part 3 of 8)

and include, but are not limited to, placing the tower at the top deck at the end of a parking row, the facility to mimic other existing towers on site as an extension of the elevator shafts , and compliance with all applicable codes and laws, which will allow the project to meet the required finding.

THE PLANNING COMMISSION RESOLVES:

That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the Planning Commission hereby approves Case No. 5.1500, a Conditional Use Permit (CUP) for the construction of one (1) wireless communication facility on the top deck of the City parking garage to mimic existing elevator shafts and a new equipment shelter in the basement located at 283 South Indian Canyon Drive subject to the conditions set forth in the attached Exhibit A.

ADOPTED this 9th day of March, 2022
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS,

WEREMIUK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:

David Newell, AICP
Assistant Planning Director

CITY OF PALM SPRINGS, CALIFORNIA
Item 1K - Page 92 RESOLUTION NO. 6906 EXHIBIT A Case 5.1500 CUP Coastal Business Group (AT&T Wireless)
....
235 South Indian Canyonr---D ...... ri ..... ve-===~~~~~~~---~-------. AP N · 513-154-00 CITY OF PALM SPRINGS, CALIFORNIA, PLANNING DEPARTMENT . PLANNING COMMISSION APPROVAL
Date 1/1122 Cafe # ) · /0:)0 <.vPMarch 9, 2022 Reso No. 6 qo b Planner: c~

CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.

Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.

ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case

5.1500 CUP, except as modified by the conditions below.

ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped February 3, 2022, including site plans, architectural elevations and colors on file in the Planning Division except as modified by the approved by conditions below.

ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City, County, State and Federal Codes, ordinances, resolutions and laws that may apply.

ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory ag·encies, or administrative Item 1K - Page 93
Resolution No. 6906
Conditions of Approval
Cases 5.1500 CUP

Page 2 of 6 ends

March 9, 2022
officers concerning Case 5.1500 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs.

Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval.

Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit.

ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded.

ADM 9. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.

Violations may result in revocation of this Conditional Use Permit.

ADM 10. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers.

Item 1K - Page 94 Resolution No. 6906 Conditions of Approval · Cases 5.1500 CUP PLANNING DEPARTMENT CONDITIONS Page 3 of 6 March 9, 2022 PLN 1. Signage. Signage is prohibited on the exterior of the monopole structure.

PLN 2. Equipment Shelter. Proposed equipment shelter located in the basement shall be maintained in a good condition with all required conduit concealed.

PLN 3. City Lease. Applicant shall obtain and meet all requirements of lease approved by the City Council. If the lease agreement between the property owner and the City is not renewed, the CUP will become null and void, and the applicant shall remove the antenna and equipment to the satisfaction of the Direct or Development Services.

PLN 4. Outdoor Lighting Conformance. Exterior lighting shall conform to Section

93.21.00, Outdoor Lighting Standards, of the Palm Springs Zoning Code.

Manufacturer's cut sheets of all exterior lighting shall be submitted to the Planning Department for approval prior to the issuance of building permits.

No lighting of hillsides is permitted.

PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan.

PLN 6. Modification or Addition. If the communication antenna(s) or equipment cabinets are ever proposed to be modified in any manner such as the inclusion of other antennas, satellite dishes and I or other support equipment, the proposed modifications shall be submitted to the Director of Planning Services for review and approval prior to installation.

PLN 7. Obsolete Technology. If the technology regarding the communications antenna(s) changes in where the antenna(s) and I or equipment cabinets as approved become obsolete, then the antenna shall be removed.

PLN 8. Property Use and CUP. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application pursuant to Section 94.02.00(1) of the Zoning Code.

PLN 9. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be forty-eight (48') feet, as measured from finished grade to the highest point of the structure concealing the antennas.

PLN 10. Antenna Design. The antenna will be encased in a faux concrete textured structure that will mimic the existing elevator shafts. The entire enclosure will be sixteen (16') feet tall from the parking deck. There is an existing four (4') foot parapet that runs the entire length of the garage edge resulting in the structure being elevated fourteen (14') feet above the parapet. There shall be no alterations to the approved design without Planning Division approval.

Item 1K - Page 95
Resolution No. 6906
Conditions of Approval
Cases 5.1500 CUP

Page 4 of 6 ends

March 9, 2022
PLN 11. Use Abandonment. If the antenna(s) are ever abandoned or if this Conditional Use Permit ever expires, the antenna(s) shall be removed within 30 days.

PLN 12. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC).

Planning Commission Imposed Condition:

PLN 13. Add any new conditions.

POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code.

BUILDING DEPARTMENT CONDITIONS
General Conditions
BLDG 1. Shall comply with the latest adopted edition of the following codes as applicable:

A California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code
BLDG 2. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if dusts and/or pollutants will be discharged into the atmosphere.

BLDG 3. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

BLDG 4. Permits are required prior to the removal and/or demolition of structures.

BLDG 5. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

Specific Comments (NOTE: THESE COMMENTS ARE NOT CONDITIONS.}:

1. For more information related to Building & Safety, please visit our web Item 1K - Page 96 Resolution No. 6906 Conditions of Approval Cases 5.1500 CUP Page 5 of 6 March 9, 2022 page at http://www.palmspringsca.gov/government/departments/building. FIRE DEPARTMENT FID 1. These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.

FID 2. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements.

FID 3. Conditions of Approval - "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.

FID 4 Plans and Permits (CFC 105.1 ):

Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.

Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

Item 1K - Page 97
Resolution No. 6906
· Conditions of Approval
Cases 5.1500 CUP Page 6 of 6 March 9, 2022
FID 5. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

FID 6. Required access (CFC 504.1 ): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.

FID 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.

Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official.

FID 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex.

FID 9. Key Box Contents (CFC 506.1 ): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex.

END OF CONDITIONS
Item 1K - Page 98
Item 1K - Page 99
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AT&T MOBILITY
SITE NUMBER: CSL05482
SITE NAME: PALM SPRINGS PARKING GARAGE
PACE: #MRLOS034534 I FA: #140596111 USID: #266172
DRAWING INDEX REV.

M-CSL05482-T01 TITLE SHEET 0
M-CSL05482-A01 SITE PLAN 0 M-CSL05482-A01.1 PLAN VIEW - CONDUIT ROUTES 0 M-CSL05482-A02 EQUIPMENT & ANTENNA LAYOUT PLANS 0 M-CSL05482-A03 GENERATOR PLAN 0 M-CSL05482-A04 ELEVATIONS 0 M-CSL05482-B01 TOPOGRAPHIC SURVEY (FOR REFERENCE ONLY) 2 M-CSL05482-B02 TOPOGRAPHIC SURVEY (FOR REFERENCE ONLY) 2 M-CSL05482-B03 TOPOGRAPHIC SURVEY (FOR REFERENCE ONLY) 2 M-CSL05482-B04 TOPOGRAPHIC SURVEY (FOR REFERENCE ONLY) 2

CODE COMPLIANCE
** NOTE: ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THESE CODES.

NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES.

1. 2016 CALIFORNIA ADMINISTRATIVE CODE (CAC)

2. 2016 CALIFORNIA BUILDING CODE (CBC), VOLUMES 1, AND 2

3. 2016 CALIFORNIA ELECTRICAL CODE

4. 2016 CALIFORNIA MECHANICAL CODE (CMC)

5. 2016 CALIFORNIA ENERGY CODE

6. 2016 CALIFORNIA FIRE CODE (CFC)

7. 2016 CALIFORNIA GREEN CODE

8. 2016 CALIFORNIA REFERENCES STANDARDS CODE
CSL05482
1 .

2. 3.

4. 5.

6. 7.

8. 9.

10. 11 .

12. 13. 14.

DIRECTIONS

DRIVING DIRECTIONS FROM AT&T WIRELESS, TUSTIN

DEPART EDINGER AVE TOWARD RED HILL AVE
TAKE RAMP RIGHT FOR CA-55 N
KEEP STRAIGHT ONTO CA-91 E
AT EXIT 65B, TAKE RAMP RIGHT FOR CA-60 EAST TOWARD INDIO / SAN DIEGO KEEP STRAIGHT ONTO 1-215 S / CA-60 E KEEP STRAIGHT ONTO CA-60 E TAKE RAMP LEFT FOR 1-10 E
AT EXIT 111, TAKE RAMP RIGHT FOR CA-111 TOWARD PALM SPRINGS

KEEP STRAIGHT ONTO N PALM CANYON DR

TURN LEFT ONTO E ALEJO RD TURN RIGHT ONTO N CALLE ENCILIA TURN RIGHT ONTO E SATURNINO RD TURN RIGHT ONTO S INDIAN CANYON DR

ARRIVE AT S INDIAN CANYON DR
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E Alejo Rd E Tahquitz Canyon Way

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26 EXECUTIVE PARK I SUITE 170
PACE: #MRLOS034534 I FA: #14059611 I USID: #266172
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SCOPE OF WORK: SITE ADDRESS:

PROPERTY OWNER:

APPLICANT:

JURISDICTION:

APN:

CURRENT ZONING: CURRENT LAND USE:

NEW OCCUPANCY /USE: NEW CONST. TYPE LEASE AREA:

A/E
SAC
ZONING
RF
CONST

LL/OWNER
0 01 /06/22 ISSUED FOR ZONING PERMIT
A 11 /22/21 ISSUED FOR ZD REVIEW AND COMMENT (90%)
NO. DATE REVISIONS

A/E DOCUMENT REVIEW STATUS
Status Code
1 Accepted - With minor or no comments, construction may proceed 2 Not Accepted - Please resolve comments and resubmit
4 Review not required. Construction may proceed.

Acceptance does not constitute approval of design details, calculations, analysis, test methods or materials developed or selected by the subcontractor and does not relieve subcontractor from full compliance obligations.

ENG CONST
Reviewed
Status By Date

PROJECT INFORMATION
AN UNMANNED TELECOMMUNICATIONS FACILITY INCLUDING THE INSTALLATION OF:

1. ( 1) 16'H FAUX ELEVATOR SHAFT ON EXISTING PARKING STRUCTURE

2. (6) 6'H PANEL ANTENNAS

3. (36) RRUS AND (6) DC SURGE SUPPRESSORS

4. (4) OUTDOOR EQUIPMENT CABINETS

5. (1) 20KW AC COMPACT GENERAC GENERATOR W/ 97 GAL TOTAL FUEL TANK

6. ( 1) GPS ANTENNA

7. INSTALLATION OF POWER AND TELCO
235 S INDIAN CANYON DR.

PALM SPRINGS, CA 92262

COORDINATES
LATITUDE: N 33' 49'13.42" (33.820394')

CITY OF PALM SPRINGS
CONTACT: DIANA SHAY
TELEPHONE: (760) 323-8260
LONGITUDE:

DATUM:

N 116'32'45.26" (-116.545906')
NAD 83

AT&T WIRELESS
1452 EDINGER AVENUE, 3RD FLOOR
TUSTIN, CA 92780
ELEVATION ELEV: DATUM:
1651 .11'
NAVD88

CITY OF PALM SPRINGS
513-154-004 THRU 048

CBD (CENTRAL BUSINESS DISTRICT) CITY PARKING GARAGE
TYPE U
(UNMANNED TELECOMMUNICATIONS

FACILITY)
V-B
EQUIP AREA:

GEN. AREA:

TOTAL AREA:
169 SQ.FT.
ill SQ.FT.
281 SQ.FT.

POWER COMPANY:

CONTACT PERSON:

TEL COMPANY:

CONTACT PERSON:

SITE QUALIFICATION PARTICIPANTS
NAM EL CONTACT COMPANY D.K. DO/BOK YU DCI PACIFIC

BRETT SMIRL COASTAL BUSINESS GROUP BRETT SMIRL COASTAL BUSINESS GROUP

TARIK QUAZZANI AT&T

RON VANDERWAL BECHTEL COMMUNICATIONS

DIANA SHAY CITY OF PALM SPRINGS
SCE
(800) 990-7788

FRONTIER
(866) 945-4714
NUMBER
(949) 4 75-1000 (949) 336-1550 (949) 336-1550 (505) 730-4726 (714) 343-0931
(760) 323-8260
AT&:T MOBILITY

RF BOK DKD
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IRVINE I CA 92614
235 S INDIAN CANYON DR.

PALM SPRINGS, CA 92262
1452 EDINGER AVENUE, 3RD FLOOR
TUSTIN, CA 92780
SCALE AS SHOWN DESIGNED I DRAWN AA-CSL05482-T01 0
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CSL05482

PALMS SPRINGS PARKING GARAGE
PACE: #MRLOS034534 I FA: #14059611 I USID: #266172
(E) 1.CCESS DRIVE UllUZED FOR (N) AT&:T 1.CCESS E"ASEMENT AZIMUTH 185'

SECTOR B
at&t
(E) PROPERTY LINE
S 40'09'18" W

17.01'
0 01 /06/22 ISSUED FOR ZONING PERMIT
I
Mobility
1452 EDINGER AVENUE, 3RD FLOOR
TUSTIN, CA 92780
A 11 /22/21 ISSUED FOR ZD REVIEW AND COMMENT (90%)
235 S INDIAN CANYON DR.

PALM SPRINGS, CA 92262
NO. DATE

SCALE AS SHOWN

REVISIONS

DESIGNED DRAWN

RF BOK DKD

NH BOK DKD

BY CHK APP'D
NOTE;
PEN>IG POWER MID TB.CO UllLnY

COORDINATION REPORTS
5/TEPLAN
SCALE: 1" = 20' --0"
JOB NO
0 5' 10' 20'

AT&T MOBILITY

TUSTIN, CA

SITE PLAN
1 DRAWING NUMBER
AA-CSL05482-A01
REV.
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DCI PACIFIC

A IE IC WORKS

ARCHITECTURE I ENGINEERING I CONSUL TING
26 EXECUTIVE PARK I SUITE 170
IRVINE I CA 926 I 4
CSL05482

PALMS SPRINGS PARKING GARAGE
PACE: #MRL0S034534 I FA: #14059611 I USID: #266172
235 S INDIAN CANYON DR.

PALM SPRINGS, CA 92262

PLAN VIEW - CONDUIT ROUTES
SCALE: 1" = 20' -0"
0 5' 10' 20'
at&t
Mobility
1452 EDINGER AVENUE, 3RD FLOOR
TUSTIN, CA 92780
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SCALE AS SHOWN DESIGNED DRAWN
6 0
/ TOP LEV; 7

AT&T MOBILITY

TUSTIN, CA

PLAN VIEW - CONDUIT ROUTES

JOB NO DRAWING NUMBER
AA-CSL05482-A01. 1
REV.
0 Item 1K - Page 102
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DCI PACIFIC

A IE IC WORKS

ARCHITECTURE I ENGINEERING I CONSULTING
26 EXECUTIVE PARK I SUITE 170
IRVINE I CA 926 I 4
0 1' 2'
CSL05482

PALMS SPRINGS PARKING GARAGE
PACE: #MRLOS034534 I FA: #14059611 I USID: #266172
235 S INDIAN CANYON DR.

PALM SPRINGS, CA 92262

SECTOR POSITION
Al
ALPHA
A2
Bl
BETA
B2
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GAMMA
C2
at&t
Mobility
1452 EDINGER AVENUE, 3RD FLOOR
TUSTIN, CA 92780
MFR
CCI

COMMSCOPE COMMSCOPE
CCI

COMMSCOPE
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0 01/06/22 ISSUED FOR ZONING PERMIT RF BOK DKD
A 11 /22/21 ISSUED FOR ZD REVIEW AND COMMENT (90%) NH BOK DKD NO. DATE REVISIONS BY CHK APP'D

SCALE AS SHOWN DESIGNED DRAWN

DOWN QTY
UP UP UP 2 UP UP UP UP UP 2 UP UP UP UP UP 2 UP UP

LENGTH DIA
30' 2" 30' 2" 30' 2"

QTY LENGTH DIA
6 30' 2" 6 30' 2" 6 30' 2"

AT&T MOBILITY

TUSTIN, CA
LENGTH
<12' <12' <12' <12' <12' <12' <12' <12' <12' <12' <12' <12' <12' <12' <12' EQUIPMENT &: ANTENNA

LAYOUT PLANS

JOB NO DRAWING NUMBER
AA-CSL05482-A02
DIA
1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" REV.
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DCI PACIFIC

A IE IC WORKS

ARCHITECTURE I ENGINEERING I CONSULTING
26 EXECUTIVE PARK I SUITE 170
IRVINE I CA 92614
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PALMS SPRINGS PARKING
PACE: #MRL0S034534 I FA: #14059611 I
235 S INDIAN CANYON DR.

PALM SPRINGS, CA 92262
(E) S AIRS
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USID: #266172
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at&t
Mobility
1452 EDINGER AVENUE, 3RD FLOOR
TUSTIN, CA 92780
0 1' 2'
0 01/06/22 ISSUED FOR ZONING PERMIT RF BOK DKD
A 11 /22/21 ISSUED FOR ZD REVIEW AND COMMENT (90%) NH BOK DKD NO. DATE REVISIONS BY CHK APP'D

SCALE AS SHOWN I DESIGNED I DRAWN
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AT&T MOBILITY

TUSTIN, CA

GENERATOR PLAN

DRAWING NUMBER
AA-CSL05482-A03
REV.
0 Item 1K - Page 104
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CSL05482

PALMS SPRINGS PARKING GARAGE
PACE: #MRLOS034534 I FA: #14059611 I USID: #266172
235 S INDIAN CANYON DR.

PALM SPRINGS, CA 92262
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1. NEW FRP SCREEN AND M:CESS

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TELECOMMUNCATIONS FI.Cll.11Y.

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TELECOMMUNCATIONS FI.Cll.11Y.

AT&T MOBILITY

TUSTIN, CA

ELEVATIONS

DRAWING NUMBER
AA-CSL05482-A04
REV.
0 Item 1K - Page 105
PARCEL A:

ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13574, IN THE CITY OF

PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN PARCEL MAP BOOK 73, AT PAGE 52,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1, THE FOLLOWING

THREE COURSES BEING ALONG THE EAST AND SOUTHERLY LINES OF SAID PARCEL 1, THENCE SOUTH oo· 00' 22" WEST, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH oo· oo· 22" WEST A DISTANCE OF 119.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGE OF 89' 52' 45" AND A LENGTH OF 31 .37 FEET; THENCE SOUTH 89' 53' 07" WEST A DISTANCE OF 122. 17 FEET; THENCE NORTH oo· 05' 27" WEST A DISTANCE OF 139.02 FEET; THENCE NORTH 89' 52' 48" EAST A DISTANCE OF 142.36 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH THAT PORTION OF SOUTH INDIAN CANYON DRIVE VACATED AND ABANDONED BY THAT CERTAIN RESOLUTION NO. 20503, RECORDED DECEMBER 23, 2002, AS INSTRUMENT NO. 2002- 770987, OF OFFICIAL RECORDS, WHICH

WOULD PASS BY OPERATION OF LAW
PARCEL 8:

ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13574, IN THE CITY OF

PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN PARCEL MAP BOOK 73 AT PAGE 52, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 89' 52' 48" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL 1 A DISTANCE OF 145.34 FEET TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE SOUTH oo· 05' 27" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 1 A DISTANCE OF 50.01 FEET TO AN ANGLE POINT IN SAID LINE OF SAID PARCEL 1; THENCE NORTH 89' 52' 48" EAST A DISTANCE OF 145.34 FEET TO THE EAST LINE OF SAID PARCEL 1; THENCE NORTH oo· 05' 38" EAST ALONG SAID EAST LINE A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH THAT PORTION OF SOUTH INDIAN CANYON DRIVE VACATED ANO ABANDONED BY THAT CERTAIN RESOLUTION NO. 20503, RECORDED DECEMBER 23, 2002, AS INSTRUMENT N0.2002- 770987, OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW.

PARCEL C:

LOT 17 OF BLOCK 28 OF PALM SPRINGS TOWN SITE, IN THE CITY OF PALM

SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN MAP BOOK 9, AT PAGE 423, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL D
LOT 18 IN BLOCK 28 OF PALM SPRINGS, IN THE CITY OF PALM SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 9, PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.

TOGETHER WITH THAT PORTION OF SOUTH INDIAN CANYON DRIVE VACATED AND ABANDONED BY THAT CERTAIN RESOLUTION NO. 20503, RECORDED DECEMBER 23, 2002, AS INSTRUMENT NO. 2002- 770187, OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW.

PARCEL E:

ALL THAT PORTION OF LOT 19 OF BLOCK 28 OF PALM SPRINGS TOWN SITE, IN

THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED H MAP BOOK 9 AT PAGE 423, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19; THENCE SOUTH 89' 52' 58" WEST ALONG THE SOUTH LINE OF SAID LOT 19 A DISTANCE OF 145.33 FEET TO THE SOUTHWEST CORNER OF SAID LOT 19; THENCE NORTH oo· 05' 27" WEST ALONG THE WEST LINE OF SAID LOT 19 A DISTANCE OF 50,01 FEET TO THE NORTHWEST CORNER OF SAID LOT 19; THENCE SOUTH 89' 52' 48" EAST ALONG THE NORTH LINE OF SAID LOT 19 A DISTANCE OF 62.62 FEET; THENCE SOUTH oo· 05' 27" EAST A DISTANCE OF 25.01 FEET;
THENCE SOUTH 89' 52' 48" EAST A DISTANCE OF 82.71 FEET TO THE EAST LINE OF SAID LOT 19; THENCE SOUTH oo· 05' 38" EAST ALONG THE EAST LINE OF SAID LOT 19 A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.

