Agenda packet — Palm Springs City Council, June 29, 2023 (part 4 of 8)

Item 1L - Page 83 a I " J a • > • , .. . . • - ,I I :, " A .~ " Cit~· ocPafm Spnngg . . · . . '.Responsi: ro O.:tobcr'lO_, 2019 · , , · RFJ? for Pmfcssional.fustit.i~Droker &n·iccs .l ·- ,/, ,.,· ',\.,' :.-:. . , .,• .,. ·
SERVJCES AVAILABLE AT ADDITIONAL COS'f
lMREADV
Organizations are under increased scrutiny and public pressure to be better prepared to handle unexpected and potential disastrous events. Current risk management practice should include preparation and planning for emerging threats such as natural disasters, activ~ shooter and vehicular assault, terrorism and other life-threatening situations.

Having a plan is only the first step toward readiness. Keenan created IMReady, an intensive assessment and training resources program specifically customized to your facilities, staff and exposures. conducted by qualified and experienced incident management experts. IMReady will raise preparedness and organizational resiliency with a suite of emergency preparedness products and services, including:
• Executive Emergency Management Training (Roles & Responsibilities) • Active Shooter/Acti v~ Killer- Response, Reunification, Recovery • Facility Design and Security Charact~ristics l • De-escalation Training (Nonviolent Verbal Intervention) • Threat and Physical Security (TaPS) Assessment
• Emergency Operations Planning (EOP) Suite - planning, review. drills and exercises
The professional staff of the IMReady Team have decades of training and experience ready to.design a program to fit the City's needs at an additional cost based upon the City's specific needs.

L~CONTROL
Loss Control Services comprise a special blend of knowledge and expenise that can only be acquired by specialization. Our Loss Control Services personnel are specialists trained to identify and analyze loss exposure factors, develop necessary loss controls, recommend appropriate remedial actions and provide necessary services1 including employee training, to help reduce the frequency and severity of your claims.

Addressing employee injuries and safety concerns is a critical component to achieving a strong safety culture. A strong safety culture is essential to the success of your Ri_sk Management program and uitimately the success of maintaining low daim numbers.

Our trainings and assessment services have been provided to thousands of employees across California and continue to be requested year after year from our clients. 1\-li nimal financial investments like this can result in tremendous benefits across a wide span of the City's resources.
29 l.ice11.te No. 0./5 /2i I Innol'alive Solutions. R11d11r.i11g Principles.

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• •. C\.."~ 11 • -~~- .. ~·ro·1 - ; >" 'ii~-..-~ •• er." 1 •• Cit~~cf Palm Spnugs ; , . • • ;• • 'Rcspons-.': to
October 10. 2019 • REPSor'P.roicss':.0oaJ ~e.:Sroker Scr\ices . . .'
... • - . - •. ._ . - '~ it ·,.• ... . •
Keenan offers its complete Loss Control Service Schedule as an option for the City. to augment loss control consulting and safety training. The City will work with the ·assigned Loss Control Consultant(s) to determine a priority of service needs-through ongoing Needs Assessments. The needs may vary among the employee classifications as injury trends are identified. Some of the needs may be to complete a specific project while others wiH request ongoing oversight and development of a City Injury and Illness Prevention Plan or Property and Liability Loss Prevention Program.

SAMPLE SERVICE OPTIONS
Below is a list of possible service options available under the RASP Program:
[Bit®iurv:Pteverition ·.
l.QQmP,Iiance Plan Review ( Erg~~f ~t.~c Eval~ti9ns
.l-laza(dQ.us ·Materials
lnventorv
'InjurflUriess Preveniion Prt,)gra'n{ .
. . ·~·1:--...

I ( Cal OSHA Consulting_] ~odial Safef;Y. I
. I~~~~~ ~pectioo I( ~azard Com~un~~,?1~;: .. f
j 1He;11-in~ ConservatiortJl l:leat Dlpess Preventi:=J
!Lockbutff agout ·1 New Emplpyee Safe~.? ~ Oiie1_1tatfon .: :· · · : . .. .. ' Noise Surv·ey/Monitoring I On~ite Consult111ion l lRespiratory Protection l :=:=========L&.e .... rv .... i_c._..e~s::.--_____ .,[ ___________ J W cfrkpl:ace-Violence Ji.ogm=rti=-':· _____ ~ Keenan recognizes that the operational environment within California Public Agencies has changed and resources are often limited. Our services are available to provide the most qualified resources available to the City on short notice affording a timely solution to Safety and Loss Control at a cost that is both affordable and yielding an optimal return on investment in terms of lower loss costs and claim frequency. A formal proposal for Loss Control RASP services can be provided based upon the City's needs . .

REGENCY
Regency (License Number PI2214) is a dedicated division of Keenan & Associates that specializes in investigations for municipalities, school districts. community colleges, and hospitals. Now, over twenty-five years in business, we are experts in working with public agencies. We complete our assignments timely and efficiently. Our reports are of the highest quality. All investigations are completed at a very reasonable cost to the client.
30 /Jce1Lte No. 0./51271 Innovalfve Solutions. Enduring Principles.

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Item 1L - Page 85 0 a !-•.; " • ., a•- · ·-;-~"m_.,, .. _ :.1.llil Cit~"of Palm Springs • • Rc-spoas.: to Oclntx=r. 10, 2019 :RFP-rorPm~ion:tl Ul$llldOCc.BroJ.:er &rvices Our services include but not limited to:
• Workers' Compensation Investigations:

AOE/COE Investigations
_
Surveillance/Sub Rosa
Activity Checks
Subrogation
- Photos & Diagrams When Necessary
- Doctor/Clinic Investigations
- Police Reports
- Coroner Reports
• Liability Investigation~:
- General Liability
- ·Auto Liability
- Products Liability
Discrimination
- Sexual Harassment
- Wrongful Termination
- Photos and Diagrams When Necessary
- Police Reports
- Coroner Reports
• Data Base Services:
- Department of Motor Vehicles
Criminal and Civil Court Checks
- Witness Locates/Skip Trace
Background Sear~hes
- Public Records Checks
- Asset Checks
- Photos and Diagrams When Necessary
*Sub Rosa includes surveillance, activities checks, and court appearances. 31 l.icense No. 0-1512 7 J
\~
l11nm-atilte So1utions. R11du.ri11g Principles.

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, • . ~~ ... " :-•... I • -_,.• - • w._ · ~
Ci~•of Palm Springs • J~po~ to O::to~r 10. 2019 RF..P forProfrssionafln$urJ.l)Ce Broker &rviteS

LOCAL PREFERENCE
Firms tlu,t q11nlify as a Local B11si1ie5s1 or employ lo,·al s11b-t·onsult1mts, mul submit" 1•ali1I businus lice11se as more fufl.J, set fortl1 in Secdo11 F. l bel01v, pursr,a11t to tlte City of Palm Springs Local Preference Onlinm,ce 17.;6). T/,e f u/l locnl preferc11ce, fi.,,•e (S) points, ,m,y he mvardeil to tlzose t!,nt qm,li/J a.rr a local /Jusines.r.. Two (2) points may be mrarde,I to a non-local b1ui11ess tlmt emploJs or ret11i11s local resitle11ts amVor firms for tllis projeci Non-localjirms tl11rt ,lo 11.ot emploJ' or retai11 anJ' loc11I resitle11ts amVor firms for tl,is project sliall earn :ero (0) poi11ts for tl,is criteria.

Please see Keenan's Department of Insurance license and Xeenan•s Riverside office business license as part of Attachment A in the Required Attachments section of this proposal.

List all te11m members witlr local e.:rpertisc. Qearly tleji11e t/1eir role i11 tlze ol'erall proj~ct.

All members of the account team are currently supporting the City of Palm Springs and have extensive local ~peiience. ·
33 Uccmse No. ().151271 Innovative Solutions. Enduring Principles.

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Item 1L - Page 87 • • a a -.iii\ • ... 1a Cl • • • , ; Ci_ty ~(!?aim Springs 'Rcspo~ tO· O:tobe.r 10, 2019 ,RF,P forProfc.ssiona.l lli.'-l.lrJJ.lCC Broker&!nices .
-
.

REQUIRED A TI ACHMENTS
The following required attachments are included in this section of the proposal:
• Attachment A: Signature Authorization Form
• Attachment B: Non Collusion Affidavit Form
• Attachment D: No Conflict of Interest and Non-Discrimination Form • Attachment E: Public Integrity/ Business Disclosure Form 35 /Jcem;e No. 0./5/271 Innovative 5JoluJions. F:11dzm·11g Principles.

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ATTACHMENT 1•A"
-THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR
QUAUFICATJONSICONCEPTUAL PLAN PROPOSAL (Envelope #1)*
REQUESTS FOR PROPOSALS (RFP) # 02-20
Professional Insurance Brokerage Services

SIGNATURE AUTHORIZATION
NAME OF COMPANY (PROPOSER):
. Keenan & Associates ·
BUSlNESS
ADDRESS; 2355 Crenshaw Bouleya(d Sutte 200 Torrance CA 90501 TELEPHONE: 800.338.5247 CELL PHONE 949 337 2991 FAX 949.369.0324 CONTACTPERSON John Stephens· EMAIL ADDRESS lstephens@keenan com A. l hereby certify that I have the auth~rity to submit this Proposal to the ·city of Palm Springs for the above listed individual or company. I certify that I have the authority to mm! · myself/this company in a contract should I be successful in my proposal.

Jenise Tomasello Senior Vice Presjdent PRINTED NAME ANO TlnE 791 s,r1 -~ 10i712019 ~~SIGNATUREANcf ATE B. The following Information relates to the legal contractor listed above, "vhether an individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me/my company as:
__ An Individual;
__ A partnership, Partners• names: ___________ _
__ . A company: ~ A corporation If a corporation, organized in the state of: California

2. My tax identification number is: _9....,5,._-... 27...,9....,8.,..62.s _______ _ _ _ Please check b~low IF your firm qualifies as a Local Business as defined In the RFP:

I
_x_ A Local Business {llcensed withi~ the jurisdiction of the Coachella VaUey). Copy of current business license is required· to be attached to this doc~menl ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any Addenda tssued by the City for this RFP Is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda Issued may result In your proposal being deemed non•responsive.

In the space provided below, please acknowledge receipt of each Addenda:

Addendum{s) # None Issued Jslare hereby acknowledged.

Page J9of53

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Item 1L - Page 89
. ' .
3900 Main Slreel
River.slrle, CA 92522
(951)8~5465
FAA (951) 828-2356

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Item 1L - Page 90 Page 81 of 91
Item 1L - Page 91
ATTACHMENT 11B11
~IS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)•
NON•COLWSlON AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED

AND SUBMJITEDWITH BID
STATE OF CALIFORNIA) ss
COUN1Y. OF RIVERSIDE)
The undersigned. being first duly sworn, deposes and says that he or she is Senior Vice President of Keenan & Associates ,. the party making the foregoing Proposal. That the Proposal Is not made 1n the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham: that the Proposer has not directly or Indirectly [nduced or soUdted any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not In any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost elemel)t of the Proposal price, or of t):lat of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true~ and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof. or the contents thereof, or divulged Information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository. or any other member or agent thereof to effectuate a colJusive or sham Proposal.

B~--;-£17..,.,_,,J'k 7_isfomasello
Title· Senior Vice Presjdent
Subscribed anct sworn,to herore·me this 9 day or ,~fa be, -r , 2019.

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~UFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 r=::che:-~~:==:-::::~=s~:6~elow)u&.MhrmwnA~=mt~Mi89 See _Statement Below (lines ~-6 to be completed only by document slgner[sl not Notary) ~ . -- -.-.- .. --- -------- --.... - - --· - --- .. __ -·----· - - -· Signatvre of Document Signer No. 1 Signature of Document Signer No. 2 (if any} A notary pub I ic or cttter officer completing tills certificate verifies on!Y, the Identity of the Individual who signed Ille document to whi~ this certificate Is attached, and not the truthfulness, accuracy, or vaRdity of that document. .

State of Callfomla Subscribed and sworn to tor affirmed) before me --
Countyof /..§
_fln~/e:f,_ on tnls _2.__ day of ct,--fob~ir 2013.._
by Dote · M'onth Year
<1> lJGr., j,c=r T" m a.se, I Io
(and (2) t/Jt ).

Name(s} of Sfgner(s)
proved to me on the basis of setisfactory evidence to
be the person(s) who appeareo befor
Place Notary Seal and/or Stamp Above
-----------------------
.OPTIONAL--------------~
Completing this information can deter ~teration of the document or fraudulent reottochmenr of this form to an unintended document.

Description of Attached Document
r111eorTypeofDocument rt,n -ea l/u..i1'cJV\.. 115§:/da.v:-t- ..

Document Date:. od~b-e r. 1), -~ol q Number of Pages: ______ _ Slgner(s) Other Than Named Above: ...... h_,.,O ...J't:....__ _______________ _ ·
-· . -·• f.
02017 National Notary AssodaUon

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Item 1L - Page 93
ATTACHMENT "D"
-THIS FORM MUST BE COMPLETED AND SUBMl'ITED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)•

CJTY OF PALM SPRINGS, CA

CONFLICT-OF INTEREST AND NON-DISCRIMINATION

CERTIFICATION
Conflict of Interest. Consultant acknowledges that no officer er emptoyee of the City has or shall have any direct or Indirect financial interest in this Agreement nor sh~II Gonsultant 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 obt~lning thls Agreement Covenant Agarnst 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 tiiat applicants are employed, and that employees are treated during their employment, Without regard to any prohibited basis. As a condition prei::edent to City's lawfur capacity to enter this Agreement, and In executing this Agreement, Consultant certifces that Its actions and omissions hereunder shall not incorporate any dlscrimlnation 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 tennination; 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 P.rovlsion of benefits, relating to non•discrimination in city contracting.

NAME OF CONSULTANTNENDOR: _.K~e"'e..._n...,a.:.J.n .... &,_.Ass...-.,..,,.0..,..cj...,aa.:a,te..,.s ________ _ NAME and TITLE cf Authorized Representative:
·(Print} Jenise Tomasello . Senior Vice President
Signature and Date of Authorized Representative:
(Slgii)r;:;:Ez<:!••8!!£4-; J.Yf'
Pagc22 of53
(Date) October7. 2019

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ATTACHMENT "E.,
•rms FORM MUST BE COMPLETED AND SUBMJTI'ED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)•
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
{'NSTRUCTlONS FOR APPLICANTS)
Applicants that are· NOT a natural person or group of natural people that will be identified on the applicatiqn, and seek a City approval determined by a vote of City officials.

Examples include corporations. limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. · Why Must I file?
The City of Palm Springs PubHc Integrity Ordinance advances transparency in municipal govemment and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified In Chapter 2.60 of the municipal code, reflects the City's Interest In ensuring that companies (and other legal entities that are not natural people) doing business rn the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who Is an owner/investor In the applicant entity and ti voting official (or the City Manager or City Attorney), which relatlonshlp Includes any of the followlng;
(1) th& owner/,nvestor and the official have done business together during the year prior to the appll~tion;
(2) the offlCial has eamed income from the owner/investor durtng the year prior to the filing of the application;
(3) the owner/trwestor has given the official gifts worth fnt.y dollars ($50) or more during the year prior to the fHing of the application; or
(4) the offic;af might rea$onably be anticipated to gain or lose money or a thing of value,. based upon the ownernnvestor'.s interest in the applicant entity, in relation to the application's outcome.

When Must I File?
You must file this form with the Office of the City Cferk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

What Must 1 Disclose?
Pagell ofS3

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Item 1L - Page 95
A. The names of all natural persons who are officers. directors, members. manage"rs, trustees. and other fiduciaries serving trusts or other types of organizations (attorneys, accountants. ~tc.).

Note: (1) only trusts or other organizations that are not Iha fiduciaries, (2) If a serond entity that is not a natural pe~on serves the applicant entity (e.g., as a member of an applicant LLC), then all olfice'rs, directors, members, manage~ trustees, etc., of the second entity must be disc/0$ed). ·

8. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

What if I Have Questions?
\
PENALTIES .

Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
'llThere are some additional supplementary Instructions with an example following the form should you need further clarification.

Pag-c24 of53

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Item 1L - Page 96

1. 2.

3. 4.

5. PUBLIC [NTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
Keenan 8c Associates
Address of Entity (Principle Place of Busrness)
2355 Crenshaw Boulevard, Suite 200, Torrance. CA 90501
·-
Local or Callfornfa Address ([f different than #2}
4204 Riverwalk Parkway, Suite 400, Riverside. CA 9250S
State where EntJtyis Reg;stered with Secretary of State C-alifocola
If other than California is the Entitv also reQistered in Califomla? □ Yes O No Type of Entity
..

I[! Corporation D Lrmlted Llabllity Company O Partnership D Trust D Other (please speclfy)

6. Officers. Directors, Members, Managers, Trustees, Other Fiduciaries (please speclfy) Note: If any response Is not s natural person, please Identify all oRlcers, directors, members, managers and other fiduciaries for the member. manager, trust or other enm.Y.

Sean K. Smld31 Chi5f Executlve Officer [!I Officer D Director O Member D Manager [name] O General Partner D Limited Partner
. Other -
.

I
David Sem, Chfef Op;srating Officer GI Officer D Director D Member D Manager [name] D Genera1 Partner D Limited Partner
John Stephens, Senior Vice President XOffice:

Jenise Tomasello, Senlor Vice President XOfficer Other Keith PiReardl ~omroate ~ecrela[X I!] Officer D Director D Member D Manager (name]
General Partner OLimlted Partner
Pagc2Sof53 Revised: 1131/18
;

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}
.. · Other - -·

7. Owners/Investors with a 6% beneficial Interest In the Acollcant Entity or a related ·enUty

EXAMPLE
JANEOOE 50%, ABC COMPANY, Inc.
.,.;
...
[name of owner/Investor] {percentago of beneflclal Interest In entltv and name of entitvl
A.

AssurcdPartners, Inc. JOO%
[name of owner/investor] [percentage of beneflclal Jnterest In entitv and name of entity]
B.
..
- . .
[name of owner/Investor] [percentage of beneficial Interest in entltv and name of enUtv]
C. . .
. .
. [name of owner/•nvestor) [percentage of beneficial Interest In entitv and name of entitvl

0. .. - -
[name of ownerlinvestorJ [pereantage of beneficial interest In entity and name of entity]
E. ..
[name of owner/investorl [percentage of beneficial Interest In enUty and name of entltv]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disdosing Party, Printed Name, Title Date
~l'.«IAL...I • ~rt~ .f!l/,0
October 7, 2019
Pagel6or5J Rovlsed: 1/31/J 8
l

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ATTACHMENT "C"
•THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED ENVELOPE#2 "'Contract Fees Proposal", liQI_with Envelope #1, QualificationsJConceptual Plan Proposal*)
REQUEST FOR PROPOSAL (RFP #02-20)
Professlonal Insurance Broke~ge Services

CONTRACT FEES PROPOSAL
Responding to Request for Proposal No. 02-20 for Professional Insurance Brokerage Services, INIE will accept as full payment the following fixed annual fee for providing all labor, supervision; services, materials, equipment, supplies, travel, and any other associated costs for providing Insurance brokerage services to the City of Palm Springs. ' It Is antfclpated the brokerage firm will be paid for an services on 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 commisslons will be subject to audit. at the discretion of the City.

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

FY 20121 renewal: $ _ ___.55;:::.,._oo=o ___________ _
FY 21/22 renewal: $_· ..,.6..,..0 .... 0=00..__ ________ _ FY 22123 renewal: S_s,...3_so .... o _________ _
FY 23124 renewal: $ 63,S00 -----------------
FY 24/25 renewal: $ e3•5oo -------------
Grand Total for_5 years: $ ... 3=0"""5:.a.::5=0=O __________ _ NAME OF FIRM SUBMITTING THIS COST PROPOSAL~ Keenan & Associates NAME OF AUTHORIZED REPRESENTATIVE: Jenise Tomasello SenlorVice-President SIGNATURE OF AUTHO~IZl;D REPRESBITATNE:~...Jlr;, /llfJ
Pagc21 ofS3

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Item 1L - Page 99 EXHIBIT "D"

SCHEDULE OF COMPENSATION
REQUEST FOR PROPOSAL (RFP #02-20)
Professional Insurance Brokerage Services

CONTRACT FEES PROPOSAL,
Responding to Request for Proposal No. 02-20 for Professional Insurance Brokerage Services, I/WE will accept as full payment the following fixed annual fee for providing all labor. supervision, services, materials, equipment, supplies, travel, and any-other associated costs for providing insurance brokerage services to the City of Palm Springs.

It is anticipated the brokerage firm will be paid for all services on a fixed annual fee. Such fee should be a base fe.e for services and should assume that the broker is not entitled to any commissions for any coverage procured on behalf of the City. Any ~xceptions 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 no,t write coverage net of commission1 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 shall 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: $55,000
FY 21/22 renewal: $60,000
. FY 22/~3 renewal: $63,500
FY 23/24 renewal: $63,500
FY 24/25 renewal: $63,500
Grand Total for 5 years: $ 305,500
NAME OF FIRM SUBMITTING THIS COST PROPOSAL: Keenan & Associates

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EXHIBIT "E"
SCHEDULE OF PERFOR.t'\'.IANCE
Annual Insurance Renewal: Brokerage and consulting services must be provided for annual policy renewals and on an as needed basis. The 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 services must also include market research, policy ~ndorsements, 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.

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. 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• This same schedule of performance shall be repeated each year of the agreement.

Other Key Task Perfonnance Schedules:

Policy Review:

Review policies and other documents in detail within 14 days of receipt of the I documents.

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.

Marketing: ., . ,
Monitor expiration dates of policies and provide the City with written notification at least 120 days prior to expiration, lncruding a_ description of information needed to process the renewal.

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

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

Certificates of Insurance:

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

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ATTACHMENT 2

Item 1L - Page 102
Presented By:

Jessica Blushi | Vice President
2355 Crenshaw Blvd, Suite 200
Torrance, CA 90501
Phone: (310) 212-0363
Fax: (310) 328-6793
City of Palm Springs
Property & Casualty Insurance
Renewal Proposal 2023-2024
Item 1L - Page 103

TABLE OF CONTENTS
TABLE OF CONTENTS ...................................................................................................... I EXECUTIVE SUMMARY .................................................................................................... 2 YOUR KEENAN TEAM ..................................................................................................... 5 PREMIUM SUMMARY ....................................................................................................... 7 EXCESS LIABILITY ........................................................................................................... 8 PUBLIC ENTITY LIABILITY- RETENTION BUY-DOWN ...................................................10 WORKERS’ COMPENSATION ........................................................................................... 11 PROPERTY – ALL RISK ...................................................................................................13 DIFFERENCE IN CONDITIONS - WWTP ........................................................................18 DIFFERENCE IN CONDITIONS – ALL OTHER LOCATIONS ............................................ 24 CYBER LIABILITY .......................................................................................................... 27 CYBER LIABILITY OPTION 2 ......................................................................................... 30 GOVERNMENT CRIME .................................................................................................. 33 MEDIA LIABILITY ......................................................................................................... 35 AIRPORT LIABILITY ...................................................................................................... 37 VILLAGEFEST LIABILITY ............................................................................................... 39 KEENAN PROFILE ..........................................................................................................41 RISK MANAGEMENT SERVICES ..................................................................................... 42 DISCLOSURE STATEMENT ............................................................................................. 45 BIND ORDER ................................................................................................................ 46 Item 1L - Page 104

EXECUTIVE SUMMARY
June 14, 2023
City of Palm Springs
Jeff Ballinger, City Attorney
3200 Tahquitz Canyon Way
Palm Springs, CA, 92262
RE: Fiscal Year 2023-2024 Property and Casualty Insurance Program Renewal Proposal Dear Jeff:

We are pleased to present the City’s 2023-24 Property and Casualty Insurance Renewal Proposal. Following is a brief overview of the market conditions and challenges as well as various program highlights.

Insurance Marketplace Overview
The hardest property and casualty market in recent history continues. The insurance market challenges of significant loss development fueled by catastrophic weather driven property claims, social inflation, unbelievable jury awards and no tort reform in sight for California there is little relief anticipated in the near future. California has gone from a very severe drought to one of the wettest winters in history causing insurers to flip from wildfire to flooding concerns. The rising interest rates have led to a reduction in reinsurance capacity as venture capitalists are moving away from investing in insurance. While rising interest rates usually result in lower rates due to increased yield on investment, it has had little to no effect on rates due to capacity reduction by carriers across the world. The industry is also struggling with property valuations. Actual property losses are significantly higher than on the insured’s statement of values due to increased cost of labor and supplies. Carriers are requiring increased property values in addition to the rate causing additional increases to insurance costs. Cyber insurance rates seem to be stabilizing as more insured implement best practices. While capacity still exists in the insurance market, it’s being deployed more judiciously, and carriers continue to tighten up their underwriting criteria.

The global challenges are clearly significant. While capacity still exists in the insurance market, it’s being deployed more judiciously. The following is a summary of the renewals by line of coverage. • Excess Liability: The liability insurance marketplace is approaching its fifth year of consistent double-digit rate increases for excess liability. Carriers remain conservative in their pricing models and have prolonged an environment of rate increases due a consistent rise in average claims cost. The Municipal Insurance Cooperative (MIC) renewal program has increased by 30%. However, MIC continues to be a solution in affording the coverage to protect the City from third-party liability claims and law enforcement liability, given the City’s overall loss experience. The renewal offer reflects no changes in terms and conditions with an overall renewal premium increase of 27.33% or $238,793 Item 1L - Page 105
from expiring. In an effort to mitigate the liability increase, we sought standalone law enforcement liability in exchange for a credit to the MIC reinsurance premium. Market indications were $400k- $500k to provide coverage for $2M excess of $3M while the credit to reinsurance was only $250k for Palm Springs and Upland combined.
• Public Entity Liability (EPL Buy-Down): The City’s Public Entity Liability, also known as the Employment Practices Liability retention Buy-Down 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 an 4.05% increase or $2,771 from expiring cost, with no changes to terms and conditions.
• Property: The City’s incumbent carrier Affiliated FM has provided a renewal quotation reflecting a

8.82% rate increase from expiring including Terrorism coverage. The City’s Total Insurable Values (TIV) have increased by 3.90% which resulted in an overall renewal cost of 13.06% or $53,663 increase from expiring. Should the City reject Terrorism coverage, the renewal premium would be reduced by $13,528. The renewal quotation does reflect changes to certain deductibles and sub-limits from expiring terms that are outlined in the comparison section within the proposal. • DIC “All Other Locations”: The City’s DIC “All Other Locations” Total Insurable Values (TIV) increased 10.57% from expiring. The DIC “All Locations” program is structed with a limit of $10M Excess of $5M Self-Insured Retention (SIR) secured by Beazley Insurance Company. The rate increased 6.93% per $100/TIV bringing the total premium cost to 18.23% increase or $55,211 from expiring.
• DIC “Wastewater Treatment Plant”: The TIV for the “Wastewater Treatment Plant” increased

8.67% Total TIV or $5.7M from expiring. The program is structured in three layers. Primary limit of $5M provided by Arch Specialty, $10M Excess Limit provided by Westchester and last layer of $10M provided by Lloyd’s of London- Hiscox. The three carriers combined have offered renewal quotes reflecting an overall program cost of 34.34% or $102,258 increase from the expiring cost this is a direct reflection of the property market.
• Excess Workers Compensation: There are few markets willing to write this coverage for public agencies, particularly full-service municipalities in California. The City’s total incurred continues to trend higher year over year. During the past 12 months, the 2021/22 claim development has increased 269% from this point in time last year. Despite the significant loss experience, Safety National’s renewal terms reflect a rate increase of 4.12% resulting in an overall cost increase of 14.64% from expiring. An alternative option with increased retention of $1,250,000 at a rate of $0.4303 per $100 of payroll has also been included.
• Cyber Liability: The cyber liability insurance market continues to be challenging. To mitigate losses, insurance companies are tightening the terms and availability of certain cyber coverages, especially for organizations that cannot demonstrate strong cyber risk controls and overall cyber hygiene. The incumbent carrier Ace American Insurance Company renewal terms reflect a premium increase of

23.85% or $12,393 from expiring. A competitive option has been secured with Coalition and is detailed in the Cyber section of this proposal, however, subjectivities will need to be met prior to binding.

Item 1L - Page 106
• Crime Employee Dishonesty: The incumbent carrier’s renewal premium came in with an overall total program cost increase of $4,281, the increase is due primarily to increased employee count going from 518 to 699.

• Airport Liability: This continues to be a difficult exposure due to significant industry losses. The City has been insured by ACE/Westchester since 2000 and despite the City’s uptick in claim frequency, the carrier has offered terms reflecting a renewal increase of 25% for the Airport Liability due to the City’s longstanding partnership with the carrier. • Aircraft Hull: The City is no longer in possession of the Cessna 182P and therefore this policy will not be renewed for the 23/24 term.
• 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 has had a long stand standing partnership with Landmark American Insurance Company who has offered terms reflecting a flat rate renewal with no changes to the premium, terms, and conditions.
• VillageFest Liability: The City has had a long-standing partnership with Mesa Underwriters which has proven to be beneficial, especially during hard market conditions. The carrier has offered a flat renewal premium from the expiring term.

On behalf of Keenan & Associates, it is truly a privilege and honor to serve the City and we appreciate all your support and confidence in our services.

Sincerely,
Jessica Blushi
Jessica Blushi
Vice President
Property & Casualty
This insurance document is furnished to you as a matter of information for your convenience. It only summarizes the listed proposed policies and is not intended to reflect all the terms and conditions or exclusions of such proposed policies. Moreover, the information contained in this document reflects proposed coverage as of the effective date(s) of the proposed policies and does not include subsequent changes. This document is not an insurance policy and does not amend, alter or extend the coverage afforded by the listed proposed policies. The insurance afforded by the listed proposed policies is subject to all the terms, conditions and exclusions of such policies.

Item 1L - Page 107

YOUR KEENAN TEAM
Office Locations and Telephone Numbers
Riverside Office: Corporate Office:

Keenan & Associates Keenan & Associates
4204 Riverwalk Parkway, Suite 400 2355 Crenshaw Blvd., Suite 200 Riverside, CA 92505 Torrance, CA 90501
Phone (Main): (951) 788-0330 (310) 212-3344
Phone (Toll Free): (800) 654-8347 (800) 654-8102
Main Fax: (951) 715-0166 (310) 212-0300
Web Site: www.keenan.com Corporate License No. 0451271
Service Team Members
Name Role Key Responsibilities Telephone E-mail
Zack Zukowski
Senior Client
Relationship Manager
Team
Leader
Responsible for account
management including global
risk management strategies
Cell:
(631) 275-1922
[email protected]
Monica Mojarro
Account Manager
Day-to-day
service/
Policy Admin.

Responsible for overall
account servicing including
coverage questions, change
requests, renewal submission
preparation, and contract
insurance requirements
review.

Office:
(310) 212-0363
Ext. 2607
Cell:
(310) 367-1999
[email protected]
Lisa Valdez
Account Coordinator
Day-to-day
service/
Policy Admin.

Responsible for overall
servicing including
endorsements and certificates
of insurance
Office:
(310) 212-0363
Ext. 2651
[email protected]
Marketing Team Members:

Name Role Key Responsibilities Telephone E-mail
Jessica Blushi
Vice President
Manager/
Property &
Casualty
Marketing
Expert
Oversees Property &
Casualty Marketing
Department and services
Office:
(310) 212-0363
Ext. 2329
[email protected]
Laura Ochoa
Senior Account
Manager
Property &
Casualty
Marketing
Negotiates terms and
conditions of policies as it
relates to coverage
Office:
(310) 212-0363
Ext. 1153
[email protected]
Elizabeth Espinoza
Senior Service
Representative
Property &
Casualty
Marketing
Negotiates terms and
conditions of policies as it
relates to coverage
Office:
(310) 212-0363
Ext. 2218
[email protected]
Item 1L - Page 108
Property & Liability Claims Administration Service Team Members:

Name Role Key Responsibilities Telephone E-mail
Eric Lucas
Vice President,
Property & Casualty
Coordinates
and
Supervises all
PLCA
services
Overall Management of all
Property & Liability Claims
Administration and client
services.

Office:
(800) 444-9995
Ext. 4167
[email protected]
Adolf Hernandez
Senor Claims
Examiner,
Property & Casualty
Property &
Liability
Claims
Administration
Handles complex and high
exposure liability &
employment claims.

Office:
(310) 212-0363
Ext. 2224
[email protected]
Loss Control Service Team Members:

Name Role Key Responsibilities Telephone E-mail
Eric Preston
Vice President
Loss Control Services
Oversees Loss
Control
Division
Practice Leader for
Loss Control division
and oversees all loss
control consultants and
services.

Office:
(951) 715-0190
Ext. 2211
Fax:
(951) 788-8013
[email protected]
Dianna Poulin
Director, Loss Control
Services
Coordinates
and supervises
all client
services.

Provides Loss Control
Services and interacts
with clients to meet
Compliance Program
and Property/Liability
Safety Programs.

Office:
(951) 715-0190
Ext. 1154
Fax:
(951) 715-016
[email protected]
Dennis Burgess
Senior Loss Control
Consultant
Provides Loss
Control
Services
Interacts with clients to
meet Compliance
Program and
Property/Liability
Safety Programs.

Office:
(951) 715-0190
Ext. 1017
Fax:
(951) 788-8013
[email protected]
Item 1L - Page 109
City of Palm Springs
June 14, 2023
Property Casualty
Rewnewal Proposal 2023-2024
Expiring Program
7/1/22-23
Renewal Program
7/1/23-24 % Change
General Liability $873,750 $1,112,543 27.33%
EPL & POL Retention Buy-Down $68,504 $71,275 4.05%
Workers' Compensation $261,365.00 $299,639.00 14.64%
Estimated Payroll $49,444,831.00 $54,440,163.00 10.10%
Rate per $100 Payroll $0.53 $0.55 4.12%
Property - All Risk $410,782.00 $464,445.00 13.06%
Total Insurable Values (TIV) $623,604,832.00 $647,912,093.00 3.90% Rate per $100 TIV $0.0659 $0.0717 8.82%
Property - DIC AOL $302,782.69 $357,993.33 18.23%
Total Insurable Values (TIV) $514,326,194.00 $568,704,532.00 10.57% Rate per $100 TIV $0.05887 $0.06295 6.93%
Property - DIC WWTP $297,814.30 $400,072.20 34.34%
Total Insurable Values (TIV) $66,170,895.00 $71,905,148.00 8.67% Rate per $100 TIV $0.45 $0.56 23.62%
Airport Liability $47,543.00 $59,427.00 25.00%
Government Crime $10,732.00 $15,013.00 39.89%
Cyber Liability $51,960.00 $64,353.00 23.85%
Media Liability $6,028.75 $6,024.90 -0.06%
Villagefest General Liability $12,306.58 $12,397.48 0.74% Keenan Brokerage Fee $63,500.00 $63,500.00 0.00%
Grand Total Cost: $2,407,068.32 $2,926,683.31 21.59%
City of Palm Springs
Keenan Associates | CA License No. 0451271
Item 1L - Page 110
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Rewnewal Proposal 2023-2024
AM Best Rating Not Applicable - Joint Powers Authority Not Applicable - Joint Powers Authority California Status Not Applicable - Joint Powers Authority Not Applicable - Joint Powers Authority General Liability General Liability
Automobile Liability Automobile LiabilityEmployment Practices Liability Employment Practices LiabilityPublic Officials Liability Public Officials Liability AsbestosBreach of ContractInjunctive ReliefUninsured/Underinsured Motorists
Law EnforcementAutomobileAll OtherAnnual PremiumMIC Pool Management FeeBudgeted Pool Admin Costs 0%
$3,000,000 $3,000,000 $3,000,000
$3,000,000 $3,000,000 $3,000,000 $1,085,793
0%July 1, 2022 to July 1, 2023 July 1, 2023 to July 1, 2024 $2,000,000 Per Occurrence $2,000,000 Per Occurrence$20,000,000 Program Aggregate $20,000,000 Program Aggregate $16,750 $10,000 $1,112,543
$850,000 $16,750 $7,000 $873,750 $100,000 $50,000 Loss Adjustment Expenses only$100,000 Loss Adjustment Expenses only$2,000,000 $100,000 $50,000 Loss Adjustment Expenses only$100,000 Loss Adjustment Expenses only$2,000,000 Excess Liability, including: Excess Liability, including:

Liability
Expiring Proposed
Carrier Municipal Insurance Cooperative Municipal Insurance CooperativeCoveragePolicy TermLimit of LiabilityRetentionSublimitsPremiumTotal CostCommission Keenan Associates | CA License No. 0451271
Item 1L - Page 111
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Rewnewal Proposal 2023-2024
ERISA/Omnibus Budget Reconciliation Act/Worker
Adjustment and Retraining Noification Act/FLSALockout/Strike/Picket LinetInternal Administrative HearingsInvestment FailurePrivate Firing RangesRefund of taxes, fees, service charges or assessmentsUnentitled reumeration or financial gainAsbestosADA/FEHA similar lawsAircraftWatercraft being used for commercial purposesFailure to supply gas, water, electricity or sewageTrampoline, rebound tumbling devices, bungee jumping or propelling activitiesOff-Highway Vehicles used by non-employees Investment FailureWorkers' Compensation/Employers' Liability Damages for breach of contractDamages for injuctive relief Damages for breach of contract
Hospital/Airport/Marina Operations/Water Treatment/Wastewater Treament/Power Generation Operations
PollutionWorkers' Compensation/Employers' LiabilityDamn FailurePunitive DamagesIntentional ConductNuclear MaterialInverse CondemnationInitiative Process AsbestosADA/FEHA similar laws
ERISA/Omnibus Budget Reconciliation Act/Worker
Adjustment and Retraining Noification Act/FLSALockout/Strike/Picket LinetInternal Administrative HearingsTrampoline, rebound tumbling devices, bungee jumping or propelling activitiesOff-Highway Vehicles used by non-employeesPrivate Firing RangesRefund of taxes, fees, service charges or assessmentsUnentitled reumeration or financial gainInverse CondemnationInitiative ProcessAircraftWatercraft being used for commercial purposesFailure to supply gas, water, electricity or sewageHospital/Airport/Marina Operations/Water Treatment/Wastewater Treament/Power Generation Operations Damn Failure
Punitive DamagesIntentional ConductNuclear MaterialDamages for injuctive reliefPollution (see policy for complete list of exclusions)Major Exclusions Keenan Associates | CA License No. 0451271
Item 1L - Page 112
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A++ (Superior) A++ (Superior)
Financial Size Category XV ($2 Billion or Greater) XV ($2 Billion or Greater)California Status Admitted Admitted Each ClaimDefense (Outside the limit)Crisis Management FundPublic Officials LiabilityPublic Entity ReimbursementPublic Entity LiabilityEmployment Practices LiabilityCrisis Management Major Exclusions Network Security or Privacy Exclusion
False Claims Act ExclusionBond Exclusion
Network Security or Privacy ExclusionFalse Claims Act ExclusionBond Exclusion (see quote for complete list of exclusions)Carrier
$3,000,000
Expiring
ACE American Insurance CompanyPublic Entity Liability (Claims Made)July 1, 2022 to July 1, 2023 Extended Reporting PeriodCommissionCoveragePolicy TermLimit of Liability $0 $500,000
DeductiblePremium
0%
$0 $500,000 $500,000 $500,000 $0
$500,000 $500,000 $0 $68,504
0%
EPL Retention Buy-Down
$71,275 12 Months for 100% of last annual premium
Proposed
ACE American Insurance CompanyPublic Entity Liability (Claims Made)July 1, 2023 to July 1, 2024$3,000,000 $3,000,000 $25,000 12 Months for 100% of last annual premium$3,000,000 $25,000 Keenan Associates | CA License No. 0451271
Item 1L - Page 113
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A++ Superior A++ Superior
Financial Size Category XV ($2 Billion or greater) XV ($2 Billion or greater)California Status Admitted AdmittedWorkers' CompensationEmployers' Liability IncludedMAP Client Services. Risk control and claim services including: Safety Essentials On-line; Workers' Comp Kit; Safety Training Source; Catastrophic Claims Consulting; Impartial Medical Review, Long-Term Claims Evaluation; and Chronic Pain & Opioid Dependency Programs.

IncludedMAP Client Services. Risk control and claim services including: Safety Essentials On-line; Workers' Comp Kit; Safety Training Source; Catastrophic Claims Consulting; Impartial Medical Review, Long-Term Claims Evaluation; and Chronic Pain & Opioid Dependency Programs. $49,444,831
$50,000,000 $50,000,000
$1,000,000 $1,000,000 $54,440,163
$50,000,000
Expiring
Safety National Casualty Corporation
Workers' Compensation
Proposed
Carrier Safety National Casualty CorporationPolicy Term Workers' Compensation and Workers' Compensation and July 1, 2022 to July 1, 2023 July 1, 2023 to July 1, 2024 Employers' Liability Employers' Liability
CoverageLimit of LiabilityRetentionEstimated PayrollWaiver of SubrogationServices Included $1,000,000 $1,000,000
Keenan Associates | CA License No. 0451271
Item 1L - Page 114
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Keenan & AssociatesIntermediary Broker
Subjectivities
Receipt of SNCC Aircraft Supplemental Application
Notes
Alternate Option Secured: Retention: $1,250,000 - $0.4303 per $100 of payroll - Estimated Premium $234,256 0%10.00%
0%10.00%
Commission
$0.5286 per $100 of payroll$261,365 Yes, subject to a minimum premium of $235,365 $0.5504 per $100 of payroll$299,639 Yes, subject to a minimum premium of $299,639 Premium RateEstimated Annual PremiumAuditable
Salaries, wages and remuneration Fees to claims administratorPunitive/Exemplary damagesPenalties for violation of any statute/regulationAssessments levied by DIR/SIPSerious and willful misconductWrongful employment practices Knowingly employing an employee in violation of the
lawFailure to comply with OSHALoss assumed under contractNon-occupational disability benefits Same as expiring
Major Exclusions(see policy for a complete list of exclusions) Keenan Associates | CA License No. 0451271
Item 1L - Page 115
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A+ Superior A+ Superior
Financial Size Category XV ($2B or greater) XV ($2B or greater) California Status Admitted AdmittedAccounts ReceivableAnimal CoverageArson or Theft RewardAttraction PropertyBoiler and Machinery Brand ProtectionGross Earnings not to exceed 30 Days for ordinary payrollGross Profits not to exceed 12 Months 30 days PayrollGross Profits not to exceed 30 days for ordinary payrollRental IncomeExtra ExpenseChange of TemperatureCivil or Military Authority Property - All Risk
$70,685,000$5,000,00030 days$2,500,000$5,000,000$500,000,000Not to Exceed $50,000 Per Animal Proposed
Affiliated FMPro AR 4100 All Risk CoverageJuly 1, 2023 to July 1, 2024$500,000,000 $5,000,00030 days$2,500,000$5,000,000$500,000,000Not to Exceed $50,000 Per Animal Expiring
Affiliated FMPro AR 4100 All Risk CoverageJuly 1, 2022 to July 1, 2023$500,000,000 Business Interruption Coverages CarrierCoveragePolicy TermPolicy Limits Per Occurrence - Total LimitsSub-Limits $1,000,000 Aggregate $1,000,000 Aggregate
$70,685,000$70,685,000
$64,118,420 $70,685,000
$64,118,420 $70,685,000$100,000 $100,000
$500,000,000 $500,000,000$1,000,000 $1,000,000
$64,118,420$64,118,420$64,118,420
Keenan Associates | CA License No. 0451271
Item 1L - Page 116
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Communicable Disease - Property Damage and Communicable Disease - Business Interruption combinedContractual PenaltiesCrisis ManagementData Restoration and Owned Network Interruption combined Data Service Provider - Property Damage and
Data Service Provider - Business Interruption combinedLoss or damage to stock in process or finished goods manufactured by or for the Insured caused by or resulting from cyber event that impacts the processing, manufacturing, or testing of such property or while it is otherwise being worked on.Data Restoration Data Service Provider - Property Damage and
Data Service Provider - Business Interruption combinedDebris RemovalDecontamination CostDeferred PaymentDemolition: Increased Cost of ConstructionEarth MovementErrors and OmissionsExpediting ExpensesExtended Period of Liability $50,000 annual aggregate $100,000 not to exceed 30 days$1,000 annual aggregate, not to exceed 12 months$500,000 annual aggregate$5,000,000$1,000 annual aggregate $1,000 annual aggregate Policy LimitPolicy LimitPolicy Limit$100,000Not Covered$5,000,00090 days$25,000$1,000 annual aggregate $50,000 annual aggregate $100,000 not to exceed 30 days$1,000 annual aggregate, not to exceed 12 months$1,000 annual aggregate $1,000 annual aggregate $1,000 annual aggregate $500,000 annual aggregate$5,000,000Policy LimitPolicy LimitPolicy Limit$100,000$250,000Not Covered$5,000,00090 days Cyber Event
Keenan Associates | CA License No. 0451271
Item 1L - Page 117
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Fine ArtsFloodGolf CartsGreen CoverageIngress/EgressLand and Water Clean Up ExpenseLeasehold InterestLibrary Books Periodicals and Rare BooksLocks and KeysLogistics Extra CostMoney and SecuritiesMotor Vehicle Coverage for Fire TrucksNewly Acquired PropertyOff-Premises Service Interruption - Property Damage and Off-Premises Service Interruption - Business Interruption combinedOwned Network InterruptionPavements and Roadways CoverageRunwayProfessional FeesProperty Removed from a LocationProtection and Preservation of Property - Business InterruptionSoft CostsSprinkler Leakage $70,685,000$92,448,000$100,000Policy LimitIncluded - Sublimit of $10,000,000 for Location No. 025, 3400 East Tahquitz Canyon$2,000,000 not to exceed $10,000 for irreplaceable fine arts$1,000,000$10,000,000$5,000,000Not Covered$500,000 not to exceed 25% of the amount of the property damage loss$1,449,000$1,000,000$100,000$100,000$100,000$500,000, except USD $92,448,000 for property located at the Palm Springs AirportIncluded in cyber event limit$50,000$100,000 annual aggregate$7,410,434$4,509,820 $100,000$100,000$500,000, except USD $92,448,000 for property located at the Palm Springs AirportIncluded in cyber event limitPolicy Limit, not to exceed USD 250,000 for security costs$92,448,000$100,000Policy LimitIncludedNot Covered$100,000 annual aggregate$10,000,000$5,000,000$500,000 not to exceed 25% of the amount of the property damage loss$0$1,000,000$100,000$1,000,000$7,033,359$4,439,340$50,000$2,000,000 not to exceed $10,000 for irreplaceable fine arts Keenan Associates | CA License No. 0451271
Item 1L - Page 118
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Street Lighting and Signal Systems including PolesSupply ChainTax TreatmentTenants Legal LiabilityTerrorismTerrorism SupplementalTransitUnnamed PropertyValuable Papers and RecordsCommunicable Disease - Property Damage and Business InterruptionData RestorationCommunicable Disease - Property Damage and Business InterruptionOff-Premises Service Interruption - Property Damage Business InterruptionOwned Network InterruptionBuildingBusiness Interruption and Rents201 North El Cielo Road225 South El Cielo Road401 South Pavilion WayBoiler and Machinery Property Damage 48 Hours$25,000$50,000Actual Loss SustainedReplacement Values$100,000$500,000$1,000,000 not to exceed $250,000 for Business Interruption$100,000 annual aggregate, not to exceed $100,000 annual aggregate for Property Removed from a Location48 Hours24 Hours$1,000,000, not to exceed USD $3,500 for each street light unit$100,000 for property in the US$5,000,000$10,000,000, not to exceed $10,000 per item for irreplaceable valuable papers and records48 Hours48 Hours$100,000 24 Hours$25,000$50,00048 HoursReplacement ValuesActual Loss Sustained$100,000$500,000$1,000,000 not to exceed $250,000 for Business Interruption$100,000 annual aggregate, not to exceed $100,000 annual aggregate for Property Removed from a Location48 Hours$100,000 for property in the US$10,000,000$10,000,000, not to exceed $10,000 per item for irreplaceable valuable papers and records$1,000,000 not to exceed $3,500 per unit 48 Hours48 Hours$100,000 ValuationDeductible ProvisionsWaiting Period
$100,000$100,000
Keenan Associates | CA License No. 0451271
Item 1L - Page 119
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Boiler and Machinery Business Interruption and RentsGolf CartsMotor Vehicles on Premises OnlyWater DamageSprinkler Leakage caused by Earthquake Annual PremiumTerrorism Fee OptionalTotal Cost Fees & TRIAKeenan & Associates Notes:

Option: to increase unnamed locations and additional $5,000,000 additonal premium is $2,500 FloodSeepage or influx of water from natural underground sources0%Earthquake$647,912,0931 day equivalent$450,917$13,528$464,445$50,000 per location Seepage or influx of water from natural underground sources0%$50,000 per location1 day equivalent$100,000EarthquakeFlood$18,400$410,782$623,604,832$392,382 (see policy for complete list of exclusions)Major ExclusionsTotal Insurable ValuesPremiumCommission $100,000
N/A $100,000
$50,000 except $150,000 for 425 N. Civic Drive
Keenan Associates | CA License No. 0451271
Item 1L - Page 120
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A s (Excellent) A s (Excellent)Financial Size Category XV ($2 Billion or greater) XV ($2 Billion or greater)California Status Non-Admitted Non-AdmittedEarth MovementFloodEarth Movement FloodTIVAnnual PremiumSurplus Lines Tax and Fees $50,000 Minimum per Occurrence
Ordinance Law AOrdinance Law B &C - $5,000,000 SublimitJuly 1, 2023 to July 1, 2024$10,000,000 xs $5,000,000 $514,326,194 $293,252.00
Primary: $ 10M xs $5M SIR
$9,530.69 July 1, 2022 to July 1, 2023$10,000,000 xs $5,000,000Ordinance Law B &C - $5,000,000 Sublimit Carriers: Beazley Lloyd's Syndicate 2623 (82%) Beazley Lloyd's Syndicate 2623 (82%) Electronic Data Processing Hardware Electronic Data Processing Hardware $100,000 per occurrence$5,000,000 Self Insured RetentionIncluding Runway $100,000 per occurrence$5,000,000 Self Insured RetentionIncluding Runway Extra ExpenseElectronic Data Processing Media
Business Income Business Income
5% Values Per Unit of Insurance 5% Values Per Unit of Insurance DeductibleCoverage(s)
Improvements and BettermentsValuable PapersElectronic Data Processing MediaExtra ExpenseOrdinance Law A Property - DIC AOL
$568,704,532 $346,960.00 $50,000 Minimum per Occurrence$11,033.33 Proposed
Beazley Lloyd's Syndicate 623 (18%)Real Property, Personal PropertyImprovements and BettermentsValuable Papers Total Insurable Values
Expiring
Beazley Lloyd's Syndicate 623 (18%)Real Property, Personal Property Policy TermLimit of Liability
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Minimum Earned PremiumKeenan & AssociatesIntermediary Broker No flat cancellations, all fees are fully earned at inception.RMS-Report 250 Year - $101,916,982 Exclusion: Flood Zones A and V or any area designated as a 100 year flood plain are excluded (FS C 505).

Exclusion: Flood Zones A and V or any area designated as a 100 year flood plain are excluded (FS C 505).

Additional Covered Property includes Pools, Spas, Jacuzzis, Fountains, Roadways, Walkways, Patios, Parking lots, and other Paved Surfaces including Runways (FS C 429) Additional Covered Property includes Pools, Spas, Jacuzzis, Fountains, Roadways, Walkways, Patios, Parking lots, and other Paved Surfaces including Runways (FS C 429) Ordinance or Law coverage included for loss to the undamaged portion of the Building (Cov A) within the limit of insurance applicable to Real Property (FS C 488).FS C 536: Limits of Insurance , Section 7. Item B. is deleted in it's entirety.

FS C 536: Limits of Insurance , Section 7. Item B. is deleted in it's entirety. (see policy for complete list of exclusions)
FS C 536: Optional Valuation, Section 9. is
amended to show Replacement Cost applies to Real
Property, Personal Property, Improvement & Betterments, Electronic Data Processing Hardware.