EXCEPTING THAT PORTION LYING EASTERLY OF A LINE WHICH IS WESTERLY OF AND 50.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF EAST AVENUE (NOW KNOWN AS INDIAN CANYON DRIVE) AS CONVEYED TO THE CITY OF PALM SPRINGS BY DEED RECORDED JUNE 30, 1966 AS INSTRUMENT N0.67758, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

APN: 513-154-044, 513-154-045, 513-154-046, 513-154-047 and 513-154-048

PROPERTY LEGAL DESCRIPTION
OWNER'S NAME: CITY OF PALM SPRINGS
ASSESSOR'S PARCEL NUMBER(S) 513-154-044 THRU 048
BASIS OF BEARINGS: (NAD83; EPOCH 2010)

THE BEARINGS SHOWN HEREON ARE BASED CALIFORNIA STATE PLANE COORDINATE SYSTEM - ZONE 6. AS DETERMINED BY G.P.S.

OBSERVATIONS, USING TRIMBLE 5700/5800 RECEIVERS AND TRIMBLE GEODETIC OFFICE 1.60 SOFTWARE.

BASIS OF ELEVATIONS: NAVD 1988

ELEVATIONS ARE BASED ON GPS OBSERVATIONS FROM TWO NATIONAL GEODETIC SURVEY C.O.R.S. REFERENCE STATIONS: 1) JPLM, ELEVATION = 1503.49' AND 2) BILL, ELEVATION = 1651.11' WITH GEOID 2012 CORRECTIONS APPLIED.

SITE DATA
FEMA FLOOD ZONE DESIGNATION: National Flood Insurance Program:

County: RIVERSIDE
Map/Panel: 06065C1558G
Effective Date: 8/28/2008
The Flood Zone Designation for this site is: ZONE: X-SHADED

FEMA FLOOD ZONE INFORMATION
(SEE PAGE 804)

TITLE REPORT NOTES
FLOYD

SURVEYING
DCI PACIFIC CSL05482

AIEIC WORKS
....

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OVERALL SITE PLAN SCALE: 1 "=30'
2 11/27/21 TITLE REVIEW - UPDATED DATE
1 1/21/21 TITLE REVIEW
0 7/31/19 ISSUED FOR ZONING SUBMITTAL
235 S INDIAN CANYON DRIVE NO. DATE REVISIONS
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30 OAF
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34006 GALLERON STREET
TEMECULA, CA 92592
OFFICE: (949) 200-0626
EMAIL: [email protected]

ARCHITECTURE I ENGINEERING I CONSULTING
26 EXECUTIVE PARK I SUITE 170 I IRVINE I CA 92614
T 949 475.1000 I 949 475.1001 F
PALM SPRINGS, CA 92262 1452 EDINGER AVENUE, 3RD FLOOR TUSTIN, CA 92780

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PAINT STRIPING HAND RAILING ROOF STORM DRAIN ROOF PARAPET ROOF TOP

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TOP OF CURB TREE TOP PALM

TOP OF WALL
-- BOUNDARY LINE
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MISC. PROPERTY LINE MISC. TIE LINE

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--- X --- FENCE LINE
1111111111111111 BUILDING EDGE
--- OHP --- OVERHEAD WIRES
LEGEND
1) This is not a boundary survey. This is a specialized SCALE:

N.T.S.
topographic map. The property lines and easements shown hereon are from record information as noted hereon. Floyd Surveying translated the topographic survey to record information using the two found monuments shown hereon. Na title research was performed by Floyd Surveying.
2) Any changes made to the information an this plan, without the written consent af Floyd Surveying relieves Floyd Surveying af any and all liability.
3) These drawings & specifications are the property & copyright af Floyd Surveying & shall nat be used on any other work except by agreement with the Surveyor. Written dimensions shall take preference over scaled & shall be verified on the job site. Any discrepancy shall be brought to the notice of the Surveyor prior to commencement af any work.
4) Field survey completed on July 25, 2019

GENERAL NOTES

SHEET TITLE SHEET NUMBER
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FLOYD

SURVEYING
34006 GALLERON STREET
TEMECULA, CA 92592
OFFICE: (949) 200-0626
EMAIL: [email protected]
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DCI PACIFIC

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ARCHITECTURE I ENGINEERING I CONSULTING
26 EXECUTIVE PARK I SUITE 170 I IRVINE I CA 92614
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APN: 513-154-044 THRU 048
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DATE REVISIONS
SCALE AS SHOWN loESIGNED
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LIGHT POLE TOP

PAINT STRIPING HAND RAILING ROOF STORM DRAIN ROOF PARAPET ROOF TOP

SIDEWALK

TOP OF CURB TREE TOP PALM

TOP OF WALL

BOUNDARY LINE

CENTER LINE
MISC. PROPERTY LINE MISC. TIE LINE

RIGHT-OF-WAY LINE

EASEMENT LINE

FENCE LINE

BUILDING EDGE

OVERHEAD WIRES
LEGEND
1) This is not a boundary survey. This is a specialized topographic map. The property lines and easements shown. hereon are from record information os noted hereon. Floyd Surveying translated the topographic survey to record information using the two found monuments shown hereon. No title research was performed by Floyd Surveying.
2) Any changes made to the information on this plan, without the written consent of Floyd Surveying relieves Floyd Surveying of any and all liability.
3) These drawings & specifications are the property & copyright of Floyd Surveying & shall not be used on any other work except by agreement with the Surveyor. Written dimensions shall take preference over scaled & shall be verified on the job site. Any discrepancy shall be brought to the notice of the Surveyor prior to commencement of any work.
4) Field survey completed on July 25, 2019

GENERAL NOTES

SHEET TITLE SHEET NUMBER
TOPOGRAPHIC SURVEY 802
Item 1K - Page 107

TALALA PROP
APN: 513-154-016
SEE ITEM #20 OF PTR

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APN: 513-154-044 THRU 048
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SURVEYING
34006 GALLERON STREET
TEMECULA, CA 92592
OFFICE: (949) 200-0626
EMAIL: [email protected]
C•NC
,,- 446.03

DCI PACIFIC

AIEIC WORKS

ARCHITECTURE I ENGINEERING I CONSULTING
26 EXECUTIVE PARK I SUITE 170 I IRVINE I CA 92614
T 949 475.1000 I 949 475.1001 F
CSL05482
235 S INDIAN CANYON DRIVE
PALM SPRINGS, CA 92262
c•NC
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1452 EDINGER AVENUE, 3RD FLOOR
TUSTIN, CA 92780
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NO. DATE REVISIONS

SCALE AS SHOWN I DESIGNED
SCALE: 10 5 0 10
1"-1 O'

DAF DAF DAF DAF DAF DAF DAF DAF DAF

BY CHK APP'D

I DRAWN
11•29• '
LEGEND
These standard symbols will
be found in the drawing.

CONC
LP
PS
RAIL
RDRN
RFPA
RTOP
SW
TC
TRTP2
TW
--- -----
----
---x
\\\\\\\\\\\\\\\\
---•HP ---

FIRE HYDRANT

LIGHT POLE

STORM DRAIN ROOF

TELEPHONE MANHOLE TREE TOP PALM TELEPHONE MANHOLE

MONUMENT FOUND

CONCRETE SURFACE

LIGHT POLE TOP

PAINT STRIPING HAND RAILING ROOF STORM DRAIN ROOF PARAPET ROOF TOP

SIDEWALK

TOP OF CURB TREE TOP PALM

TOP OF WALL

BOUNDARY LINE

CENTER LINE
MISC. PROPERTY LINE MISC. TIE LINE

RIGHT-OF-WAY LINE

EASEMENT LINE

FENCE LINE

BUILDING EDGE

OVERHEAD WIRES
LEGEND
1) This is not a boundary survey. This is a specialized topographic map. The property lines and easements shown. hereon are from record information as noted hereon. Floyd Surveying translated the topographic survey to record information using the two found monuments shown hereon. No title research was performed by Floyd Surveying.
2) Any changes made to the information on this plan, without the written consent of Floyd Surveying relieves Floyd Surveying of any and all liability.
3) These drawings & specifications are the property & copyright of Floyd Surveying & shall not be used on any other work except by agreement with the Surveyor. Written dimensions shall take preference over scaled & shall be verified on the job site. Any discrepancy shall be brought to the notice of the Surveyor prior to commencement of any work.
4) Field survey completed on July 25, 2019

GENERAL NOTES

SHEET TITLE SHEET NUMBER
TOPOGRAPHIC SURVEY 803
Item 1K - Page 108
TITLE REPORT NOTES: THE FOLLOWING EASEMENTS EFFECT SAID PARCEL AND ARE SHOWN HEREON.

SEE PRELIMINARY TITLE REPORT NO. 92011566-920-CMM-CM8 PREPARED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY AND DATED NOVEMBER 5, 2021, FOR OTHER DOCUMENTS (NON-EASEMENTS) EFFECTING SAID PROPER1Y.

ITEM #3 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Nevada-California Electric Corporation
Purpose: Public utilities Recording Date:January 9, 1937 Recording No: in Book 307, Page 558 of Official Records (AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #4 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: California Water and Telephone Company
Purpose: Public utilities Recording Date:April 27, 1961 Recording No: 35993 of Official Records (AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #5 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: California Water and Telephone Company
Purpose: Public utilities Recording Date:March 24, 1961 Recording No: 25150 of Official Records (AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #6 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: California Water and Telephone Company
Purpose: Public utilities Recording Date:March 24, 1961 Recording No: 25151 of Official Records (AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #7 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: California Water and Telephone Company
Purpose: Public utilities Recording Date:March 24, 1961 Recording No: 25152 of Official Records (AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #8 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: California Water and Telephone Company
Purpose: Public utilities Recording Date:March 24, 1961 Recording No: 25153 of Official Records (AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #9 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: California Water and Telephone Company
Purpose: Public utilities Recording Date:December 11, 1964 Recording No: 148084 of Official Records
(AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #10 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: City of Palm Springs
Purpose: Public utilities Recording Date:August 2, 1966 Recording No: 78796 of Official Records
(AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #11 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Southern California Edison Company
Purpose: Public utilities Recording Date:December 9, 1971 Recording No: 140607 of Official Records (AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #12 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: City of Palm Springs
Purpose: Public utilities Recording Date:April 18, 1972 Recording No: 49983 of Official Records (AS SHOWN HEREON AS BARISTO ROAD)
ITEM #13 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: General Telephone Company of California
Purpose: Public utilities Recording Date:January 14, 1974 Recording No: 4962 of Official Records
(AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #14 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Leibling Mutual Enterprises
Purpose: Ingress and egress Recording Date:March 27, 1974 Recording No: 34984 of Official Records
(EXACT LOCATION IS NOT DISCLOSED OF RECORD)
ITEM #15 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Southern California Edison Company
Purpose: Public utilities Recording Date:August 11, 1981 Recording No: 1 52687 of Officio I Records
(AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #16 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Southern California Edison Company
Purpose: Public utilities Recording Date:August 11, 1981 Recording No: 81 -152688 of Official Records (AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #17 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Purpose: Public street and public utility
Affects: As shown on a Parcel Map of said land, on file in Book 73 Page 52 of Parcel Maps
(AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #19 - Construction and Access Easement Agreement
Recording Date:June 4, 2002
Recording No.: 2002-301385 of Official Records.
(AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #20 - Grant of Temporary Access Easement
Recording Date:June 4, 2002
Recording No.: 2002-301386, of Official Records
(AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)
ITEM #26 - Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Thomas A. Adorno and Eileen C. Adamo, husband and wife Purpose: a non-exclusive easement for ingress and egress Recording Date:December 8, 2003
Recording No: 2003-957933, of Official Records
(AS SHOWN HEREON - DOES NOT CROSS PROJECT AREA)

END OF EASEMENTS

TITLE REPORT NOTES
FLOYD

SURVEYING
DCI PACIFIC CSL05482
34006 GALLERON STREET
TEMECULA, CA 92592
OFFICE: (949) 200-0626
EMAIL: [email protected]

AIEIC WORKS

ARCHITECTURE I ENGINEERING I CONSULTING
26 EXECUTIVE PARK I SUITE 170 I IRVINE I CA 92614
T 949 475.1000 I 949 475.1001 F
235 S INDIAN CANYON DRIVE
PALM SPRINGS, CA 92262 1452 EDINGER AVENUE, 3RD FLOOR TUSTIN, CA 92780 2 11/27/21 TITLE REVIEW - UPDATED DATE
1 1/21/21 TITLE REVIEW
0 7/31/19 ISSUED FOR ZONING SUBMITTAL
NO. DATE REVISIONS

SCALE AS SHOWN I DESIGNED

SHEET TITLE SHEET NUMBER
DAF DAF DAF DAF DAF DAF DAF DAF DAF TOPOGRAPHIC SURVEY 804

BY CHK APP'D

I DRAWN

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2023-24; AUTHORIZE A

TWO-YEAR EXTENSION OF TERM TO INSURANCE BROKERAGE SERVICES

AGREEMENT WITH KEENAN & ASSOCIATES
RECOMMENDATION:

Authorize Keenan & Associates, as the City’s Broker of Record, to Purchase Property, Earthquake/Flood (Difference in Condition (“DIC”)), Excess Liability, Excess Workers’ Compensation, Airport Liability, Village-Fest Liability, Multi-Media Liability, Crime/Fidelity and Cyber Liability Insurance Policies from various carriers for Policy Year 2023/2024, effective July 1, 2023, and authorize a two (2) year extension of the term of the agreement for brokerage services with Keenan & Associates.

Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2023-24; AUITHORIZE A

TWO YEAR EXTENSION OF TERM TO INSURANCE BROKERAGE

SERVICES AGREEMENT WITH KEENAN & ASSOCIATES
FROM: Scott C. Stiles, City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:

The City is self-insured and annually purchases various lines of insurance coverage to minimize the adverse effects of accidental losses and claims against the City. This action would authorize the purchase of various lines of insurance for FY 2023-24.

In addition, to assist in the purchase of various lines of insurance, in 2020, the City entered into an agreement with Keenan & Associates for professional insurance brokerage services. The City Council approved that contract, with a term commencing July 1, 2020 and lasting for an initial 3-year period (I.e., expiring June 30, 2023). The agreement expressly allows for two (2), one (1) year extensions. Therefore, this agenda item provides an opportunity for the City Council to authorize a two (2) year extension of that contract, per its terms.

RECOMMENDATION:

STAFF ANALYSIS:

The City is self-insured for major risk programs such as property, liability, earthquake/flood, auto liability, and workers' compensation. In order to protect the assets of the City from potential loss, the City purchases various lines of insurance coverage for Item 1L - Page 1
these risks. The insurance market is in a state of flux and has significantly hardened over the last several years. This is due, in large part to the frequency and severity of natural disasters such as wildfires, “Winter Freezes”, hurricanes and tornadoes, as well as the results of increasing litigation, more plaintiff-friendly legal decisions and larger compensatory jury awards. In addition, the landscape of Cyber Liability risk is another area that has experienced significant rate increases, due to the increase in cyber related incidents, ransomware and sophisticated data security breaches. Finally, up until recently, near zero percent interest rates meant that insurance carriers were not getting a return on investment, so they are looking at increasing insurance rates in order to compensate for the loss.

The City has contracted with Keenan & Associates to serve as the City’s insurance broker in obtaining insurance quotes and policies. That contract (Attachment 1) was last approved by the City Council in 2020 and provides for an initial term of three (3) years, with two (2), one (1) year extensions. The contract provides for a flat brokerage fee of $63,500 per year. This flat fee, as opposed to one that is based on the cost of insurance premiums, avoids the appearance that the City’s broker might be tempted to recommend higher than necessary coverage options. As part of this agenda item, City staff is recommending that the City Council authorize exercising the contract’s option for two (2) additional years of service with Keenan. Keenan has provided exemplary service to the City as its insurance broker.

The City also belongs to a California Joint Powers Authority, called the Municipal Insurance Cooperative (MIC). MIC was formed July 1, 2014 to provide insurance coverage and risk management services for public entities. It is not an insurance company, but it provides the JPA members, at their option, the opportunity to purchase property, liability, and workers compensation coverage on a group basis. MIC offers:
• Free Membership in a joint purchasing group exclusively for California public entities
• Access to group purchased insurance programs, through membership • Leverage to obtain potentially broader coverage at lower cost than any member could achieve individually
• Freedom from any joint sharing of risk associated with pooling JPAs • No assessments. Members are not subject to premium assessments as each member is individually rated based upon their own loss experience.

The City pays an administrative “MIC Pool Management Fee” to MIC as well as pooled administrative costs, for the services that MIC provides to the City. Last year, this Management Fee was $16,750 and the pooled costs were $7,000. The proposed amount for FY 23/24 is $16,750 and $10,000, respectively.

Keenan has widely marketed the City’s insurance portfolio to multiple insurance carriers for the various policies. Last year’s total insurance program had a cost of $2,408,818, which includes insurance premiums as well as a flat fee brokerage fee paid to Keenan Item 1L - Page 2
and a management fee paid to the City insurance cooperative, Municipal Insurance Cooperative. The City’s total insurance program cost proposed in this staff report totals $2,966,009.91, for a difference of $557,191.91 (+18.79%) from the current year for substantially similar coverage (though, with a higher limit for cyber security) for a full twelve months.

Below is a chart of last year’s insurance program costs, and staff’s recommendation for the July 1 renewal for Fiscal Year 2023-24. The summary also includes a column, entitled “23-24 Projected”, which represents City staff’s estimate of insurance program costs, as established by staff prior to Keenan’s obtaining of quotes. That is, this column represents the numbers that City staff used as an estimate when preparing the City’s FY 23-24 budget. Also, the chart provides an indication of what FY 24/25 insurance programs may look like, since the City Council is approving a two (2) year budget this year. Finally, accompanying this staff report, as Attachment 2 is Keenan’s summary of the proposed policy quotes, with additional detail as to the terms and conditions of the proposed policies.

Item 1L - Page 3
DESCRIPTION FY 22-23 Actuals FY 23-24 Proposed PROJECTED FY 24-25 Projected

INCREASE
1 WORKERS COMP $261,365 $ 299,639.00 15% $ 344,584.85
2 EXCESS LIABILITY $850,000 $ 1,085,793.00 27% $ 1,378,957.11 3 EPL BUY DOWN $68,504 $ 71,275.00 30% $ 92,657.50
4 M EDIA LIABILITY $6,028.75 $ 6,024.90 0% $ 6,024.90
5 AIRPORT LIABILITY $47,543 $ 59,427.00 25% $ 74,283.75 6 AIRCRAFT HULL & LIABILITY $1,750 $ . 10% $ .
7 CYBER LIABILITY $51,960 $ 103,680.00 24% $ 128,563.20 8 PROPERTY ALL RISK $410,782 $ 464,445.00 13% $ 524,822.85 9 PROPERTY DIC AOL $302,783 $ 357,993.33 18% $ 422,432.13 10 PROPERTY DIC - WWTP $297,814.30 $ 400,072.20 35% $ 540,097.47 11 CRIM E COVERAGE $10,732 $ 15,013.00 40% $ 21,018.20
12 VILLAGE FEST $12,306 $ 12,397.48 1% $ 12,521.45
SUBTOTAL $2,321,568 $ 2,875,759.91 $ 3,545,963.41
13 M IC MANAGEM ENT FEE $16,750 $ 16,750.00 $ 16,750.00 14 M IC JPA ADMIN FEE $7,000 s 10,000.00 s 7,028.00
15 KEENAN BROKERAGE FEE $63,500 $ 63,500.00 $ 63,500.00 $2,408,818 $ 2,966,009.91 20% $ 3,633,241.41
PLEASE NOTE THESE ARE 23-24 ACTUALS AND 24-25 ARE BASED ON 23-24 INCREASES BY PERCENTAGE

EXCESS LIABILITY
The City’s liability program addresses claims arising from situations as common as “trip and fall” cases to interactions with law enforcement personnel. Because of the difficulty in procuring liability insurance by itself, the City has joined the Municipal Insurance Cooperative (MIC). MIC is a not-for-profit, non-risk sharing joint powers authority (JPA) that provides group purchasing power without the risks of standard JPAs. In addition, MIC offers a claim adjudication process and control remains with the members, and their broad coverage is specific to California public agencies.

The current liability insurance marketplace is extremely challenging due to volatility with civil unrest, and dramatically increasing losses seen industrywide caused by social inflation. Catastrophic weather events continued in 2022. Global inflation impacted claims, property values and capacity. In addition, unmodeled costs, such as supply chain issues, lasting impacts from the COVID-19 pandemic, as well as the Russian/Ukraine conflict continue to compound the costs of losses. Insurance carriers have dramatically increased retentions, reduced policy limits or ceased to underwrite public entities completely due to the hard market and nuclear verdicts, especially those with safety personnel.

Despite having to change the overall program structure in FY21-22 to secure coverage, the Municipal Insurance Cooperative (MIC) has continued to be a solution in affording the coverage to protect the City from third party liability claims and law enforcement liability.

The renewal offer reflects no changes in terms and conditions with overall renewal premium increase from $850,000 to $1,085,793, representing an increase of $235,793 (or +27.7%) from expiring, which given the City’s loss experience in the current hard insurance market is fair.

In an effort to mitigate the liability increase, Keenan sought a stand-alone law enforcement liability policy in exchange for a credit to the MIC reinsurance premium.

Market indications were $400k-$500k to provide coverage for $2M in excess of the current $3M, but with only a $150k credit to the City’s portion of the MIC reinsurance premium. As such, our broker and City staff do not recommend pursuing this separate policy.

PROPERTY PROGRAM:

The City’s total insurable value (TIV) under property insurance is approximately $647,912.093 million for FY 23-24, up $23,307,261 (+3.60%) from the previous fiscal year. Under the All-Risk Property insurance program, coverage is provided for most perils with a limit of $500M per occurrence, with the exception of earthquake and flood (which is covered under the Difference in Condition (DIC) policy, below). The property coverage also includes wind and tree coverage, supplemental coverage for terrorism, all traffic signals, traffic poles, light poles, other transmission systems, and coverage for the airport runways. The California property market has been drastically changed by the wildfires Item 1L - Page 4
over the last several years, which has hardened the market and significantly increased rates.

Despite the hardening insurance market, Affiliated FM has provided a renewal quote of $464,445.00, reflecting an increase of $53,663 (or +13.06%) from last year. This amount includes Terrorism coverage. Should the City decline the Terrorism coverage, the renewal premium would be reduced by $13,528, but the city would not be covered in the event of a Certified Act of Terrorism. As such, City staff recommends obtaining Terrorism coverage. Even with Terrorism coverage, this amount is less than City staff’ projection going into the renewal process.

DIFFERENCE IN CONDITION (DIC) PROGRAM:
“Difference in Condition” (DIC) (i.e., flood and earthquake coverage) is almost always excluded from commercial property policies and may be purchased separately to enhance coverage.

It is highly unlikely that the City would have to replace every single facility in the event of an earthquake. However, a variety of city facilities could be damaged to varying degrees during a major seismic event. Thirteen years ago, the City Council authorized the purchase of DIC insurance to augment its property insurance policy.

Wastewater Treatment Plant:

The Wastewater Treatment Plant, due to its critical nature to the city’s infrastructure and the health and safety of the public has historically had a combined total of $25M in coverage. The proposed WWTP DIC program would include a primary limit of $5M, an excess policy of $10M, and a third excess policy of $10M. The three carriers combined have offered renewal quotes reflecting an overall program cost of $400,072.20 (or +$102,257.90 or +34.34%) increase from the expiring cost. This premium is paid from the WWTP Enterprise Fund, rather than the General Fund.

All Other Locations (AOL):

The City carries separate DIC coverage for all other City properties, including the Airport.

The City’s DIC “All Other Locations (AOL)” Total Insurable Values (TIV) increased 3.60% from last year. The DIC “All Other Locations” program is structured with an initial limit of $10M, in Excess of the City’s $5M Self-Insured Retention (SIR). The rate increased

6.93% per $100/TIV, bringing the total premium cost to $357,993.33, a $55,211 increase (or +18.23%) from the expiring policy.

EXCESS WORKERS’ COMPENSATION PROGRAM:

Excess Workers' Compensation insurance is important to protect the City from the negative financial consequences of work-related injuries or deaths. The Workers’ Item 1L - Page 5
Compensation costs are largely driven by medical costs and lost time wages. The City has a $1M per claim self-insured retention and purchases excess insurance above that for catastrophic type events.

There are few markets willing to write this coverage for public agencies, especially those full-service municipalities such as Palm Springs. The City’s total incurred continued to trend higher year over year. During the past 12 months, the 2021/22 claim development increased by 269 from this point in time last year.

Despite significant loss experience, Safety National Casualty Corporation’s renewal terms reflect a rate increase of 4.21%, resulting in an overall cost increase of $38,271 (or +14.64%) from the previous year, from $261,365 to $299,639.

An alternative option, with an increased retention of $1,250,000, and with a rate of $0.4303 per $100 of payroll (for an estimated cost of $234,256) has been included, but is not recommended.

AIRPORT LIABILITY:

Airport Liability is currently one of the most difficult coverage areas within the insurance industry due to massive industry losses. This covers incidents such as injury to a person (e.g: passenger “slip and fall” in terminal) or damage to a plane (e.g: airport equipment hits a plane) that occur on the premises.

The City has been insured by Ace Property and Casualty Insurance Company since 2000 and despite the City’s uptick in claim frequency, the carrier has offered terms reflecting a renewal increase from $47,543.00 to $59,427.00 (+$11,884) or +25% for the Airport Liability due to the City’s longstanding partnership with the carrier.

The City is no longer the owner of the Cessna 182P, and therefore the Aircraft Hull & Liability policy will not be renewed for the 23/24 FY, or going forward.

CYBER LIABILITY
The cyber liability insurance market continues to be extremely challenging, but especially for public entities. The pervasive threat of ransomware attacks and cyber extortion has created disruption for insurance renewals from both a premium and coverage standpoint with carriers issuing specific protocols that must be met in order to secure terms in addition to carriers leaving the insurance marketplace altogether due to no longer having capacity.

The incumbent carrier, Ace American Insurance Co., has offered a renewal quote reflecting an overall premium increase from $51,960 to $64,353 (+$12,393 or +23.85%).

This policy provides for a $1,000,000 aggregate limit.

Item 1L - Page 6
Alternatively, Keenan has received a quote from Coalition Insurance Solutions, Inc.,1 which has offered a policy with a premium of $46,931.00, also for a $1M aggregate limit.

Keenan also obtained a quote from the Coalition for a $3M aggregate limit, for a premium of $103,680. When asked, the City’s current cyber insurance carrier, Ace American Insurance Co. indicated that they would not be willing to offer a policy with a $3M limit.

The Coalition quote would result in an increase in cyber insurance premiums from $51,960 to $103,680, for an increase of $51,720 (+99.53%). However, the Coalition’s quote would provide the City with three (3) times the aggregate policy limit as the expiring policy. Given the increased threat of cyber extorsion, City staff recommends proceeding with the Coalition’s $3M limit quote, which will provide additional protection to the City.

MISCELLANEOUS:

VillageFest
For VillageFest Liability, the City has had a long-standing partnership with Mesa Underwriters, which has proven to be beneficial, especially during the hard market conditions. The carrier has offered a slightly increased premium from the expiring term, from $12,306.58 to $12,397.48, an increase of +$90.90 or (+.74%).

Media Liability
Media Liability insurance provides protection for broadcasters and publishers who are at risk from substantial liability claims that can arise even when all necessary clearances have been sustained. The City broadcasts its various public meetings and maintains various social media platforms. The City has had a long stand standing partnership with Landmark American Insurance Company, who has offered terms reflecting a slight reduction, from $6,028.75 to $6,024.90 (-$3.85 or -.063%), with no changes to the premium, terms, and conditions.

Public Entity Liability
Public Entity Liability provides coverage for liability arising from the vast array of employment laws, regulations and ongoing employment issues. Whether it involves employee discipline or termination, wage and hour, disability accommodation, failure to comply can have devastating impact. The City’s coverage, also known as Employment Practices Liability retention Buy-Down (“EPL & POL”) was initially placed with Chubb Insurance Company during FY2021-22 to reduce the City’s liability retention to $500K.

The carrier has offered terms reflecting a premium increase from $68,504 to $71,275 ($2,771 or +4.05%) from the expiring cost, with no changes to terms and conditions. 1 This “coalition” quote is from Arch Specialty Insurance Company, Ascot Specialty Insurance Company, Fireman’s fund Indemnity Corporation, and Fortegra Specialty Insurance Company.

Item 1L - Page 7
Crime/ Fidelity
Crime/Fidelity satisfies statutorily mandated bond requirements for public officials, known as faithful performance of duties, as well as protects against losses resulting from bad actors, such as employee theft, embezzlement or forgery. The incumbent carrier’s renewal premium came in with an overall total program cost increase of $4,281 (from $10,732 to $15,013) (+39.89%), including a policy-added enhancement of Fraudulent Impersonation.

BUSINESS PRINCIPAL DISCLOSURE AND NON-DISCRIMINATION:

Keenan & Associates is a privately held company and a wholly owned subsidiary of Assured Partners, Inc. Keenan’s authorized agent has completed the City’s public integrity applicant disclosure form. (Attachment 3)
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

The total cost of staff recommended insurance coverage to replace expiring coverage to all funds for the 23-24 fiscal year is $2,966,009.91, for a difference of $557,191.91 (+18.79%) from the current year for substantially similar coverage (though, with a higher limit for cyber security) for a full twelve months. This amount is less than the City staff projected costs, which were $3,011,277.79, which was used for budgeting purposes for the FY 23/24 Risk Management and Enterprise Fund accounts, as appropriate.

REVIEWED BY:

Procurement and Contracting Manager: Kim Baker
City Attorney/Risk Manager: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

1) Agreement for Brokerage Services
2) Premium Summary and Marketing Results/ Keenan Summary 3) Public Integrity Disclosure Form
Item 1L - Page 8
ATTACHMENT 1

Item 1L - Page 9
Item 1L - Page 10

PROFESSIONAL SERVICES AGREEMENT
Professional Insurance Brokerage Services
THIS PROFESSIONAL SERVICES AGREENIBNT ( "Agreement") is entered into, and effective on July 1, 2020, between the. CITY OF PALM SPRINGS, a California charter city and municipal. corporation, ("City") and Keenan & Associates, a California Corporation, ("Consuitant"). City and Consultant are individually referred to as ''Party" and are collectively referred to as the "Parties".

RECITALS
A. City has determined that there is a need for professional insurance brokerage services ("Project").

B. Consultant has submitted to City a proposal to provide professional insurance brokerage services to City for the Project under the terms of this Agreement.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. ·
D. · City desires to retain Consultant to provide such professional services.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A'' (the "Services,, or "Work") which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Consultant ------epresents-a:nd-warrants-that-€onsultant-is--a-P,rovider-oHirst-elass-work:--and--prefessienal-serviee~ -~-- and that Consultant is experienced in performing the Work and Services contemplated and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing· the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's.

Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for

Page 1 of 91 ends

Item 1L - Page 11 ------------------.......---------------...-. Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals- and the Consultant's Proposal shall be binding on the Parties.

Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1 51) the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the City's Request for Proposal (Exhibit "B"); (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant's Proposal (Exhibit "C").

1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.

1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perfonn the-Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approv~l that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement. Consultant shall indemnify, defend, and'hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permittetl by law ..

1.5 Familiaritv with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Seryices involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of su~h fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

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Item 1L - Page 12

1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in • the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be 1:1ndertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in wriOng by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform ofup to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perfonn any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions · of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference.

Compensation shall consist of a flat-fee amount of $55,000 for FY 20/21; $60,000 for FY 21/22, and $63,500 annually for FY 22/23, FY 23/24 and FY 24/25, for a total not-to-exceed amount of $305,500 for the 5 year term, except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope ------· f-Serviees-tnay-be-more-oostly-ancl/or- time-censumi-ng-than- Gonsultant-antiGipates, tha- ---- Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be

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Item 1L - Page 13 submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five ( 45} days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a mitten amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work produc~ or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fisc~l year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the a~ .

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance •of this Agreement.

The time for completion of the services to be performed by Consultant is an ·essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E'~), incorporated by reference.

3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract-Officer, but such extensions shall not exceed one hundred eighty (I 80) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted) if Consultant, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay.

Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine .restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City.

The City Manager shall ascertain the facts and the extent of delay, and extend the time for

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Item 1L - Page 14
perfonning the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement under this section.

3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed three (3) years with two (2) one year optional extentions from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any additional extensions must be through mutual written agreement of the Parties.

3.5 Termination Prior to Expiration of Term. City may tenninate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty ( 60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: John Stephens, Senior Vice President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial -----in-d-i-1c-em-ent-f-0i:-City-t0-enter-into-this-AgreemenL-Therefore,-1he_foregoing_principal._.s._.a_h_a_ll_.be..__ ___ _ responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

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Item 1L - Page 15 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, \\ithout the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis.

In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant :from any liability under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any· purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. ·
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. · No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional

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Item 1L - Page 16
fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of perfonning Services. If for any reason any court or governmental agency detennines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.

S. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a fonn and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified- in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreemep.t, 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 occurrence and two-million dollars ($2,000.,000.00) annual aggregate, in accordance with the provisions of this section. (I) Consultant shall either: (a) certify in writing to the City that Consultant . is unaware of any professional liability claims made against Consultant and is -----1-•1-n• · aware--e-f-any-fae-ts--whidt-may-lead-te--such~a elaim-against-Gensultant~r-{b-)-if-Consultan- ---- does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of tennination of the policy during· this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by

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Item 1L - Page 17 either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present ·or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in foll force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance \Vith 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 subConsultants, if any, to do likewise under their wqrkers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.

C. Commercial General Liabilitv 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) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants> broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business 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 f(?r owned, non-owned, leased, and hired cars.

E. Employer Liabilitv Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or selfinsured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims· history as well as evidence of Consultant's ability to pay

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Item 1L - Page 18
claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:

5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. ,

5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council metnbers, officials, employees, agents, and volunteers.
5 .3 .3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agree~ent relating to the City or its operations shall limit the application of such insurance coverage.

5.3.4 No required· insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement ( e.g., elimination ,. of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the equirements__oLthe_endors.ements..__c_ertificates_ofJnsurance__willnoLb~e ___ _ accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay co~encement of the Project.

It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

5.3.6 Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that

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Item 1L - Page 19 upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review.

5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

5.3.8 Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the tenn of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the rene"Wing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any give~ policy. Specific reference to .a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

5.3 .10 The requirements in th.is section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts \\ith or impair the provisions of this section. 5 .3 .11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work perfonned under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities ofany person or person for which the Consultant is otherwise responsible. ·

5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Besfs Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his

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Item 1L - Page 20
designee due to unique circumstances.

5.5 Verification of Cm1erage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. Tlie certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies.

Verification of Insurance coverage may be provided by: ( 1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ("as respects City of Palm Springs Contract No._" or ''for any and all work performed with the City" may be included in this statement).

2. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have ... " ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement).

3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named" Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative11 is not· acceptable and must be crossed out.

4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
-----llH-tn--.aff-ld~d-H-liti-on-tG--the endorsemeats--listed-ab0¥e,--the-c;ity-OfJ>alm--SpringS-ShalLbe-I1amed the- - - certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failur~ to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them.

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Item 1L - Page 21 6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers ( collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's ·performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against' the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. Thls provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.

6.2 Desiga Pr-afessional 8en·iees ledemeifieatioR and ReimhHrsement. (*Waived/Not Applicable) If the Agreement is determined to be a "assign professioaal ser:vices agreement" and Coasultant is a "design pFofessional 11 under California Civil Code Seetion 2782.8, thea:

A.. To the fullest e:'itent penniued by la!,\", Consuhant shall indearnify, defend (at Consulffint's sole eost aad expense), proteet and hold harmless City and its eleeted officials, offieers, employees, agents and volunteers asd all ether 13uelic agencies 1Nhose aJ3pr0,1al of the project is fequifCd, (individHally Hlndemnified Party"; eolleeth1ely '"Indemnified Parties") against aflj" aad all liabilities, ela:itns, jsagments, arbitration ur.~·at·ds, settlemeats, costs, demands, et=ders anEI :19eealties (collectively "Claims"), iRcludiag but not limited to Claims arisiag from iajHries or death ef t,ersoBS (Consultant's empleyees incb:1deel) a&d dcuaagc to property, whiek Claims arise out of, pertain to, or ai=e related ta the aegligence, i:eeklessness or will:fu:l m-iseonduet of Coasultarn:, its agems, efflf)loyees, or subConsultants, or arise from Consultant's negligent, reckless er willful performanee of or failure to perform any term., pEo,·isien, eoveaaR-t or eoaeitioa of this Agreement ("Indemnified Claims"), a1:1t Co&S1:1ltant's liability for Iadem.-lified Claims shall ee reaueed te the extent suoh Claims arise froR1 the negligence, reeklessness er 1.villful miseoad1::1et of the City and its elected officials, officers, employees, agents aad volunteers.

B. The Consultant shall reqaire all non design professional sub Consahaats, 1::1sed or S\:lb contracted by Censulta.Rt jo perform the Services or Work required under this Agreement, to eneeH-te an lfldemnifieation Agreement adoptiag the indeHm:i-ty pro¥isiens ia sub seetien e.l iB fa-v=or ef the lndemftified Parties. In edeitieA, CeAsultaet shall reE]:uire all flon Eiesiga prof.essional sHb Coesultants, 1:1sed or S\;lb contracted ay CoasultaAt to perfofftl the · Page 12 of 91
Item 1L - Page 22
Serviees or Work reqaired l:lllder this A.greemeat, to ebtaia insurance tliat is eonsistent with the Insurance provisieas as set forth ia this Agreemeat, as 1Nell as an,· other insuraeee that may be req-Hired by Contrast Offieer.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the· performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or wil1 materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, sµbConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation ·as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the ----~C-o-n-sultant-will-be-a~sk-and-withoutJ.iability-10-Consultant,_and_the_C~ity~ sb ..... a~1J---- indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by th~m. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the perfonnance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written

Page 13 of 91 ends

Item 1L - Page 23 authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable· notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be constmed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The tenns of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event 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 of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal ac.tion in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5.

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Item 1L - Page 24
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section

8.3A, take over the work and prosecute the same. to CO!Jlpletion by contract or otherwise. The Consultant shall be l~able to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments ·to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement.

8.4 \Vaiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, fuJl, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing t~e Parties from enforcing the full provisions.

8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such· rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8. 7 Attorney Fees. In ihe event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney ------Hfe-!resw.,--1e~xHp™e'l"lrt'--Pcoosultant-fees, court oosts-and-al!-fe...es,oos-ts,and-expenses-incui:red-m--any.-.appea..~ :------ in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

Page 15 of 91 ends

Item 1L - Page 25 9. CITY OFFICERS AND El.VIPLOYEE~: NON-DISCRIMINATION

9.1 Non-liability of Citv Officers and Emplovees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition ( each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. l\USCELLANEOUS PROVISIONS

10.1 Patent and Convri2ht Infringement. 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:

A. 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 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. However, Consultant will not indemnify City if the suit or claim results from: ( l) City's alteration of a

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Item 1L - Page 26
deliverable, such that City's alteration of su~h 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 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. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. 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 inde~ity thereto.

10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight ( 48) hours by letter mailed or delivered. Other forms of electronic transmissiort such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City:

To Consultant:

City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
Keenan & Associates
Attention: John Stephens, Senior VP
2355 Crenshaw Boulevard, Suite 200
Torrance, CA 90501
Telephone: 949-940-1760 ext. 5161
Facsimile: 949-369-0324

10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

Page 17 of 91 ends

Item 1L - Page 27 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, s1:1ch provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of th7 basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10.6 Third Party Beneficiarv. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authoritv. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized ~nd existing, (ii) he or she is duly authorized to execute and deliver this Agreement· on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into th.is Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

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Item 1L - Page 28
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs
Date:_At,_~---~~-/~-----
'~
/_~
DavidH. ~~
~9~
City Manager
APPROVED AS TO FORM: ATTEST
City Attorney
APPROVED BY CITY COUNCIL:

APPROVED SY CflY COUNCIL
Date: filAgreement No. M!:/'l~ 1L 1t,(4~ 11
Corporations require two notarized signatures. One signature must be from Chainnan of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

COf-JSULTANT NAME:

Keenan & Associates
-------
Check one_ lndividuai _ Partl'lcrship Corporation 2355 Crenshaw Blvd, Suite 200, Torrance, CA 90501 Address
By~~= .--~otarized) . By ______________ _ Signature (Notarized)

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Item 1L - Page 29
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who •prolf9d 1o mi oo -the tm.13 cf ~ry evidance to ~ -the ~s) who::e n:imo{:l} .is/ar& eumcribed 1D the with:n inatrumant and· BCknowledged !D me that he/ahelthey axecutoo the t3811le in ~~ :Mhcx.{zad,c:ipacify(i,ec), a."1d tt-ct ~Y t='her/the~ cignaiure{G} an the i.n:rtn:ment the pernon{a). ar the anfily up~ behllJf ~ which ~ p~C=} acted. ~ th9 'irclrum~ f?lze.~ ~iAbov:.,
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Deecripti~ of AflDched Documem Trlfe m-T~ o1 Document ___________ Docum.9"1 Date: ______ _ NLtnber cr·Pnga: ____ S%Jnec(a) O!fUK' Tum Named~~ __________ _ Cap3city(iea) Cf~ by Sigliet{s)
Signer"a:N3me: - · □ Oorpor.daOfticer-Titfe(e}: ____ _ □ Partner~ 'D Urnited ti General □ lndividus1 D Att~ in Fact □ Tnmtse D Gl.19.rd!m "or ~a:tor Oothec': , . . ... ~gner"aN:ime: __________ _ ~Officer- Tdle(n}: ____ _ D P:utner - D Limited □ GenetQ1 □ Individual D At'.omey in Fact Trustee O Gtmdi:m or.~~ □ Other.· ____________ _ Signer la R&fir~nrr--------- Signer b Re~~g: _______ _
.,o.os.-.u•C?-"•;;c·;:;e:;_:;4;;c::;;; __ m.:c .... ,,::> .•. uo.:x oc :cc..;. 01,--..:...cc.u.o:.c: .... ««-iCu:,e:e:::u=.cc™r.x 0< e:c:-. o.µ::.t ~14· N.m:msl ~Diary A=aciatm.;. WYM'.N~obry-CXQ • 1~~ NOTARY (1--B00_--876-8827) ~m t5007 4 ct " _, ,-. • •. 1 , ,.