FS C 536: Optional Valuation, Section 9. is
amended to show Replacement Cost applies to Real
Property, Personal Property, Improvement & Betterments, Electronic Data Processing Hardware.$357,993.33 0%8%FS C 536: Cancellation, Section 16. the term is amended to 90 days, except10 days for non-payment of premium.

CommissionMajor Exclusions
0%8%FS C 536: Cancellation, Section 16. the term is amended to 90 days, except10 days for non-payment of premium.

FS C 545: Extended Period of Indemnity, Item 2.(ii)

2. is amended to 180 consecutive days.

FS C 545: Extended Period of Indemnity, Item 2.(ii)

2. is amended to 180 consecutive days.

TRIA (Not included in above premium) $21,994.00 $26,022.00 $302,782.69 25% 25%
Ordinance or Law coverage included for loss to the undamaged portion of the Building (Cov A) within the limit of insurance applicable to Real Property (FS C 488).

Notes:

Primary Premium Cost
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024

2. Signed TRIA letter accepting or rejecting coverage at time of binding4. No material change in exposure prior to binding3. Notice of Cancellation 90/10 days Subject to:

1. 25% Minimum Earned PremiumRMS-Report 500 Year – 141,682,431 Keenan Associates | CA License No. 0451271
Item 1L - Page 123
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A+ (Superior) A+ (Superior)Financial Size Category XV ($2 Billion or greater) XV ($2 Billion or greater) California Status Non-Admitted Non-Admitted
Expediting Expenses: $100,000Building Ordinance A: Included;Building Ordinance B,C: 10% of building values Deductibles Earth Movement/EQSL: 5% (Property
Damage/Time Element) of total insurable valuesper unit of insurance subject to $50,000 minimum per occurrence; Earth Movement/EQSL: 5% (Property Damage/Time Element) of total insurable values per unit of insurance subject to $50,000 minimum per occurrence; Property -DIC WWTP
Perils Difference in Conditions including Earth Movement/EQSL and Flood Difference in Conditions including Earth Movement/EQSL and Flood Proposed
Arch Specialty Insurance Company Real and Personal Property and Business Income and as more fully defined in the policy form.July 1, 2023 to July 1, 2024$5,000,000 Loss Adjustment Expense: $ 10,000Debris Removal: 25% of Physical Damage LossIngress/Egress: 30 days EPI: 180 daysCivil Authority: 30 daysLoss Adjustment Expense: $ 10,000 Flood-$100,000 per occurrence
AOP: $ 25,000 per occurrence$71,905,148Debris Removal: 25% of Physical Damage LossIngress/Egress: 30 daysFlood: $100,000 per occurrence July 1, 2022 to July 1, 2023$5,000,000 Expediting Expenses: $100,000Building Ordinance A: Included;Building Ordinance B,C: 10% of building values EPI: 180 daysCivil Authority: 30 days Total Insurable ValuesPrimary Arch $5MM
AOP: $ 25,000 per occurrence$66,170,895
CarrierProperty CoveredPolicy TermLimit of Liability100% Program Sub-Limits Expiring
Arch Specialty Insurance Company Real and Personal Property and Business Income and as more fully defined in the policy form.

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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Annual PremiumSurplus Lines Taxes and FeesMinimum Earned PremiumAM Best Rating A+ (Superior) A+ (Superior)Financial Size Category XV ($2 Billion or greater) XV ($2 Billion or greater) California Status Non-Admitted Non-Admitted
Limits excess of $5MM
Difference in Conditions (DIC) including Flood and Earthquake with other exclusions per policy forms and as specified belowExclusion of Loss Due to Virus or Bacteria Pollution and Contamination Exclusion Pollution and Contamination Exclusion Major Exclusions Total Terrorism Exclusion Total Terrorism Exclusion (see policy for complete list of exclusions) Exclusion and Limited Additional Coverage for Fungus Exclusion and Limited Additional Coverage for Fungus Electronic Data Exclusion Electronic Data Exclusion
Authorities Exclusions Authorities Exclusions
Occurrence Limit of Liability Endorsement - Delete clause 2bExcluding Flood in FEMA zones A,V Cancellation 90 Days except 10 days as respects Non-Payment of Premium Cancellation 90 Days except 10 days as respects Non-Payment of Premium Excess: 10MM xs $5MM:

Annual Aggregates apply separately as respects Earth Movement/EQSL and Flood TRIA (Not Included in Above Premium) $2,486.00
Buildings, Personal Property, Business Income Including Extra Expense$10,000,000 xs $5,000,000 Westchester Surplus Lines Westchester Surplus Lines
Primary Premium Cost $139,387.50 $190,883.00
25% 25%
CarrierConditions
$4,387.50 $135,000.00 Buildings, Personal Property, Business Income Including Extra Expense$10,000,000 xs $5,000,000 $185,000.00 $5,883.00
Exclusion of Loss Due to Virus or Bacteria
Perils
Difference in Conditions (DIC) including Flood and Earthquake with other exclusions per policy forms and as specified belowOccurrence Limit of Liability Endorsement - Delete clause 2bAnnual Aggregates apply separately as respects Earth Movement/EQSL and Flood$135,000.00 Excluding Flood in FEMA zones A,V Property Covered
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Annual PremiumSurplus Lines Taxes and FeesMinimum Earned Premium Sub-Limits
Liability for all loss or damage arising out of one occurrence shall not exceed Westchester’s participation of 50.00% of the stated sub-limits of liability shown below:Excluded$20,000,000 $10,000,000 Earthquake 5.00% of the separate insurable value of each unit of insurance involved in the loss as of the date of loss, subject to a minimum of $50,000 per occurrence. Unit of insurance means (a) each separate building or structure; (b) your business personal property or property of others in each building or structure; (c) property in the open at each covered location; (d) loss of income or extra expense and all other covered items.

Earthquake 5.00% of the separate insurable value of each unit of insurance involved in the loss as of the date of loss, subject to a minimum of $50,000 per occurrence. Unit of insurance means (a) each separate building or structure; (b) your business personal property or property of others in each building or structure; (c) property in the open at each covered location; (d) loss of income or extra expense and all other covered items.

Loss Due to Virus Bacteria or Microorganism Loss Due to Virus Bacteria or Microorganism All Other Perils: $ 25,000
TotalPremium Cost $113,575.00 $154,555.39
Absolute Asbestos
(see policy for complete list of exclusions) Pollution and Contamination Exclusion Pollution and Contamination Exclusion Electronic Data/Cyber Risk Electronic Data/Cyber RiskNuclear Biological Chemical and Radiological Exposures Flood $100,000 Per Occurrence
Ordinance or Law Coverage B+CTRIA (Not Included in Above Premium) $10,000.00 $22,469.00 Deductibles
Nuclear Biological Chemical and Radiological ExposuresIncluded 25% 25%
Total Insurable Values $66,170,895 $71,905,148
Westchester XS Premium Cost
$110,000.00 $149,792.00 $3,575.00 $4,763.39
Ordinance or Law Coverage A Included
ExcludedLiability for all loss or damage arising out of one occurrence shall not exceed Westchester’s participation of 100.00% of the stated sub-limits of liability shown below:

All Other Perils: $ 25,000Flood $100,000 Per Occurrence Fungus, Wet Rot, Dry Rot and BacteriaMajor Exclusions Absolute Asbestos Keenan Associates | CA License No. 0451271
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A (Excellent) A (Excellent)Financial Size Category XV ($2 Billion or greater) XV ($2 Billion or greater) California Status Non-Admitted Non-Admitted
Building Ordinance/ICC/DemoDebris RemovalExtended Period of IndemnityCivil AuthorityIngress/Egress Cancellation 60 days except 10 days for nonpayment of premium or as required by the state of domicile Drop down provisions for Earthquake/EQSL. Drop down provisions for Earthquake/EQSL.

Loss or damage to locations not covered under this policy shall not contribute to erosion of underlying policy.

Policy warranty for parallel “All Risk” coverage. Policy warranty for parallel “All Risk” coverage.

Sublimit: $5,015,213 ICC and DEMO collectively Sublimit: $5,795,580 ICC and DEMO collectively VIKCO Insurance Certain Underwriters at Lloyd’s25% up to a maximum of 25% 180 days 180 daysSublimit: 30 days (72 Hour Waiting Period) Sublimit: 30 days (72 Hour Waiting Period)Sublimit: 30 days (72 Hour Waiting Period) Sublimit: 30 days (72 Hour Waiting Period)Including the Time Element: Business Income, Extra Expense and Rental Value Including the Time Element: Business Income, Extra Expense and Rental Value VIKCO Insurance Certain Underwriters at Lloyd’s
$10,000,000 part of $10,000,000 in excess of $15,000,000 Property Covered Real Property, Business Personal Property, Business Income, Extra Expense and Rental Values Real Property, Business Personal Property, Business Income, Extra Expense and Rental Values Excess: $10MM xs$15MM:

Difference in Conditions including Earthquake Shock, Earthquake Sprinkler Leakage, Flood and Terrorism (TRIPRA of 2007)Earthquake Shock: 5% per unit subject to $50,000 minimum Earthquake Shock: 5% per unit subject to $50,000 minimumDifference in Conditions including Earthquake Shock, Earthquake Sprinkler Leakage, Flood and Terrorism (TRIPRA of 2007) ConditionsPerils
$10,000,000 part of $10,000,000 in excess of $15,000,00025% up to a maximum of 25%Cancellation 60 days except 10 days for nonpayment of premium or as required by the state of domicile Additional CoveragesDeductiblesCarrierLimit of Liability Keenan Associates | CA License No. 0451271
Item 1L - Page 127
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Annual PremiumPolicy FeeCatastrophe Analysis FeeInspection FeeSurplus Lines Taxes and FeesMinimum Earned PremiumKeenan & Associates Conditions Warrant All Risk Parallel Policy Warrant All Risk Parallel Policy All Other Perils: $ 25,000$1,683.81
Insured Warrants No Pre-Existing Earthquake Damage
Insured Warrants No Pre-Existing Earthquake Damage
90/10 Days Notice of Cancellation 90/10 Days Notice of Cancellation TRIA (Not Included in Above Premium) $42,940.00 $54,221.09 $1,411.80 Service of Suit Service of Suit
Electronic Data Processing and Computer Systems Electronic Data Processing and Computer SystemsAsbestos AsbestosMicroorganismLloyd's Privacy Statement Lloyd's Privacy Statement $200.00 25%$0.00 $200.00 $54,633.81
$150.00 25%$200.00 $150.00 $44,851.80
Microorganism
Locations within Flood zone prefixed by A or V
EQSL 5% subject to a minimum of $50,000
$42,940.00 $52,550.00
(see policy for complete list of exclusions)
All Other Perils: $ 25,000Several Liability Several Liability Major Exclusions
Nuclear IncidentEQSL 5% subject to a minimum of $50,000 Total Insurable Values $66,170,895 $71,905,148
Flood: $100,000 subject to a minimum of $100,000
Terrorism 5% Terrorism 5%
Nuclear IncidentLocations within Flood zone prefixed by A or VBiological or Chemical MaterialsWar and Civil WarRadioactive Contamination0% War and Civil War0%Radioactive ContaminationFlood: $100,000 subject to a minimum of $100,000 CommissionVIKCO XS Premium CostTotal Premium Cost
Biological or Chemical Materials
Keenan Associates | CA License No. 0451271
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Intermediary Broker

9. Warrant no pre-existing Earthquake damageWestchester Subjectivities1. 25% Minimum Earned Premium2. Signed TRIA letter accepting or rejecting coverage at time of binding3. Notice of Cancellation 60/10 days4. Loss or damage to locations not covered under this policy shall not erode the underlying limit5. Flood is excluded at locations designated A, V, 100 year6. No material change in exposure prior to binding7. No deterioration of loss record prior to binding8. Warrant “All Risks” underlyer in place for the term of the DIC policy1. 25% Minimum Earned Premium2. Signed TRIA letters accepting or rejecting coverage at time of binding3. Notice of Cancellation 60/10 days4. Loss or damage to locations not covered under this policy shall not erode the underlying limit5. Flood is excluded at locations designated A, V, 100 year6. No material change in exposure prior to binding7. No deterioration of loss record prior to binding8. Warrant “All Risks” underlyer in place for the term of the DIC policy9. Warrant no pre-existing Earthquake damagePerils continue to be Difference in Conditions including Earth Movement/EQSL and Flood.The Lead form is the Arch DIC form as expiring with endorsements to be attached, though not limited to, those noted. The policy will continue to include an Occurrence Limit of Liability endorsement with item 2.b deleted.

VIKCO will issue their excess follow form and is following the primary definitions for Earth Movement and Flood.The quotes are Subject to:

Notes and Subject to
8% 8%
Program Total Premium Cost $297,814.30 $400,072.20
Program Total
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A++ (Superior) A++ (Superior)
Financial Size Category XV ( $2 Billion or greater) XV ( $2 Billion or greater) California Status Admitted Admitted
Cyber Incident Response TeamNon-Panel Response ProviderBusiness Interruption Lossand Extra ExpenseContingent Business Interruption Loss and Extra Expense Unscheduled ProvidersDigital Data RecoveryNetwork ExtortionCyber Privacy, Network and Security LiabilityPayment Card LossRegulatory ProceedingsElectronic, Social and Printed Media LiabilityRansomware Encounter Cyber Liability
$64,353.00
$1,000,000$1,000,000$1,000,000$1,000,000
Proposed
Ace American Insurance CoChubb Cyber Enterprise Risk Mgmt PolicyPF-48169 (02/19)July 1, 2023 to July 1, 2024$1,000,000 $1,000,000$500,000$1,000,000 Carrier
Expiring
Ace American Insurance Co
Cyber Other Terms and ConditionsThird Party Limit of Insurance $500,000$1,000,000$500,000$1,000,000Chubb Cyber Enterprise Risk Mgmt PolicyPF-48169 (02/19)July 1, 2022 to July 1, 2023$1,000,000 $1,000,000 Premium $51,960.00
$1,000,000
CoveragePolicy TermLimit of Liability - AggregateFirst Party Limit of Insurance $500,000$1,000,000$1,000,000$1,000,000$1,000,000$1,000,000$1,000,000$1,000,000 $0
Keenan Associates | CA License No. 0451271
Item 1L - Page 130
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Widespread Severe Known Vulnerability ExploitWidespread Software Supply Chain ExploitWidespread Severe Zero Day ExploitAll Other Widespread EventsPeriod of Neglect0-45 days46-90 days91-180 days181-365 days365+ daysCyber Incident Response TeamNon-Panel Response ProviderBusiness Interruption Lossand Extra ExpenseContingent Business Interruption Loss and Extra Expense Unscheduled ProvidersDigital Data RecoveryNetwork ExtortionCyber Privacy, Network and Security LiabilityPayment Card LossRegulatory ProceedingsElectronic, Social and Printed Media LiabilityRansomware Encounter $0$0
$75,000/18 hours$75,000/18 hours$75,000$75,000$75,000$75,000$75,000$75,000$75,000$100,000$75,000$75,000$1,000,000 $0 $1,000,000
$0 $250,000
$750,000
$0 $500,000$0$0$0$0$75,000/18 hours$75,000/18 hours$75,000$75,000 Third Party Retention
$75,000$75,000$75,000$75,000
Cyber Other Terms and Conditions Retention
$0
First Party Retention
$75,000$75,000
Cyber Neglected Software Exploit Coverage Terms and Conditions Limit $1,000,000$1,000,000$1,000,000
Keenan Associates | CA License No. 0451271
Item 1L - Page 131
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Widespread Severe Known Vulnerability ExploitWidespread Software Supply Chain ExploitWidespread Severe Zero Day ExploitAll Other Widespread Events Details: 100% limit, 0% coinsuranceAdd: Coordination of Coinsurance, Retention and Limits of InsuranceAdd: Neglected Software Exploit Endorsement – BroadAdd: Biometric Privacy EndorsementDetails: $1M Limit, $75K RetentionRemove: Gov’t Shutdown Exclusion (given now included within General Amendatory) Remove: Loss of Tech Support (given Neglected Software Exploit Endorsement now added) Cyber Risk Resource Library: Cyber Risk Resource Library:

Bodily InjuryProperty DamagePollutionInfrastructure OutageWar Nuclear
(see policy for complete list of exclusions)
Bodily InjuryProperty DamagePollution
Major ExclusionsAdd: General Amendatory EndorsementAdd: Ransomware Encounter EndorsementDetails: 100% limit, 0% coinsuranceAdd: Wide Spread Event Endorsement $75,000$75,000$75,000$75,000Nuclear
Services Available Incident Response Mobile App Incident Response Mobile App(see policy for complete list of services) Chubb Cyber Vulnerability Alert System Chubb Cyber Vulnerability Alert System External Vulnerability Monitoring External Vulnerability Monitoring Secure Password Manager7/1/2015
$07/1/2015$0$0Security Awareness Training Security Awareness Training Notes:

Infrastructure Outage Infrastructure OutageInfrastructure OutageWar Retroactive Dates:
$0Secure Password Manager
Keenan Associates | CA License No. 0451271
Item 1L - Page 132
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A+ (Superior) Financial Size Category XV ($2 Billion or greater) California Status Non-Admitted AM Best Rating A (Excellent) Financial Size Category XIV ($1.5 Billion to $2 Billion) California Status Non-Admitted
AM Best Rating A+ (Superior)
Financial Size Category XV ($2 Billion or greater) California Status Non-Admitted AM Best Rating A- (Excellent) Financial Size Category IX ($250 Million to $500 Million) California Status Non-Admitted Breach ResponseRegulatory Defense and PenaltiesMultimedia Content LiabilityPCI Fines and AssessmentsBreach Response Cyber Liability Option 2
Proposed
Carrier
Arch Specialty Insurance Company (30%)Fortegra Specialty Insurance Company (30%) CarrierCarrier Ascot Specialty Insurance Company (20%)Carrier Fireman's Fund Indemnity Corporation (20%)Limit of Liability - Aggregate $1,000,000 First Party CoveragesCoverage Coalition Cyber PolicyPolicy Term July 1, 2023 to July 1, 2024Third Party Coverages $1,000,000$1,000,000$1,000,000$1,000,000$1,000,000
Keenan Associates | CA License No. 0451271
Item 1L - Page 133
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Crisis Management and Public RelationsCyber ExtortionBusiness Interruption and Extra ExpensesWaiting PeriodEnhanced Waiting PeriodDigital Asset RestorationFunds Transfer FraudComputer ReplacementService FraudReputational Harm LossReputational RepairBreach ResponseRegulatory Defense and PenaltiesMultimedia Content LiabilityPCI Fines and AssessmentsBreach ResponseCrisis Management and Public RelationsCyber ExtortionBusiness Interruption and Extra ExpensesWaiting PeriodEnhanced Waiting PeriodDigital Asset RestorationFunds Transfer FraudComputer ReplacementService FraudReputational Harm Loss Waiting period 14 days $50,000$50,000$50,000$50,000$50,000$50,000$25,000$1,000,000$1,000,000$1,000,000$250,0008 Hours$1,000,0008 Hours$50,000$50,000$50,000$50,000$50,0008 Hours Coverages by Endorsements
$1,000,000$250,000$1,000,000$5,000$1,000,000
Pre-Claim AssistanceCoverages by Endorsements RetentionThird Party Retention 8 Hours
First Party Retention
Keenan Associates | CA License No. 0451271
Item 1L - Page 134
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Reputational RepairAnnual Premium without TRIATRIA PremiumSurplus Lines TaxesStamping feeIntermediary Broker fee Contractual LiabilityDirectors and Officers Liability
Major Exclusions Wrongful Collection and Biometric Privacy(see policy for complete list of exclusions) Bodily Injury Keenan & Associates 0%
$81.00
Total Premium $46,931.00
$50,000
Premium
$44,955.00 $1,350.00 Governmental OrdersIllegal RenumerationInsured vs. Insured Commission
Fraud by a Senior Executive$45.00 Discrimination Employment Practice and DiscriminationConfiscation$500.00 Subjectivities
An authorized representative of the Named Insured signs the Coalition application within ten (10) days of the issuance of a binder or insurance coverage will not take effectExposed Fortinet TechnologyWe identified a Fortinet access route on an asset identified as belonging to your organization during our routine scan. Fortinet is responsible for managing authorized access to network environments, and as a result, it is critical to maintain strict security controls to help defend the device. This contingency must be completed prior to binding Keenan Associates | CA License No. 0451271
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A+ (Superior) A+ (Superior) Financial Size Category XV ($2 Billion or greater) XV ($2 Billion or greater) California Status Admitted AdmittedEmployee Theft Per Loss Employee Theft Per EmployeeForgery or AlterationTheft of Money & SecuritiesRobbery or Safe BurglaryOutside of PremisesComputer and Funds Transfer FraudMoney Orders & Counterfeit MoneyFraudulent ImpersonationFaithful PerformanceEmployee TheftForgery or AlterationTheft of Money & SecuritiesRobbery or Safe BurglaryOutside of Premises $5,000,000
Government Crime
$50,000 $50,000 $50,000 $50,000
$50,000 $50,000
$50,000 $50,000 $50,000 $50,000
Proposed
Fidelity and Deposit Company of MarylandGovernment Crime Coverage, Discovery Form, including Faithful Performance of DutiesDiscovery Form: CR0026 11-15July 1, 2023 to July 1, 2024$5,000,000$5,000,000 $5,000,000Not Covered$5,000,000$5,000,000
$5,000,000Not Covered$5,000,000$5,000,000$5,000,000
Government Crime Coverage, Discovery Form, including Faithful Performance of DutiesDiscovery Form: CR0026 11-15$5,000,000$50,000$1,000,000July 1, 2022 to July 1, 2023$5,000,000$5,000,000$5,000,000 CarrierCoveragePolicy TermLimit of LiabilityPolicy FormDeductible $50,000$1,000,000
Expiring
Fidelity and Deposit Company of Maryland
Keenan Associates | CA License No. 0451271
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Computer and Funds Transfer FraudMoney Orders & Counterfeit PaperFraudulent ImpersonationFaithful Performance Zurich revised their appetite and guidelines and they no longer offer limits above $5M War and Military Action$15,013
Notes:
$50,000 $10,000 $50,000 Inventory ShortageConfidential Information Premium increase is due to increased employee count. Last year (2022) 518 / This year (2023) 699 Governmental ActionIndirect LossLegal Fees, Costs and ExpensesNuclear HazardsPollution War and Military Action
Estimated Annual Premium $10,732
PollutionIndirect LossLegal Fees, Costs and ExpensesNuclear HazardsGovernmental Action$50,000 $50,000 $50,000
(see policy for complete list of exclusions) Confidential Information $10,000 $50,000
Major Exclusions Inventory Shortage
Keenan Associates | CA License No. 0451271
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A+ (Superior) A++ (Superior) Financial Size Category XIV ($1.5 Billion to $2 Billion) XIV ($1.5 Billion to $2 Billion) California Status Not Admitted Not Admitted Media Liability
Violation of Consumer Protection LawsActions or Proceedings by the Federal Trade Commission or Federal Communications Commission Bodily Injury/Property Damage
MerchandisingAutomobile/Aircraft/WatercraftNuclear Energy Violation of Consumer Protection Laws
Proposed
Landmark American Insurance CompanyMedia Perils Policy Film and Program Producer LiabilityRGS 51010 0903July 1, 2023 to July 1, 2024$1,000,000 per occurrence/annual aggregate$5,000 per claimBroadcast of City Council Meetings and Special Events over Time Warner Cable Television OnlyBreach of ContractPatent InfringementUnfair or Deceptive Trade PracticesEmployment PracticesFalse AdvertisingFraudulent/Criminal Acts Actions or Proceedings by the Federal Trade Commission or Federal Communications Commission
Unfair or Deceptive Trade PracticesEmployment PracticesFalse AdvertisingFraudulent/Criminal Acts Expiring
Landmark American Insurance CompanyMedia Perils Policy Film and Program Producer LiabilityRGS 51010 0903July 1, 2022 to July 1, 2023Bodily Injury/Property DamageMerchandisingAutomobile/Aircraft/WatercraftNuclear Energy$1,000,000 per occurrence/annual aggregate$5,000 per claimBroadcast of City Council Meetings and Special Events over Time Warner Cable Television OnlyBreach of ContractPatent Infringement FormCovered ExposurePremiumMajor ExclusionsCarrierCoveragePolicy TermLimit of LiabilityDeductible(see policy for complete list of exclusions) Keenan Associates | CA License No. 0451271
Item 1L - Page 138
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Annual PremiumIntermediary Broker FeeSurplus Lines Taxes and FeesKeenan & AssociatesIntermediary Broker Subject To
Signed and dated Surplus Lines Disclosure Form
$6,024.90 25%0%10%
$5,500.00
$350.00 $174.90
0%10%$6,028.75 25%$178.75
$5,500.00
$350.00
Minimum PremiumCommissionTotal Cost
Keenan Associates | CA License No. 0451271
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Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A++ (Superior) A++ (Superior) Financial Size Category XV ($2 Billion or greater) XV ($2 Billion or greater) California Status Admitted Admitted Each Occurrence/OffenseProducts/Completed OperationsPersonal Injury/Advertising InjuryMalpracticeWar, Hi-Jacking &Other PerilsFire DamageMedical Expense Hangarkeepers not “in flight”Hangarkeepers not “in flight” Non-Owned AircraftExcess Automobile (off premises)Excess Employers Liability (excluding disease)
Each OccurrenceAnnual Aggregate
(see policy for complete list of exclusions)Major ExclusionsCarrierCoveragePolicy TermLimit of Liability Noise, Pollution and Other Perils$50,000,000 Any One Occurrence$50,000,000 Aggregate$50,000,000 Aggregate$50,000,000 Aggregate$100,000$5,000 Any One Person$50,000,000 Any One Aircraft$50,000,000$50,000,000$10,000,000 excess of any one occurrence / $50,000,000
Proposed
Ace Property and Casualty Insurance CompanyAirport Owners and Operators LiabilityJuly 1, 2023 to July 1, 2024$50,000,000$50,000,000 Aggregate$50,000,000 Aggregate$50,000,000 Aggregate$100,000$5,000 Any One Person$50,000,000 Any One OccurrenceNoise, Pollution and Other Perils War, Hi-Jacking and Other PerilsExpected or Intended InjuryContractual Liability War, Hi-Jacking and Other Perils$50,000,000 Any One Aircraft$50,000,000$50,000,000$10,000,000 excess of any one occurrence / $50,000,000 $10,000,000 excess of any one occurrence / $50,000,000 Airport Liability
$1,000 $5,000
$10,000,000 excess of any one occurrence /
$50,000,000
$1,000 $5,000
Deductible
Expiring
Ace Property and Casualty Insurance CompanyAirport Owners and Operators LiabilityJuly 1, 2022 to July 1, 2023$50,000,000 Expected or Intended InjuryContractual Liability
Keenan Associates | CA License No. 0451271
Item 1L - Page 140
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Annual PremiumTerrorism War
CommissionPremiumTotal Cost
$52,825 Mobile Equipment while being transported by an
auto
$42,260 Arising out of the Use/Ownership/Maintenance
of: Aircraft, Watercraft, Auto (other than
Liquor LiabilityWorkers’ Compensation/Employers LiabilityDamage to Impaired PropertyRecall of ProductsWillful Violation of LawMobile Equipment while being transported by an auto Racing/Airmeet/Contest or Exhibition
Swimming Pools or Lodging accommodationsOperation of a Control TowerDamage to Your Property/Product/Work Damage to Impaired PropertyRecall of ProductsWillful Violation of LawLiquor LiabilityWorkers’ Compensation/Employers LiabilityArising out of the Use/Ownership/Maintenance of: Aircraft, Watercraft, Auto (other than
Racing/Airmeet/Contest or ExhibitionSwimming Pools or Lodging accommodationsOperation of a Control TowerDamage to Your Property/Product/Work Notes:

If Terrorism coverage is not purchased, War Annual Premium is amended to $5,282. War and TRIA coverage may be rejected by the insured. Due to positive feedback on recommendations and longevity of the account, even though there are still open claims the renewal was kept a a minimal increase of 10% compared to the rest of the aviation market this renewal season. $5,282 $1,320 $59,427 0%
$1,057 $47,543 0%$4,226
Keenan Associates | CA License No. 0451271
Item 1L - Page 141
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
AM Best Rating A+ (Superior) A+ (Superior)
Financial Size Category XV ($2 Billion or greater) XV ($2 Billion or greater) California Status Not Admitted Not Admitted
Per Occurrence Annual AggregatePersonal and Advertising InjuryProducts/Completed OperationsDamage to Rented PremisesMedical ExpensesAnnual PremiumTRIA- TaxableInspection Fee - TaxablePolicy Fee - AmWinsSurplus Lines Taxes and FeesCommission Rebate (10.5%) CoverageTotal CostPolicy TermSublimitsCarrier
Expiring
Mesa Underwriters Specialty Insurance CompanyGeneral LiabilityJuly 1, 2022 to July 1, 2023 Limits of Liability
$1,000,000
DeductibleRating BasisPremium
$422.47 $619.00 N/A year 2 of 3$250.00 $12,306.58 25% of annual premium10.5% (returned via rebate)($1,364.90)$5,000 $250 per claim52 events per year$12,380.00 CommissionMinimum Premium
Proposed
Mesa Underwriters Specialty Insurance CompanyGeneral LiabilityJuly 1, 2023 to July 1, 2024$1,000,000 $2,000,000 $1,000,000 Excluded$100,000 $5,000 $250 per claim53 events per year $2,000,000 $1,000,000 Excluded$100,000
$413.37 ($1,364.90)$12,397.48 25% of annual premium10.5% (returned via rebate)$12,380.00 $619.00 N/A year 3 of 3$350.00 VillageFest General Liability
Keenan Associates | CA License No. 0451271
Item 1L - Page 142
Keenan
City of Palm Springs
June 14, 2023
Property Casualty
Renewal Proposal 2023-2024
Major Exclusions(see policy for complete list of exclusions) Employment-Related PracticesProducts Completed Operations HazardPollution/Asbestos/Fungi or BacteriaSilica or Silica-Related DustProfessional LiabilityNuclear Energy LiabilityUnscheduled Activities and EventsPyrotechnicians or FireworksAnimal LiabilityLethal WeaponsParticipantsAssault or BatteryLead ContaminationLiquor LiabilityAircraft/Watercraft/Auto/Mobile EquipmentPunitive DamagesEarth MovementPre-Tender Legal FeeInjury to Employees or Temporary Workers Occupational DiseaseWarInfringement of Intellectual Property Expected or Intended InjuryContractual Liability Silica or Silica-Related DustProfessional LiabilityContractual LiabilityLiquor LiabilityAircraft/Watercraft/Auto/Mobile EquipmentWarPre-Tender Legal FeeInjury to Employees or Temporary Workers Occupational DiseaseInfringement of Intellectual Property Expected or Intended InjuryParticipantsAssault or BatteryLead ContaminationPunitive DamagesEarth MovementNuclear Energy LiabilityUnscheduled Activities and EventsPyrotechnicians or FireworksAnimal LiabilityLethal WeaponsEmployment-Related PracticesProducts Completed Operations HazardPollution/Asbestos/Fungi or Bacteria Keenan Associates | CA License No. 0451271
Item 1L - Page 143
Keenan

KEENAN PROFILE

OVERVIEW OF KEENAN
Founded in 1972, Keenan has experience consulting to cities, counties, special districts, community colleges, and public school districts. Statewide, Keenan provides services to more than 950 public sector entities including 65 trusts and joint power authority programs (JPAs). Because of Keenan’s niche focus on the unique requirements of public sector entities, we bring a comprehensive understanding of the customers and markets we serve.

In April 2017 Keenan joined the AssuredPartners, Inc. family of companies. AssuredPartners, Inc. acquires and invests in insurance brokerages across the United States, Canada and London. Since AssuredPartners’ founding in March 2011, it has grown to over 180 offices in 30 states and is currently ranked 13th largest U.S.

Brokerage.

Keenan is AssuredPartners public entity leader providing national partners with public entity expertise. By joining AssuredPartners, Keenan has access to additional capital and a national footprint that will enable us to continue to negotiate the most favorable coverage terms and conditions for our clients, and allow us to provide an even broader spectrum of public entity risk management support services.

KEENAN PUBLIC AGENCY DIVISION
Keenan’s Public Agency Division 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. As an organization, we place insurance covering more than $80 billion of insured property values and more than $50 billion in covered payroll.

We believe an integrated approach allows us to provide our clients with the highest level of consultation. To do so, we have developed a wide range of services, including • Risk Management Consultation
• Claims Administration
• Full Range of Insurance Brokerage
• JPA Management and Consulting
• Loss Control Consultation and Services
• Financial Analysis and Planning for Creative Funding Options

KEENAN OFFICES AND STAFFING
Keenan has nine (9) offices throughout California, with more than 750 employees. This enables us to provide immediate service to our clients. It also gives us an understanding of California’s public agencies statewide.

Item 1L - Page 144

RISK MANAGEMENT SERVICES

INTEGRATED SERVICE TEAM
Our clients’ programs are only as good as the service team’s delivery on our commitments. Our commitment to customer service epitomizes the Keenan brand. Whether its prompt response in coverage analysis, effective claims oversight or results-oriented loss control service, our fully integrated business model with internal access to all necessary resources will either provide or oversee quality delivery of value added service to the City.

LOSS CONTROL SERVICES
Loss Control Services comprise a special blend of knowledge and expertise that can only be acquired by specialization. Our Loss Control Services personnel are specialists trained to identify and analyze loss exposure factors, develop necessary loss controls, recommend appropriate remedial actions and provide necessary services, including employee training, to help reduce the frequency and severity of your claims.

Addressing employee injuries and safety concerns is a critical component to achieving a strong safety culture.

A strong safety culture is essential to the success of your Risk Management program and ultimately the success of maintaining low claim numbers. Our trainings and assessment services have been provided to thousands of employees across California, and continue to be requested year after year from our clients. Minimal financial investments like this can result in tremendous benefits across a wide span of the City’s resources.

Keenan offers its complete Loss Control Service Schedule as an option for the City to augment loss control and safety training not otherwise provided by the carrier.

Partnering with an experienced, stable and flexible safety and loss control team is critical for customer satisfaction, consistency in service delivery and the execution of the City’s safety objectives. Our safety professionals average over 14 years of California Public Agency experience and possess the distinction of assisting clients in achieving significant reduction in claims and incidents. Their individual and collective expertise provide California Public Agencies with all the assessment, program development and training needs required of environmental and Cal/OSHA regulations. In our Public Agency book of business, Keenan Safety and Loss Control experts have achieved a consistent record of loss reduction (36% frequency rate drop over the last four years). Additionally, the Keenan team is noted to have specialized experts who possess the following certifications:
• Certified Safety Professionals (CSP) • Certified Forklift Trainers • Certified Ergonomists (CPE) • Hazardous Materials First Responders • Registered Environmental Assessors (REA) • Associates in Risk Management (ARM) • Certified Playground Inspectors (CPSI) • Certified Aerial Lift Trainers Item 1L - Page 145

P&C BRIDGE
P&C Bridge is a web-based portal Keenan designed to allow our clients 24/7 access to the tools necessary to manage their Property, Liability and Workers’ Compensation programs. P&C Bridge enables you to bridge Training, Compliance, Communication and Risk Management in one secure platform. P&C Bridge was built with the help of Risk Managers, Chief Business Officials, and Human Resources professionals as they told us specifically what they needed to bring safety, accountability and efficiencies to their organizations.

P&C Bridge Features:
• Keenan SafePersonnel Dashboard, online
training can help public agencies comply with
regulatory compliance and increase the safety
of their employees.
• Claim Related Alerts. How are you managing
your workers’ compensation program? P&C
Bridge claim related alerts offer more options
to assist your agency in managing important
claim milestones.
• What’s Trending? Stay on top of issues
important to your peers. Quickly see content,
training and other resoures your peers are in and viewing. • Follow Content Important to You. Personalize your account to follow topics that are most interesting to you and have the option to receive an email notification when new content on that topic is posted to P&C Bridge
• Keep Track of Important Meetings, Trainings and Events. Use the calendar tool to easily see meetings, trainings and events that are coming up and add them to your personal calendar. Customize your calendar view to only see events that matter most to you and your agency • User Friendly Format. The design of P&C Bridge makes it easy to find what you are looking for.

Item 1L - Page 146
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KEENAN SAFEPERSONNEL
Keenan SafePersonnel – Web Based Online Training
Built on technology extensively proven in public agencies and recognized with a 2013 Business Insurance Innovation Award, Keenan SafePersonnel has an established track
record with over 500,000 course completions.

The Keenan SafePersonnel courses have been specifically designed for California cities, counties, transit agencies and special districts. The content is newly updated and regularly reviewed to remain current.

Keenan SafePersonnel develops a strong safety culture for the City:
• Fosters a safe, healthy environment for agency
employees and helps protect your community.
• Cost effectively delivers training online with far less disruption to work schedules and reduced travel
expense.
• Courses align with your exposures, loss history and
reinforce targeted prevention strategies.
• Interactive, visually-pleasing content engages employees with short, manageable modules. • Centralized, automated record of training for Cal/OSHA and risk management documentation.

Item 1L - Page 147
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DISCLOSURE STATEMENT
DISCLOSURE STATEMENT:

AssuredPartners agencies are licensed as insurance producers by the various States where we are transacting insurance, which includes the sale, solicitation, and servicing of insurance business, as well as advising on the relative benefits of certain insurance policies and risk management programs. Our agencies typically receive compensation from insurers in the form of commissions paid as a percentage of the premiums due the applicable insurance companies. Commissions can vary by insurance company, by volume of business placed with that company or the profitability thereof, and other factors. In other cases, depending on various State laws and the capacity in which our agency is acting, our agencies may receive other forms of compensation from insurers, insurance intermediaries, premium finance companies and other vendors; such as contingents, overrides, profit-sharing, premium finance fees, expense reimbursements, producer subsidies, award trips, meetings and other incentives. We also earn interest on premiums we hold until it is time to pay the applicable insurance companies.

Our overriding desire is to provide great customer service, having you, the customer, believe we have earned our compensation. We believe in full disclosure of our compensation. Accordingly, if you have any questions about the compensation we receive from your policies (including policies we propose to you), please just ask your account representative, who will gladly provide you a summary of our compensation arising from your policies (some estimation may be necessary, for example where contingents are involved).

This proposal provides a summary of coverages. In the event of a conflict, the actual terms, conditions, limitations and exclusions of the policy shall prevail.

Item 1L - Page 148

BIND ORDER
I have reviewed and accept the attached Proposal. Please accept this as our authorization to bind coverage effective July 1, 2023. This proposal provides a summary of coverages. In the event of a conflict, the actual terms, conditions, limitations and exclusions of the policy shall prevail.

Excess Liability:

Municipal Insurance Cooperative: $1,085,793
MIC JPA Management Fee: $16,750
Budgeted Pool Costs: $10,000
Total Cost: $1,112,543
Public officials & Management Liability – Retention Buydown:

ACE American Insurance Company: $71,275.00
Property – All Risk:

Affiliated FM Insurance Company: $464,445 includes Terrorism @ $13,528 Difference in Conditions – All Other Locations:

Beazley Lloyd's Syndicate 2623 & 623: $357,993.33
DIC Waste Water Treatment Plant:
[ ] Arch $5M: $208,423.60
[ ] Westchester $10M Excess Limits: $154,555.39
[ ] Lloyds of London - Hiscox $10M Excess Limits: $54,633.81 Excess Workers Compensation:

Safety National: $299,639.00
Airport Liability:

ACE: $59,427.00
Village Fest:

Mesa Underwriters: $12,397.48
Multimedia:

Landmark American Insurance Company: $6,024.90
Crime:

Fidelity and Deposit Company of Maryland: $5M limits: $15,013 Cyber / Data Breach:
[ ]Ace American Insurance Co $1M Limits $75K Retention: $64,353.00 [ ]Coalition, via - Arch, Ascot, Fireman’s Fund, Fortega - $1M Limits $50K Retention: $46,931.00 [ ]Coalition, via - Arch, Ascot, Fireman’s Fund, Fortega - $3M Limits $75K Retention: $103,680.00 Item 1L - Page 149
Subjectivities:
• Property All Risk: Signed TRIA
• Property DIC: Signed TRIA AOL: Beazley rejection
• Property DIC: Signed TRIA WWTP ARCH rejection
• Property DIC: Signed D1 Westchester
• Village Fest: Signed TRIA, D1 Form & Currently Dated Signed Application • Airport Liability: Signed TRIA
• Cyber Liability: Coalition - An authorized representative of the Named Insured signs the Coalition application within ten (10) days of the issuance of a binder or insurance coverage will not take effect
• Cyber Liability: Coalition - *Exposed Fortinet Technology* We identified a Fortinet access route on an asset identified as belonging to your organization during our routine scan. Fortinet is responsible for managing authorized access to network environments, and as a result, it is critical to maintain strict security controls to help defend the device. This contingency must be completed prior to binding
________________________________________________ _________________________________ Signed by (Printed Name) Title
________________________________________________ _________________________________ Signature of Authorized Representative Date
Item 1L - Page 150
ATTACHMENT 3
Item 1L - Page 151
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Keenan and Associates
2355 Crenshaw Blvd, Suite 200 Torrance, CA 90501
California
x
Sean Smith X
David Seres X
J. Daniel Keenan
X Senior Vice President
Item 1L - Page 152
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date AssuredPartners Capital, Inc. 100%, Keenan & Associates Suleman Moloo, Chief Financial Officer
06/21/2023
450 S. Orange Ave, 4th Floor
Orlando, FL 32801
Item 1L - Page 153

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

ACCEPT GRANT AWARD FROM CALIFORNIA PUBLIC UTILITIES COMMISSION IN AN AMOUNT UP TO $233,500 AND APPROVE CONTRACT SERVICES AGREEMENT NO. 23P125 WITH HR GREEN PACIFIC, INC. FOR BROADBAND

MASTER PLAN
RECOMMENDATION:

Accept a Local Agency Technical Assistance grant award from The California Public Utilities Commission in an amount up to $233,500.

1. Approve Contract Services Agreement No. 23P125 with HR Green Pacific, Inc. to provide a broadband master plan for a one-year term in an amount not to exceed $162,220 beginning July 1, 2023, through June 30, 2024.

2. 3. Authorize the City Manager or designee to execute all necessary documents.

Attachments
Item 1M

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: ACCEPT GRANT AWARD FROM CALIFORNIA PUBLIC UTILITIES COMMISSION IN AN AMOUNT UP TO $233,500 AND APPROVE
CONTRACT SERVICES AGREEMENT NO. 23P125 WITH HR GREEN
PACIFIC, INC. FOR BROADBAND MASTER PLAN
FROM: Scott C. Stiles, City Manager
BY: Department of Information Technology
SUMMARY:

Accept a grant award from the California Public Utilities Commission and award a contract services agreement with HR Green Pacific, Inc. for a broadband master plan.

RECOMMENDATION:

1. Accept a Local Agency Technical Assistance grant award from The California Public Utilities Commission (Attachment A) in an amount up to $233,500.

2. Approve Contract Services Agreement No. 23P125 (Attachment B) with HR Green Pacific, Inc. to provide a broadband master plan for a one-year term in an amount not to exceed $162,220 beginning July 1, 2023 through June 30, 2024.

3. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment C) submitted on May 4, 2023, HR Green Pacific, Inc. is registered in the State of California.

BACKGROUND:

The City of Palm Springs has identified the importance of encouraging the development of reliable and cost-effective next generation broadband (“broadband”) services. As such, the City’s approved budget includes funding for the evaluation and development of strategies for the short-term and long-term development of advanced broadband services within the City. “Next generation” broadband services are becoming available in several Item 1M - Page 1
City Council Staff Report
June 29, 2023 -- Page 2
Accept Grant & Award Broadband Master Plan Contract
cities, and it is anticipated that “next generation” broadband services have a net positive economic and social impact to local economies, while enhancing a community’s quality of life through expanded innovation opportunities, workforce development training, the narrowing of the digital and/or economic divide and improved organizational operation efficiencies.

The City of Palm Springs’s Broadband Master Plan will:

1. Develop a greater understanding with residents, businesses and other governmental entities regarding the need and value of next generation high-speed broadband service.

2. Engage and educate specific and general members of the public regarding the technology of delivering broadband.

3. Determine the community’s needs and desires regarding broadband.

4. Research and evaluate the current supply of broadband communications assets, products and services in the City and region.

5. Create a structured evaluation of the wide range of strategies available to the City to facilitate the availability of “Next Generation” broadband service. This will include inventory of assets, objective market demand research, financial modeling and feasibility including a cost benefit analysis for the City being a service provider to underserved communities.

6. Analyze implementation scenarios evaluated through modeling, fiscal analysis and strategies for policies and business practices.

STAFF ANALYSIS:

Staff identified a Local Agency Technical Assistance grant opportunity from the California Public Utilities Commission. This is a $50 million grant program to reimburse eligible local governments and Tribal entities for pre-project costs associated with work that facilitates broadband network deployment projects to communities lacking sufficient Internet. Staff worked with a grant consultant to apply for a grant to be used for broadband master planning services. On November 2, 2022, the City was notified of a grant award in an amount up to $233,500.

After receiving notice of the grant award, staff issued a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.

Five proposals were received and evaluated by an evaluation team made up of City staff from the Information Technology and Planning Departments. The proposals were evaluated against published criteria that included the firm’s experience, the staff’s experience, the understanding of the scope of work, local preference, and price. HR Green Pacific, Inc. was ranked the highest by the evaluation team and is being Item 1M - Page 2
City Council Staff Report
June 29, 2023 -- Page 3
Accept Grant & Award Broadband Master Plan Contract
recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT:

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. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that 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.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City Council principle of Forward-Thinking Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 40105 from receipt of the grant.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement and Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Grant Award
B. Agreement No. 23P125
C. Public Integrity Disclosure
Item 1M - Page 3

ATTACHMENT A

Item 1M - Page 4
November 2, 2022
Larry Klingaman
[email protected]
Palm Springs Broadband Readiness Project
Dear Larry Klingaman,
Congratulations! The California Public Utilities Commission is pleased to inform you that the City of Palm Springs’ application for Local Agency Technical Assistance grant funding for the Palm Springs Broadband Readiness Project in the amount of up to $233,500.00 has been approved.

Pursuant to Decision (D.) 22-02-026, Staff is authorized to approve applications that meet all the criteria for Ministerial Review. Your application was received on September 29, 2022 and was posted on the CPUC’s Local Agency Technical Assistance webpage. Staff reviewed your application and determined that your application is eligible for a grant and meets eligibility criteria for Ministerial Review.

The award is predicated on the City of Palm Springs’ agreement to provide technical assistance as detailed in its application. In its application, the City of Palm Spring agreed to comply with the specified Ministerial Review criteria as well as to fulfill all requirements, guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026 including but not limited to execution and performance, payment, reporting and award acceptance requirements listed in Attachments 1 and 2 of this letter. Please sign and submit the following: 1. A Consent Form binding your organization to the terms of the grant and 2. A State of California Government Agency Tax Payer ID Form for tax reporting purposes. You must submit these documents within 30 days of the date of this letter. If you do not, this award is void.

Thank you for your application and please direct any questions to Angela Beane ([email protected]) and/or refer to the Grantee Administrative Manual, available at https://bit.ly/CPUCLATA.

We appreciate your efforts to provide service to our fellow Californians.

Sincerely,
Robert Osborn
Director
Communications Division
Item 1M - Page 5

PUBLIC UTILITIES COMMISSION
$TATE OF CAUFORNIA
505 VAN N ESS AVENUE I SAN FRANCISCO. CALIFORNIA 94102
300 CAPITOl. MALL I SACRAM ENTO, CALIFORNIA 9S814
2 ATTACHMENT 1
Requirements
The grant award is predicated on the City of Palm Springs’ agreement to provide technical assistance as detailed in its application. In its application, the City of Palm Springs agreed and attested to comply with the specified Ministerial Review criteria as well as fulfilling all requirements guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02- 026, including but not limited to execution and performance, payment, reporting and award acceptance requirements. Key requirements of Local Agency Technical grant include, among others:
• All costs are related to the development of broadband network deployment projects to benefit unserved or underserved Californians. These projects may include, but are not limited to, the costs of joint powers authority formation, environmental studies, network design, and engineering study expenses.
• Grant may not exceed $500,000 per local agency, per fiscal year • A signed affidavit agreeing to comply with the terms, conditions and requirements of the grant and submits to the jurisdiction of the Commission with respect to the disbursement and administration of the grant as well as applicable state and federal rules concerning broadband services.
• Grantee must sign a Consent Form agreeing to the terms stated in the award letter as well as all Local Agency Technical Assistance Rules and Requirements, Guidelines and Application Materials in D.22-06-026.
• Grantee must complete the reimbursable work product within 24 months. • Grantee must provide Staff a copy of the final reimbursable work product.

Reporting
The grant award is contingent upon fulfilling the reporting requirements per D.22-06-026, Attachment

1. SB 156 requires grantees to fulfill the monthly reporting requirements set forth in Public Utilities Code section 281(l)(1) if they are using a licensed contractor or subcontractor* to undertake a contract or subcontract in excess of twenty-five thousand dollars ($25,000). The Commission is required to post that information on its website. Specifically, SB 156 requires the following to be reported to the Commission on a monthly basis:
• The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section. • The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.

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3 • The anticipated dates when that work will be performed. *Licensed contractor or subcontractor means any contractor that holds a California state license through the contractor’s state license board (https://www.cslb.ca.gov/).

Post-completion
Upon completion of the reimbursable work product and before final payment, Grantees must:
• Provide a signed completion form stating the technical assistance work has been completed suitable to be posted on the Commission’s webpage. The signed completion form must be provided prior to final payment and must include a short summary of the reimbursable work product(s) performed under the contract, including demonstration that the reimbursable work product(s) identify broadband infrastructure deployment projects that will help achieve the CASF deployment goal, and identification of the area(s) where the applicant intends to deploy broadband based on the reimbursable work product(s).

Provide a copy of each reimbursable work product’s final report(s), plans, studies, etc. produced under the contract.

Payment
Payment will be made directly to the local agency as the grant recipient. Local agency grantees may request partial reimbursement if they complete one or more of the approved reimbursable work products prior to completion of other reimbursable work products approved in the same grant authorization. Payment will be based upon receipt and approval of an invoice(s) submitted by the local agency showing the expenditures incurred for the reimbursable work product, along with the reimbursable work product final report/study/joint powers agreement, etc., and the completion reporting required above. The invoice(s) must be supported by documentation including but not limited to the actual cost of labor and any other expense that will be recovered by the grant.

To the extent that any portion of an award was used to reimburse a local agency for administrative costs associated with securing or completing a reimbursable work product, the local agency must submit an itemized accounting of such costs, demonstrating the total requested for reimbursement does not exceed 15 percent of the total authorized award. If any portion of reimbursement is found to be out of compliance, grantees will be responsible for refunding any disallowed amount along with appropriate interest rates determined in accordance with applicable Commission decisions. Grantees are required to maintain records such as files, invoices, and other related documentation for five years after final payment. Grantees shall make these records and invoices available to the Commission upon request and agree that these records are subject to a financial audit by the Commission at any time within five years after the final payment made to a grantee.

Execution and Performance
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4 The City of Palm Springs must complete the project within the 24-month timeframe in accordance with the terms of approval granted by the Commission. If the Grantee is unable to complete project within the 24-month timeframe, it must notify the Commission or Director of Communications Division as soon as it becomes aware of this prospect. The Commission may reduce or withhold payment for failure to satisfy this requirement. In the event that the Grantee or contractor fails to complete the work in accordance with the approval granted by the Commission, and as described in its application and contract, the Grantee must reimburse some or all of the funds it has received.

The City of Palm Springs must sign and submit the linked Consent Form agreeing to the terms of the award within 30 calendar days from the date of this letter. Failure to submit the Consent Form within the timeframe required, the CPUC will deem the grant or award null and void.

The City of Palm Springs must communicate in writing to the Communications Division’s Director regarding any changes to the substantive terms and conditions underlying the Commission’s approval of the grant (such as changes to a reimbursable work product contract, work plan or budget) at least 30 days before the anticipated. Substantive changes may require approval by either the Communications Division Director or by Commission Resolution before becoming effective.