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Item 1L - Page 30
EXHIBIT "A"

SCOPE OF SERVICES
The Insurance Brokerage Services Scope of Work, as may be modified through negotiation and/or by written addendum, will be made a part of the Agreement. While the exact nature and extent of the services are subject to negotiations, the minimum professional services include, but are not limited to, the following:

1. Act as an independent insurance advisor to the City· of Palm Springs and proactively provide ongoing unbiased professional advice and recommendations that benefit the City.

2. Proactively provide ongoing review and analysis of the City's insurance programs and identification of risk transfer and risk financing options.

3. Be familiar with the major exposures of the City

4. Be familiar with the coverages provided 'by all relevant insurance policies and documents issued to the City.

5. Assure that insurance policies are placed in a timely manner, without )apses in coverage periods, with reputable and financially responsible insurers.

6. Provide service for the insurance policies placed for the City including processing all changes and endorsements and verifying the accuracy of invoices· within a reasonable time.

7. Provide early warning of rate and coverage changes or renewal problems through a process to be mutually agreed to with the City.

8. Upon request of the City, but at least once a year, provide a comprehensive report that reviews all of the City's insurance programs.

9. Through a mutually agreed upon process, monitor the City's operations and loss .exposures and make any appropriate recommendations for coverage changes or new coverages.

10. Be available to answer questions or obtain answers from underwriters for policy , coverage questions.

11. Meet with City staff and designated representatives as reasonably requested.

12. Attenp and be available to answer questions of City Council during the annual insurance renewal approval.

13. Provide consultation service and written reports as normally expected of a professional broker to a large client.
-----------1-J't-_---1-ahc,vide assistarrC87Nith-ctaims as requested--by-the-eity:- --Asststin-ana-lyzing loss exposures from existing and new operations, and determine the appropriate risk management alternatives, including types, availabinty, cost and extent of coverages that should be considered.

Brokerage and consulting services must be provided for annual policy renewals and on an as needed basis. The selected broker must provide a thorough renewal presentation each year with policy recommendations to include an analysis of available alternatives in consideration of City's exposures. Brokerage s~rvices must also include market research, poUcy endorsements, certificates of insurance, and coverage consultation on claims filed against the City. Broker would also advise on a continuing basis, and in a timely manner. of any and all significant matters and developments regarding carrier service issues.
· Page 21 of 91
Item 1L - Page 31 We are now in FY 19/20 with the current insurance expiring June 30, 2020. All of the City's annual insurance policies are for the period of July 1st through June 30th• The City expects the broker to intitiate the FY 20/21 renewal strategy in mid to late January 2020, followed by the applications submission process in February/March, with marketing conducted in April/May. lndications from the broker are expected to be provided to the City in early to mid-April, with firm quotations in mid-May so that the City Council may vote on the insurance renewal in June, with coverage bound for effective date of July 1st.

IMPORTANT NOTE: Firms who have a financial interest in a third party admjnistrator, insurance company, servicing company, or other entity which it intends to propose if chosen, must disclose such financial interest and must demonstrate their ability to meet the scope of services independently .of such financial interests. Furthermore, firms are advised that the City of Palm Springs expects full transparency of any and au insurance or re~insurance agreements, contract documents, exclusions, disclosures of all participating members of any shared coverages, or any other documentation concerning or relating to the insurance coverage of the City of Palm Springs upon request. Failure to agree to full transparency and document disclosure as stated above shall result in your proposal being deemed unqualified for review.

SpeciaJ Requirements:

A. Period of Agreement
The selected broker will be appointed as the City's Broker(s) of Record for property/casuaJty and other insurance as required for a period of three (3) years with two (2) additional one-year options, at the mutual written agreement of the parties.

Appointment as Broker of Record creates no right to reappointment or continued service. lf negotiations for renewal of this contract are delayed for reasons beyond controI of broker, the contract shall automatically be extended under the same terms and conditions unti[ terminated by written notice by either party or by execution of a new contract.

B. Policy Review
Review policies and other documents in detail within 14 days of receipt of the documents. Check the wording and accuracy of each policy, binder, certmcate, endorsement or other document received from insurers. Ensure that the intended coverage is provided, all coverage, terms, conditions and other wording is complete and accurate, and in compliance with financial arrangements and administrative procedures acceptable to the City. Obtain revisions needed to achieve compliance with coverage request.

C. Policy Amendments
Process requests for additions or deletions to policies within five business days of receipt. Provide follow up with insurer that the insurer has handled the request. Advise in writing of any changes to insurance policies within 14 days.

D. Marketing

Page 22 of 91 ends

Item 1L - Page 32

1. Monitor expiration dates of policies and provide the City with written notification at least 120 days prior to expiration, including a description of information needed to process the renewal.

2. Develop and implement a marketing strategy, including identifying potential markets, for program renewals at -least 120 days before policy expiration.

3. Develop underwriting information and assist in gathering and organizing exposure and loss data for renewals of policies placed.

4. Work with carriers to design policies and programs most advantageous to the City for coverage of exposures, policy form, exclusions, deductibles, self-insured retent~ons, coordination with other policies, costs and other pertinent factors.

5. Market renewal coverages for the City by obtaining timely and competitive quotations from available and responsible insurers & re-insurers.

6. Provide quotations to the City at least forty five (45) days prior to insurance policy expiration unless otherwise approved by the City.

7. If requested by the City, provjde the City with copies of declination letters and all premium quotations received with a summary of coverages explaining deficiencies or benefits of the quote compared to the recommer,ded insurance program.

8. Provide quotations for specialized types of insurancet as requested by the City.

E. Claims

1. Assist the City staff, as necessary, with ~ling claims.

2. Work with outside claims adjust ors as necessary.

3. Represent the interests of the City in policy interpretation and other negotiations with insurance carriers.

4. Assist the City with review of claim reserves, and represent the City to the insurer with regard to requested explanation or reduction of reserve amounts. Follow-up with insurer as -necessa until resolution of an reserve reduction requests are accomplished or until claim is closed. - - -

5. Review all quarterly loss runs for all claims on all coverages. Evaluate loss history for trends or other indicators that might dictate changes in coverage strategy, deductibles, retentions or limits.

6. Provide annual summaries by policy year for each of the last five years indicating total number of losses by type for each line of coverage and showing earned premium, incurred losses and loss ratio .
. F. Certificates of Insurance
lssue certificates of insurance within three (3) business days following the date of request.

Page 23 of 91 ends

Item 1L - Page 33 G. Contract Review
Review contracts and lease agreements as requested and notify the City whether the insurance programs of the City are in compliance with insurance requirements of contracts and/or agreements.

H. Legal Compliance
Comply with all State and Federal laws and regulations pertaining to insurance brokers licensed in the State of California.

Page 24 of 91 ends

Item 1L - Page 34
EXHIBIT "B"

CITY'S REQUEST FOR PROPOSALS
ClTY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP) #02-20
Professional Insurance Brokerage Services
Requests for Proposals (RFP #02-20) 1 for professional Insurance Brokerage Services for the City of Palm Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Paim Springs, California, until 3:00 P.M. LOCAL TIME, THURSDAY, OCTOBER 10, 2019. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability qf proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important lnformation pertaining to this process. Failure to acknowledge Addenda may render a proposal as being ·non-responsive or negatively impact the evaluation of a proposal. We strongly advise that interested finns officially register per the instructions in the Notice.

1. PURPOSE AND SCHEDULE: The City of Palm Springs is seeking proposals for professional Insurance Brokerage Services to assist in the management of the City's various insured and self-funded insurance programs. Such services include, but are not limited to the review, analysis, recommendation. and timely placement of all insured and self-funded programs as more fully described in the Scope of Work and Special Requirements in the RFP document.

This Request for Proposal is not an authorization to approach the insurance marketplace or service agencies on behalf of the City of Palm Springs. The City of Palm Springs specifically directs that no contact or solicitation of insurance markets or market reservation be made on behalf of the City. Failure to comply with this condition will be grounds for disqualification from this RFP process.

SCHEDULE:

Notice requesting Proposals posted and issued ............................................ September 5, 2019 Deadline for receipt of Questions ............................. Wednesday, October 2, 2019, 3:00 P.M.

Deadline for receipt of Proposals ............................... Thursday, October 10, 2019, 3:00 P.~.

Short List/ Interviews/, *if desired by City ......................................................... to be determined Contract awarded by City Council.. ................................................................... to be determined NOTE: There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change.
"KEY" TO RFP ATTACHMENTS:

Page 25 of 91 ends

Item 1L - Page 35 ATTACHMENT "A" .. Signature Authorization Form, including Addenda acknowledgment. *Must-be completed and included with Work/Technical Proposal envelope.

ATTACHMENT "B" - Non Collusion Affidavit Form. *Must be completed and notarized and included with Work/Technical Proposal envelope.

ATTACHMENT "C" - Cos!_ Proposal Form. *Mu~t be completed and included in a separately sealed envelope - do NOT include this with your Work/Technical Proposal.

ATTACHMENT HD" - No Conflict of Interest and Non-Discrimination Form. *Must be completed and included with Work/Technical Proposal envelope.

ATTACHMENT "Eu - Public Integrity / Business Disclosure Form. *Must be completed and included with Workffechnical Proposal envelope.

ATTACHMENT "F" -- Current FY 19-20 Schedule of Insurance.

ATTACHMENT "G" - Sample boilerplate Contract Services Agreement (for reference only)

2. BACKGROUND: The City is self-insured and annually purchases various lines of insurance coverage to minimize the adverse effects of accidental losses and claims against the City. The City is seeking proposals for professional Insurance Brokerage Services t6 assist in the 'management of the City's various insured and self-funded insurance programs.

Such services include, but are not limited to the review, analysis, recommendation, and timely placement of all insured and self-funded programs listed below:
a. Property, including equipment breakdown/boiler and machinery b. Difference in Condition, Earthquake and Flood
c. Excess Comprehensive General and Auto Liability; including employment practices d. Excess Workers' Compensation
e. Airport Liability, including TRIA & War
f. Village Fest Liability
g. Multi Media Professional Liability .
h. Aircraft Hull & Liabitity (Aero Squadron}
i. Crime, including Public Officials
j. Cyb er and Data Breach
k. Any other coverages requested by the City of Palm Springs or may recommended by the broker as necessary
A schedule of insuran~ coverages1 deductibles and premiums paid in the current fiscal year 2019-2020 is included as Attachment "F". The City's current insurance broker is Keenan & Associates, who has been under contract since 2008. This solicitation is not an indication of any dissatisfaction with the current broker, their fees or their services. Given that the current agreement has been extended and in place for over 10 years, it is prudent practice and sound governance to solicit new proposals at this time.

Palm Springs lies on the ~estern edge of the Coachella Valley in central Riverside County approximately 107 miles east of Los Angeles. It is within the ecological area known as the Colorado Desert and is 487 feet above sea level. Rising behind the downtown is the impressive Mt. San Jacinto, elevation 10,831 feet.

Because it is only a two-hour drive from Los Angeles, Orange and San Diego counties, there are a large number of second homes In Palm Springs. The permanent population is estimated at approximately 481000 with another 30,000 people living in the City in the winter, bringing the total population to almost 78,000 residents during the winter season.

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Item 1L - Page 36
Palm Springs was incorporated as a general law City in 1938, with a council-manager form of government established in 1942. The City adopted a charter in 1994. Effective with the upcoming election in November 2019, the City Council will consist of five residents who are elected by districts, with the position of Mayor rotated annually between the Council Members.

The City is organized into 21 departments and operat~s and maintains a full range of municipa] services, including both a Police Department and Fire Department, an International Airport, Waste Water Treatment Plant, Convention Center, Animal Shelter, Library, Fleet Operations shop, Facilities Maintenance shop, and a full municipal parks and recreation program, including a public swimming pool. The City has approximately 500 FTE staff and a FY 2019-20 total budget of $270 million (the operating budget is $245 million} and an investment portfolio ~f $197 million.

The City is self-insured and purchases various (ines of insurance each year for additional protection. This insurance is purchased through the use of a professional insurance broker that has full access to the liability, excess workers' compensation, and property and casualty insurance marketplace.

3. SCOPE OF WORK AND SPECIAL REQUIREMENTS:

Scope of Work:

The Insurance Brokerage Services Scope of Work, as may be modified through negotiation and/or by written addendum, wm be made a part of the Agreement. While the exact nature and extent of the services are subject to negotiations, the minimum professional services include, but are not limited to, the following:

15. Act as an independent insurance advisor to the City of Palm Springs and proactively provide ongoing unbiased professional advice ~nd recommendations that benefit the City.

16. Proactivety provide ongoing review and analysis of the City's insurance programs and identification of risk transfer and risk financing options.

17. Be familiar with the major exposures of the City

18. Be familiar with the coverages provided by all relevant insurance policies and documents issued to the City.
_________ .J...K.o.._L..J~sure that insur~e_policies are Rlac_e_d in a timel manner without la ses in coverage periods, with reputable and financially responsible insurers.

20. Provide service for the insurance policies placed for the City including processing all changes and endorsements and verifying the accuracy of invoices within a reasonable time.

21. Provide early warning of rate and coverage changes or renewal problems through a process to be mutually agreed to with the City.

22. Upon request of the City, but at least once a year, provide a comprehensive report that reviews all of the City's insurance programs.

23. Through a mutually agreed upon process, monitor the City's operations and loss exposures and make any appropriate recommendations for coverage changes or new coverages.

24. Be available to answer questions or obtain answers from underwriters for policy coverage questions.

Page27 of 91
Item 1L - Page 37 25. Meet with City staff and designated representatives as reasonably requested. 26. Attend and be available to answer questions of City Council during the annual insurance renewal approval.

27. Provide consultation service and written reports as normally expected of a professional broker to a large client.

28. Provide assistance with claims as requested by the City. Assist in analyzing loss exposures from existing and new operations, and determine the appropriate risk management alternatives, including types, availability! cost and extent of coverages that should be considered.

We are now in FY 19/20 with the current insurance expiring June 30, 2020. All of the City's annual insurance policies are for the period of July 1st through June 30th• The City expects the broker to jntitiate the FY 20/21 renewal strategy in mid to late January 2020, followed by the applications submission process in February/March,. with marketing conducted in April/May. Indications from the broker are expected to be provided to the City in early to mid-April, with firm quotations in mid-May so that the City Council may vote on the insurance renewal in June, with coverage bound for effective date of July 1st• IMPORTANT NOTE: Firms who have a financial interest in a third party administrator, insurance company, servicing company, or. other entity which it intends to propose if chosen, must disclose such financial interest and must demonstrate their ability to meet the scope of services independently of such financial interests. Furthermore, firms are advised that the City of Palm Springs expects full transparency of any and all insurance or ·re-insurance agreements, contract documents, exclusions, disclosures of all participating members of any shared coverages, or any other documentation concerning or relating to the insurance coverage of the City of Palm Springs upon request. Failure to agree to full transparency and document disclosure as stated above shall result in your proposal being deemed unqualified for review.

Special Requirements:

A. Period of Agreement
The selected broker wil1 be appointed as the City's Broker(s) of Record for property/casualty and other insurance as required for a period of three (3) years with two (2) additional one-year options, at the mutual written agreement of the parties.

Appointment as· Broker of Record creates no right to reappointment or continued service. lf negotiations for renewal of this contract are delayed for reasons beyond control of broker, the contract shall automatically be extended under the same terms and conditions until terminated by written notice by either party or by execution of a new contract.

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Item 1L - Page 38
B. Policy Review
Review policies and other documents in detail within 14 days of receipt of the documents. Check the wording and accuracy of each policy,_ binder, certificate, endorsement or other document received from insurers. Ensure that the intended coverage is provided, all coverage, terms, conditions and other wording is complete and accurate, and in compliance with financial arrangements and administrative procedures acceptable to the City. Obtain revisions needed to achieve compliance with coverage request.

C. Policy Amendments
Process requests for additions or deletions to policies within five business days of receipt. Provide follow up with insurer that the insurer has handled the request. Advise in 'writing of any changes to insurance policies within 14 days.

D. Marketing

9. Monitor expiration dates of policies and provide the City with written notification at least 120 days prior to expiration, including a description of information needed to process the renewal.

10. Develop and implement a marketing strategy, including identifying· potential markets. for program renewals at least 120 days before policy expiration.

11. Develop underwriting information and assist in gathering and organizing exposure and loss data for renewals of policies placed. ·

12. Work with carriers to design policies and programs most advantageous to the City for coverage of exposures, policy form, exclusions, deductibles, self-insured retentions, coordination with other policies, costs and other pertinent factors.

13. Market renewal coverages for the City by obtaining timely and competitive quotations from available and responsible insurers & re-insurers.

14. Provide quotations to the City at least forty five (45) days prior to insurance policy ------ ---~eAlxp~i-raUlti.vo:rumless...otherwise_apprmre~_b}u=he~C'-'-"it'cl-'y . .___ _______________ _

15. If requested by the City, provide the City with copies of declination letters and all premium quotations received with a summary of coverages explaining deficiencies or benefits of the quote compared to the recommended insurance program.

16. Provide quotations for specialized types of insurance, as requested by the City.

E. Claims

7. Assist the City staff, as necessary. with filing claims.

8. Work with outside claims adjusters as necessary.

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Item 1L - Page 39 9. Represent the interests of the City in policy interpretation and other negotiations with insurance carriers.

10. Assist the City with review of claim reserves, and represent the City to the insurer with regard to requested explanation or reduction of reserve amounts. Follow-up with insurer as necessary until resolution of any reserve reduction requests are accomplished or untn claim is closed.

11. Review all quarterly loss runs for all claims on all coverages. Evaluate loss history for trends or other indicators that might dictate changes in coverage strategy, deductibles, retentions or limits.

12. Provide annual summaries by policy year for each of the last five years indicating total number of losses by type for each line of coverage and showing earned premium, incurred losses and [oss ratio.

F. Certificates of Insurance
Issue certificates of insurance within three (3) business days following the date of request.

G. Contract Review
Review contracts and lease agreements as requested and notify the City whether the insurance programs of the City are in compliance with insurance requirements of contracts and/or agreements.

H. Legal Compliance
Comply with all State an~ Federal laws and regulations pertaining to insurance brokers licensed in the State of California.

4. MINl~UM QUALIFICATIONS AND PROPOSAL REQUIREMENTS:

Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs. etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP.

Minimum Qualifications:

All firms submitting a. proposal shall meet the following minimum qualification requirements in order to be considered:
• Shall be. licensed as insurance brokers in the State of California. A copy of current valid license is to be provided with response;

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Item 1L - Page 40
• Shall have at least 5 (five) years of experience in providing brokerage and property and liablllty claims administration services to municipalities; • Shall have the ability to place all lines of coverage currently purchased by the City, or that may be appropriate for the City.
• Shall state in the cover letter that they agree to full transparency of any and all insurance or r~insurance agreements, contract documents, exclusions, disclosures of all participating members of any shared coverages, or any other documentation concerning or relating to the insurance coverage of the City of Palm Springs Upon request. ·
In addition; all firms shall have at minimum:

1. At least ten (10) years of experience with commercial insurance policies.

2. At least ten (10) years of experience working with governmental entities.

3. No prior history of corrective action with the California Department of Jnsurance.

Firms are required to submit evidence of each of the above Minimum Qualifications, along with a Cover Letter in the front of thejr proposal. Only proposals from those firms that meet ALL of the above Minimum Qualifications will receive full review and consideration of the Evaluation Committee. This part of the submittal is Pass or Fail - there are no points. Only those firms that Pass ALL of the minimum qualifications above will quafify to have their proposal fully evaluated based upon the Criteria set forth below in the RFP.

5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposals {RFP) format. Accordingly, proposers should take note that multjple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINlNG CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted.

6. PROPOSAL EVALUATION CRITERIA: For only those firms that met, and Passed. all of the Minimum Qualifications as set forth above, an Evaluation Committee. using the following ----- valuation eritefi-a--fer-trns-RFP,wffi-ev·ak:tate-all responsive-prepesals-te-this--RF-P~ FmS--rt-f+!!------ requested to submit their proposa[s so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):

A. Personnel Qualifications / Firm Organization and References - (30 POINTS) , Qualifications and experience of the staff assigned to manage and provide insurance brokerage services to the City. Knowledge of and experience with public entity programs and markets; ability to identify and respond to the exposures of the City; ability to design a responsive and cost effective program; demonstrated ability to represent the City's interests above the interests of a single carrier, service provider, or intermediary; technical expertise and experience of the principals and support staff; depth of resources; proven track record with entities of similar size and coverage; leverage in the insurance marketplace; and relationships with carriers.

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Item 1L - Page 41 B. Conceptual Plan (35 POINTS) - Proposed work approach, addressing all aspects of the Scope of Work and Special Requirements as defined in the RFP, including a Conceptual Plan of how the proposed insurance program for the City would be structured.

Demonstrated service standards; process for ensuring client satisfaction; proposed marketing plan and strategy; claims assistance plan and approach to all other regular and routine tasks as required.

C. Local Preference (5 POINTS)
Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section F.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, mayl be awarded to those that qualify as a Local Business. Two (2) points may be awarded to a non-local business that employs or retains local residents and/or firms for this project.

Non-local firms that do not employ or retain any local residents and/or firms for this project shaH earn zero (0) points for this criteria.

D. Contract Fees (30 POINTS) -A final contract shall be negotiated with the selected firm on the basis of the submitted cost proposal/contract fees and in consideration of reasonable and mutually agreed costs· and time requirements.

PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past;projects.

7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, ~nd are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be in an 8 ½ X 11 format, minimum 1 Opt font size, minimum ¾" margins1 and may be no more than a total of thirty (30) sheets of paper, which may be double-sjded, including cover letters, the minimum qualifications, organization cha~s, staff resumes, appendices, and any exceptions to the language in the sample agreement, or to the insurance requirements. NOTE: Front and Back Covers, Dividers, Attachments "A", "811 , uo", "E''. and Addenda acknowledgments, and the Contract Fees (*in a separate sealed envelope) do NOT count toward the limit (everything else does). Interested firms shall submit SIX (6) copies {one marked "Original" plus five (5) copies) of BOTH your Qualifications/Conceptual Plan Proposal and your Contract Fees, and one (1) Thumb Drive or CD of the entire proposal (including the Contract Fees), by the deadline.

All proposals shall be sealed within one package and be clearly marked, "RFP #02-20, REQUESTS FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES". Within the sealed proposal package, the Contract Fees shall be separately sealed ·from the Qualifications/Conceptual Plan. Proposals not meeting the above criteria may be found to be non-responsive.

EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES:

Envelope #1, clearly marked "Qualifications/Conceptual Plan", shall include the following items:

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Item 1L - Page 42
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B) • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley:
• Completed. No Conflict of Interest and Non-Discrimination Form (Attachment D) • Completed Business Disclosure Form (Attachment E)
In addition to the items above, at a minimum, firms must provide the information identified below. AII such information shall be presented in a format that directly corresponds to the numbering scheme identified here.

QUALIFICATIONS, CONCEPTUAL PLAN. and LOCAL PREFERENCE: The Qualifications/Conceptual Plan (Envelope #1) shall be clearly marked and shall include an of the Information below:

QUALIFICATIONS:

1. Letter of Transmittal

2. Personnel: Provide the name, title, brief resume and qualifications of arl personnel who will be assigned to this program, including the primary management contact and all person(s) responsible for day-to-day work on the account.

3. Firm Organization
a. Name of firm, date established, approximate revenue and approximate number of employees.
b. Whether the firm is locar, national or international. c. Location of office to serve the City
d. Number of years firm has been in business under the present name, as well as related prior business names.
e. Describe structure anq ownership of firm. State whether the firm is an individual proprietorship, partnership, limited liabUity company, corporation or joint venture.
a e all tinanaal interests in other Imes of business and/or entitles. g. Describe the range of services provided by firm and the qualifications of the firm to provide the services desired in this RFP to t~e City. h. Give the name(s) of the person(s) who will be authorized to make representations for firm, titles, addresses and telephone numbers. i. The number of individuals available to provide direct service to The City. j. If there are any judgments, claims or suits pending or outstanding by or against your firm, details must be submitted on a separate sheet. k. List all lawsuits that have been filed by or against your firm in the last five (5) years.

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Item 1L - Page 43 4. References: Five (5) current references of public agencies including:
• Organization Name, Address c!nd Telephone Number
• Name of Current Contact Person in Agency and their current phone number and email address.

CONCEPTUAL PLAN:

In addition to the above, the proposal shall include the following:

1. A brfef synopsis of how the firm's experience and approach are best suited to meet the insurance needs of the City. Indicate features, skills, or services that distinguish the firm and make it the best choice for the City.
'

2. Description of methods employed to obtain and disseminate information about current local, statewide and nationa[ legislation. trends, new services, new concepts to the account team who would service this account.

3. Examples of firm's leadership, creativity and innovation that was a benefit to its customers.

4. Exp[anation of any services described in the RFP that cannot be provided.

5. Describe potential designs of how the insurance program could be structured. Include discussions of risk analysis, design of coverage forms, use of deductibles. self-insured retentions or other alternative risk financing, layering of primary and excess coverage (if applicable), use of manuscript policies, and any services available or to be provided by insurers as part of the insurance placements. Describe how the marketplace would be approached, whether directly or through surplus lines facilities, brokerage firms, foreign brokers, reinsurance intermediaries, etc. Specifically describe involvement in reinsurance or excess insurance arrangements.

6. Describe the activities and services that would be provided to the City as part of the broker agreement. If available, include descriptions of support that would be provided in such areas as loss control, risk financing! risk analysis and other related services.

LOCAL PREFERENCE:

Pursuant to the City of Palm Springs Local Preference Ordinance 1756. in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with th~ law and interests of the public. The term "Local Business11 is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition. "Coachella Valley"

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Item 1L - Page 44
includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.

The consultant wi1l also, to the extent legally possible, solicit applications for employment and proposa[s for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.

In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility.

List all team members with local expertise. Clearly define their role in the overall project.

CONTRACT FEES PROPOSAL: The Contract Fees Proposal ... USE ATTACHMENT "C" - (Envelope #2) shall be clearly marked in a separately sealed envelope with 6 copies (1 marked "Original,,}:

It is anticipated the brokerage firm will be paid for all services o,n a fixed annual fee. Such fee should be a base fee for services and should assume that the broker is not entitled to any commissions for any coverage procured on behalf of the City. Any exceptions to this requirement should be noted in the proposal. In the event that a particular insurance company whose coverage is most advantageous to the City will not write coverage net of commission, commissions received for coverages procured by the broker shall be disclosed and credited against the fees. Such fees and commissions will be subject to audit at the discretion of the City.

The annual Contract Fee proposal should be defined for each of the 5 years of the potential agreement (3 years plus· 2 one year optional renewals), defined as:

FY 20/21 renewal:$
FY 21 /22 renewal: $
FY 22/23 renewal: $
FY 23/24 renewal:

FY 24/25 renewal: $
Grand Total for 5 years: $
We are now in our City's FY 19/20 with the current insurance policies expiring June 30, 2020.

All of the City's annual insurance policies are for our fiscal year, which is the period of July 1st through June 30th• The City expects the insurance broker to initiate the FY 20/21 renewal strategy in mid to late January 2020, followed by the applications submission process in February/March, with marketing conducted in April/May. Indications from the broker are expected to be provided to the City in early to mid-April, with firm quotations in mid-May so that the City Council may vote on the insurance renewal in June, with coverage bound for effective date of July 1st•

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Item 1L - Page 45 Failure to use the Contract Fees Proposal form (Attachment "C") provided by the City WILL be cause for rejection of a proposal. Do NOT include Attachments "A", "B", "D", or "E" in the Contract Fees Proposal1 Envelope #2,. Attachments "A", 11B11 , "Dlt, and "E" are to be included in Envelope #1, "Qualifications/Conceptual Plann.

8. GENERAL AND SPECIAL CONDITIONS:

DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, THURSDAY, OCTOBER 101 2019. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to:

City of Palm Springs
Procurement and Contracting Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal.

Any questions, technical or otherwise, pertainjng to this RFP must be submitted IN WRITING and directed ONLY to:

Craig Gladders, C.P.M.

Procurement & Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: [email protected]
Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the .RFP. The deadline for all questions is 3:00 P.M., Local Time, Wednesday, October 2, 2019. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications win be without legal or contractual effect.

FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Servi.ces Agreement (see Attachmen_t "G"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These

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Item 1L - Page 46
exhibits will be negotiated with the selected firm, and wm appear in the final Contract Services Agreement executed between the parties.

We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of lnterest11 and "Covenants Against Discrimination" and recommend all firms carefully consider these.contractual requirements prior to submitting a proposal in response to this RFP. Firms that submit a proposal in response to this RFP shall certify the following:
a) Confrict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial Interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. b) Covenant Against Discrimination. [h connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity. gender expression, physical or mental disability. or medical condition (each a "prohibited basis"). pontractor shaU ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement. Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, Including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sote discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. ·
TERM: The term of the agreement that is awarded as a· result of this RFP shall be in effect for three (3) years with two (2) additional one .. year optional extensions.

AWARD OF CONTRACT: lt is the City's intent to award a contract to the firm that can provide all of the scope of work and servjces identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be

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Item 1L - Page 47 recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or an proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

INSURANCE: Jnsurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal.

RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes1 is rmt a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected.

PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any · other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and · staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. (1) Although the California Public Records Act rcPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. Jf a request is made for information marked "Confid~ntial," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.
(2)
(3) If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released. and 4) must indemnify and hotd harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE

ALL OF THE INFORMATION, VIA A BLANKET STATEMENT,- IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON-RESPONSIVE.

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Item 1L - Page 48
(4)
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process.

COMPLIANCE WITI-J LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws. statutes, ordinances lawful orders, rules, and regulations.

LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shaH, at its sole cost and expense, keep in. effect at all times during the term of the Agreement if so awarded, any license, permit, qualification. or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessar.y for the Proposer's performance of the Work and Services required .under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest Jevied, assessed, or imposed against City to the fullest extent permitted by law.

BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax".

INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. (5) NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non-Collusion provided as Attachment "B" in the RFP and ________ , ...... · _c.h.ldeJtwithlbe_ir___pr.op_o_s_al~ ----------------------- PROPQSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.

OTHER PUBLIC AGENCY "PIGGYBACK" CLAUSE11 : It is intended that any other public agency, at the mutual consent of both parties and consistent with the public agency's policies and procedures, be permitted to purchase under the terms submitted in response to this procurement. Any participating agency shall take sole responsibility for the placing of orders, arranging for delivery and or $ervices, and making payments to the vendor, contractor. or consultant. The City of Palm Springs will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with the participation by other public agencies.

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Item 1L - Page 49 SIGNED PROPOSAL AND EX<;:EPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved.

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EXHIBIT "C"

CONSULTANT'S PROPOSAL
---- ----- - -------

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Response to
RE·QUEST FOR PROPOSAL
Professional Insurance Brokerage Services
Qualifications/Conceptual Plan
RFP #02-20
City of Palm Springs
October 10, 2019
Presented By
John Stephens, Senior Vic:e President, P&C Public Agency 2355 c,ensha1.•1 Blvd, Suite 200
iorrance, CA 90501
949.940 .. 1760. ext. 5161

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TITLE PAGE

CITY OF PALM SPRINGS
Professional Insurance Brokerage ~ervices
Qualifications/Conceptual Plan
RFP #02-20
October 10, 2019
Presented By:

Kel-han
..-l'.)~_'!.r,iAa
John Stephens
-----·-----S,enior-Vic~President, P&€--Public Agency ---------------------- 2355 Crenshaw Blvd, Suite 200
Torrance, CA 90501
Phone: 949.940.1760, e,ct. 5161
E-mail: j [email protected]
/Jceuse No. IJ./512;: 1 Innovati\le SoluJiow;. F:11during Principles.

Ke.ehan
.•f1~~.l1 r •

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TABLE OF CONTENTS
COVER LEITER .......................... " .......................................... _ ............ _ ................... ...... _ V l\lINL\1Ul'-I QUALIFICATIONS .................................................................... - ........................ 1 QUALIFJCATIONS ......... -........................................................................ ---······ .. • ... 3 PERSONt-lEL ...................................................................................................................... 3 FIRM ORGANIZATION .............. -........ -................................................. _ ............................. 5 REFERENCES .................................................................................................................. -· 8 CONCEP'TUAL PIA.i~ .............................. "······· .. ···· .. ··•········· .. ············-····-··-········ .............. 11 SCOPE OF WORK: ................................................................................... ············ ............ 11 SPECIAL REQlJ]REJvlUNTS: ..................................... : ........................................................ 16 A. i>ctuoo oF AGREE}.1EN'f ......................................................................................... 16 B. Po1.1cv REvTew ...................................................................................................... 16 C. POI.lCY A?v!END:\.tENrS ........................................................................................... 16 D. MARKETING ........................................................................................................... 16 E. CL.All\,{$ .................... - ............................................................................................ 19 F. CERTIFICATES OF INSURANCE ................................................................................ 20 G. CoorRAcr REVIEW ............................................................................................ , .. 21 H. LEGAL COMPLIANCE .............................................................................................. 21 ADDITIONAL REQUIRED REsPONSES .............................................................................. 21 SERVICES Av AILABL'E AT ADDITTONAL COST ............................................................... 29 ' LOCAL PREFERENCE .................................................................................. " .................... 33 REQUJRED A TI Actt.,1Et"l1S ................................... ___ ······-.............. " .................... 35 Ke.e-kan
I.Jc(lme No. 0./512 7 J lnnovativ~ Solutions. Enduriilg Principles.

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COVER LETTER
October 10, 2019
City of Palm Springs
Attn: Mr. Craig L. Gladders, C.P.M.

Procurement and Contracting Manager
32Q0 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Gladders,
2355 Cren$haw Blvd.

Suite200
TOO"ance, CA 90501
License #0451271
310.212.3344 310.328.6793 fax Main
WVl,W,keenan.com
Thank you for the invitation to participate in the RFP for professional Insurance Brokerage Services for the City of Palm Springs. We are proud to have been the•City's insurance broker for the past ten years and confident that the City has found that our capabilities over the years represent the highest level of service available to the City. A couple examples include:
• Reduced Premiums: We've delivered significant premium reductions by restructuring the City's program while continuing to broaden the City's coverage wherever possible. • Reduced Retentions: We reduced the City's workers' compensation self-insured retention from $2M to $IM per occurrence whi]e continuing to deliver cost savings. • Negotiated Claim Settlements: We negotiated a very complex property loss with the carrier resulting in over a S lM of clafm coverage that was excluded from the policy. • Resource for the City: Our in-house resources include access to risk management • technology where City employees have completed nearly 1,500 online safety trainings.

Our proposal provides a more in-depth detail of how we we've accomplished such results. Thank you for the opportunity to continue to be of service to the City of Palm Springs. We look forward to continuing our partnership with the City for Insurance Brokerage SeIVices.

Sincerely,
John Stephens
Senior Vice President

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Item 1L - Page 55 .. .. .. - . . . .,.~. . . .. .,. . . ... ~ . . . ----~~- . - '·. . • ·§fly o(Palrr.$(5clngs • .. ;~ ~. • ~ :•• • . '"·~•... , .. , ~"""': l(cspo~ l!J 1~ ~Leber. )0. 2(>1? · • •!o'\> ·-~ .fQr P.rofession:.¢1nsucy-.cc:Brol:er .Sen·ices ·-
. . ,. .

MINIMUM QUALIFICATIONS
All firms s11bmitti11g II prupos11l slrnll meet tlie following mil,i11111111 qll(1/ffication re,111irements In order to be co11siclere1I:

Keenan meets all of the Minimum Qllalifications, as noted below. • · Sl,all be license,/ as insurance brokers in tire State of Ctdifornia. A cop),' of t:t1rreJ1t i·ali,l liceme is to be prm•i,le,l witlt response,· Keenan's Department of Insurance License Number is 0451271. A copy of our license is included in the Required Attachments.
• Slwll hITT·e at le1,st 5 (fi1•c) Je11rs of experience in pro1ridil1g brokerage and property and liability claims ndmi1ristration services to 1111111icipalities; Keenan has specialized exclusively with public agencies since our inception in 19.72.

We have been the broker/consultant for the City of Palm Springs for more than 10 years along with over 24 agencies in Riverside County, your local school district Palm Springs USD and the Palm Springs Convention Center.
• Sliall l,m·e. tl,c ability to place all li11es of co1·erage c11"ently p11rcl,ased b)' tire City, or tl,at may be approJJriatefor tire Cit)•.

We have this ability and as the current broker/consultant for the City of Palm Springs, we have demonstrated this ability to place all lines of coverage requir:ed by the City. • Sfu,/1 st11te in tire co\'er letter tl,at tl,ey agree to full tr,m.-.parem.,• of any mu/ all i11s11ra11ce or re-i1u11ra11ce agreements, contract ,loc11me11ts, excl11.do11s1 ,li.iclo.urres of all participmil,g members of any .r/,ared cm•erage.i, or a11y 01/ler 1lot:ru11cntation co11cer11ing ar relt1ti11g to tile insurance cm•er11ge of tl,e City of P4lm Spring., 11po11 rcqr,est.

As indicated in the cover letter, we agree to full transparency of any and all insurance or re-insurance agreements. contract documents, exclusions, disclosures of all participating members of any shared coverages, or any other documentation conceming or relating to the insurance coverage of the City of Palm Springs upon request. /11 ntlditio11, all firms sl1t1II hm•e at mi11i111um:
• /_ At lellst ten {I 0) years of c:i:perience 1t1ith commercial in.mrtmce policies..

Keenan has more than 47 years of experience placing commercial insurance policies. /Jce11se No. fJ-15/2i I Innovative SoluJinns. H11duri11g Principles.

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2. At le1,st te1t (10) years of t!.\.peri,mce working wit!, go1•ernmental entities.

Keenan has worked exclusively with public agencies since our inception in 1972 J. No_prlor l,i.ffory of correcti1•e action wit/1 tl1e Califortda /)epartm,mf of lmmra,,ce.

Keenan has no prior histoty of corrective action with the California Depamnent of Jnsurar;ice.

Firms are re,111ired to submit e,·i,lence of eac/1 of t/1e 11bo1•e ·.MiJ1i11111111 Qualifications1 along ,vit/1 a·Cover l.ettl!l' in tl,efrrmt of tl1eir proposal. OnlJ' pl'oposaltfrom tltosejirms tl,at meet ALL of t/1e above .1.'Ui11imm11 Q11alijications will receive fi•II review a11d co11siclemtion of tire E,·alualion Committee. Tl,is part of t11e s11bmittal is Pass or Fail - there are no poi11ts. 011/y tl,ose firms tl,at Pass ALL of tl1e mi11im11m q11t1/ificatio1is 11bol'e 1i1ill q11ali/)• to have tl,eir proposal /11/ly el'aluate,1 ba.sed 11po11 tile Criteria set f ortlJ helm, in tl1e RFP. October lo, 2019
We have provided the necessary information in the cover letter and minimum qualifications.
2 l.ice~rse No. O.JS I 2 71 ]fmavative Solutions. H11d21ring Principles.

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Item 1L - Page 57 .. ,. .. "~ a ' • ' .p ,c:i•,.~ .. -- • ., ~c,.t• ,;,~ : 11 _ ;,II : ·~}i$'6ftP.atm Springs ,, • "'; • • • .t,.·i . •' ; ~- _ '. ~9.•• 'l<cspo~to 0ct.obcr-.10. 2019 •• Q - JlFP for.Profci;sfuba11'.rtsurance-Brokcr &f\:iccs · -
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QUALIFICATIONS
Q11alijiC11tiow; ruul cxperie11ce of tlzc staff assignetf to mrmage mu/ pnni,le ins11nmce brokerage .ver1•ices to tl1e City. K11owledge ,,Jam/ experie11ce wiflz public ,mtity programs anti markets; 11bilit)' to identify a11d respoml to lite e.,posures of tlte Cit)',' abililJ• to ,lesig11 a respon.ti••e 111111 cost cffeclfre program; 1/emonstrate,I ability tn repre.rellt tlte Cit)' 's interests 11hol'e tlze interestl· of a single cnrrier~ sen1ice pro1•itler, or intermeliimy; teclmical expertise aml experie11ce of tlze prillcip,ds and .mpporl staff; deJJt/, of resources; pro11e11 track record"it/1 e11tities of similar site am/ t:tJJ'erage; le\·er11ge ilr t/,e i11s11ra1,ce marl<etplt1ce; am/ relations/tips wit/J carriers.

PERSONNEL
Provide tlte 1,nme, title, brief resume aml q11alijicarions of alf personnel u-f,o. will be assigned to tlzis program1 im:lmli11g t/1e primary mm,agement co11tacl anti all 11ersOJiM responsil,/efor clay•fQ-day work 011 t1re acco1111t.

The following Key Personnel wm support the City of Palm Springs.

Service Team
• John Stephens-Public Agency Practice Leader, Primary Management Contact • Vanessa Penn-Account Executive. Day-to-Day contact support • Monica Mojarro - Account Manager. Day-to-Day contact support • Jessica Blushi - Casualty Placement Specialist
• Wiski-Linnelte Lee -Property Placement Specialist
• Rena Svetic- Ancil1ary / DIC Placement Specialist
• Adolph Hernandez -Property & Liability Claims Specialist Following are bios for these Key Personnel:

Miffil.ffii f& ,tW@dihii&Miffitttaffid1Ji®tiJ Mifii4§1;£4,iiiffii IN John has been in the Insurance and Risk Management industry for 28 years. John is a Senior Vice President and oversees the Property .& Casualty Public Agency Practice which includes approximately 600 California Public Agencies and 40 Joint .Powers ; Authorities. In addition to being the lead consultant and broker for the City, John works directly with the insurance and reinsurance marketplace in U.S., Bennuda, London and other domiciles on behalf of Keenan and the City.

John has both Fire & Casualty as well as Life & Health licenses in the State of California. John graduated with a Bachelor of Science degree in Business Administration from California Lutheran University.
3 Ke.en.an
/jcense No. 0./51271 Innovatiw Solutions. RnduriJtg Principles.