The Commission has the right to conduct any necessary audit, verification, and discovery for work proposed or completed under the technical assistance to ensure that funds are spent in accordance with Commission rules and with the terms of approval by the Commission.

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5 Attachment 2
Local Agency Broadband Technical Assistance
Reporting Requirements and Guidelines
Version October 2022
The Local Agency Technical Assistance program provides grants for eligible pre-construction work which facilitates the construction of broadband network projects. When the California Public Utilities Commission (CPUC) established the technical assistance grant program, the program was funded with American Rescue Plan Act monies administered by the U.S. Treasury. The source of technical assistance funding has changed. This guidance outlines grantee reporting.

The Commission issued Decision (D.) 22-02-026 establishing program requirements for the Local Agency Technical Assistance Grant Program.

Grantees must file quarterly progress reports to the Commission with the below information.

Narrative Project Information

1.1 The counties, cities and census designated places where households, businesses, and community anchor institutions are planned to be served by the broadband project.

1.2 Confirmation that the technical assistance is designed to support projects that, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds.

1.3 Statement of intention about the pricing plans for projects that the technical assistance will support, such as offering of affordable plan or low-income plan subsidized with other funding (ACP).

1.4 Information on broadband need in the project area.

1.5 Statement describing the community benefits of broadband technical assistance.

Detailed Project Information

2.1 Individual work products granted by the program.
o Dollars/hours expended per task/work product.

2.2 Estimated construction start date (month/year).

2.3 Estimated construction completion date (month/year).

2.4 Estimated initiation of operations date (month/year).

2.5 Planned project technology type(s):
o Fiber
o Coaxial Cable
o Terrestrial Fixed Wireless
o Other (specify)

2.6 Estimated total miles of fiber to be deployed.

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6 2.7 Planned number of locations to be served, broken out by type:
o Residential locations
o Business connections
o Community anchor institutions

2.8 Planned non-promotional prices including associated fees, speed tiers, and data allowance for each speed tier.

2.9 Other data on broadband need, by location.

Submission
To assist grantees with the filing of quarterly progress reports to the Commission, a sample of the reporting requirements is found in Attachment A of this document.

Planned project information listed in Attachment A should be submitted on a quarterly basis to the Commission’s email at [email protected]. Grantees need to include in the email subject line:

1. Application Name

2. Project Name

3. The Reporting Quarter/Month
Updated quarterly project submissions are required to be sent by the due dates shown below. Grantees are responsible for contacting the Commission at [email protected], if the information cannot be submitted on time.

Reporting Period Project Information Due to CPUC
October 1 – December 31, 2022 January 2, 2023
January 1 – March 31, 2023 April 1, 2023
April 1 – June 30, 2023 July 1, 2023
July 1 – September 30, 2023 October 1, 2023
October 1 – December 31, 2023 January 2, 2024
January 1 – March 31, 2024 April 1, 2024
April 1 – June 30, 2024 July 1, 2024
July 1 – September 30, 2024 October 1, 2024
October 1 – December 31, 2024 January 2, 2025
January 1 – March 31, 2025 April 1, 2025
April 1 – June 30, 2025 July 1, 2025
July 1 – September 30, 2025 October 1, 2025
October 1 – December 31, 2025 January 2, 2026
January 1 – March 31, 2026 April 1, 2026
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7 April 1 – June 30, 2026 July 1, 2026
July 1 – September 30, 2026 October 1, 2026
October 1 – December 31, 2026 February 1, 2027
Additional Information
Reporting requirements and guidelines are subject to change, and CPUC or the Commission may define additional requirements on CPUC’s website.

These requirements, in spreadsheet format, are available at: https://www.cpuc.ca.gov/-/media/cpucwebsite/divisions/communications-division/documents/broadband-implementation-forcalifornia/technical-assistance-reporting-requirements-oct-2022.pdf Item 1M - Page 11

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ATTACHMENT B

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CONTRACT SERVICES AGREEMENT 23P125

BROADBAND MASTER PLAN
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 1, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and HR GREEN PACIFIC, INC., a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide a broadband master plan, (“Project”).

B. Contractor has submitted to City a proposal to provide a broadband master plan, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

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1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $162,220.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written 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 product, 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 Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

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4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on July 1, 2023, and ending on June 30, 2024, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor 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 receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

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5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: George A. Wentz (name), Vice President (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor 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.

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Item 1M - Page 16
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without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

HR Green Pacific, Inc. Vice President

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’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 Item 1M - Page 17
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including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’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.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and 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.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’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 Contractor’s performance under this Agreement. Contractor 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.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms 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.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are 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. 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.

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

9.6 Attorney Fees. In the 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 fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor 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.

10.3 Covenant Against Discrimination. In 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”). Contractor 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, 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.

11. MISCELLANEOUS PROVISIONS

11.1 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 Item 1M - Page 20
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writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: HR Green Pacific, Inc.

Attention: George A. Wentz
44651 Village Court, Suite 123
Palm Desert, CA 92260

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels 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.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

11.6 Third Party Beneficiary. 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.

11.7 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.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

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11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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Revised 4.13.23 Page 11 of 25

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND HR GREEN PACIFIC, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _________________ Item No. _________
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1M - Page 23
Revised 4.13.23 Page 12 of 25
EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1M - Page 24
Revised 4.13.23 Page 13 of 25

1.1 Background:

A. The City of Palm Springs has identified the importance of encouraging the development of reliable and cost-effective next generation broadband (“broadband”) services. As such, the City’s approved budget includes funding for the evaluation and development of strategies for the short-term and long-term development of advanced broadband services within the City. “Next generation” broadband services are becoming available in several cities, and it is anticipated that “next generation” broadband services have a net positive economic and social impact to local economies, while enhancing a community’s quality of life through expanded innovation opportunities, workforce development training, the narrowing of the digital and/or economic divide and improved organizational operation efficiencies.

B. The City of Palm Springs’s Broadband Master Plan upon completion will:

1. Develop a greater understanding with residents, businesses and other governmental entities regarding the need and value of next generation highspeed broadband service.

2. Engage and educate specific and general members of the public regarding the technology of delivering broadband.

3. Determine the community’s needs and desires regarding broadband.

4. Research and evaluate the current supply of broadband communications assets, products and services in the City and region.

5. Create a structured evaluation of the wide range of strategies available to the City to facilitate the availability of “Next Generation” broadband service in Palm Springs. This will include inventory of assets, objective market demand research, financial modeling and feasibility including a cost benefit analysis for the City being a service provider to underserved communities.

6. Analyze implementation scenarios evaluated through modeling, fiscal analysis and strategies for policies and business practices.

1.2 Scope:

A. The Contractor shall develop a Broadband Master Plan for the City of Palm Springs.

The scope is broken into eight tasks with deliverables for each task; the deliverables shall be combined to form the final deliverable (i.e., a comprehensive Master Plan).

Contractor shall facilitate bi-weekly engagements throughout the project to provide updates on major milestones, enable discussion with the City’s project team and stakeholders, and seek approval of the City’s project team leader of the Contractor’s recommendations.

1. Task 1: Kick-Off Meeting and Project Management Plan a. Contractor’s Project Manager and core project staff shall meet with the City’s project manager and staff to launch the project. The kick-off session will enable an understanding of the City’s long-term vision and expected timeline.

Contractor shall seek guidance on any potential hurdles or areas of concern, as well as insight into the City’s knowledge of fiber and wireless service providers’ plans for future expansion.
b. The specific agenda items for the kick-off meeting includes:

1. Introduce team members and identify project stakeholders.

Item 1M - Page 25
Revised 4.13.23 Page 14 of 25

2. Confirm project goals, objectives, and milestones.

3. Transfer relevant maps, studies, and documents to the Contractor project team, including existing City GIS data (e.g., fiber assets, traffic signal poles, City buildings) and data related to permitted construction projects, upcoming capital projects, wireless facility siting applications, and existing City policies.

4. Discuss Contractor’s draft project plan and submit to the City’s project manager prior to the meeting. The plan shall outline tasks, deliverables, schedules, and responsibilities within the team.
c. The goal in this orientation is to hear from the City’s project team and present an overview of the approach. Lessons learned from similar client projects will be discussed.
d. Based on the project goals and priorities discussed at the meeting, as well as other feedback received, Contractor shall refine the initial project plan to reflect any updates or changes to the scope or timeline. e. Deliverable: Project Management Plan

2. Task 2: Identify and Inventory Assets
a. Contractor shall to the extent feasible given publicly available information, assess the City’s existing broadband infrastructure assets (owned and leased), as well as fiber assets and related facilities within the City. The City wants this information to be collected, updated and organized, and for the condition, capacity and suitability of these assets to be evaluated by professionally qualified technical personnel using best engineering practices.

The City is already working with Coachella Valley Association of Governments (CVAG) on their deployment of the Golden State Middle Mile program and coordination with CVAG will be imperative.
b. Drawing on the City’s GIS data, as-built drawings, and other data provided by the City’s staff, as well as Contractor’s independent information gathering, Contractor shall perform a desk inventory of:

1. City’s fiber assets

2. City assets that could support fiber network deployment.

3. City assets that currently or could accommodate small cell antennas, including but not limited to street light poles, traffic signal poles, water tanks, stadium lights, and City buildings.

4. Private broadband infrastructure (e.g., dark fiber), to the extent public data exists.

5. CVAG and other public agencies assets that could support fiber network deployment.

6. Inventory of current and potential future City Capital Projects

7. Inventory and capacity estimate of broadband‐relevant city‐owned real estate, including but not limited to existing and potential wireless sites and wireline node locations (e.g. cabinets, fiber huts, data centers) Item 1M - Page 26
Revised 4.13.23 Page 15 of 25
c. The plan should provide next steps for implementing the Broadband Infrastructure Master Plan including estimates on the cost of each implementation phase, and a conceptual road map for long‐term implementation of all recommendations.
d. Contractor shall first review the City’s GIS layers, records of existing and planned wireless facility siting, and other related data to identify the scope of existing inventoried assets. Contractor shall then review the City’s as-builts to identify City-owned assets that are not in the City’s GIS maps. e. Through this task Contractor shall develop some of the key information required to develop a network design, cost estimates, and strategic guidance to the City. Contractor shall advise the City on its current map data and identify gaps (shortcomings) in the existing infrastructure as compared to a carrier-grade network.
f. Contractor’s deliverable for this task, which will inform Contractor designs in later tasks, shall be inventory data in a format suitable for future integration into the City’s GIS layers.
g. Deliverable: Technical memorandum outlining inventory

3. Task 3: Needs Assessment and Goal Setting
a. Contractor shall seek to determine current Internet use and identify where gaps exist between demand and availability. Contractor shall aggregate and analyze a wide range of publicly available datasets (local, state, federal, and commercial datasets, to the extent they are available) and any data the City can provide to understand current internet utilization in the City’s residential, commercial and institutional markets. Contractor will also rely on deep knowledge of the current providers and market environment in the region. b. In addition to this data analysis, Contractor shall conduct six group meetings via videoconference or teleconference with representatives of the key potential user groups (e.g., government, schools, institutions, businesses, residential) to understand their needs.
c. In terms of assessing the City government’s needs for communications infrastructure in particular, Contractor shall facilitate in-depth discussions with representatives of the City’s departments who have technical knowledge and operational responsibilities for departmental activities that include or could include communications infrastructure. Contractor shall consider this needs assessment effort broadly, seeking to gather input from City staff not just on governmental operations, but also on needs for public facing Wi-Fi, commercial broadband services, residential broadband services, and communications support for emerging technologies. In this way, the outreach to City staff will provide inputs on needs in the other sectors, as well. d. Through this outreach Contractor shall seek to identify the City’s fiber broadband needs, and to develop an anecdotal inventory of opportunities and functions that fiber connectivity might support. This outreach shall include, to Item 1M - Page 27
Revised 4.13.23 Page 16 of 25
the extent feasible, an attempt to identify the leased circuit costs that the City could reduce or eliminate through expanded City-owned fiber. e. Through these discussions Contractor shall also seek to identify current or necessary policies, procedures, regulations, engineering standards, budgets, etc. that would have a positive effect on the City’s ability to implement the Master Plan (See Task 8).
f. These discussions shall also enable Contractor to identify opportunities for efficient, cost-effective deployment options. Across the full range of City government departments, there may be many initiatives, such as street furniture replacement, that could become part of an overall strategic plan for technology deployment (Kiosks, bus shelters, streetlights, traffic signals, and benches are all potential targets of opportunity for a coordinated plan). g. To develop a list of participants for this needs assessment task, Contractor shall work with the City to identify a comprehensive list of City departments to include in the assessment (e.g., Airport, Public Works, Economic Development, Public Safety, Traffic, and other Internet of Things [IoT]-related project areas), as well as representatives of other stakeholder groups (e.g., the business community, schools, institutions).
h. The outcome from these meetings shall include an identification of the City government’s needs, concerns, and priorities related to fiber and wireless network communications infrastructure.
i. Deliverable: Technical memorandum summarizing the needs assessment (including data sources consulted, interviews facilitated, and significant findings)—and the implications of those needs on the City’s fiber deployment plans.

4. Task 4: Conceptual Network Routes and Infrastructure Requirements a. Based on the inventory Contractor developed in Task 2 and the insights and input received during the needs assessment process in Task 3, Contractor shall identify and recommend options for both using the City’s existing fiber and cost-effectively expanding it. Contractor shall also evaluate aerial and underground construction options and shall seek to maximize the use of existing City-owned assets where feasible.
b. Conceptual fiber network routes shall be designed to support governmentfacing operations and the City’s technology projects, as well as being a resource for wireless providers, enabling economic development efforts and public-facing Wi-Fi, and potentially supporting residential and commercial broadband services. Contractor’s analysis in this task shall also inform the analysis in Task 6 and Task 7, including the factors necessary to attract potential network customers and service providers.
c. Deliverable: Technical memorandum outlining conceptual network routes and infrastructure requirements.

5. Task 5: Technical Specifications and Cost Estimation a. In this task, Contractor shall help the City understand the available technology options for meeting its needs. Contractor shall focus not just on technological capabilities (i.e., the ability of a solution to meet end users’ Item 1M - Page 28
Revised 4.13.23 Page 17 of 25
needs), but also on operating costs, product lifecycles, and other issues related to the long-term financial sustainability of the City’s efforts. Contractor shall recommend broadband infrastructure that can support service providers (if that is the City’s chosen business model) as well as City government and public safety needs and requirements.
b. Contractor’s engineers shall prepare a system-level design and cost estimate for a fiber network to meet the City’s stated goals and identified needs. The network design shall connect businesses/economic development target areas, underserved areas and City facilities. Contractor’s design shall enable either City or third-party operations, and a multi-phase buildout. c. To be clear, Contractor will not create a system-level design or a detailed design. Rather, Contractor shall create a high-level network topology and architecture based on the needs identified and the other information Contractor develops through asset inventory and desk review of the City’s GIS maps and as-builts. This architecture shall describe an expanded, Cityoperated fiber infrastructure that can support open network operations and the City’s identified needs, likely including wireless deployment for IoT and other uses. Contractor shall also develop a high-level cost estimate (capital and operating) for the recommended network.
d. The network Contractor recommends shall leverage the City’s existing fiber and infrastructure, shall reflect best practices for security and resiliency, shall consider innovative approaches such as smart poles that can incorporate small cell antennas, and shall support both City and public-facing uses. e. Contractor shall prepare cost estimates and supporting documentation for fiber deployment, inclusive of anticipated construction labor, materials, engineering, permitting, pole attachment licensing, quality control, and testing.
f. Supporting documentation shall include summary tables of key project metrics generated for cost estimation purposes, including estimated fiber plant mileage; number of homes and businesses; and anticipated percentages of aerial versus underground construction. Additionally, Contractor shall provide a narrative to explain key construction characteristics that impact the cost estimates.
g. Contractor should provide that the cost estimates shall allow the City to inform future cost estimates for detailed engineering of specific phases, as well as to properly scope construction phases according to particular budgetary constraints.
h. As is typical in this phase of a fiber construction project, the cost estimates are not based on a detailed design, environmental assessment, or geotechnical analysis of soil composition. As a result, actual costs may vary due to unknown factors, including: 1) costs of private easements, 2) utility pole replacement and make ready costs, and 3) subsurface hard rock.

Contractor shall incorporate suitable assumptions to address these items based on experience.
i. Deliverable: Technical memorandum describing high-level technical specification and cost estimate.

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Revised 4.13.23 Page 18 of 25

6. Task 6: Capital Project Analysis and Grant Technical Materials a. Drawing on information provided by the City’s Public Works and Community Development Departments, Contractor shall review the City’s five-year Capital Improvement Project forecast and provide technical details including cost estimates, narratives, and other data to indicate that the project is shovel-ready for the City to pursue technical assistance grants that will provide funding for the next phase of implementation.
b. Deliverable: Technical memorandum addressing projects which are shovelready.

7. Task 7: Assessment of City Policy
a. The City has some existing policies, practices and ordinances, that directly or indirectly have an impact on broadband infrastructure development, deployment and use. The City wishes to have (1) these policies collected, cataloged and summarized in a comprehensive manner; (2) gaps identified; and (3) recommendations regarding policies and other best practices that cities have used to increase broadband quality and access to ensure City service resilience, support business/ economic development, and increase equitable growth; and (4) information regarding potential costs and replicability of those policies for the City of Palm Springs. b. These policies will include but not necessarily be limited to:

1. Mission statements.

2. General plan, master plans and other land use policies.

3. Broadband‐specific plans, policies and ordinances, including Dig once/open trench/shadow conduit/excavation policies, aesthetics policy, GIS logging and digital plan submission, and broadband infrastructure construction standards, including but not limited to conduit specifications, broadband building standards, smart building requirements, and specifications for public facilities, new construction and major remodeling projects.

4. Fiduciary requirements, constraints and procedures, including those related to City network operations and ownership, and the private use of municipal assets, including but not limited to master leases.

5. Regulatory policy, including but not limited to City's currently established role, franchise compliance, enforcement liaison with other agencies, and competitive access to multiple occupancy buildings.

6. Government operations, including but not limited to online access to City services, online permitting, open data and public housing facilities.

7. Wireless facilities permitting.
c. Deliverable: Compilation and summary evaluation of existing broadband relevant City of Palm Springs policies, and an identification of policy areas that might require creation and further development in subsequent.

8. Task 8: Master Plan Compilation and Approval Process Support Item 1M - Page 30
Revised 4.13.23 Page 19 of 25
a. The final deliverable shall be a Broadband Master Plan, incorporating the output of work in all prior tasks. Contractor shall compile the technical memoranda prepared for each of those tasks into a comprehensive Master Plan to include an executive summary, final recommendations, and an implementation roadmap.
b. Contractor shall deliver a draft version of the report in Microsoft Word format for the City’s review and then prepare a final report based on the City’s feedback. As with all projects of this nature, Contractor shall deliver maps and location data developed in a format that the City can incorporate into its existing GIS data.
c. Deliverable: Draft and Final Broadband Master Plan.

1.3 Schedule:

The anticipated schedule is detailed below:

Preliminary Schedule Tasks
July 2023 Kick-Off Meeting & Project Management Plan
July – August 2023 Identify and Inventory Assets Needs Assessment & Goal Setting
August – September
2023
Needs Assessment & Goal Setting
September – October
2023
Conceptual Network Routes and Infrastructure requirements September – October
2023
Technical Specifications and Cost Estimation
September – October
2023
Capital Project Analysis and Grant Technical Materials
September – October
2023
Assessment of City Policy
October – November
2023
Master Plan Compilation and Approval Process Support

1.4 Compensation:

Work will be compensated on a lumpsum basis for each task. Contractor will also provide a rate for additional 2-hour videoconference-based workshop. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1M - Page 31
Revised 4.13.23 Page 20 of 25
Item 1M - Page 32
Item
1 2
3 4
5 6
7 8
9 EX
1ml
HRGreen.
jl! A t I I C
ATTACHMENT "f "

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 30-23)

BROADBAND MASTER PLAN
THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTROlllC FILE #2 "Cost Proposal", NOT with Electronic f ife #1, TechnicallWork Proposa.1·•) Description Unite of Rate TOTAL
Measure (Range)
Task 1: Kick-Off Meeting & Project Management LUMP SUM $138-$275 $12,312.00 Plan
Task 2: Identify and Inventory Assets Needs LUMP SUM $138-$275 $21,342.00 Assessment & Goal Setting
Task 3: Needs Assessment & Goal Setting LUMP SUM $138-$275 $40,878.00 Task 4: Conceptual Network Routes and LUMP SUM $138-$275 $17,892.00 lnfrastructi.e reqLirements
Task 5: Technical Specifications and Cost LUMP SUM $138-$275 $26,170.00 Estimation
Task 6: Capital Project Analysis and Grant LUMP SUM $138-$275 $12,852.00 Technical Materials
Task 7: Assessment of City Poficy LUMP SUM $138-$275 $13,298.00 Task 8: Master Plan Compilation and Approval LUMP SUM $138-$275 $12,476.00 Process Support
Rate for additional 2-hour videoconference- EA $2,494.00 based workshops
Expenses LUMP SUM $5,000.00
Total $162,220.00
Certified by:. ___ G_e_or-ge_A_._W_e_n_tz~, P_E ____________ _ Printed Name: _ :.:G~eo, ~ g:.e !:A. :.:W~e::n~tz::_, P~E:_ ____ ..:::=::::::_ ____ _ Title: _____ V_ice__Pr_es_id_e_nt _____________ _
Date: ____ M_~-'--25_,_2_02_3 _____________ _
Cost Proposal - Broadband Master Plan (30-23)
I> City of Palm Spmgs
Revised 4.13.23 Page 21 of 25
EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1M - Page 33
Revised 4.13.23 Page 22 of 25

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____X____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1M - Page 34
Revised 4.13.23 Page 23 of 25
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. 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. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The 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 Contractor’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:

A. "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).

B. "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).

C. "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 representative" is not acceptable and must be crossed out.

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Revised 4.13.23 Page 24 of 25
D. 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.

In addition to the endorsements listed above, the City of Palm Springs shall be named 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.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1M - Page 36
Revised 4.13.23 Page 25 of 25
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1M - Page 37

ATTACHMENT C
Item 1M - Page 38
Page VI
Technical Proposal - Broadband Master Plan (30-23)
Z City of Palm Springs

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
HR Green Pacific, Inc.
1260 Corona Pointe Court, Suite 305, Corona, CA 92879
44651 Village Court, Suite 123, Palm Desert, CA 92260
California
X
Please refer to the following pages where we have attached our Corporate Resolution which includes a list of our corporate officers.
-
Item 1M - Page 39
HRGreen.

PACIFIC
Page VII
Technical Proposal - Broadband Master Plan (30-23)
Z City of Palm Springs
Item 1M - Page 40

CONSENT RESOLUTION

OF THE BOARD OF DIRECTORS OF
HR GREEN PACIFIC, INC.

The following actions are taken by the Board of Directors of HR Green Pacific, Inc., a California Corporation, by written consent of the Board of Directors, without a meeting, pursuant to Section 307(b) of the California Corporations Code permitting such actions to be taken:

OFFICERS
RESOLVED, that the following persons be and they hereby are elected as officers of this corporation, each to serve at the pleasure of the Board of Directors until the next regular meeting of the Board of Directors ( or written consent in lieu thereof) following the next annual meeting of the Shareholders of this corporation and until his or her successor is elected and qualified, or until his or her earlier resignation or removal:

President: Richard L. White
Michelle A. Byard
Jason J. Poppen
-
HRGreen.

PACIFIC
Chief Financial Officer/Treasurer:

SecretaryNice President:

Officer in Charge of Engineering Practice as referred to in California Business and Professions Code Section 6738: Richard L. White
Responsible Managing Officer in charge of Contracting as refeITed to in California Business and Professions Code Section 7068: Richard L. White
Vice President: Edward K. Barrett
Mohammad Akram Chaudhry
Jason S. Dohrmann
David R. Dougherty
Michael J. Halde
James E. Halverson
Timothy J. Hartnett
Ajay Jain
Ronald Krall
Andrew E. Marsh
David F. Maxwell
Andrew Mrowicki
Heath Picken
James R. Rasmussen
David L. Reitz
Stephen A. Sparks
Teresa H. Stadelmann
Phil L. Stuepfert
George A. Wentz
Stacy E. Woodson
Dawn R. Zahn

Page 1 ends

Page VIII
Technical Proposal - Broadband Master Plan (30-23)
Z City of Palm Springs
Item 1M - Page 41

GENERAL EMPOWERING RESOLUTIONS
RESOLVED, that the officers of this corporation are, and each acting alone is, authorized and empowered, to perfo1m all acts, including the execution of all documents necessary or convenient to secure the rights, perform the obligations and cany out the duties of this corporation pursuant to such contracts and agreements.

The undersigned, constituting the Board of Directors of this Corporation, do hereby consent to the foregoing actions.

Dezri~
Richard L. White

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CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

APPROVE THREE-YEAR AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC., FOR MICROSOFT LICENSING AND MAINTENANCE.

RECOMMENDATION:

Approve a three-year agreement with Insight Public Sector, Inc., for Microsoft licenses and maintenance at an amount not to exceed $938,948 including a 10% contingency.

1. 2. Authorize the City Manager to execute all necessary documents.

Attachments
Item 1N

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: APPROVE THREE-YEAR AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC., FOR MICROSOFT LICENSING AND MAINTENANCE
FROM: Scott C. Stiles, City Manager
BY: Information Technology Department
SUMMARY:

This action will approve a three-year agreement with Insight Public Sector, Inc. for Microsoft licenses and maintenance.

RECOMMENDATION:

1. Approve a three-year agreement with Insight Public Sector, Inc., for Microsoft licenses and maintenance at an amount not to exceed $938,948 including a 10% contingency.

2. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Insight Public Sector, Inc. is a publicly traded
https://investor.insight.com/financial-reports/secfilings/default.aspx. A signed Public Integrity Disclosure is included as Attachment A. In addition, Insight Public Sector certified that it meets the City of Palm Springs Conflict of Interest and Non-Discrimination requirements as evidenced by Attachment A.

BACKGROUND:

In June 2017, the City entered into a three-year agreement for Microsoft licensing with Insight Public Sector, Inc. which covers all staff, volunteer, and equipment licenses used for City business, leveraging the County of Riverside contract. In June 2018, the agreement was amended to include the cloud-based Microsoft Office 365 system and in July 2020, staff renewed the agreement for another three-year term. In July of 2022, staff acquired licenses for new employees and additional security and management features.

Item 1N - Page 1
City Council Staff Report
June 29, 2023 - Page 2
Software Licensing Renewal – Insight/Microsoft
Staff receives considerable value from the software and services that Microsoft is providing and has adopted a Microsoft first mindset. We have implemented the device management and additional security features acquired last year which has increased staff efficiency deploying and maintaining desktops. Staff is also migrating to SharePoint, which provides secure access to all City files from any location. Over the last year, staff has identified additional opportunities to increase our efficiencies by further adjusting our Microsoft Licensing.

Over one hundred fifty (150) existing server systems are currently licensed individually, which leads to mismatched software versions, excessive management, and increased licensing costs. Staff desires to upgrade to the Microsoft Server Datacenter licensing model which greatly simplifies our systems. Staff also desires to upgrade the patron experience at the fifty (50) Library and Recreation public Internet terminals by adding current Windows and Office licenses for each system. Lastly, staff is looking to add storage for SharePoint, acquire Microsoft Project, and further enhance our security posture for high-risk accounts.

STAFF ANALYSIS:

In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, staff may utilize cooperative contracts that have been publicly procured by other agencies to meet the procurement requirements. Therefore, staff is recommending utilizing the Riverside County contract Number PSA-0001526/RIVCO2020-RFQ-0000048 for this software which provides competitive pricing discounts. The Riverside contract provides steep discounts that the City could not achieve by negotiating directly with Microsoft.

Staff received a three-year quote for $853,589 ($284,529 per year) based on the Riverside Contract. The quoted amount includes the new features and additional licenses for recently approved staff positions. Staff is requesting a 10% contingency ($85,359) over the three-year period in the event additional positions are authorized or additional public access terminals are deployed bringing the not-to-exceed total to $938,948.

ENVIRONMENTAL ASSESSMENT:

Item 1N - Page 2
City Council Staff Report
June 29, 2023 - Page 3
Software Licensing Renewal – Insight/Microsoft
ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Principal, Forward Thinking Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025-50034 and will be budgeted in future fiscal years.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement and Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Business Disclosure Form
B. Three-year Renewal Quote

Item 1N - Page 3

ATTACHMENT A

Item 1N - Page 4
Item 1N - Page 5

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Insight Public Sector, Inc.

Address of Entity (Principle Place of Business)
2701 E Insight Way
Chandler, Arizona 85286
Local or California Address (if different than #2)
1940 E Mariposa Ave
El Segundo, CA 90245
State where Entity is Registered with Secretary of State Illinois
If other than California, is the Entity also registered in California? Yes Type of Entity
Corporation R.imited Liability Company F Partnership F Trust F Other (please specify)

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

( Revised 09 13 18)
Item 1N - Page 6

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A. 100%
Because Insight Enterprises, Inc. is a publicly-traded company on the Insight Enterprises, Inc. NASDAQ, our owners are •~holders who have chosen to purchase Insight s~s. A listing of all the SEC filings can be found here: https:// invest<r.insiglu.comltinancial-reports'scc-61ings/dcfaultaspx. ~ [name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party:

Printed Name: Erica Falchetti
Title: Director, Public Sector
Date: 6/7/2023

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)
Item 1N - Page 7
Business Disclosure - BLANK
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-06-07
Hannah Benton ([email protected])
Signed
CBJCHBCAABAA 1 PkelBP0KOJaoGmOBOviaeqLFmcA0r7q
"Business Disclosure - BLANK" History
'El Document created by Hannah Benton ([email protected]) 2023-06-07 - 3:02:16 PM GMT
2023-06-07
q Document emailed to Erica Falchetti ([email protected]) for signature 2023-06-07 - 3:02:43 PM GMT
'El Email viewed by Erica Falchetti ([email protected]) 2023-06-07 - 3:43:25 PM GMT
0o Document e-signed by Erica Falchetti ([email protected]) Signature Date: 2023-06-07 - 3:43:35 PM GMT - Time Source: server 0 Agreement completed.
2023-06-07 - 3:43:35 PM GMT
II Adobe Acrobat Sign

ATTACHMENT B
Item 1N - Page 8
1 of 2 6/15/2023
City of Palm Springs
Quotation: 0523-Palm Springs Renewalv8-MSEA-SC Insight Team Date: June 7, 2023 Cathy Chapman
Enrollment: TBD 503.320.0860
Contract: PSA-0001526/RIVCO-2020-RFQ-0000048
Customer understands and acknowledges that it is obtaining the software Products directly from Microsoft Corporation and that Insight provides no warranty to Customer covering the Products purchased hereunder. All warranties relating to such Products are granted solely by Microsoft Corporation.

Enrollment#: TBD
Confidential. Cover Thank you for the opportunity to quote.

Item 1N - Page 9
6/15/2023 Page 2 of 2
City of Palm Springs Preliminary Quote
Quotation: 0523-Palm Springs Renewalv8-MSEA-SC Subscription Start Date: 8/1/2023 Date: June 7, 2023 Subscription End Date: 7/31/2026
Enrollment: TBD
Contract: PSA-0001526/RIVCO-2020-RFQ-0000048
Part Number Item Name Purchase Period Product Type Quantity Unit Price Extended Price Enterprise Products
269-05623 Office Professional Plus ALng LSA Added at Signing License/Software Assurance Pack 50 $ 209.96 $ 10,498.00 KV3-00368 Win Enterprise Device ALng SA Added at Signing Software Assurance 50 $ 48.48 $ 2,424.00 Additional Products
7NQ-00292 SQL Server Standard Core ALng SA 2L Added at Signing Software Assurance 4 $ 641.74 $ 2,566.96 6VC-01253 Win Remote Desktop Services CAL ALng SA DCAL Added at Signing Software Assurance 100 $ 19.59 $ 1,959.00 9EA-00279 Win Server DC Core ALng SASU 2L Win Server Std Added at Signing SA Step Up 128 $ 246.80 $ 31,590.40 9EM-00270 Win Server Standard Core ALng SA 2L Added at Signing Software Assurance 208 $ 19.22 $ 3,997.76 Annual Total: $ 53,036.12
Enterprise Products
U4S-00002 O365 G1 GCC Sub Per User Non-Specific Monthly Subscriptions-VolumeLicense 150 $92.49 $ 13,873.50 AAD-34704 M365 G3 Unified FUSL GCC Sub Per User Non-Specific Monthly Subscriptions-VolumeLicense 520 $383.01 $ 199,165.20 Additional Products
MQN-00002 Azure Active Directory Premium P2 GCC SU AADP P1 Per User Non-Specific Step Up 100 $27.08 $ 2,708.00 4ES-00001 EOA Exchange Online GCC Sub Per User Non-Specific Monthly Subscriptions-VolumeLicense 150 $28.05 $ 4,207.50 7LT-00001 Exchange Online Protection GCC Sub Per User Non-Specific Monthly Subscriptions-VolumeLicense 10 $10.64 $ 106.40 M9T-00002 O365 Extra File Storage GCC Sub Add-on Extra Storage 1 GB Non-Specific Monthly Subscriptions-VolumeLicense 4000 $2.18 $ 8,720.00 7MS-00001 Project P3 GCC Sub Per User Non-Specific Monthly Subscriptions-VolumeLicense 10 $271.30 $ 2,713.00 NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on Non-Specific Monthly Subscriptions-VolumeLicense 520 $0.00 $ - 12 Month Total: $ 231,493.60
Year 1 Total: $ 284,529.72
Year 2 Total: $ 284,529.72
Year 3 Total: $ 284,529.72
3-Year Total: $ 853,589.16
Confidential. EA At Signing Thank you for the opportunity to quote.

Item 1N - Page 10

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT WITH ECS IMAGING, INC., FOR LASERFICHE LICENSING AND SUPPORT.

RECOMMENDATION:

Authorize a purchase with ECS Imaging, Inc. for an amount of $29,263.80 annually for a term of five-years for a total not to exceed amount of $160,946 which includes a 10% contingency for additional licenses.

1. 2. Authorize the City Manager to execute all necessary documents.

Attachments
Item 1O

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT WITH ECS IMAGING, INC., FOR LASERFICHE LICENSING AND SUPPORT
FROM: Scott C. Stiles, City Manager
BY: Information Technology Department
SUMMARY:

This action will authorize a cooperative purchase agreement with ECS Imaging, Inc. (ECS) for five years to provide licensing and support for the Laserfiche document management system.

RECOMMENDATION:

1. Authorize a cooperative purchase agreement with ECS Imaging, Inc. (Attachment A) for an amount of $29,263.80 annually for a term of five-years, for a total not to exceed amount of $160,946 which includes a 10% contingency for additional licenses.

2. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure from ECS Imaging, Inc. is included as Attachment B.

BACKGROUND:

In 2018, the City of Palm Springs entered a contract with ECS Imaging to implement the Laserfiche electronic document management system. This system has significantly improved the City's ability to store, organize, and retrieve documents, reducing reliance on physical paper files and enhancing collaboration and accessibility across departments.

Laserfiche works through a registered partner system to provide support and licensing renewals, and ECS Imaging currently acts as the City’s value-added reseller for Laserfiche Licensing.

Item 1O - Page 1
ECS Imaging has consistently demonstrated its expertise and commitment to delivering high-quality support and ensuring the City's Laserfiche document management system operates effectively. Their knowledgeable staff has promptly resolved issues, provided guidance to City staff, and kept the system up to date with the latest software upgrades and security patches. Their ability to manage the maintenance requirements has ensured optimal performance and reduced the risk of vulnerabilities. With the contract renewal, ECS Imaging will continue to proactively manage system maintenance, ensuring the longevity and security of the Laserfiche solution.

STAFF ANALYSIS:

In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, staff may utilize cooperative contracts that have been publicly procured by other agencies to meet the procurement requirements. Therefore, staff is recommending utilizing the National Cooperative Purchasing Alliance (NCPA) contract Number: 01-159 for this software which provides competitive pricing discounts.

Staff is recommending a cooperative purchase agreement with ECS Imaging, Inc. for an amount of $29,263.80 annually for a term of five-years, for a total not to exceed amount of $160,946 which includes a 10% contingency for additional licenses.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Principle, Forward Thinking Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025-50034 and will be budgeted in future fiscal years.

Item 1O - Page 2
REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Cooperative Purchase Agreement
B. Business Disclosure Form

Item 1O - Page 3

ATTACHMENT A

Item 1O - Page 4

COOPERATIVE PURCHASE FOR AGREEMENT NO. 23C143

LASERFICHE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM
This Cooperative Purchase of Laserfiche Electronic Document Management System (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and ECS Imaging, Inc., a California corporation (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited NCPA Contract No. 01-159 with ECS Imaging, Inc. (“Cooperative Agreement”). b. The City desires to obtain Laserfiche Document Management solution attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. Term. The term of this Agreement is 5 years beginning on the date provided in the Notice to Proceed for the City’s Procurement and Contracting Department

3. Compensation and Payment. This Agreement is for an amount not to exceed $160,946.00 which includes a 10% contingency for additional licenses, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

4. Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

5. Insurance. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required Attachment “C” will reflect that there are no requirements.

6. Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’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 (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its Item 1O - Page 5
officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’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.

7. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

IF TO THE CITY: IF TO THE CONTRACTOR:

City of Palm Springs ECS IMAGING, INC.

Attn: Scott Stiles Attn: William Wolfe
Title: City Manager Title: President/ CFO
Address: 3200 E. Tahquitz Canyon Way Address: 5905 Brockton Ave.

Palm Springs, CA 92262 Riverside, CA 92506
Phone: 760-323-8299 Phone: 877-790-1600
Fax: 760-322-8332

8. Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement.

9. Changes. In the event any change or changes in the work is requested by City, Parties shall execute a written 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 product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

10. Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor 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 receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be Item 1O - Page 6
entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon 30 days written notice to City.

11. Covenant Against Discrimination. In 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”). Contractor 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, 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 non-discrimination in city contracting.

12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “D” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

13. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[Signature Page Follows]
Item 1O - Page 7

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF LASERFICHE ELECTRONIC DOCUMENT MANAEMENT SYSTEM AGREEMENT NO. 23C143
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND ECS IMAGING, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, Monique Lomeli
City Attorney Interim City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1O - Page 8

ATTACHMENT A

SCOPE OF WORK
Item 1O - Page 9
Laura Wayman
323-241-8294
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506
Toll Free – (877) 790-1600
Phone: - (951) 787-8768
Fax - (951) 787-0831
www.ecsimaging.com
[email protected]

LASERFICHE RIO
Prepared for:

City of Palm Springs
Date Submitted: 5-24-2023
Submitted By: Laura Wayman
Item 1O - Page 10
ECS IMAGING, INC.

WORLD-CLASS SOLUTION PROVIDER
Solution Provider
P a g e 2 | 20

LASERFICHE RIO PROPOSAL
Table of Contents
PROJECT SUMMARY AND SCOPE OF WORK ...........................................................................................................3 ECS COMPANY BACKGROUND ...............................................................................................................................6 LASERFICHE QUALIFICATIONS ................................................................................................................................8 LASERFICHE RIO SOFTWARE PRODUCT DESCRIPTIONS ..........................................................................................9 ADDITIONAL PROPOSED LASERFICHE USER LICENSES / SOFTWARE MODULES.........................................................................11 DIGITAL SIGNATURE SOLUTION OPTIONS .........................................................................................................................13 HYBRID CLOUD SERVICES ..............................................................................................................................................13 SUPPORT AND MAINTENANCE............................................................................................................................. 14 TRAINING............................................................................................................................................................. 15 LASERFICHE RIO PRICELIST................................................................................................................................... 17 HYBRID CLOUD SERVICES ..............................................................................................................................................20 Item 1O - Page 11
ECS IMAGING, INC.

WORLO ·CLASS SOLUTIOH PROVIDER
P a g e 6 | 20

LASERFICHE RIO PROPOSAL
ECS Company Background
ECS Imaging has been in business for 31 years and has maintained the same mission since its inception; the customer comes first. With a strong leadership team delivering a consistent vision, ECS works to provide our customers with the highest quality service possible. Our mission of blending technology to meet business needs has been the foundation. ECS became a Laserfiche Solutions Provider in 1995 and has achieved top performance recognition consistently every year since. The company services our customer’s implementations from our Headquarters in Riverside, with Team members serving all of California.

ECS Imaging has the highest certification level possible as a PLATINUM Certified Laserfiche Solutions Provider and has continuously been ranked as the top Solutions Provider in the western United States for 26 consecutive years, and achieving the status of 3rd largest Laserfiche provider in the world since 2017. Our efforts are focused on helping organizations become more efficient by automating manual tasks and eliminating paper-based business processes. We specialize in providing local government innovative turn-key document management solutions with the award winning Laserfiche Enterprise Content Management Systems.

ECS Imaging is a full-service document management solutions provider offering a full range of turn-key services including:
▪ Laserfiche Software Installation and Consulting
▪ Project Management
▪ Systems Integration
▪ Cloud Migration Services
▪ Business Process Automation
▪ Data Conversion Services
▪ On-going Support of Software and Hardware
▪ Remote and On-Site Training and On-going Support
▪ Out-of-the-box Integrations and Custom Integrations with 3rd Party Applications ▪ Custom Documentation
▪ Scanning Services (including Large Maps, Microfilm, Microfiche conversion) ▪ Complimentary Quarterly User Group Workshops with Training ▪ Complimentary Annual Training Conferences (20 Years)
▪ Monthly Training Webinars
Our goal is helping organizations of all sizes improve business operations and increase productivity. We can help your organization: Eliminate Paper Based Processes, Automate Data and Information Collection, Secure Information from Unauthorized Use, Simplify and Secure the Management of Business Records, Meet Regulatory Compliance Needs, and more.

With the largest technology staff of any Laserfiche Solution Provider in the Western US, we have the expertise, experience, and proficiency to successfully install and support any size Laserfiche system for any type of business. We have implemented systems for individual departments, multiple departments, multiple locations, enterprise wide and nationwide. We are a local government specialist with over 130 City and 20 County Laserfiche implementations. We understand the industry compliance requirements for government and document management in general. Our targeted focus provides expert consultative Item 1O - Page 12
ECS IMAGING, INC.

WORLO ·CLASS SOLUTIOH PROVIDER
P a g e 7 | 20

LASERFICHE RIO PROPOSAL
knowledge shared to our entire customer base. Additionally, ECS provides a personal touch with a dedicated implementation, project management and customer success team assigned to your projects.

All ECS Executive, Sales and Technical staff attend training sessions on an annual basis.

Staying up-to-date and informed on the latest features and enhancements within Laserfiche and the Document Management Industry provides our clients with the best consulting and support services available. We are a PLATINUM Certified Laserfiche Solutions Provider and all ECS Technicians are Laserfiche certified. ECS Technical staff has completed over 200 Laserfiche Certifications collectively along with many network and database certifications. Our Team has the resources, experience, and expertise to manage and support any size project for any organization.

ECS has earned Winner’s Circle status consistently for over 20 years. Laserfiche Winners Circle is an exclusive annual event attended by the top Laserfiche Solution Providers in the world that demonstrate outstanding sales growth, extraordinary performance, and a commitment to exceptional customer service. ECS has ranked the top 3rd in the world for many years and the top provider in California since we started with Laserfiche in 1995. ECS is competently ranked as a PLATINUM level Laserfiche Solutions Provider.

How the ECS Team is here for you
Executive Team
✓ Key Stake Holders
✓ Ensuring (ARO) Accountability,
Responsibility, Ownership
✓ Leadership
Customer Success Team
✓ Main Point of Contact /Feedback
✓ User Experience and Success
✓ Coordination of Services
✓ Product Consulting
Project Management Team
✓ Projects for Business Process Improvements
✓ Automated Workflows & Forms Processes
✓ Laserfiche Integrations
✓ Training on Laserfiche solutions
Technical Support Team
✓ Technical Support
✓ Updates and Upgrades
✓ Server and Cloud Migrations
✓ Training on products
ECS Customer Commitment
ECS is committed to our customer’s success. By providing exceptional and consistent implementation, training, and consultative support services we can ensure that our customers have the tools and knowledge to successfully achieve their document management initiatives. This is reflected in the feedback we have received from our customers through over 90+ 5-Star Google Reviews Links to Google Reviews: Southern CA, and Customer Success Stories provide information on how ECS has helped many similar organizations.

Item 1O - Page 13
0 Laserf iche· WINNERS CIRCLE
Gold Level
Google
***** FIVE STAR

CUSTOMER RATING
ECS IMAGING, INC.

WORLO ·CLASS SOLUTIOH PROVIDER
P a g e 8 | 20

LASERFICHE RIO PROPOSAL
Laserfiche Qualifications
Laserfiche Leads in Local Government
▪ Laserfiche began in 1987 and is used by more than 40,000 customers worldwide ▪ Laserfiche has over 30 years of experience in the local government market and is used by thousands of government agencies worldwide including over 3,000 Cities and 1/3 of the Counties Nationwide
▪ Laserfiche is the enterprise content management (ECM) of choice for the majority of CDG’s top digital cities and counties
Laserfiche Enterprise Platform
Laserfiche Solution Highlights
▪ Automated Business Processing
▪ Mobile App
▪ Electronic Forms
▪ Electronic Signatures
▪ WebLink Public Portal
▪ Content Management
▪ Records Management
▪ Audit Trail & Reporting
▪ Redaction & OCR Built-in
▪ Desktop & Web - Clients/Admins
▪ Advanced Capture Tools
▪ Trusted Systems Compliance
▪ Laserfiche Cloud
Out of Box Integrations
▪ Microsoft Office & SharePoint
▪ Granicus
▪ DocuSign
▪ ESRI / GIS
▪ Email Archiving
▪ Tyler EnerGov
▪ Accela TruAutomation
▪ SAP
▪ And 100’s more using Connector
Laserfiche Awards and Recognition
Laserfiche has excelled at winning awards throughout its legacy since 1987. Here’s a few recent very accomplished accolades.
▪ Gartner Peer Insights - Laserfiche Named a 2020, 2021, 2022 Gartner Peer Insights Customers’ Choice for Content Services Platforms. The “Voice of the Customer” ▪ Laserfiche Named a 2021 Product of the Year Award Winner by Cloud Computing Magazine ▪ Gartner Peer Insights shows 95% would recommend Laserfiche and overall rating of 4.7 of 5. ▪ Nucleus Research Traditional old-style enterprise content management (ECM) was an inflexible product designed purely for document storage and simple retrieval. Today, modern ECM includes advanced technologies such as artificial intelligence (AI) and machine learning (ML) that automate business processes, improve data capture and classification, provide contextual search capabilities, and deliver information governance. The Nucleus Research ECM Technology Value Matrix 2018 reflects advances made this past year, evaluating vendors for functionality, usability, and the value that a vendor’s solution brings to the client.

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AWARDS
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Laserfiche Rio Software Product Descriptions
What You Get With Laserfiche Rio
Laserfiche Rio is the enterprise licensing model for Laserfiche and is targeted at organizations with large cross-functional implementations. The following features, plug-ins, and modules are included with the Laserfiche Rio System, you may already be using several of the software modules listed below.

1. Unlimited Servers and Repositories

2. Laserfiche Web Access Client

3. Laserfiche Mobile

4. Laserfiche Workflow

5. Laserfiche Forms Essentials

6. Laserfiche Advanced Audit Trail

7. Laserfiche Digital Signatures

8. Laserfiche Discussions

9. Laserfiche Federated Search

10. Laserfiche Distributed Computing Cluster

11. Laserfiche Directory Server

12. Email and Snapshot

13. MS Office and SharePoint Integration

14. Laserfiche Web Administration Console

1. Laserfiche Server is an extremely efficient and robust application that creates a very small network footprint yet can scale to support thousands of users, multiple databases, and an abundance of information. Unlimited repositories and servers provides for development, testing, staging, and production environments. Includes a built-in OCR engine for text searching. Repository - Your repository allows information to be organized and accessible from a central location. When you log in to Laserfiche, you are logging in to your repository, and when you save a document in Laserfiche, or modify a document, or rearrange folders, or make any other changes, those changes are saved to your repository.

Information stored in your repository includes your documents and their contents, as well as folders and shortcuts. It also includes annotations, metadata, the folder structure itself, and additional information such as security settings, users and groups, and so on.

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2. Laserfiche Client - Laserfiche offers both a web client and a desktop client. With the Web Access Client, staff can search, retrieve, and work on documents within the Laserfiche repository through their web browser (intranet or internet).

3. Laserfiche Mobile - The Laserfiche mobile app allows you to capture, upload, and securely access and work with documents in and outside your Laserfiche repository. Users can download the Mobile app from Google Play, iTunes App Store, or Windows.

4. Laserfiche Workflow - Workflow is a powerful business process automation tool that improves productivity, provides rule-based routing, email notifications, activity monitoring and built-in reporting.

5. Laserfiche Forms Essentials - Forms Essentials offers the core features including mapping out processes, designing forms, and basic reporting capabilities. ▪ Build Forms and business processes
▪ View an operational dashboard to quickly and easily view information on a process ▪ View reports on process instances, tasks, and process data ▪ Organize and route tasks to other users
▪ Direct approval through email

6. Laserfiche Advanced Audit Trail - Audit Trail enables you to track all activities performed in a Laserfiche repository. Track all actions in the system from Log-in to Log-off. The tracked information is stored in log files that Audit Trail uses to generate reports. Combined with other aspects of the Laserfiche system, auditing not only helps to show compliance with legal regulations, but also contributes to the security of the Laserfiche repository. Laserfiche Audit Trail Reporting is a Web application that enables you to view, filter, and export audit data stored in binary log files. You can create reports to analyze audit data, view the information as a chart, filter it to include only the information relevant to you, and export the data for use in spreadsheet programs such as Microsoft Excel. You can also save reports for future use.

7. Laserfiche Digital Signatures - Digital Signatures gives users the ability to automatically sign and validate documents as they are created, reviewed and archived without leaving the Laserfiche environment. Digital signatures are a form of electronic signatures that act like a digital notary to your electronic assets, allowing you to verify the condition of your documents for the duration of their lifecycle.

8. Laserfiche Discussions - Laserfiche Discussions is an internal website where users can collaborate, share ideas, and learn. Users can start discussions or ask questions for the entire user community, or they can create content within organization wide or private groups.

9. Laserfiche Federated Search - Laserfiche Federated Search is a web application that allows you to perform searches across multiple repositories at the same time. Administrators can configure Federated Search to search across any or all of the repositories at their site, including repositories that are not hosted on the same Laserfiche Server. This allows users who work in multiple repositories, or who are not sure which repository stores a particular piece of information, to quickly find documents in any repository.

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10. Distributed Computing Cluster - Distributed Computing Cluster allows you to distribute the processing work for Laserfiche applications like Workflow and Web Access onto one or more machines dedicated to performing that work. As a result, Laserfiche applications are able to add features that require significant resources without increased load on the server.

11. Laserfiche Directory Server - Laserfiche Directory Server is a license management server for Laserfiche Rio. With Laserfiche Rio, you will administer your licenses using the Directory Server application, which allows you to generate individual application licenses, allocate your named users, and otherwise manage your installation.

12. Laserfiche Email - Allows users to send documents stored in the Laserfiche repository to internal and external recipients. Laserfiche Snapshot - Converts electronic documents into TIFF images and imports them into your digital repository.

13. MS Office Integration - Office Integration is a Laserfiche component that allows users to take advantage of Laserfiche features when working with Microsoft Word documents, Excel spreadsheets, PowerPoint presentations, and Outlook messages in their native Microsoft Office applications. With Office Integration, you can quickly save files to Laserfiche directly from Office applications, update Office documents already in your repository. SharePoint Integration - With the Laserfiche and SharePoint Integration components included with Laserfiche Web Access, documents can be easily accessed from Microsoft® SharePoint®. List any part of your Laserfiche repository on a SharePoint page. Scan directly to a Laserfiche folder, right from your SharePoint site. Retrieve Laserfiche documents or folders using the SharePoint search box.