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~iTtyof PiJlm Sprn1~ • ~~ '!.> • 'ii>.;• -~ ;.,a"i Rc-sponsdu '"' • 0...--tobcr: lO. 2QHI ",! •RFP forProfcssfuD.11 'Insur:wcc·Brokcr &nices Vanessa Pena, Account ExecutiveJ joined Keenan in 20 I 0. Vanessa has been in the insurance industry since 1997 and has expertise with account management, market placement and construction programs. Over the past nine years Vanessa has been working exclusively with California public agencies by helping manage their risks specializing in areas of insurance, re-insurance, self-insurance and risk management consultative services. Vanessa is responsible for account management, operations and business development of municipalities, special districts and public agencies in Southern California. Vanessa is a graduate of the University of Redlands with a Bachelor of Science degree in Business. She is- a licensed Fire & Casualty Agent/Broker and has earned a professional designation as Construction Risk Insurance Specialist (CRIS) and Associate in Insurance Service (AIS).

Monica Mojarro joined Keenan in 2011 and provide~ a4ministrative and internal account support to the Vice President of Property & Casualty and the P&C Integrated Service Team. As Account Manager, she provides customer service to our municipality · clients throughout our Southern California territory. Monica is responsible for day to day client servicing, including: policy renewal preparation and submission, risk management and coverage inquires. Monica is a graduate of California State University Long Beach. and she obtained her Master's Degree in Public Administration with a concentration in employer/employee relations. Monica is a licensed Property & Casualty Broker/ Agent.

Jessica has been helping California public agencies manage their risks for over 15 years. Jessica specializes in the areas ofinsurance, re-insurance, self-insurance and risk management.

Prior to joining Keenan, Jessica's industry experience included serving as an account manager with Alliant Insurance Services specializing in large municipal accounts.

Jessica's experience in the self-insurance and risk management areas was further developed when she served as the Underwriting Manager for CSAC Excess Insurance Authority where she was very involved in CSAC EIA's administration of the JPA's Property and Casualty Programs. Jessica supervised the underwriting staff, provided oversight of prospective member underwriting and cost allocation m(?dels, and also provided risk management consulting and other menlber services. Jessica has also served as a pool administration and risk management consultant \\ith Bickmore Risk Services.

Jessica studied Business Administration at California State University, Fullerton and maintains a Fire and Casualty Insurance Broker's license. 4 /Jcense No. 0./51271 Innovative Solulions. Hnduring Principles.

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Prior to joining Keenan, Wiski was the Lead Property Program Specialist for 12 years on the CSAC ETA Property Program and the Assistant APIP Program Coordinator for 2 years with Alliant. Her background includes complex California property and flood placements.

She understands the intricacies of the property marketplace and would be exclusive to the City's property pl:Jcement. Wiski is a licensed Fire and Casualty Insurance Broker license and a graduate of the Universjty of Redlands with a Bachelor of Arts in Government, English Literature.

R,en~. Sxetic, - ;1\ nciallary ./.D1C?i:u;e.~.ent S erinlist : : : _ · . .· _ Rena Svetic has a wide range of expertise within the insurance industry, where . she currently specializes in Public Agency placement of earthquake coverage and ancillary lines of business. She joined Keenan in 2002 and led the streamlining of the Property and Casualty appraisal process for public agencies. As business liaison for Online Client Applications, she worked with IT on program development. simplified the communicatioQ process, and conducted trainings. In her role as Marketing Sr. Account Manager, placement of earthquake, crime, cyber, management liability, and storage tank coverages became her niche. Rena holds a Bachelor Degree in Business Administration and the Insurance designations of ~INS and ARM.

Adol li .. He.rJialida- P.ro erit!&Liabilit O:iims:S -~cfulirt , . · _ ._ · .

Adolph Hernandez, Senior Claims Examiner - Municipalities, has been in the insurance industry for over 27 years, with experience in handling Property & Liability, Construction Defect, Home Owners and Commercial Liability claims. Adolph's insurance career started out at Aetna, and he served as Assistant Vice President/Branch Manager at Carl Warren & Co., Regional Vice President for George Hills Co., and Manager National Complex Casualty Claims for Crawford Global Technical Setvices.

Adolph graduated from the University of Redlands ~th a Bachelor of Arts in Sociology.

FIRM ORGA1'1ZA TI0N
lL Nam{! tJf firm, 1/11te ~tabli:d1e1/1 trpproximale re11e1me lllUI approximate 1mmber of employees.

Firm'Namc
Date-;Estalilished· • •
.

Appro:xi,p:~!e- Revwu~
Keenan & Associates
December 2, 1972
$210 million (Parent company, AssuredPartners has
annual revenue in excess of $1.3 billion) 751
/.iceme No. 0-151271 I nnm:atiw Soilllions. Hnduring Principles.

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'=I,. D ~ •O - • .j-: • • • , • Ob- ~~tj;oJ-t>alrn Sp1fo_s.!1 · .~• • • • ~. · • "'.,, _
• . . _ •. •"'41••· Rc:sponsdo •· •f~tobctlO. 2019 :RF.P·.forP.rofcss"iooai tn5nraoce Bm~r Sc!Niccs . . _._ • -.-· -=-_
b. JJ'l,etlier tl,ejirm is foenl, 11utio1ml or ilzternutional.

Keenan is a regional firm providing suppon to Ca1ifomia public agencies and healthcare organizations; we are part of a national firm that represents business across the United States, Canada and London.
c. u,cation of office to sen·e t/1c Cit;•
John Stephens will be the lead consultant with dedicated services to be provided out of Keenan's 'Riverside office, along with additional support from Keenan"s corporate offices in Torrance, California. Following are the contact information for these offices. 'I(eenan c·or orate Office -1:orrance Kcenan.Riversiile Office .- 2355·Grenshaw Blvd, Suite200 4204 Riverwalk Pk-wy Suite400 · · T rranch_CA 9050 l Riverside GA 92505 . ~=~==:'::
.___-:=Phone: 800.654.8102 ·· · ___ Ji Phone: 800,654.8347 _, __ ] ,l N11mber of year.f firm l1t1s hee11 in bmiiue.<;l· mulcr tl,e present 11ame, as 1,ell a.t rel1de1l prior b11sinelS names.

Keenan has been in business for 47 years.
c. Describe strucr11re am/ ow11usJ,ip of firm. Stnte wlie/l,er t/,cfirm is an imlfritlu11/ proprietorship, part11ersl,ip, limitetl li11bility company, corporlltiu,, or joi11t 1·e11t11re.

Keenan is a California C Corporation. In April 2017 Keenan joined AssuredPartners, Inc. AssuredPartners, is privately held and acquires and invests in insurance brokerage businesses (property and casualty, employee benefits> surety and MGUs) across the United States, Canada and in London. Founded in March of2011. AssuredPartners is •pne of th~ fastest growing ins~rance brokerages and has grown to more than $1.3 billion in anooalized revenue with 180 offices throughout the United States, Canada and London. Keenan is the public entity leader f'or AssuredPartners and provides national public entity expertise. We have a national footprint to help us negotiate the most favorable coverage terms and conditions for our clients and allows us to provide an even broader spectrum of public entity risk management support services. f. St11te nllflmtm:iu/ interests iii otT,er liues of hrisiliess and/or entities.

Keenan & Associates is a full-service brokerage, claims administration and consulting finn. We do not own a wholesaler. nor do we have any financial interests in any other tinns. We own and operate Meritage Insurance Group; a Hawaiian captive owned 100% by Keenan. Its purpose is to assume a portion oC the risk of various products, solely at the direction and request of various public agency pools we serve. None of this applies to the City of Palm Springs.
6 l.icense No. 0-15 /2 71 lnnomtil~~ S,'>ll!lio11s. Enduring Principles.

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Item 1L - Page 61
g. Describe the range of services pro11,led by firm mul tlie 11ut1lific11tiom of tire firm to provide t/,e sen·ices de.dretl ill this RFP to tl,e Cilj•.

Keenan provides high quality. innovative products and services that add value. increase reliability and provide financial security for our clients' property and liability, workers' compensation. and employee benefits programs. Our services include. Broad Risk Management Services; Claims Administration Services; Full Range of Insurance Broker Services; JPA Management and Consulting; Risk Management and Loss Control Consulting and Services and Financial Analysis and Planning for Creative Funding Options.

We provide services to over 700 California public agencies which enables us to have an innate understanding of the unique issues facing the City of Palm Springs. Our services include in-house capabilities in all areas. We believe this integrated approach lends itself to providing consultative expertise to clients electing to handle services inhouse, providing the services directly at our clients' request, or more effectively overseeing other vendor~ for b~tter coordinated, more efficient, and less costly programs.

We represent the largest exposure and loss database of California public agencies. We· place insurance covering more than $85 billion of insured· values and more than $15 billion in covered payroll.

Ji. Gi,,e tl,e 111111,e(s) of tl1e person(s) w/10 will be t111tlwriz.e,l to make represe11tations for Jinn, titles, ad,lresscs am/ tc/cplzone ,mmbe~·.

John Stephens and Vanessa Pena are authorized to represent Keenan in discussions related to negotiating and binding coverage for the City: Following are their contact details:

John Stcphen·s Vanessa .Pena
·i jSr. Vice fresidci1t ■-_ ~ ·~ • AccoimtExecutivc . • • ··901 (:al1e· Amanecer, Suite 200 4204 Riveiwalk Pl'Vi'Y Suite 400 ' · San C~~is CA 92673 Riverside CA 92505
:=::::~P;;:h:::on:::.;e;;:;..2_;;=.4::=9:::::~9:::;4..;:::Q-:...::::17;::6:;:0..,_;=e=·x~t. ;:::5:::::16::::l;:=:=-7::::! ~hone:. 800.654.8347, ext. 1169 ~:J __ .__
·E __ m __m_,· __ 1 :__.j __ s·t .... e ... nh __ e __ n __ s@_.k__.·e...,e...,na ... n ....co...,;,,_m_,__ _ __,t t Email: vpena/'@.keeoan.com ==u · Additionally, members of Keenan's Executive Leadership Team may also sign contracts on behalf of Keenan. Following are several members of Keenan's Board of Directors/ ·Executive Team:
• Sean K. Smith. Chief Executive Officer
• Dnvid Seres, Chief Operating Officer
• Keith Pippard. Corporate Secretary
• John Stephens, Sr. Vice President
• Jenise Tomasello, Senior Vice President
7 /.ice11:;e No. 0-/5 J 21 l lnnO\'Gll\'.e SoluJions. Enduring Principles.

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• -,.,,~;. •,: , •• • • ~ aa . - - -~.!'.- • • '>.a ii~.- ~0 •,-,!' -.- "I ¢Jt~:of P:Jllll SpnOg$i - • :.~ ..... -- '• • ·; ~~:~ •• ~~1~!-- :· ~~--. ~']<>~ti) 'a • October !O. 2019 · -,1• -,jti:};1fotPmfessi.onal fz1snr.ti~Brol.:cr&n:ice.s .
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. ... .· .; . . -
i. The mimher of imlfri,l1u1ls iwailt,ble to pro,•itle tlircct scn·ir:e lo The City.

We will provide all sorts of Corporate r~ources. though the primaiy service model for the City includes a dedicated team consisting of the seven representatives previously identified on Pages 6-8. Each member of the team provides a very specific and specialized skiHset ranging from Property, Liability and DIC coverages to Consulting, Analytics and Claims Management. What makes us unique, is all of these resources are in-house ~nd we provide a seamless service exp~rience for the City. Our Service team will be readily available to provide account management services, risk management consulting. marketing services, safety training, claim oversight, certificate issuance and contract insurance compliance review.
j. If t/1ere are Un)' j111lg111e11ts, claims or suits pemli~g or outstamlil,g by ur ag,rimt your firm, details 11u1st be snbmitte,I 011 a se}'arate slteet.

There are no judgments, claims or suits pending or outstanding against Keenan which woul9 impact our ability to provide services to the City of Palm Springs. As a normal incident to conducting its business, Keenan has historically been involved with and has successfully resolved various investigations, claims. or complaints, none of which had a material adverse effect on Keenan or our ability to provide setvices to our clients.

Keenan & Associates continues to maintain general liability and errors & omissions insurance covering our business activities and anticipated potential liabilities. k. List t1lf lmvsuit.f tltttl l1aw1 beim ji/e<I by or ngltitist yo11.r firm ht tl,e lt1.'il five (5) years.

Please see our response to the previous question.

REFERENCES
Fh-e (5) c11"e"t refere11ces ofp11blic agencie.1 inclmling:
• Orgtmitnti,m Nt1me, A,ltlre.u aml Telepfume N11mbcr
• Name of Cl1rrc11t Co,rfad Perso11 ;,, Agency am/ tl1cir c11rrent pl,one number om/ email-ad,lress.

We have provided services to the City of Palm Springs for over 10 years. During this time, we have significantly reduced premiums, restructured programs, placed additional coverages and helped resolved very difficult claims, some of which were excluded by your policy, as we successfully negotiated settlements in the City's interest. During this time, we have never once increased our fee and we believe the City is truly ~e best reference to opine on our services. In addition, we have provided · several other references and should you wish to speak with others, we can provide those as well.
8 /Jcen'ic No. 0-15127 I Innovative Solutions. Rnduring Principles.

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Item 1L - Page 63 : • ! " • : . II - • ,~•: • D .,. ~JI .._ • • - CityorP.almSprings :· .·:,.· · Rcspo~to OctoQCf'lO, 2019 . · RFP forPcoJession:i.l Insmancc Broker &1Yices -
. \ .. . :

Clic11l Nnme:

Point of (:ont;1.ct~
Addre!is:
' • II
Emnil:

Client Name: • :
"c,
Puinl of Cont:1ct:

Address:~ -
[mnil: • · · -
Oicnt Name,:

Point of-Conl.-tct;
Address:, •
rmail: J'.. • ..

Clicut Name:
n~• oJ~ "11a • 11
Poiut of Coutnct: · ·"'
I
Audrtss:
l'hone:. ·,, .
tmaif: • ~ -"' · • Vo, ' ••
City of Glendnlc
Ann Mauer
Chief Assistant City ,4ttorney
613 E. Broadway
Glendale, CA 91206
(818) 548.2080
am aurer@szten daleca. 20v
City of Upland
Rosemary Hoerning
Interim City'Manager lPublicWorks
I;>irecfor
460 N. Euclid Avenue
Upland, CA 91786
(909) 931-4106
[email protected]
City of Industry
Bing H. Hyun
Assjstant City Manager
1562S E. Stafford Street
City of Industry. CA 91744
(626) 333-2211
bhvunm:tj tyofindustry. org
<;ity of Cudaby
Jose Pulido
City Manager
5220 Santa Ana St.

Cudahy. CA 9020 I
(323) 773-5143 ext. 226
jpuJido@cityc:ifcudahyca.gov
9 (.lcc11.~ No. 0-15 I 2 i J 1,movative Solutions: ,F:nduring Principles.

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Item 1L - Page 64
• 'Cl ~ • • - -
- • ..

C1~• of:Palrn Spong," • llcSJ)()ri& to
OctoQCr 10. 20l9 .RFP. for Professional u!SUT3.oce Broi.:cr.&n.-ices Client Name:
".

Point of Confac t:

Ach.lr~s;
.
-
.

Phon(.':, : -: · •• · •
£mail:
. . .

City of Commerce
ElaPappo
Director of Human Resources
2535 Commerce Way
Commerce, CA 90040"
(323) 722-4805 ext. 2266
[email protected]. us
!Jce11se No. fJ-151271 lnnovau,.,e Solulions. F:nduring Principles.

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Item 1L - Page 65 : .~:~ o .-.- ;i .. O e • .-· - ~~- •• ;., ~.. .. • <='t_cr,of'Pal111 Spri11$_s. " ~• ' "• : w ~~'If"':°• lf'r,. '~~. "Rt~po~·to • i 0.:tobi!l'.10. 2019 • • · l~ t'&rP~h:11 µ$r:ii1e:cl3rol¢rSo!r'-·kes - ' ..

CONCEPTUAL PLAN
Propose,/ work "pproai:/11 a,ltlres:;i11g ul/ aspects of tl,e Scope of Worf, tmd Special Requirements as 1lefi11e1I iJJ the RFP, i11c/ll{/i11g a Co11cept1wl Plmz of /sow tlze propnsetl ins,mmce program for tile Qty wozil,I be slmctured Demo11stn1tc,J ~·en·ice staml,mls; process for emmri11g clie11t sati.efacti011; propose,/ ,mrrketing plan aml .ttrnteg)'; claim~ assistance pla,i 11ml upprouclt to t11/ other regt4lttr (Im/ rouli11e tas!.s tis re,1uired.

SCOPE OF WORK:

The l11suram:e Brokert1ge Services Scope of Work, as may be modijietl f/,roug/J 11egotiation amVor by writte11 atltlem/zrm, will he made a pt1rt nf tl1e Agreeme11t. While t/Je exttcl m,ture am/ e.\1ent of the sen·iees t1re ~11hject to negotiudom~ the 111inim11m professio11al sen;ices i11clu1/e, b11t 11re 11ot limited to., tl1efollowing:

1. Act tlS 1111 i11depe11de11t i11sJ1ra11ce a,Msor to tl,e Ci(l' of Palm Sprillg$ am/ proactb•e/y prm•i,/e 01tgoi11g 1111hit1se,I professio11ul mfrice aml recnmmemlatim,s tltat benefit tl,c City.

We work on a flat fee and are not compensated via commissions so our incentive is to reduce your premiums and continually prove our value. We have done this by restructuring your programs and placing additional coverages, a]] of which were done without ever increasing our fee over the past l O+ years. We created various solutions over the years to help customers save millions of dollars, including the City of Palm Springs when we formed the Liability joint purchasing group which saved the City over $200,000 in the first year. As the City's broker, Keenan will continue to provide insurance brokerage and risk management consultative services that are in alignment with the City's philosophy and in the best interest of the City.

2. Pro11ctfre{v pro,•iJe ongoing n:view aml 11m1lysis ,if tlie City's i11s11ra11ce progrmns t1111I iJentificatim1 of risk trtm.efer t1ml risl,jimmc:ilzg ,,ptions:.

Insurance for public agencies is extremely specialized and changes frequently. As your insurance broker and partner, we will continue to provide an abundance of resources to support your risk management efforts and contain costs. We do not just provide brokerage services, rather, we provide a full suite of insurance and risk management services specificalty designed for California public agencies.

J. Be f amilirir i1•it/1 tl,c major exposures of tlw Qty Keenan is a public agency specialist and has a broad understanding of the vast issues taking place within California public agencies as well as the City of Palm Springs. AS the City's broker for the past 10 years, we are intimately familiar with .the City's exposures and the unique political and social exposures of such a Iarge tourist destination City. Following are four main issues we believe currently and will soon impact the City:
l l Keeh-an
nceme No. 0./512 71 Jnnovatiw. SoluJions. Rnduring Principles. .-i~.£!i.t1~!

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Item 1L - Page 66
• •• - ,,, 0 - •I ; .; : • ~ I _, Ii • ... 0 ,- f
4fy'tirPslm Sprfo~ ".'Rc-.spons.! ti)
October l0 •. 201!> ·RFPJor ProressionaI~.ccBmlcrS!n:~
• -'. - .t - • •
• • ....- - - .,.... # - • #
• Law Enforcement Legal Liability - There are critical changes in law enforcement legal liability that may have significant impact in defending police civil rights cases. New legislation has passed that removes confidentiality and permit limited pub] i c access to certain peace officer personnel records and video recordings through the California Public Records Act. In addition, pending legislation win require every law enforcement agency to update policy and train all peace officers with the police use of deadly force legislation. As you know, juries have significantly increased their awards against police departments in recent years.
• Social Issues - The increased homeless populations in California that get shuttled from one community to the next and the associated public safety, mental health, drug use and public health risks associated with those encampments. This will lead to new types of claims where cities are blamed for health-related exposures.
• Employment Practices Liability- EPL claims are one of the leading liability loss drivers for California public agencies. Even if the allegations are unfounded, it still costs about $50,000 to defend such claims. Once the settlement is added, it is about $100,000 per employment practices liability claim. While most of these claims will be within the City's retention and may not pierce the excess layer, this is undoubtedly an increase in costs for the City. • Excess & Reinsurance Market-The market is hardening for public entities, particularly those in California where attorneys use reptilian tactics to drive up liability costs. This in conjunction with the City's claims experience. California wildfires, capacity constrictions, aging infrastructure of public entities and the fact there is no tort cap in California wm continue to drive up insurance pricing.

A low interest rate environment will continue to provide capacity to keep pricing reasonable, though n11 of this could change overnight.

4. Be familiar wit!, t/1e co,•eragcs pro1•i1le,I by all reJc.~,anl i11.mra1ice pnlicies and cloc11111e11fl· iss11e1/ to t/,e City.

The Keenan Service team and marketing placement specialists will work with the.

City's staff in presenting the City's insurance policies and coverage form in a clear and concise manner. As your insurance broker and consultant, it is our job to ensure the City has a cl ear understanding of its program structure and coverage in place.

S. As.mre thal i11suram:e politics are pl(l{:eJ i11 a timely mam,er, without lap.lies ill col'erage perio,ls, wit Ir reptllllble 111111 financially responsible i,,s11rers.