14. Laserfiche Web Administration Console - The Laserfiche Web Administration Console is an administrative tool that provides secure access to your Laserfiche repository for authorized users via an Internet browser. Administrators can work in their repositories from anywhere, including remote sites, client computers, and even mobile devices, easily and securely.

Additional Proposed Laserfiche User Licenses / Software Modules ☐ Laserfiche Forms Professional - Provides full access to all functionality within Forms for all the Rio named users. Build web forms in minutes. Laserfiche Forms allows you to easily and quickly create electronic fillable forms with simple drag and drop that can be published on intranets or public websites with no coding or scripting required. Capture information and process it quickly to ensure information is accessible to authorized employees throughout your organization. Laserfiche Forms Professional provides: Database lookups, Performance Dashboard, Enhanced Reporting including charts and graphs, Multiple Payment Gateways, and Geotagging.
☐ Laserfiche Forms Portal - Extends the functionality of your Laserfiche Forms application to publicly available forms that can be completed and submitted online anonymously, meaning users do not need to login in order to complete and submit a form.

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☐ Authenticated Participants (Approver) User Licenses: limited functionality users can submit forms, start processes, approve forms, and complete user tasks, users can login with the email address assigned to the license.
☐ Community User Licenses: function as Authenticated participant license, and provides read-only access to Laserfiche repository.
☐ Laserfiche Quick Fields - Quick Fields is highly customizable data capture solution that automatically captures your critical information from paper, electronic documents, and databases then organizes it for fast retrieval. By automatically capturing the data you need, Quick Fields can reduce or eliminate the need for manual data entry, which is labor-intensive and error-prone. Quick Fields options include:
☐ Quick Fields
Basic:
▪ Real-Time
Lookup
▪ Pattern Matching
▪ Bar Code Plug-In
☐ Quick Fields
Core:
▪ QF Basic
▪ Zone OCR
▪ Real-Time Lookup
▪ Pattern Matching
▪ Bar Code Plug-In
☐ Quick Fields
Classify:
▪ QF Core
▪ Document
Classification
▪ Zone OCR
▪ Real-Time Lookup
▪ Pattern Matching
▪ Bar Code Plug-In
☐ Quick Fields
Context:
▪ QF Context
▪ Forms Processing
▪ Bates Numbering
▪ Zone OCR
▪ Real-Time Lookup
▪ Pattern Matching
▪ Bar Code Plug-In
☐ Quick Fields
Complete:
▪ QF Context
▪ Document
Classification
▪ Forms Processing
▪ Bates Numbering
▪ Zone OCR
▪ Real-Time Lookup
▪ Pattern Matching
▪ Bar Code Plug-In
The above bundles are per workstation based unless the QF Agent is added. ☐ Laserfiche Quick Fields Agent - Quick Fields Agent allows you to schedule Quick Fields sessions and have them run unattended. By scheduling when document processing occurs, your organization can use network resources at non-peak hours. Quick Fields Agent keeps track of all scheduled sessions and reports on the results of schedules that have run.
☐ Laserfiche Import Agent - Import Agent can automatically retrieve files stored in a Windows folder and import them into a Laserfiche repository allowing numerous image capture devices (multi-function copier/scanners, network fax server, etc.) to work with Laserfiche. Automatically assign user-defined document templates, auto-populate index fields and create unique document names. You can also schedule Import Agent to import documents during off-peak hours. ✓ Laserfiche Weblink Public Portal - WebLink is a user-friendly public portal site for providing customizable external access to Laserfiche documents in read-only format. The Laserfiche WebLink Designer allows you to customize the look and feel of pages, configure navigation elements, and add links to custom searches or folders.
☐ Laserfiche Connector - Integrate Laserfiche with third party software applications in minutes without programming. Laserfiche Connector provides a streamlined experience for integrating Laserfiche with line of business applications such as CRM and ERP systems. Laserfiche Connector integrates easily through user-defined hotkeys and embedded icons.

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✓ Laserfiche Toolkit (SDK) - The SDK (Software Development Kit) allows your organization to more effectively put content to use by integrating Laserfiche with third party applications. Custom solutions can be created using any language with COM support, which means Web sites, scripts, Windows applications, or anything else compatible with COM libraries, including all .NET languages, can easily communicate with the Laserfiche Server. The SDK comes with detailed documentation that includes tutorials and sample source code in C# and Visual Basic .NET. ☐ Laserfiche Records Management - Laserfiche Records Management simplifies the life cycle management of business records and supports the automatic enforcement of consistent, organizationwide records policies and reduces the cost of regulatory compliance. Records Management is DoD 5012.2 compliant
☐ Laserfiche ScanConnect - ScanConnect enables you to use ISIS scanning drivers. A collection of ISIS drivers are included with ScanConnect, enabling you to scan using supported scanners. A list of supported scanners can be found on the Laserfiche Support Site. If your scanner is not listed, you can manually install any ISIS drivers your scanner's manufacturer has provided. ☐ Integrated Solution –
Digital Signature Solution Options
☐ OneSpan Digital Signatures - OneSpan Sign for Laserfiche includes integrations into both the Web Client and Workflow applications within the Laserfiche Platform. Within the Web Client, OneSpan Sign is fully embedded, enabling you to prepare, manage, and send documents directly form Laserfiche. Within the Workflow application, using the OneSpan Sign workflow activities, you can add OneSpan Sign electronic signature capabilities within new and existing workflow processes. With both integrations, esigned documents and the audit trail are automatically saved back to Laserfiche after the signature process is complete.
☐ Adobe Sign –This integration is for self-hosted customers, and can be accessed through the Laserfiche Business Process Library. With this integration, Laserfiche can make requests for digital signatures using Adobe Sign as part of a built-in step for any automated process. ☐ DocuSign - The Laserfiche Integration with DocuSign enables users to initiate a signing process from within Laserfiche Web Access.

Hybrid Cloud Services
☐ Direct Share, which enables organizations to share content securely with people outside the organization with password-protected links that can be tracked and audited in Laserfiche.

Laserfiche direct share lets you share content from the Laserfiche repository with external users through the web client or mobile app. When you send documents through direct share, the recipient will receive a unique and anonymous URL they can use to access the files for a limited period of time. You can add a Item 1O - Page 19
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password, and specify the number of days until the URL expires. The sender will receive notifications when the content was viewed, and they or a repository administrator can see the status of who shared it, with whom, and if and when it was accessed.
☐ Smart Invoice Capture profile is a pre-configured profile that uses machine learning to automatically capture data on any invoice, specifically the invoice date, invoice number, purchase order number, and total amount due. Similar to custom capture profiles, the Run Capture Profile Workflow activity runs this smart profile and outputs tokens for the captured data to be used later in the workflow. This activity can also retrieve information from a vendor lookup table to automatically retrieve vendor information from invoices.
☐ Laserfiche Workflow Bots, use robotic process automation technology to let you easily configure software bots to automate repetitive, routine work between multiple systems. These bots work directly across application user interfaces, mimicking the actions a person would perform, including signing in and out of applications, copying and pasting data, and filling out forms. By automating these timeconsuming, uninteresting tasks, users have more time to focus on more important matters. ☐ CRM Integrations: Push and pull information without coding between Salesforce, Redtail or Microsoft Dynamics 365 and Laserfiche to better maintain data accuracy and consistency for sales and marketing processes.
☐ Ellucian Banner Integration through Ethos: Seamlessly exchange student personal information and course information between Laserfiche and Banner SIS to support use cases such as student registrar forms processing, student information update requests and changing majors/minors.

Support and Maintenance
✓ Laserfiche Support Assurance Plan (LSAP) is an integral part of keeping your software up to date and ensuring that you have access to all of the latest features and functionality the software has to offer.

The Laserfiche Software Assurance Basic Plan includes the following:
▪ Unlimited telephone support through your authorized reseller ▪ Free copies of Software Version Updates.
▪ All the latest hotfixes, updates and patches to keep your system running at peak efficiency. ▪ 24/7 access to the Laserfiche Support Site and Laserfiche Answers. ▪ Comprehensive training opportunities are available including quarterly Regional Training and the annual Laserfiche Institute Conference
▪ 100% of the purchase price of your current Laserfiche software can be credited to any new product purchase.
☐ ECS GOLD Priority Support is an optional support plan to the basic Laserfiche Software Assurance Plan (LSAP). Where LSAP offers a response time within 24 hours, ECS GOLD Priority Support responds promptly to our client’s needs and concerns. Our experienced tech team will respond within 4 hours of our client’s call. Most calls are answered immediately and resolved within the same business day. Also Item 1O - Page 20
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includes admission to our complimentary quarterly user group workshops and the ECS Annual Customer Conference (TRANSFORM).

ECS GOLD Priority Support Plan includes a Toll-Free number with Unlimited Priority Phone Support with a 4- hour response time. Additional support avenues include a dedicated support email account ([email protected]), and Website with download/upload capabilities. We also offer Remote Desktop Assistance.

ECS GOLD Priority Support is offered for on-site and remote technical assistance. Hours can be used for configuring workflows, forms, integrations, training, remedial support, additional consulting requirements, or for version upgrades/releases of the software. Support hours are 7:30 am – 5:00 pm, Monday – Friday PST excluding major holidays. All support will be provided through ECS Imaging, Inc. directly.

Each customer maintains an experienced Customer Success Manager dedicated to your current and future needs. Your Customer Success Manager helps coordinate training and on-site visits, provides consultative advice to the project not only at the beginning, but also for planning out future requirements. This level of care ensures a smooth implementation and guarantees that our client’s expectations are met and exceeded always.

Training
Training can be provided onsite or remote by certified ECS trainers using the installed system, and can be scheduled for individuals or groups according to their role. Training sessions are developed and tailored specifically to our customer’s requirements. Training can be provided for new installations, new users, refresher training, updated features and functionality, additional software modules, etc. Below is an overview of the typical types of training we offer:

On-Site End-User Training
This hands-on or group training is for users who have never used Laserfiche before. Some of the topics covered in this training are: Annotations, Customizing the Document Viewer, Document Metadata, Using the Folder Browser, Working with Electronic Documents, Searching, Importing Documents, Exporting and Printing Documents, Snapshot
On-Site Administrator Training
System Administrator Training begins with a comprehensive overview of the Laserfiche System. As a Training Outline, they will be learning: Template Creation and modification, folder design concepts, Laserfiche security setup and administration, database backup, other miscellaneous tips and tricks for the Laserfiche System Administrator, volume management, other Laserfiche products/plug-ins, most common Laserfiche problems and how to resolve them.

On-Site Power-User Training
▪ Laserfiche Workflow Admin Training
▪ Laserfiche Forms Training
▪ Laserfiche Quick Fields Training
▪ Laserfiche Audit Trail Training
▪ Laserfiche Records Management Training
▪ Integration Training SDK / LF Connector
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ECS Ongoing Complimentary Training
We believe in providing continued added value to our clients in an ongoing basis and assisting them in utilizing the solutions we provide to the maximum potential. That is why we offer complimentary training opportunities throughout the year to provide added value to your Laserfiche investment. ECS offers Monthly Training webinars to keep our customers up to date on the latest releases, features and industry insights. Additionally, our Annual Training Conference with multiple days of content and industry insights occurs in the fall for the last 20 years. Training Webinars and the ECS Annual Conference are provided at no cost to ECS customers.

Laserfiche Empower Annual Conference in Long Beach, CA
The Laserfiche Empower Conference provides an added value for a week long training event with hundreds of classes available for all knowledge levels. The Conference is scheduled for February 2022 and will be entirely virtual.

Laserfiche Online Training and Support Options
▪ Laserfiche Support Site - https://support.laserfiche.com ▪ Laserfiche Answers - https://answers.laserfiche.com
▪ Laserfiche User Manuals - https://support.laserfiche.com/kb/1012253/current-online-laserficheproduct-help-files ▪ Laserfiche Video Gallery - https://support.laserfiche.com/gallery/#/list#%2Flist ▪ Laserfiche Aspire – Learning Resources - https://support.laserfiche.com (Login is required) ▪ Laserfiche Certified Professional Program (CPP) - https://www.laserfiche.com/supportlearn/certification (Login is required) Optional Online Training Opportunities
Self-Guided Online Training - Laserfiche offers a Certified Professional Program (CPP) with online courses designed to provide users with step-by-step training on setting up, using and optimizing Laserfiche software. These self-guided online training courses are available on the Laserfiche Support site. The first course (ECM 101) is available at no cost and is recommended for anyone new to Laserfiche. Additional courses are offered at a cost of $150 per course and provide detailed information to help users maximize the value of their Laserfiche investment. Certification includes a self-paced online exam, if users do not pass the exam on the first attempt, they can take it a second time at no additional cost. ▪ Gold Certification – Learn how to capture, process and store content with Laserfiche. This program provides eight e-learning courses and exams to certify customers and solution providers on installing, configuring and managing Laserfiche solutions. ▪ Platinum Certification - Become the ultimate power-user as you configure and troubleshoot robust Laserfiche systems. This program builds on the Gold Certification by providing five additional e-learning courses and exams that focus on advanced Laserfiche security, workflow, records management and more.

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ATTACHMENT B

QUOTE / PRICING

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Project Summary and Scope of Work
The Total Cost with the NCPA Contract Discount of 3.1% for 5 year term: $146,319 Year 1 Cost:

Year 2 Cost:

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Products and Services
SKU Description Unit Pnce Quantity Line Total
ENFPL50B Laserfi che Ri o Pilot Named Full Users (50-99 users) LSAP s 19 4.00 75 s 14,550 .00 EPL52B Laserfi che Ri o Public Portal for 2 Laserfiche Servers LSAP s 10,000.00 1 s 10,000.00 TKB Laserfi che SOK Toolkit LSAP s 750 .00 1 s 750 .00
ECSGOLD ECS GOLD Pri ority Support s 175.00 28 s 4,.900.00 Subtotal s 30,200.00
Sp ecial T enns
This is an estimate of the annual renewal with Laserfiche NCPA contract discount pricing has been applied to the Annual LSAP cost. This quote shows the cost to reduce the ECS Gold priority support to 28 hours annually Subtotal $
Tax Rat e Softw are On ly (Download Only) 0.00% Tax $
Shipping $
Discount s Bil lingTerms Total
•Hardware, Software, Majnrenance, Gold Hours & Proi e.crs billed 10096 ar proi ecr starr. •Services bjt[ed 50!16 up front minimally w/ remaining Services as incurred." •standard Processing fee added to credh card pay men rs_ n Products and Services
s
30, 200.00
936.20
29,263.80
SKU Description Unit Pnce Quantity Line Total
ENFPL50B Laserfi che Ri o Pilot Named Full Users (50-99 users) LSAP s 19 4.00 75 s 14,550 .00 EPL52B Laserfi che Ri o Public Portal for 2 Laserfi che Servers LSAP s 10,000.00 1 s 10,000.00 TKB Laserfi che SOK Toolkit LSAP s 750.00 1 s 750 .00
ECSGOLD ECS GOLD Pri ority Support s 175.00 28 s 4,900.00 Subtotal s 30,200.00
Special Tams
This is an estimate of the annual renewal with Laserfiche NCPA contract discount pricing has been applied to the Annual LSAP cost. This quote shows the cost to reduce the ECS Gold priority support to 28 hours annually Subtotal $
Tax Rat e Softw are On ly (Download Only) 0.00% Tax $
Shipping $
Discount s Bill ingTerms Total
•Hardware, Software,, Maintenance, Gold Hours & Proi e r:: ts billed 10096 a t proi ec t srarr_ *Services billed 50 96 up front minimally w/ remaining Services as incurred." •s.tandard Pro cessing fee added to credit card paymen ts.." s
30, 200.0D
936.20
29,263.80
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Pricing Continued
Year 3 Cost:

Year 4 Cost:

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Products and Services
SKU Descnption Unit Pnoe Quantity Line Total
ENFPL50B Laserfi che Ri o Pi lot Named Full Users (50.99 users) LSAP s 194.00 75 s 14,550 .00 EPLS2B Laserfic he Ri o Public Portal for 2 Laserfiche Servers LSAP s 10,000.00 1 s 10,000.00 TKB Laserfi che SDK Toolkit LSAP s 750.00 1 s 750.00
ECSGOLD ECS GOLD Pri ority Support s 175.00 28 s 4,900.00 Subtotal $ 30,200.00
SP"Cial Terms
This is an estimate of the annual renewal with Laserfiche NCPA contract discount pricing has been applied to the Annual LSAP cost. This quote shows the cost to reduce the ECS Gold priority support to 28 hours annually Subtotal s
Tax Rate Software On ly (Download On ly) 0.00% Tax s
Shipping s
Discount $
BillingTerms Total
•Hardware, Software, M ajnrenance, Gold Ho urs & Proi e c:ts billed 10096at pro;"ecr start_ •Services billed 5096 up front minimally w/ remaining Services as incurred_" •standard Processing fee added to credit card payments." Products and Services
$
30, 200.00
936.20
29,263.80
SKU Descnption Unit Pnce Quantity Line Total
ENFPL50B Laserfi che Rio Pi lot Named Full Users (5°"99 users) LSAP s 194.00 75 s 14,550 .00 EPLS2B Laserfiche Ri o Public Portal for 2 Laserfiche Servers LSAP s 10,000.00 1 s 10,000.00 TKB Laserfi che SDK Toolkit LSAP s 750 .00 1 s 750 .00
ECSGOLD ECS GOLD Pri ority Support s 175.00 28 s 4,9 00.00 Subtotal $ 30,200.00
Spec isl T e:rrns
This is an estimate of the annual renewal with Laserfi che NCPA contract discount pricing has been applied to the Annual LSAP cost. This quote shows the cost to reduce the ECS Gold priority support to 28 hours annually Subtotal s
Tax Rate Software On ly (Dow nload On ly) 0.00% Tax s
Shipping s
Discount $
Billi ng Terms Total
•Hardware, Software, M.afrl tenance, Gold Ho urs & Proi ecrs bflled 10096ar proi ecr sra rr. •Services billed 5096 up front minimally w/ remaining Services as inc urred.,. *Srandard Processing Jee added ro credir card pay men rs.. ,. $
30, 200.00
936.20
29, 263.80
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Pricing Continued
Year 5 Cost:

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Laserfiche Rio List Price *NCPA Contract Discounts Pricing by 3.1% Product Description User Count Code Software Cost
1 st Year Only
Annual Support
& Maintenance
User Types
Laserfiche Rio Named Full User
Includes:

Unlimited Laserfiche Servers and Repositories
Laserfiche Workflow
Laserfiche Forms Essentials
Laserfiche App
Laserfiche Web Client
Laserfiche Advanced Audit Trail
Laserfiche Snapshot
Laserfiche Integration with Microsoft Office and
Microsoft SharePoint
Web Administration Console
Laserfiche Digital Signatures
25-49
ENF
$ 1,035.00 $ 207.00
50-99 $ 970.00 $ 194.00
100-199 $ 805.00 $ 161.00
200-499 $ 660.00 $ 132.00
500-999 $ 500.00 $ 100.00
1,000-1,499 $ 400.00 $ 80.00
1,500-1,999 $ 350.00 $ 70.00
2,000-2,999 $ 300.00 $ 60.00
3,000-3,999 $ 260.00 $ 52.00
4,000-4,999 $ 230.00 $ 46.00
5,000-5,999 $ 200.00 $ 24.00
6,000-6,999 $ 190.00 $ 38.00
7,000-7,999 $ 180.00 $ 36.00
8,000-8,999 $ 170.00 $ 34.00
9,000-9,999 $ 160.00 $ 32.00
10,000-19,999 $ 150.00 $ 30.00
20,000-29,999 $ 135.00 $ 27.00
30,000-39,999 $ 120.00 $ 24.00
40,000-49,999 $ 110.00 $ 22.00
50,000+ $ 100.00 $ 20.00
Laserfiche Rio Participant User
Provides read-only repository access and the
ability to participate in forms processes. Can only
be allocated to a single user. Requires Laserfiche
Directory Server.
10-49
EPAR
$ 350.00 $ 70.00
50-199 $ 290.00 $ 58.00
200-499 $ 249.00 $ 49.80
500-999 $ 220.00 $ 44.00
1,000-1,999 $ 156.00 $ 31.20
2,000-2,999 $ 138.00 $ 27.60
3,000-4,999 $ 132.00 $ 26.40
5,000+ $ 126.00 $ 25.20
Additional System Components
Product Description Code Software Cost
1 st Year Only
Annual Support
& Maintenance
Forms Tool
Laserfiche Forms Professional
Form creation, submission, and ability to participate in routing for all Laserfiche Rio Named Full Users.

EFRM 10% add-on to all Laserfiche Rio
Named Full Users
Governance Tool
Laserfiche Records Management Edition
Laserfiche Records Management Edition is DoD 5015.2 certified. ERM 10% add-on to all Laserfiche Rio
Named Full Users, Rio Participant
Users, and Rio Retrieval Users
Integration Tool
Laserfiche Connector ECNC 5% add-on to all Laserfiche Rio Named Full Users
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Server Add-ons
Licensed per server.

Product Description Code Software Cost
1 st Year Only
Annual Support
& Maintenance
Portal Add-ons
Laserfiche Pilot Public Portal
Includes 25 concurrent retrieval connections through Laserfiche WebLink. Licensed for one Laserfiche server.

PPM25 $ 25,000.00 $ 5,000.00
Rio Public Portal for One Laserfiche Server
Includes unlimited concurrent retrieval connections through Laserfiche WebLink. Licensed for one Laserfiche server.

EPLS1 $ 45,000.00 $ 9,000.00
Rio Public Portal for Two Laserfiche Servers
Includes unlimited concurrent retrieval connections through Laserfiche WebLink. Licensed for two Laserfiche servers.

EPLS2 $ 50,000.00 $ 10,000.00
Rio Public Portal for Unlimited Laserfiche Servers
Includes unlimited concurrent retrieval connections through Laserfiche WebLink. There is no limit to the number of Laserfiche servers that can be licensed with this product.

EPLSX $ 75,000.00 $ 15,000.00
Laserfiche Forms Portal
Requires Laserfiche Forms Essentials.

Allows form submissions from unlicensed (anonymous) users. Licensed for one Laserfiche Forms Server.

EPFRM $ 7,995.00 $ 1,599.00
Laserfiche Forms Enterprise Portal
Requires Laserfiche Forms Essentials.

Allows form submissions from unlicensed (anonymous) users. Licensed for an unlimited number of Laserfiche Forms Servers.

EPXFRM $ 24,000.00 $ 4,800.00
Integration Tool
Laserfiche Software Development Kit (SDK) TK $ 2,500.00 $ 750.00 Desktop Add-ons
Licensed per desktop.

Product Description Code Software Cost
1 st Year Only
Annual Support
& Maintenance
Capture Tools
Laserfiche Quick Fields QC $ 595.00 $ 120.00
Laserfiche Quick Fields Basic
Quick Fields and Validation packages for Barcode and Real-Time Lookup.

QC4 $ 2,500.00 $ 500.00
Laserfiche Quick Fields Core
Quick Fields, Quick Fields Scripting Kit and Validation packages for Barcode, Real-Time Lookup and Zone OCR.

QC1 $ 5,000.00 $ 1,000.00
Laserfiche Quick Fields Classify
Quick Fields Core package plus Document Classification.

QC2
$ 7,500.00 $ 1,500.00
Laserfiche Quick Fields Context
Quick Fields Core package plus Forms Alignment, Forms Identification, Forms Extractor, Optical Mark Recognition and Auto Stamp, Redaction, and Bates Numbering.

QC3 $ 10,000.00 $ 2,000.00
Laserfiche Quick Fields Complete
Quick Fields Context package plus Document Classification. QCX $ 15,000.00 $ 3,000.00 Laserfiche Quick Fields Agent QFA $ 10,000.00 $ 2,000.00 Laserfiche Auto Stamp, Redaction, and Bates Numbering
Available for customers upgrading to Rio. QC6 $ 500.00 $ 100.00 Item 1O - Page 28
ECS IMAGING, INC.

WORLO ·CLASS SOLUTIOH PROVIDER
P a g e 19 | 20

LASERFICHE RIO PROPOSAL
Laserfiche Document Classification
Available for customers upgrading to Rio. QC9 $ 5,000.00 $ 1,000.00 Laserfiche Import Agent IA $ 1,500.00 $ 300.00
Scanner Driver
Laserfiche ScanConnect SCX1 $ 0.00 $ 100.00
Laserfiche Rio Integrations
Product Description Code Software
Cost
Annual Support and
Maintenance
Laserfiche for Ricoh MFD ERC $400.00 $80.00
Laserfiche Connector for Samsung ESMC $400.00 $80.00
Keyed Integrator's License for Accela Integration EACLA $0 $3,000.00 Keyed Integrator's License for EnerGov Integration EENERGOV $0 $3,000.00 Keyed Integrator's License for SmartGov Integration ESMTGOV $0 $3,000.00 Laserfiche Integration with DocuSign EDCSI $0 $300.00
Laserfiche Integration with Laser App ELASR $0 $300.00
Enterprise Identity Management
Up to 500
JEIM
$0 $12,000.00
Up to 2,500 $0 $25,000.00
Up to 10,000 $0 $40,000.00
10,000+ $0 $48,000.00
Laserfiche Subscription Add-ons
The following Subscription-based user licensing can be combined with a Laserfiche Rio on-premises system.

Subscription Users for Forms Participation. Quantities area able to fluctuate from year to year.

Description Quantity Code Annual Cost
Forms Participant Users: Participant user licenses allow you to view documents in the Laserfiche repository and authenticate to Laserfiche Forms to start processes and perform user tasks.

Laserfiche Forms Participant Users (Forms &
Retrievals)
10-199
JSPAR
$110.00
200-499 $55.00
500-999 $38.00
1,000+ $28.00
Community Users: Provides read-only repository access and the ability to participate in forms processes. For individuals not employed by the Licensee. Community users may not be used by Licensee’s employees, contractors, or consultants.