Our Coverage Placement Specialists are tasked solely in handling marketing services and work on a proposed timeline that begins approximately 180 days prior to renewal date to avoid coverage lapse. It is within Keenan• s practice to work with carriers and markets with AM Best Rating of A- or better with an excellent financial rating. In the 12 fjce11se No. n.151271 lnno-mLive Solutio11-,·. Hnduriug Prindples.

Keehan
.•l:~.",.tj.J"t r J

Page 57 of 91 ends

Item 1L - Page 67 • • ,. I ~- ~: .. .. - - - ;--.: • - • - ~ -- Cityo.f'Palm Spring_s • • · . l¼ponsc to Qcto~r 10. 2019- . ::'. ~ forProfi!ssionaJJn$Jia1~eBrok--cr~ices • • • ..:. -1~ )'_•, : - - - - - -
event a carrier's rating drops below this, we will immediately notify the City and work to find a replacement coverage.

6. Prm,ide ser,,ice for tlze im11rance policies place,lfor the City im:lm/ilig proc:essbtg all c/umgc.r anti emlorseme11ts 11111/ 1•erif)'ing tl,e acc:11mcJ' of i11l'oit-es wifl1ili a re11somzblc time.

Account Management is a daily seivice we provide throughout the entire year. Your .dedicated account management service team will take lead in processing all changes and endorsements made to the City's insurance program including verification that the changes are processed timely and accurately.

7. Proi•itle e,rrly warui11g of rute and corerage cl,ange,,· or renewal problems tl,rougll a proc~ to he 11111/11'11/J· agree,! lo wit/J tl1e li{l-•.

As public agency specialists, we know surprises are never good and it's critical to forecast and finalize rates timely to help with your budgeting process. We've demonstrated this during the past 10 years as your broker and believe the pre-renewal meeting has proven to be an effective method of providing the City Vtith the current market conditions, projected rate and coverage changes. We conduct this in January to allow the City lead time to manage their budget development. We also provide very open and regular communication during the entire marketing process to ensure the City is kept informed of our marketing efforts including any unforeseen challenges.

8. Upon req11est of t/ze City, but at lea.u 011ce a year, provitle a cnmpre/,em;il't! report tltat reJ•iews all of tile (.iry 's ilmmmce program~
Measuring program results is not a task which should be left to an annual Stewardship Meeting, but an ongoing process. The Keenan Service Team will provide a comprehensive report of the -City's insurance_ programs with supporting data that demonstrates the financial impact of claim activity and loss control strategies at defined points in time. The results are presented in a format that can be understood by key stakeholders to City Council.

9. T/1ro11g/1 11 11111tmd/y 11gree,I upmr process, monitor tile City'i· operatio11s anti fosi· e_,;po.mre.'t 11ml make"")' uppropriute recom111e11dt1tim1s for coPeruge c/1a11ges or new co1•erages.

It is of the utmost importance to make sure our clients have an awareness and understanding of the exposures they have, the coverage in place, and what may be needed. We will explain what the possible outcome could result from these exposures if retained by the City. Although we've been your broker for IO years, we annually review your exposures to ensure we recommend and provide coverage(s) to best protect the City. This was exemplified when we restructured the DIC program to provide dedicated limits to the Waste Water Treatment Plant and also reduced your Excess Workers' Compensation SIR for police/fire from $2M to SIM per occurrence. 13 Ke~kan
/Jcem:e No. 0-151271 Innovative Solutions. F:11duri11g Principles. .-t's~~_,•f,J

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Item 1L - Page 68
;.P .. _- ••_ . er• .. . ·•·; b.~ • '
s·.,. -G~tY 0 f Palm Snrit1.:i"' ••• lltfl.~ 0 • tY!: . a • • .• • (")... .•.1 -~-,: •• T.lc=ns.::"to I~ .......... , • 'T :::::,-:i,;; • , .. ti=I\ • • QI• - 1 •l' .J¥..., • 0 • 0:-tnbcr 10: 20!;} , • •. "'..13.EP fQr Pmfcss.i:ol.l31 lri~uhii}c~Brof'crS;::ryiccs .
·
.
- - -

10. Be a,•ai/able to a11swcr questions or obtain un~,i·crs from ,m,lm.,riters for policy cm•ernge questions.

The dedicated service team is available to work with the City to answer coverage questions, clarification, education and any other items of concem that may require further assistance.

11. 1\fec.~ wit/, City st,iff aml ,lesig,mtc,I represe11tati1•es as remmm,bfy rcq11ested.

The Keenan Service team is locally based out of the Riverside office which allows for team members to be readily available and meet regularly with City staff as reasonably requested. We believe our Service team is an extension of the City's risk management team and we are available to assist you however we can to support your needs.

12. Atteml anrl he amilable to ,mswer qr1estio11s of City Cmmcil tl11ri11g tl,e a1111ual ilfsllrnnce remnval npproral.

The City can continue to rely on Keenan to attend City Council meetings co present the renewal proposal and address any questions or concerns that may arise as we've attended these meetings every year and we also are available to meet with the Risk Management Team and your City Manager to provide you with support for any questions by City Council.
13, Proi•i,le co11sult,11iou service mu/ ,rritten . report... as normal/)' e..\JJ(!Ctetl of a prof essio1111I broker to a l11rgc clie11t.

We provide very extensive consultating and analytical services, to help identify the types and causes of claims. We provide written reports and e:icecutive summaries for the City in a clear and concise manner and we believe the City can best attest to our previous reports and the manner in which they"ve been presented.

14. Provitlc a.risi.itance wit!, claims as req11e.sted by t/1c City. A.ui.ft in analyzing loss exposures from ~i!id11g mul mr,v operati,ms, and 1/etermi11e tlie appropriate risk ma1111ge111en1 allematfres, including types, a,·ailabifif)', ,;o.'it a,ul exte11t of cos•erages t/,nf s/10111,I be considere,l
Your Keenan service team is equipped to help analyze loss exposures., detennine what coverage is in place, and what is needed to protect the City's financial stability. We have some of the most sophisticated and senior property & casualty analytical consultants that will work with the City in detennining the appropriate risk management alternatives, coverage available and what the potential impact would be should these exposures be retained by the City. Prior to being retained as your Property & Liability TPA, we provided claims assistance to expedite and resolve various claims. 14 l.icense No. fJ./512 i J lnnavativ~ Soll.llions. H11<luri11g Principles.

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Item 1L - Page 69
Brokerage am/ con.miring sen•ices nmst be provitleclfor a11n11ul pufic:}' re11cwuls aml on an as 11cetletl basis. Tlic selected broker 11111.rt pro1•itle a t/1oro11gl1 renewal prcsc11l11tion eac/c J'ear wit/1 policy recommemlatimu to i11cl11Je an analysis of m•ailahle altemalfres i11 co11si,lemtio11 of City's exposures. Brokerage .fen·ice.'i ,mut 11/so iltclmle 1m1rl,et research, policy emlorseme11rs, certijit:ates of ins1'rn11ce, aml coa•erllge c0Jrs11ltation on claims flle,I again.tr tl,e Cilj·. Broker wo11/d also ad,·ise 011 a co11ti1111i11g basis, and iJl a timely 11umner, of a11y an,/ all signific,mt matters am/ dew!lo1mumts rcgllrtling c,,rrier sen•ic:e i~'$"~·.

The Keenan service team and marketing placement specialists will provide brokerage and consultative services to the City's insurance program throughout the entire year. A comprehensive renewal presentation with a complete marketing analysis including alternative risk financing options based upon the City's e.'Cposures shaJ l be presented in a clear and concise matter. Account management services is a daily sel'\,ice we provide throughout the entire year. The City's dedicated service team will take the lend in handling all policy changes, endorsements, contract review. certificates of insurance issuance and coverage consultation and handle any matters involving carrier service issues.

We arc 110w i11 FY 19/20 willi tl,e c11rrent in.mrn11ce c.tpiriltg Jwtc JO, 2020. All of tlie Cit)• ~i amuu1l i11s11run,·c polidCj· t1re for tltc periotl of July Isl tllrougli J1me 301/1. The City expects flte broker to i11itiate tl,e FY 10121 re11e1ral strategy ii, mitl to late Jm111ary 20:J0, followed by tire ttppficuti<ms s11bminio11 process ill Februu1J-!Jltm:l1, witll 111arketiJ1g contl11cte,I i11 April'May. Imlic11tio11s from tire broker are expected to· be pro1•iJe1J to t/,e Cit;, ii, ettrly to 111id-April, 11'itl, firm q11ot11tions i11 mi,l-May so f/,at f/,e City Co1111ci/ may ,,01c on t/ie imzmmce rmewal in J111re, wit/, col'eruge ho1uul for effective tlate of JulJ' 1st.

Keenan has a very thorough marketing process and have developed a renewal strategy beginning 180 days prior to renewal date with final indications to be presented in April in order to bind coverage in June to be in effect July 1st. A complete marketing process timeline is evidenced under item D. 1. however. we would be more than \\tilling to make any necessary adjustments, as needed to accommodate the City's schedule. Rest assured, we will be able to start the renewal process and present final quotations within the City's timeline.

IMPORTANT NOTE: Fin,L-; wlw Jum~ 11jimmcit1/ i11terest iJt II tlzirtl purly mlmiuisfrutor, insrmmce comptm.r, sen·ici11g r:m11p1111y, or other e11lit)' wl,ic/1 it illtcml,.- to propo1·e if cl,o.wm, IIUl.'it 1/ist:lo.re ,11cl,jimmcittl i11terest aml 11111st de,,wm;trflte tlrdr 11bility to meet tire scope ~f sen1icc.r imlepcm/e,itly of s11c/, fi11011d<1/ i11ter~1s. F11rtl1ermore, firms t1re ad1·ised that tlie City of Palm Spri11gs expects full lrt111sparenC}' of any ancl all i11s11rance or re-i1m1r,mc:e agreements, c,mtrt1cl tloc:11me11fs, e..'l':c:lusio11s1 diu:los11res of all p11rticip«ti11g members of allJ' .'i1111retl cm•cmge.'i, or any orl,er d,1c11meutation cmu:crning or relating /(I tl,e ins11ru11ce c01•emge of tile Cit)' of Pu/111 SfJrings IIJJOl1 re,111esf. Ft1il11re to agree to full trm,spare11cJ' 111111 doc11me11t tlisclos11re a.f state,/ abm·e sit all rc.rnlt iii J'Ollr proposal hei11g ,lcemeu t,nqualifietlfor rt.'view.
15 f.icc11M! No. 0-15127 J Jnnm·ativr! So/1uions. Hnduring Principles.

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Item 1L - Page 70
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'.~j_9(p;c1lmSJlrin~ • ;:. :. -:~ · · .... ;.. • - ·" ·" .. 1 • Rcsponsdo :r_ ·Ocfubet'}0. 2{)J9 • • •• · · ' RFP for Profes.sionhl .r,~ Brokr &nices . . . ' .. . -
SPECIAL REQUIREMENTS:

A. PERIOD OF AGREEMENT
Tiu! .telectccf hrol,er will ht! nppoi11te1/ as tl,e City's Broker(s) of Recor,/ for pro11LTIJ'l"t1.n1ult)' muf of /,er fos11raru:e tis rc11uiretl for ,i period of tl,rce· (J) sears wit!, hvo (2) a,lclitiom,1 011e-ycar uptio11s, at t/Je m11t1wf writte11 agreeme11t of tlze pllrties.

Appointment as Broker of Rf!cord t.Teal~ no rigl,t ttJ reappointnlfmt or confim,e,1 ser,•ice.

If 11egotintions for re11ewal of tltis co11tract are tlf!lt1)'ed for rea.fons bL')'oml control of brolier, tl1e co11trnct ~·/,all alltomaticafly be extemle,I lintier tl,e same t«ms anti cu1111itiu1,s m1til termi1wteil by writteu 11otic:e by eitl,er ptlrl)' or bJ' e.:cec11tion of" new COlltracL
Keenan is an agreement with the contract provision.

B, POLICY REVIEW
Rc,•iew policies aml ot/Jer doc11111ents in ,let ail withi11 1../ tlay.f of receipt oftl1e tlocumcnt.f..

Check tlte wort/ir,g and 11cc:1traL of eat:/1 polic)', bi11der1 certificate, e111lorsemenl or 01/,er doc11111ent received from i11s11rcrs. E11s11re t/u,f the i11te1uled col·erage is pro,•irletl, all cm-erage, temu, cmulitio,rs a11d ,,titer wofiling is complete am/ acc11rate, uml ht complin11ce wit/, fi11a11ciul llrru11geme11ts aml a,lmi11istratfre proced11res 11ueptt1ble to tl1e City. Obtai11 re,·isio11s neerletf to ac/1ie1·e c:ompfiaJJce willt cm·erage request.

The dedicated Keenan Service team will review all policy fonns, endorsements, coverage terms and conditions for accuracy and ensure that all has been issued in accordance with the City's selected coverage.

C. POLICV AMEND.MEr-t'TS
Process req11est.,f or a1/tlitio11.~ or de/etio11s to policies witltitz Jilie b11siliess ,lays of receipt.

Prm·ifle fnl10J1111p wit/, insurer tliat tl,e i11s11rer ha.i. l1andletl tlae request. Ad,•ise iii writitzg of tlllJ' cl,anges to ins11rnnce policies n·it/1in 14 tlays.

The Keenan Service team will provide account management seivices on an ongoing basis to the City's insurance program. All policy changes made shall be documented and confirmed with a fonnal endorsement to the City.

D. MARKETING

1. Mo,aitor e.,pirlltim, d11tes of polici~· aml prm•itle tl,e City witli writte11 11otijictltion at le,zst 120 ,laJ'S prior to c.1:piratio11, i11t:lmli1tg a tlescription of hifor111atio1111ee1/etl to procl!.u t/1e rencm•a/.

The City of Palm Springs will be marketed annually with the renewal process beginning as early as 180 days prior to renewal date. We suggest the following timeline for-the entire marketing process.
16 f.ice11se No. (}./512 i l ·Jnnovalit>e Solwions. Rnduril~g Principles. '

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Item 1L - Page 71
Gather exposure data. loss informado~ financial
statements and actuarial analysis for review.

Marketing Placement Specialists meet with
insurers and reinsurers for current market
conditions report.

Meet with City and discuss market conditions,
marketing strategy, timelines, suggested program
structures including limits, alternative risk
financing, coverage suggestions, etc.
,Finalize marketing submission and carriers to be
approached based upon agreed marketing
strategy.

Distribute the submission to the marketplace &
conduct a marketing trip to meet with carriers to
discuss the City's submission.

P~epare analysis of all formal quotes received for
review and discussion.

Finalize renewal negotiations & prepare coverage
comparison of all fonnal quotes received. ~ Meet with city to present renewal program options to City staff and City Council.

Bind renewal program and finalize binding
subjectivities, issue binders, invoices and renewal
certificates of insurance by June 15.

2. Dew!lop aml i111pleme11t tl marketing slr~egJ', incl1uling itle11tifyilrg potential markets,for progn,m rene,~1,ls at least 120 Jays he/ore policy e.xpirotio11. \
As eviden~ed in #1 above, we have a very thorough marketing strategy. First an~ foremast we ensure that we understand the City's goals prior to creating the marketing . strategy. Once we have that, we utilize our expertise of the public agency marketplace, coupled with global relationships at the highest management levels of the insurer and rein~urer companies. We develop a submission that specifies what terms, conditions, 17 l.lce1rse No. O./S/27 J Innovativct Sblutjom. F.nduri11g Princ.:iplej·.

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Item 1L - Page 72
ec.- ~-... 4 .".;ra· QI .- -a ~~_: .. __ --~ .... - - -4 . .;"a.t'~--:--- - y • : 1.i:I,, •, . - .... • Clty of Palm Spril}<l::,S ·"' 'Rcspons.: to
O.:tobcr· W. 20t9 :R.$> f~fPra1cssionaJ.In...quaoce.Brqk..:r~[\,-kes • I • - - - • • ... - ;. 4 • • ti ,4 • .. -
coverage and pricing should be, then negotiate to achieve it from underwriters versus waiting for the markets to tell us what they think the risk is worth. This inevitably resuJts in a fair yet aggressive result for our clients and promotes long lasting relationships in the marketplace.

3. Dei1clop umlcn~iting i1,formati<m and ani~t in gatl,ering 1111d orgw,izing expt1sure aud loss 1lat11 for rene,.,llls of policles placed.

We will meet with the City's Risk Manage'ment team to review the prior year renewal, any changes within the City and then plan accordingly for the upcoming renewal. Our team will work with City staff in the data collection to identify and discuss the following:

J
• Provide assistance with completion of all necessary underwriting applications • Collect and review the City's loss data
• Review changes to the City's operations, exposures or loss activity • Gather and analyze loss runs from your various insurance carriers and TPAs

4. Work wit/, Cilrriers to ,lesig11 policies and prognn11s most adi•a11111geous to tl,e City for co,•ertrge of e..1:pos11re.f, polfoy form, exc/11sio11s1 de,/11ctihles, sclf-ins11rcd rete11tions, coordimnio11 n·itl1 other policies, costs 111111 otller pertinent factors.

In addition to providing the broadest coverage. our marketing strategy includes developing different economic structures to reduce your risk and ultimately your costs to protect the City's funds. These structures include making use of catastrophic modeling, securing multi-year rate ~'1.larantees which create rate stability and bringing programs that align with the City's goals. This is evidenced best by wheri we 1) restructured the City's DIC programs to provide dedicated limits to the Waste Water Treatment Plant~ 2) reduced your Workers' Compensation SIR for police/fire from $2M to $IM per occurrence and 3)"brought forth the Municipal Insurance Cooperative for Liability coverage which saved the City nearly $200,000 annually. All three of these examples were vezy unjque and a result of our understanding, relationships and clout with the insurance marketplace.

5. M11rket rcn<!lrnl co,,ernges for tlze Cit)' bJ• ol,1,1ining timely a11d competiti,,e q11,,tatio11s from 1111ailable aml responsible immrers & re-illmrers.

The Keenan Placement Specialists \\ill negotiate on behalf of the City with all insurance carriers and reinsurers to achieve the best favorable tenns and conditions for the City of Palm Springs.
18 l.icense No. fJ./512 7J hmovalive Solutions. f:11duri11g Principles.

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Item 1L - Page 73

6. Provi,le quotutio11s to tl,e City "' least forty fi>'c (45) ,l11ys- prior lo ilmmmce pulicy e.~piratio11 111,less otl,enri.H! appro1•ed bJ' tlte City. } Keenan will provide a formal renewal proposal and presentation that includes the carrier's quotes and compensation disclosure for full transparency that is in alignment ,vithin the City's preferred timeline.

7. 1f requestetl by tlze City, pro••i,lc tl,c City witl, copies of ,leclination letters mul afl premium q1totation.'i receis•,ul with a s1111wu11')' of co1•,m1gcs e.\plai11iJlg deficiencie.t or be11cjits of tl,e quote comparetl to tl,e reco111111emle1/ i11surn11ce program.

We believe in and fully ~upport the City's philosophy of complete transparency. As part of the renewal presentation, Keenan will provide the City with a complete marketing analysis that includes carrier declinations, quotations. and coverage comparisons outlining any changes in coverage, terms and conditions. The renewal presentation will include the compensation disclosure for fuU transparency.

8. Proi·ide q11olations for speciuli;.ecl IJpes of iltsrmmce, as re1J11ested by the City.

Keenan will continue to meet the requirement and provide the City with copies of all carrier quotations.

E. CLAIMS
J. Assi.d tl,e Cifj 1tafJ; ,is ,zece.-..'illl)', wit/, flli11g clt1i111r..

As the City's current third-party liability claims administrator, it lends to the Keenan integq1ted service model that allows for seamless service in providing claims oversight from a brokerage standpoint Keenan will work closely with City staff in the claim filing process and stay connected throughout until settled and closed. µi addition, we are available to provide assistance for any Workers" Compensation claims support that may be needed or requested by the City.

2. Work ,ritl, ordsi,le claims mljustors ,is 11ecena,-y.

We will provide the City with the highest level of service and the best attainable results in working with outside claims adjusters, as necessary and to the extent to which the City desires such support.

3. Represent t/1e i11lerest.i of tl,c City i11 policy interprel11fion ,md tJt/,er 11egotiatiom witlz in.i11rani:e carriers.

Claims support and oversight is an area that differentiates us from our competitors.

Keenan will continue to represent the City's interest and provide the highe.c;t level of service and the best attainable results with insurance carriers in dealing with the claims handling process. Several years ago, the City had a very large uncovered property claim and Keenan worked ,vith your carrier to negotiate coverage as well as advanced 19 l.icem.:e No. fl-151271
·Ke.{h.an Innovative Solltlions. F:nduring Principles. .•i's-~.e:JAt1

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lill ~- • - " .
.. IIJ • • • • • '-
. t,li~·cf'eJl"m ~ptingg • :P~ • • ~ : - : ·I,,'} • := "f°"'·0 ~cspo~lll ~. · Odobcr'lO, 2019 . Ju-1'fotJ>ro!'essiooa.L.insnt~·Brokcr&n.--iccs • I
_
I I '
payments for the claims while the City worked to gather information. We have and will continue to always represent the City's best interests.

4. A.ui.~I tJ,e City wit/, re1•i1...,,,• n.f claim reserve.~, am/ represe11t the City to tl,e in.mrer witli regartl lo req11estetl explelnation or re1lm:ti011 ,if re!ierve amo1111ts. Follow-up witlz ins11rer as 11ece.u:my ,mtil resol11ticm of anJ' resen·e rerlm:tion rel/llCSll' are ,1cconrplis/1ed or ,mtil clt1i111 is closet/.

We win work closely with your City Attorney or whomever you designate to ensure proper reponing to insurance caniers is completed. claim reserves are adequately set and step in when needed to help address carrier explanations requests regarding the City's claims, as needed. In addition, we will act as a claim liaison between the insurance companies and the City where you feel it is expeditious to do so.

5. Rerfow all q11art1.7fy loss runs for all claims 011 all coverages. E1•al11nte lo.fs /dstory for tremli or otl,er imlicators that miglll dictate cl,anges iii corcrage .'ffmtegy, ,led11ctibles, rete11tiom or limits.

As your partner, we "'ill provide ex:tensi ve resources to support your Risk l\fanagement efforts and contain costs. We provide various claims analysis to identity frequency & severity as well as cause and types of claims. In addition, we provide a historic loss stratification analysis of the City's claim activity to pinpoint losses at various levels and identify the City's loss exposures within their indicated tolerance. We will then use the data to explore appropriate risk transfer levels to detennine if its more cost effective for the City to retain versus risk transfer. It is this dual approach ofloss analysis coupled with the fiscal analysis that helps us identify and contain costs for the City.

6. Provitle a11m,al su11111u1ries by 11olicy year for cac/, of rhe [11st fi1•e yellrs i"'licatiltg total number of losse.f by type for et1cl, line of co,1erage aml slwwiug el,r11e1/ premium, inc11rre1I /osse$ anti loss ratio.

We have some of the most sophisticated analytical capabilities, technology to help the City in assessing where your claims are occurring, which will help us strategize and deliver solutions to reduce claims costs, which represents nearly 80% of your overall insurance program costs. Your Keenan service team are equipped to help develop and implement a risk management plan focused on targeting the City's loss drivers.

F. CERTIFICATES OF INSURANCE
ls.me certijiclltes of ilts11rtmce witf1in tltree (J) b11.dness ,m;•s fo/lowi11g tire ,/are of req11est.

The Keenan service model has a dedicated Account Management team available to issue certificates of insurance. All certificates are issued electronically for immediate response time with a hard copy mailed directly to the certificate holder and the City.

The certificate holder list is also reviewed annually along with multi-year contracts to 20 Keekan
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Item 1L - Page 75 - ·- D ' ' Q.~--:JD .. : •q~ • •~ • •,. e ~• 11 "•§itl of r'altn Springs V:. . Ii- .. • • a "i\.,- :. • "'~ "R~sPo~ to ~- ·October 10. 2019 · · ·. • '.RF.?"fot-ProfrsiioD.11 In.'iWJhcc Broker~~ . . . . -
_ _ ., • _ l, ,a r,_ • ,-;.. •
ensure that updated renewal certificates and additional insured endorsements are issued to the City's certificate holders, as needed.

G. CONTRACT REVl'EW
Rc•iew conlracts t1ml lease ugreemcnls 1,s req11este,I um/ notifv t/1e City w/,et/,er t/,e i11s11rm1ce progrant'i of tile City ttre i,, complia11ce wit/1 insurance req11ireme11t.'i of co1,truct'i 1m1Vor agreeme11ts .
. Contract review is a critical element of a risk management program as it can have a significant impact if not exercising prudent control strate,sies. The Keenan Service team will work with City staff in providing contract review services specifically to the Indemnification/Hold Harmless provision and provide recommendations when there's an opportunity to negotiate a contractual risk provision in favor of the City or specific insurance requirements ,vith appli_cable endorsements.

H. LEGAL COMPLIANCE
Comply wilh ,ti/ State am/ Fe,leral laws amiregu.latio11s perlt1ilrillg to i11surance bl'okers licensetl in tire State of Califomia.

Keenan will comply.

ADDITIONAL REQUIRED RESPONSES
/11 a1l1litio11 ttJ 11,e abo1•e, t/,e propmml l'lltlfl illcl"'le tl,c fi,l/1Jll'i11g:

1. A brief S)•nopsis of lwu• the firm's experience mul t1pproac/, arc be!J·t suite,/ to meet tl,e ins1m111c:e nee,l.s oft/1e City. lmlic"tcfe,1t11rcl; skills, or sen·ices fl1t1t clisti11guisl, tl,e firm a11J make it tl,e best c/l(Jicc for tl,e City.

Keenan specializes in public agency insurance solutions. Our in depth understanding of the insurance marketplace, coupled with our e.xpertise in public entity exposures and pool funding all contribute to our overall philosophy of being a true panner and consultant and not just another insurance broker. We are your current Property & Liability TPA so we have an absolute understanding the City's exposures, claims and political structure. We have demonstrated our ability to negotiate the broadest coverages. while reducing the City's costs over the years. In addition, we have helped resolve and expedite claims payments for the City. Many firms may tout what they do and make alt sorts of promises, though with Keenan. the City has a proven partner who has worked tirelessly on your behalf without ever raising our fees.

2. Descriptim, of metlznds employed to obrai11 anti tlis.vemi11ate i11for11111tio11 abo11t c11rre,rt loc:ul, state,11ide 11ml mitiom,J legislaticm, tremls, "'-'"' servicesJ 11aw concepts to t11e acco11nt team w/10 woulrl serl'ice thi!t· accm111t.

As a public agency specialist. we continuously monitor legislation that may have an 2l
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o - it CJ e • ,.. ,.. • • • .. - - - • • • - • • '- ...

Ctfy c.fPalm Spn-!~ , _ Respons.! to October IO. 2019 ',RrP.forProfesSlomIJru-~c Brokcr&!nices - - - • ., •- • • •, I • -. • - • • • • • •
impact on our public agency customers. We have in-house legal counsel dedicated solely to monitoring California and federal legislation for any issues that may impact our customers who specializes in analyzing coverage and contractual issues for our customers. Our legal council works with our Sacramento and Washington D.C. lobbyists who provides insight on pending legislation that may impact our public agency customers. From this, we develop Briefings, Newsletters, Trends Analysis and other meaningful information to help our clients understand the issues so they may make informed decisions. Because of our specialized, customer~focused approach, we understand and develop solutions to the issues the City faces every day.

J. E."amples of firm's /endersl,ip, crelllMty and i1111m•arion 1/zat was a benefit to its c1,sto111en.

We have created many different solutions that have saved hundreds of millions of dollars for our public agency customers. we•ve decided to share a few examples we specifically accompJished for the City of Palm Springs as your broker:

Restructure the City's DIC/Earthquake Coverage:

When initially hired by the City, we restructured a very complex Earthquake program separating high risk locations, such as the Waste Water Treatment Plant, from all other City locations, to provide dedicated limits for the WWTP which resulted in hundreds of thousands of dollars in savings to the City. Over the years, we've continued to restructure the program for continuity with the carrier partners of choice while continuing to save nearly $500,00 in annual premium costs.

Law Enforcement Legal Liability Non-Renewal:

During the fiscal year 2017-18. the City's liability renewal program was incredibly challenging due to the City's law enforcement, excessive force and auto liability claim activity that resuJted in the incumbent carrier excluding law enforcement liability. A standalone law enforcement liability option was secured with an alternative canier, though the premium was nearly double the City's expiring premium. We conducted a very thorough marketing effort, though due to changing market conditions and the City's loss experience, most carriers declined to quote or indicated premiums and retentions higher than anything we received. We placed the City,s liability program with the Municipal Insurance Cooperative which was the most competitive option at $152.144 less or 22% less than the incumbent & standalone option. The Municipal Insurance Cooperative provided the City with broader coverage and far greater claim control.

Loss Control Services:

The City had experienced a catastrophic loss involving an employee who fell through a skylight that was reported to Cal/OSHA, as per state requirements. A Keenan Loss Control representative was immediately available and onsite to provide assistance to 22 Keehan
Uce1L1;e No. 0../5 J 2 7 I Innovative Solu1io11s. Enduring PrindpJe.\', ,..;\\a_c.i,A,,

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Item 1L - Page 77 ."' 'S • :. ,I • Cit1 of Palm Springs • "Rcspo~ t.:, °'-:Tober 10,2019 REP forProfcssiooal.Is1s1uanceBmk"cr&!f\'l~ the City in working through the process of dealing with Cal/OSHA inspections and reports. We also. provided a solution that met the City's needs in placing a risk management consultant onsite through a Rent-A-Safety-Professional (RASP) service.

The City had a need and we were able to provide support for several years including customized risk management services, and live trainings.

Third-Party Liability Claims Oversight:

It was through our claims oversight that identified where the pre\-ious liability third party administrator had set claim reserves to the City's retention rather than the full value of the loss which c~ated significant challenges when marketing the City's program due to the integrity of the loss data. We identified the issue and immediately brought it to the City's 'attention.

Property Claims Oversight:

At the time, we were not the City's TPA but acted as the liaison between the earner and the City. The City suffered a very complex Property loss and the policy included an exclusion pertaining to the loss however, we stepped in and retrospectively negotiated coverage resulting in over a million dollars of claim coverage.

In addition, the following are examples of successes accomplished for other public agencies in the state during the partnership with Keenan:
!!il!!llll_city_oi upi~~d ~- ~·-- ----- -~ ::-···. ·. ~- ... _ t

1./ct!JJSe No. 0-15 I 2 71
The City hired Keenan after they chose to withdraw from .a risk sharing pool and have changed _their program considerably to fit the city's needs. Since the initial partnership with the City, our se_rvices have expanded beyond providing P&C .brokerage/consultative services to include ·Loss Control services, and Workers' Compensation third party claims administration services. The City of Upland received a 6% reduction in their first year's excess workers' compensation premium despite nearly SlM increase in payroII, along with an 8% reduction in excess Iiability premiums. Over the years, we've continued to accomplish premiums savings while reducing retentions by more than 33% for their excess workers' cor_npensation and 25% for the excess liability programs.

City or GlendaJc -
As the City's broker, we helped deliver millions in savin~ when we reduced and eliminated their OPEB liability. This same innovative philosophy permeates our entire organization and the City then hired us to be their Property & Casualty·lnsurance Broker a year later and we've delivered similar results for their Property & Casualty program.
23 lnnovalive. SolUJions. Hnduring Principles.

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Item 1L - Page 78
. .. .. : . . ! . . ·. "i ~. ~.i - ~~:.. - • • •• ,(~~: . • •• .<;;tt:~o~ P.;i!m Spnnp,s at.~ • . ~. ~. • ,1t. .,.: _" ·i~~·tu ii. ' ·Ociobcr 10,.2019 JU'l'Jor.Prot-.:SSionJI insurance ~rQJ...er&niccs & • • •

4. Explmaatio11 of nn}' sen•ices ,lescrihad i11 tlie RFP ~lull ca1111ot be pro,•i,leJ.

There are no services described in the RFP that cannot be met.

5. Describe potential designs of /iow t/,e immrance program could be str11ct11re,L /11cli1Cle discussions of risk t111t1lysis, desig11 of cowm1ge forms, use of ,ledi,ctibles, self-i11.mrc1l retentions or other alterm,tire risk Jiua11chzg, laJ1ering of primary am/ excess coverage (if applicable), 11se of ma1r11script policies, cmcl OIi)' sert•ices avail11ble or to be pro,•itleJ bJ• fos11rer.i as part of tl1e insurance plqce111e11ls. Describe huw tlie markt!lplace n·o11ld be approacl,e,I, wlretlrcr ,lirectl)' or tltror,gl, .u,rpl11s /i11es fadlities, brokerage firms, foreig11 brokers, reim·u.rai,ce i11ter111e1li11rie.'i, etc.

Specijic,tlly ,lescri/,e im•olveme11t ill rei11st1ra11ce or excess i11~11rance arra11gements.

This is an ongoing process broken up into several· phases.

PHAs£ I
•Kick-Off nnd Strat~gic Plan De,•eloP.=m=e=n=t _____________ __, Al though we have intimate knowl'edge and an understanding of the City's risk tolerance we've learned over the years, we don't take anything for grant~d and we approach it newly each year. Shortly after contracting with the City, the Keenan Service team will meet with the City's Risk Management Team to discuss and understand the City's current position and philosophy pertaining to the following:
• Culture • Risk tolerance
Program placement expectations & timeline
• Understanding and comfort with various program structures • Expectations for stewardship report
• Potential program structures
• Reinsurance vs. excess insurance
• Political issues within the City and/or Community
Once the strategic plan development bas been determined, the program analysis and development begins and our work will include:
!Assessment of Risk Tolerance
Utilizing our in-house resources1 we will review the City's financial statements· and meet with appropriate City personnel to assess the City's financial risk tolerance. 2-1
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!Historic Loss Stratification Analy.:.::si:.:.s· _______________ __.

Tbjs analysis will reforecast historic losses at various Jevels to identify the City's loss exposures within their indicated tolerance as well as provide a pricing comparison where historic losses have been transferred. ¾lterriative Risk Financing~ptio.9:s"--------~------........ --' Once the Loss Stratification and Analysis has been completed we Vtill develop·various ideal retained versus transfer pricing models to discuss with the City and use as a benchmark in developing the cost/benefit analysis of all program structures offered by al] alternative programs~ including the current program.

From a program structure standpoint, we provide innovative thinking in how Lo structure your insurance program that can significantly reduce the City's long-term costs while maintaining the right coverage for the City's exposures. :catastroP.hic Modeling ____________________ __,
Catastrophic modeling FEMA separates fact versus fiction about what limits of cov~rage are really needed for earthquake and flood. A :risk assessment earthquake analysis using_the City's statement of values shall be conducted to demonstrate how to structure programs that protect the City in cost-effective ways.

PHASE fl
11\larketing ________________________ __,
We specialize in public agency insurance and we have great relationships and market clout to negotiate the broadest terms and conditions with the lowest premiums for the City. We spend an extensive amount of time developing the City's story and• underwriting data to present white meeting with the excess and re•insurance markets located domestically in the United States as well as markets in London and Be1TI1uda.

Our approach is to provide the answers before they ask questions to ensure that there is absolute clarity of the City's submission. program objectives, to deve]op viable .economic coverage options to present to City of Palm Springs. '.Submission Development
The Keenan P]acement Specialists will work with the City's man~oement staff to:
• Review all. underwriting data is collected and applications are completed as needed to meet underwriting criteria
• Understand any significant changes in exposure or losses • Work with the City to understand what changes have been made to address new exposures and significant changes to claim activity, as a result thereof 25 I.ice me No. 0./5 I 2 7 I Innm-•aJive Solwions. Rnduring Principles.

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. . ,•✓ • c: .\.•~ a ~:~,1 . 'I.:,· \ •a•,'l• • a ~: " S-H.~ .. ~m,11lm S_pri_ogs ',., ~.1-.:, • • • • •.. llcsr,oflS;!'t(l , 0cL0~10, 2019 i. Rr-Pfor""ProfesswroJI~nceBroJ..er~.n·ices ... .
-
Once the undenvriting infonnation is received and processed, our placement specialists will prepare the submission that includes the objectives outlined during the strategic plan developmenl
•Pre-Renewnl Meeting
The Keenan Service team will meet with City staff to provide a current update of the insurance marketplace, present projected rate changes an<,{ renewal premium indications to allow the City to manage their budget development. Any new potential coverage options shall be discussed at that time including providing thorough education for any options that may be unfamiliar to the City from its current program structure. lProgram Structure-Ideas
As the City's rurrent broker, we have continually worked with the City to evaluate and restructure programs to meet the City's needs ~nd goals. The City1 s program structure is very uni"que and competitively priced in spite of the City's challenging Property, Liability and Worker's Compensation loss experience. The main recommendation we have is for the City to consider increasing your Liability limits to $30M minimum, as the City's current SIOM limit exposes the City to poten·tiatly uninsured catastrophic claims. Other California cities have recently settled claims for defective road design. law enforcement brutality or fire truck related claims, a11 of which have resulted in $10M to $60M claims and/or settlements.
,Carrier Negotiatioos
Our team leadership and placement specialists will work with markets to develop the best possible coverage, terms·and conditions for the City of Palm Springs. We approach earners in London, Bennuda and domestically in the United States to ensure we access all public entity markets. We work Qn a fixed fee so we ensure commissions are take out and all quotes are "net'' of commission. For difficult to place coverages such as DIC, we utilize a wholesaler broker to access specialty markets on the City's behalf. •Renewal Presentation
The Keenan Service team will present a proposal outlining the City's expiring program and proposed renewal options in a clear and concise manner. A coverage comparison will be included along with the carrier quotations, coverage forms and compensation disclosure for full transparency. The Service team is always available to attend the City Council meetings to present proposals and answer any questions or concerns that may arise.
26 I.Ice me No. (J./.512 i 1 Innovali\te Solulions. Rnduring Principles.

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Item 1L - Page 81 -., 11ill ~.i"~ • ;_ , -~•~; . .:': - .--:~;-.:""/,,~•. • i:i ...... '1 . .. QtyorPatm Sprin~ • , ':·._,. · · • ?>, · ~cspo~ to t>cto'oer 10. 2019 0 ;i .: · : .RFP·forPcofessional InsuraoccBroJ.:er&nices : ·.. . '~,¥\ .... :~ r ••• -~:: .... : _.:r~, .
:coverag~ 'Finalization
The Service team will work with the City in submitting the·formal bind order and coverage subjectivities, at the City's request. All insurance binders, invoices and certificates of insurance shall be issued to confinn the coverage placement selected. iStewardship Report
Deliver stewardship report based upon the standards set at the strategic plan development and identified throughout the year.

6. Dest:ribe tl,e c,ctivities a,ul sen•ices tl,at wo11/d be pr01•itle,l tu tlze City "s part oftl,e broker t1greeme11t. If al'ailahf e, inclmle descriptio11s of support tl,at ,vould be proJ•i,lc,I ;,, sue/, ore,,s as loss cm1trol, risk finunci11g, risk analysis anti otl,er relate,/ sen1ice.f.

By specializing in public agencies, we have an internal infristructure that enables us to leverage skill sets and create innovative solutions to help customers reduce their risk and save money. Specific areas we believe will help the City reduce costs are detailed~ below: ·
• Reinsurance f Marketing E.'tpertise
We are li9ensed reinsurance intennediaries and our understanding of the rn;:trketplace coupled with our reputation will enable us to continue to structure the most competitive programs for our customers. We place more than $300 million of reinsurance premiums for California public entities representing more than $15 billion of WC payroll. We use our standing in the public entity reinsurance marketpl~ce to negotiate the broadest terms and conditions, while keeping our customers' cost to a minimum. We are specialists and understand how to serve public agencies.
• Claims Advocacy
We have an extensive Property & Liability claims handling division with senior c~>nsultants who specialize in law enforcement -liability, road and sidewalk issues and many other liability exposures facing the City. Our service offering includes excess reporting and tracking so out Claims Manager will help navigate through the excess claims and assist in claim remediation. • WC Claims Consulting
I Jce11se No. 0-15I271
We have a very extensive WC Claims and Medical Management division and while we are not proposing on WCTPA or recommending the City to change your third party claim·s administrator, our resources and experience enable us to provide unique consultation and strategies to further reduce your claim costs. 27 lnnovati\>e Soltllions. F:nduriog Principles.

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\ .
1' = i;11':- •• • - • -;~12 ":. . .. .. - r/J: e •
·C1t_r(\f Paln1 .Si:;nu~ • "Rcspo~!o
~tobcr 10. 2019 "RFP fotP!Qlcssmna! [n.'M"JtY-C Bmker &!"'JC.CS - -
-
• Analytics I•
We have some of the most sophisti~ted analytical capabilities and technology to help the City in assessing where your claims are occurring. which will help us strategize and deliver solutions to reduce claims costs. • Risk Management Technology & Resources
As your broker/consultant, The City will continue to have 24n access to our award winning and proprietary P&. C Bridge and Kcc11a11 Sn/ ePerso11nel (a complete Leaming Management System) risk management system. Through P&.C Bridge, you have access to online training, an Employment Practice Resource Center and other tools which may help ensure regulatory compliance and reduce the City's ~sts.
• Keenan SafePersonnel - Web Based Online Training
l.lcc11se No. O./.Jl2i I
Built on technology extensively proven in pub~ic agencies and recognized with the B11sh1ess hzs11rm1ce Innovation Award, Keenan SafePersonnel has an established track re.cord with oved Million course completions.

The Keenan SafePersonnel courses ha~e be~n specifically designed for California cities. counties, transit agencies and special districts. The content is n~wly updated and regularly reviewed to remain current. -Keenan SafePersonnel helps to develop a ~trong safety·culture for cities:

Fosters a safe, healthy environment for agency employees and helps protect your community.
=- Effectively delivers training online with far. less disruption to work schedules and reduced travel expense.

Courses align with your exl)Osures, loss history and reinforce targeted prevention strategies.

Intera9tive, visually-pleasing content engages employees with short, manageable modules.
- Centraliz.ed, automated record of training for Cal/OSHA and risk management documentation.
28 lnnovativ~ Sol1J1io11s. Rnduring Principles.

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Palm Springs City CouncilJune 29, 2023

Palm Springs City Council
June 29, 2023