Laserfiche Community Users (Forms & Retrieval)
Block of 500
JSCOMM
$10,670.00
Block of 1,000 $16,000.00
Block of 2,000 $21,350.00
Block of 5,000 $32,000.00
Block of 10,000 $42,650.00
Block of 25,000 $53,350.00
Education Users: Provides read-only repository access and the ability to participate in forms processes. For Qualified Educational Intuitions
Laserfiche Education Users (Forms & Retrieval)
Block of 2,000

JSEDCOM
$10,675.00
Block of 5,000 $16,000.00
Block of 10,000 $21,325.00
Block of 25,000 $26,675.00
Optional Subscription based Modules Annual Cost
Laserfiche Subscription Weblink (25 concurrent users) JPPM25 $12,130.00 Item 1O - Page 29
ECS IMAGING, INC.

WORLO ·CLASS SOLUTIOH PROVIDER
I I
P a g e 20 | 20

LASERFICHE RIO PROPOSAL
Laserfiche Subscription Weblink (50 concurrent users) JPPM50 $16,200.00 Laserfiche Subscription Weblink (100 concurrent users) JPPM100 $20,800.00 Laserfiche Subscription Weblink (unlimited users) JPPMX $26,200.00 Laserfiche Subscription Forms Portal JEPFRM $3,880.00
Laserfiche Subscription ScanConnect JSCO1 $90
Laserfiche Subscription ScanConnect 5-Pack JSC05 $330
Laserfiche Subscription ScanConnect 10-Pack JSC10 $450
Hybrid Cloud Services
Requires Laserfiche version 11 or later
Product Description Code Cost Licensing Metric
Laserfiche Hybrid Direct Share JSHDS $ 7,500.00 Account Laserfiche Hybrid
Smart Invoice Capture
Up to 10,000
JSHISC
$ 6,000.00 Invoices per year
Up to 20,000 $ 9,996.00 Invoices per year
Up to 50,000 $ 19,980.00 Invoices per year
Up to 100,000 $ 34,980.00 Invoices per year
Up to 250,000 $ 57,996.00 Invoices per year
Laserfiche Hybrid Workflow Bots JSHRPA $ 5,000.00 Bot
Laserfiche Hybrid Integration with Ellucian
Banner Ethos CLELU $ 11,500.00 Account
Laserfiche Hybrid Integration with
Salesforce EHDSF $ 300.00 Account
Laserfiche Hybrid Integration with Redtail EHRT $ 300.00 Account Laserfiche Hybrid Integration with
Microsoft Dynamics CRM EHMCRM $300.00 Account
OneSpan eSignature
Product Description SKU Unit Price
OneSpan eSignature, Annual Transactions 1,000 - 4,999 OS-IE 1,000 $3.84 OneSpan eSignature, Annual Transactions 5,000 - 9,999 OS-IE 5,000 $3.14 OneSpan eSignature, Annual Transactions 10k - 24,999 OS-IE 10,000 $2.52 OneSpan eSignature, Annual Transactions 25k - 49,999 OS-IE 25,000 $1.85 OneSpan eSignature, Annual Transactions 50k - 99,999 OS-IE 50,000 $1.68 OneSpan eSignature, Annual Transactions 100k - 249,999 OS-IE 100,000 $1.19 OneSpan eSignature, Annual Transactions 250k - 499,999 OS-IE 250,000 $0.91 OneSpan eSignature, Annual Transactions 500k - 999,999 OS-IE 500,000 $0.70 Item 1O - Page 30
ECS IMAGING, INC.

WORLO ·CLASS SOLUTIOH PROVIDER
I I
I I

ATTACHMENT C

INSURANCE REQUIREMENTS

1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant’s performance under this Agreement.

Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Consultant shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of Services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

A. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
C. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
_____X____ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Consultant’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item 1O - Page 31

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant’s Services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant’s Services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The 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.

C. "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 representative" is not acceptable and must be crossed out.

D. 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.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

Item 1O - Page 32
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. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or Services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions.

Item 1O - Page 33

ATTACHMENT D
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1O - Page 34

ATTACHMENT B
Item 1O - Page 35
Item 1O - Page 36

1. 2.

3. No
4 .

5. Name of Entity
ECS Imaging

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
5905 Brockton Ave
Riverside Ca 92506
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? F Yes F No Type of Entity
Corporation
F Corporation A..imited Liability Company F Partnership F Trust F Other (please specify)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1O - Page 37

7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

Debbi Bodewin 100%, ECS Imaging, Inc.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title
Julie Troccoli
Date
Accounting Clerk
3/23
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

ADOPT THE CITY’S FISCAL YEAR 2023-24 INVESTMENT POLICY GOVERNING

THE INVESTMENT OF CITY FUNDS
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INVESTMENT

POLICY GOVERNING THE INVESTMENT OF CITY FUNDS AND
SUPERCEDING RESOLUTION NO. 25023.”

1. Delegate the City Council’s authority to invest and reinvest public funds and to sell or exchange securities so purchased, to the City Treasurer for one year or until earlier revoked by the City Council.

2. Attachments
Item 1P

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: ADOPT THE CITY’S FISCAL YEAR 2023-24 INVESTMENT POLICY

GOVERNING THE INVESTMENT OF CITY FUNDS
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:

Government Code 53646(1)(2) provides for the City Council’s annual consideration of the City’s Investment Policy at a public meeting. Additionally, the City Council may elect to delegate its authority to invest and reinvest City funds to the City Treasurer for up to one year pursuant to California Code section 53607. The proposed Investment Policy and delegation of authority will be effective upon adoption by the City Council.

RECOMMENDATION:

1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INVESTMENT POLICY

GOVERNING THE INVESTMENT OF CITY FUNDS AND SUPERCEDING
RESOLUTION NO. 25023.”

2. Delegate the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the City Treasurer for one year or until earlier revoked by the City Council.

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

BACKGROUND:

The City of Palm Springs has had an investment policy since 1985. The Treasurer and Finance Department Staff ensure that all investments are consistent with the Investment Policy and provide oversight with appropriate checks and balances over the investment process. The Policy requires annual adoption by City Council. On January 28, 2021, the City Council approved the appointment of Chandler Asset Management (CAM) to provide Item 1P - Page 1
City Council Staff Report
June 29, 2023 -- Page 2
FY 2023-24 Investment Policy
investment advisory services to the City. Although Chandler Asset Management works with Staff to actively manage the portion of the City’s cash portfolio not needed to meet near-term obligations, fiduciary responsibility for investments remains with the City.

STAFF ANALYSIS:

In collaboration with the City of Palm Springs’ investment advisor, Chandler Asset Management and the Finance Sub-Committee recently reviewed the City’s investment policy. The team from Chandler Asset Management recommended small changes that incorporated industry best practices and two updates to align with California State Code.

Those changes are listed in the document, with comments, in Attachment 1.

The unchanged language in the policy is consistent with updated State statues and enables the portfolio to transition from passive management (hold all securities until maturity) to active management (responsive to changing market conditions). The Investment Portfolio will continue to be managed with the policy prioritization of Safety first, Liquidity second, and Return on Investment third.

Additionally, the Finance Sub-Committee reviewed the current Management Directive (Attachment 3) and the Staff Report from October 2021 which reviews the City’s directive to Chandler Asset Management on Socially Responsible Investing (SRI) and Environmental, Social, Governance (ESG) strategies (Attachment 4).

Pursuant to the delegation of authority authorized by Government Code section 53607, the City Treasurer is required to make a monthly report of investment transactions to the City Council. Each monthly Cash and Investments Report (“Treasurer’s Report”) describes the portfolio’s composition and recent performance and reports the month’s investment transactions. Within each Treasurer’s Report, the Treasurer certifies that all investments were made in compliance with the Investment Policy and that there are adequate funds to pay City obligations for at least six months. The City’s Finance Department is behind on the preparation of these reports but understands their importance and is committed to bringing these reports current and on upcoming City Council agendas.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the City Council major theme/principle of Forward-Thinking Governance, as well as Priority 1, Quality of Life.

FISCAL IMPACT:

None.

Item 1P - Page 2
City Council Staff Report
June 29, 2023 -- Page 3
FY 2023-24 Investment Policy
REVIEWED BY:

Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:

1. City of Palm Springs Investment Policy (Redlined showing updates)

2. City of Palm Springs Investment Policy, Final

3. City of Palm Springs Management Directive

4. October 2021 Staff Report with SRI/ESG Strategies

5. Resolution
Item 1P - Page 3
ATTACHMENT 1

Item 1P - Page 4

CITY OF PALM SPRINGS
2023-2024

INVESTMENT POLICY
Item 1P - Page 5

CITY OF PALM SPRINGS

INVESTMENT POLICY AND GUIDELINES
2 1.0 Purpose:

The purpose of this Investment Policy (Policy) is to set forth the investment and operational guidelines for the management and investment of the public funds of the City of Palm Springs, California. The Policy requires adoption by, and can only be changed by, a majority vote of the City Council.

The Policy is designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed, and an investment total return that is comparable to established benchmarks, as appropriate.

A copy of this statement will be provided to all investment dealers and investment managers doing business with the City of Palm Springs, and will be provided to other interested parties on request. Receipt of this policy, including confirmation that it has been reviewed by individuals working directly with the City’s investment account will be received prior to any organization providing investment services to the City of Palm Springs.

2.0 Policy:

The investment Policy and practices of the City of Palm Springs are based upon state law and prudent money management consistent with City policies. The primary goals of these practices are:

A. To ensure compliance with all Federal, State, and local laws governing the investment of public funds under the control of the Director of Finance/Treasurer.

B. To protect the principal of monies entrusted to the City’s Finance Department.

C. Achieve a reasonable rate of return within the parameters of prudent risk management while minimizing the potential for capital losses arising from market changes or issuer default.

3.0 Scope:

This Investment Policy applies to all financial assets of the City of Palm Springs. These funds are accounted for in the City’s Comprehensive Annual Financial Report.

The Director of Finance/Treasurer is responsible for investing the unexpended cash in the City Treasury for all funds, except for the employee’s retirement funds or deferred compensation accounts, which are administered separately, and those funds which are managed separately by trustees appointed under indenture agreements.

Item 1P - Page 6

CITY OF PALM SPRINGS

INVESTMENT POLICY AND GUIDELINES
3 These funds include, but are not limited to:
• General Fund
• Special Revenue Funds
• Capital Project Funds
• Debt Service Fund
• Enterprise Funds
• Internal Service Funds
• Trust and Agency Funds
• Bond Proceeds
• Any new fund created by the legislative body, unless specifically exempted This Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds.

4.0 Prudence:

The standard of prudence to be used by the Director of Finance/Treasurer shall be the “prudent investor standard.” This shall be applied in the context of managing an overall portfolio. The “prudent investor standard” shall be applied to the City, pursuant to California Government Code Section 53600.3 which provides, in pertinent part:
“ … all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.…”

4.1 Personal Responsibility:

The Director of Finance/Treasurer, as the investment officer acting in accordance with written procedures and the Investment Policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments.

Item 1P - Page 7

CITY OF PALM SPRINGS

INVESTMENT POLICY AND GUIDELINES
4 5.0 Objective:

Consistent with this aim, investments are made under the terms and conditions of California Government Code Section 53600, et seq. Criteria for selecting investments and the absolute order of priority are:

Safety
Safety of principal is the foremost objective of the investment program. Investments of the City of Palm Springs shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio.

Liquidity
The City of Palm Springs’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated and to maintain compliance with any indenture agreement, as applicable. Liquidity is essential to the safety of principal.

Return on Investments
The City of Palm Springs’s investment portfolio shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles (market interest rates), within the City’s Investment Policy’s risk parameters and the City’s cash flow needs. See also Section 1615.1.

6.0 Delegation of Authority:

The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The responsibility for the day-to-day investment of City funds may be delegated to other Department of Finance staff members as determined by the Director of Finance/Treasurer.

Procedures should include references to: ACH/wire transfer agreements, and collateral/depository agreements, as appropriate. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance/Treasurer. The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Under the provisions of California Government Code 53600.3, the Director of Finance/Treasurer is a trustee Item 1P - Page 8

CITY OF PALM SPRINGS

INVESTMENT POLICY AND GUIDELINES
5 and a fiduciary subject to the prudent investor standard.

The City may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s Investment Policy and objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940.

7.0 Ethics and Conflicts of Interest:

Consistent with state statutes and regulations and the City’s local policies relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

Employees and investment officers are required to file annual disclosure statements as required for “public officials who manage public investments” [as defined and required by the Political Reform Act and related regulations, including Government Code Sections 81000, et seq., and the rules, regulations and guidelines promulgated by California’s Fair Political Practices Commission (FPPC)].

8.0 Authorized Financial Dealers and Institutions:

The City’s Director of Finance/Treasurer will maintain a list of the financial institutions and brokers/dealers authorized to provide investment and depository services and will perform an annual review of the financial condition and registrations of qualified bidders and require annual audited financial statements to be on file for each company. The City shall annually send a copy of the current Investment Policy to all financial institutions and brokers/dealers approved to do business with the City.

If the City uses an external investment adviser, the adviser is authorized to enter into transactions with its own approved Broker-Dealer list on behalf of the City. The adviser shall perform all due diligence for all brokers/dealers on its approved list. The external investment adviser shall annually provide the City its approved Broker-Dealer list so that the Director of Finance/Treasurer may conduct their own review.

As far as possible, all money belonging to, or in the custody of, a local agency, including money paid to the City’s Director of Finance/Treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the City’s Director of Finance/Treasurer; or may be invested in the investments set forth in Section 9.0. To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not Item 1P - Page 9

CITY OF PALM SPRINGS

INVESTMENT POLICY AND GUIDELINES
6 less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California’s communities, including low- and moderate-income neighborhoods.

To provide for the optimum yield in the investment of City funds, the City’s investment procedures shall encourage competitive bidding on transactions from approved brokers/dealers. In order to be approved by the City, the dealer must meet the following criteria: (i) the dealer must be a “primary” dealer or regional dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule); (ii) the dealer’s institution must have an office in California; (iii) the dealer must be experienced in institutional trading practices and familiar with the California Government Code as related to investments appropriate for the City; and (iv) all other applicable criteria, as may be established in the investment procedures. All brokers/dealers and financial institutions who desire to become qualified bidders for investment transactions must submit a “Broker/Dealer Application” and related documents relative to eligibility including a current audited annual financial statement, U4 form for the broker, proof of state registration and proof of National Association of Securities Dealers certification. The City’s Director of Finance/Treasurer shall have also have received a signed Certification from the firm of having read and understood the City’s Investment Policy and agreeing to comply with the Investment Policy. The City’s Director of Finance/Treasurer shall determine if they are adequately capitalized (i.e. qualifies under SEC Rule 15C3-1, Uniform Net Capital Rule and five years of operation). If the City uses an external investment advisor, the investment adviser will use the firm’s best execution procedures, and must retain documentation of competitive pricing execution on each transaction and provide such documentation to the Director of Finance/Treasurer upon request.

9.0 Cash and Investment Instruments:

City active and inactive deposits may be kept in checking accounts and savings accounts at financial institutions as identified in California State Government Code Section 53648 provided that they are adequately secured with proper collateral as prescribed by Government Code Sections 53656 and/or 53658. Funds may be automatically swept from the above accounts into investment instruments provided those investment instruments are allowable investments as listed in this section, and limited to the percentage of the portfolio prescribed for each investment instrument.

Allowable investments for the portfolio of the City of Palm Springs are limited by California State Government Code Sections 53601 et seq.; and Section 53635. They are further restricted by the Director of Finance/Treasurer’s investment strategy. Limitations on percentage of portfolio, single issue or issuer, credit quality, diversification, and maturity apply at the time of purchase. Purchased securities may not exceed five-year maturities.

Exceptions can only be approved by the City Council. The investment instruments and Item 1P - Page 10

CITY OF PALM SPRINGS

INVESTMENT POLICY AND GUIDELINES
7 percentage of the portfolio permitted by this policy are described below. Investments not specifically listed below are deemed inappropriate and prohibited.

OBLIGATIONS OF THE UNITED STATES TREASURY
United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
• Maximum Maturity: 5 Years
• Maximum Percentage of Portfolio: 100%

BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF

CALIFORNIA OR THE STATE OF CALIFORNIA
Registered California warrants, treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled or operated by the state or by a department, board, agency, or authority of the state.

Bonds, notes, warrants or other evidences of indebtedness of any local agency within California including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. Investments under this section must be rated in a rating category “A” or better by a nationally recognized rating service. • Maximum Percentage of Portfolio: 15%
• Maximum Exposure: 5% per Issuer.

FEDERAL AGENCIES
Obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, Federal Home Loan Mortgage Corporation, Federal Home Loan Bank, Federal Farm Credit Bank, the Tennessee Valley Authority, or in obligations, participations, or other instruments of, or issued by, or fully guaranteed as to principal and interest by, the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participations, or other instruments of, or issued by, a federal agency or United States government-sponsored enterprise.
• Maximum Maturity: 5 Years
• Maximum Percentage of Portfolio: 60%
• Maximum percent of callable agency securities in the portfolio will be 20%.

BANKERS’ ACCEPTANCES
Commented [AS1]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

Commented [AS2]: Best Practice to reduce reinvestment
risk.

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8 Bills of exchange or time drafts drawn on and accepted by a commercial bank, typically created from a letter of credit issued in a foreign trade transaction. Eligibility is limited to U.S. banking corporations.
• Maximum Maturity: 180 Days
• Maximum Percentage of Portfolio: 20%
• Maximum Exposure: 5% per bank
• Credit Requirement: A-1, P-1, F-1 (Per S&P/ Moody’s /Fitch)

COMMERCIAL PAPER
Commercial Paper ranked A-1, P-1, F-1 by one of the major rating agencies and issued by a domestic corporation having assets in excess of $500,000,000 and having anin a rating category of “A” or better rating on its long term debentures, if any, as determined by a recognized national rating agency.
• Maximum Maturity: 270 Days
• Maximum Percentage of Portfolio: 15% Under a provision sunsetting on January 1, 2026, no more than 40% of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000.
• Maximum Exposure: 5% per Issuer
• Credit Requirement A-1, P-1, F-1 (Per S&P/ Moody’s / Fitch)

NEGOTIABLE CERTIFICATES OF DEPOSIT
Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a state-licensed branch of a foreign bank. Securities in this category exceeding federal deposit insurance limits shall be rated or issued by institutions which have long-term debt obligations rated in rating category of “A” (or the equivalent) or better and short-term debt obligations, if any, rated “A-1” (or the equivalent) or better by at least two nationally recognized statistical rating agencies.
• Maximum Maturity: 5 Years
• Maximum Percentage of Portfolio: 30%
• Maximum Exposure: 5% per Issuer
• FDIC-insured up to $250,000
• Credit Requirement if over $250,000: Rating of “A” or the equivalent (Per S&P/ Moody’s / Fitch)

MEDIUM-TERM CORPORATE NOTES
Commented [AS3]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

Commented [CM4]: Updating to be in line with SB 998
Commented [AS5]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

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9 Medium term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subsection must be rated in a rating category “A” or better by a nationally recognized rating service at the time of purchase.
• Maximum Maturity: 5 Years
• Maximum Percentage of Portfolio: 30%
• Maximum Exposure: 5% per Issuer

The securities are rated in a rating category of “AA” or its equivalent or higher by a NRSRO. The aggregate investment in mortgage-backed and asset-backed securities described in this section shall not exceed 20% of the portfolio with no more than 5% held in any one issuer that is not a US government agency. • Maximum Maturity: 5 Years
• Maximum Percentage of Portfolio: 20%
• Maximum Exposure: 5% per Issuer

SUPRANATIONAL SECURITIES
Medium United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or higher by a NRSRO and shall not exceed 30% of the portfolio with no more than 10% invested in any one issuer. • Maximum Maturity: 5 Years
• Maximum Percentage of Portfolio: 30%
• Maximum Exposure: 10% per Issuer

MUTUAL FUNDS AND MONEY MARKET MUTUAL FUNDS
California Government Code Sections 53601 (k) permits public agencies to invest 20% of their portfolio in mutual funds or money market. Money market funds are limited to a Commented [AS6]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

Commented [AS7]: SB 1489 (2022), effective 1/1/2023.

Defined the final to be based on settlement date, rather than the commonly used trade date.

Commented [CM8]: CAM recommends the inclusion of
Pass‐Thru and Supranational securities
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10 maximum dollar-weighted average maturity of 90 days; each investment must have a remaining maturity of thirteen months or less at time of purchase; and the fund must strive to maintain a constant net asset value of $1.00. These restrictions are designed to protect assets from a loss in value that can result from substantial increases in interest rates.

The California Government Code Section 53601 (k) (2) permits public agencies to invest in “shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.) as long as the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations or (B) Retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with no less than five years’ experience investing in the securities and obligations authorized by subdivisions (a) to (j), inclusive, or subdivisions (m) or (n) and with assets under management in excess of five hundred million dollars ($500,000,000).” • Maximum Percentage of Portfolio: 10 %
The California Government Code Section 53601 (p) permits public agencies to invest in “shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (o), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria: (1) The adviser is registered or exempt from registration with the Securities and Exchange Commission; (2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o), inclusive; and (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).” • Duration: Less than 1 year; Maximum Percentage of Portfolio: 50% • Duration: More than 1 year; Maximum Percentage of Portfolio: 25% TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit.) Time deposits, non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks or savings and loan associations with an a rating category of “A” or better rating.
• Maximum Maturity: 1 Year
• Maximum Percentage of Portfolio: 10%
• Maximum Exposure: $500,000 per Issuer
Commented [AS9]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

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11 THE LOCAL AGENCY INVESTMENT FUND (LAIF)
A pooled investment fund managed by the State Treasurer’s Office, which operates like a money market fund for the exclusive benefit of governmental entities within California. • Maximum of Portfolio: Maximum set by LAIF

9.1 Bond Proceeds
In addition to the investment vehicles enumerated in Section 9.0, the proceeds of bond issues (including reserve funds) may be invested in long term Guaranteed Investment Contracts (GIC), Investment Agreements (IA), or other Structured Products (SP) that comply with the Permitted Investment restrictions of the particular bond issue.

Before soliciting bids from providers of GIC's, IA's, or SP’s, the Director of Finance/Treasurer shall obtain approval from the City Council to proceed.

9.2 Investment Pools:

The City’s Director of Finance/Treasurer or designee shall be required to investigate all local government investment pools and money market mutual funds prior to investing and performing an annual review thereafter while the City is invested in the pool or the money market fund. LAIF is authorized under provisions in Section 16429.1 of the California Government Code as an allowable investment for local agencies even though some of the individual investments of the pool are not allowed as a direct investment by a local agency.

9.3 Prohibited Investments:

Under the provisions of California Government Code Sections 53601.6 and 53631.5, the City of Palm Springs shall not invest any funds covered by this Investment Policy in inverse floaters, dual index, stepped inverse derivatives, repurchase agreements, reverse repurchase agreements, range notes, interest-only strips derived from mortgage pools, stock in any joint company, corporation or association, ; securities with a forward settlement date exceeding 45 days; or any investment that may result in a zero interest accrual if held to maturity. Under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result in a zero- or negative-interest accrual if held to maturity are permitted.

9.4 Social Responsibility:

The City shall not knowingly make any investments in any institution, company, corporation, subsidiary, or affiliate that practices or supports directly or indirectly through Commented [AS10]: SB 1489 (2022), effective 1/1/2023
Commented [CM11]: Addition of language approved by
the passing of SB 998
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12 its actions, discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, sexual orientation, or physical disability, as this is not in accordance with the City of Palm Springs policies regarding discrimination.

Investments are encouraged in entities that support community well-being through safe and environmentally sound practices and fair labor practices. Investments are encouraged in entities that support equality of rights regarding race, religion, color, creed, national or ethnic origin, age, sex, sexual orientation, or physical disability. Investments should be made to the extent reasonable under the circumstances that such socially responsible investments meet minimum permitted requirements by state law, and achieve substantially equivalent safety, liquidity, and yield when compared to similar investments permitted by state law.

Prior to making investments the City’s Director of Finance/Treasurer’s office will reasonably verify an entity’s support of the socially responsible goals listed above through direct contact or through the use of a third party resource.

10.0 Collateralization:

Under provisions of the California Government Code, California banks and savings and loan associations are required to secure the City’s deposits by pledging government securities with a value of 110 % of principal and accrued interest. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the City’s total deposits. Collateral will always be held by an independent third party. The market value of securities that underlay a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. The Director of Finance/Treasurer, at his or her discretion, may waive the collateral requirement for deposits that are fully insured up to $250,000 by the Federal Deposit Insurance Corporation. The right of collateral substitution is granted.

11.0 Safekeeping and Custody:

All City investments shall identify the City of Palm Springs as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Palm Springs as the payee. All securities shall be safe kept with the City itself or with a qualified financial institution, contracted by the City as a third party. All agreements and statements will be subject to review annually by external auditors in conjunction with their audit. In the event that the City has a financial institution hold the securities, a separate Commented [CM12]: Moved to section on Risk
Management and Diversification
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13 custodial agreement shall be required. All securities shall be acquired by the safekeeping institution on a “Delivery-Vs-Payment” (DVP) basis.

12.0 Risk Management and Diversification
Mitigating Credit Risk in the Portfolio
Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
 The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio.  No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy.  The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences.
 If a security owned by the City is downgraded to a level below the requirements of this policy, making the security ineligible for additional purchases, the Director of Finance/Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.
 If a security is downgraded by any NRSRO (Moody’s, S&P or Fitch) below the rating category of “BBB”, it must be sold and removed from the City’s Portfolio unless the City Council approves the Director of Finance/Treasurer’s recommendation that the security should be retained. Director of Finance/Treasurer will monitor and report status of such security to City Council on each quarterly report prepared pursuant to Section 18.0 Mitigating Market Risk in the Portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with Item 1P - Page 17

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14 funds that are not needed for current cash flow purposes.

The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
 The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements.
 The maximum stated final maturity of individual securities in the portfolio will be five (5) years, except as otherwise stated in this policy.  The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints and risk tolerances.

13.0 Maximum Maturities:

To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchasesettlement date, unless, the City Council has granted express authority to make that investment either specifically, or as a part of an investment program approved by the City Council. Individual maturities are subject to the limitations described in Section 9.0.

14.0 Internal Control:

The Director of Finance/Treasurer shall establish a system of internal controls designed to prevent loss of public funds due to fraud, employee error, and misrepresentation by third parties, or unanticipated market changes. No investment personnel may engage in an investment transaction except as provided for under the terms of this Investment Policy and the procedure established by the Director of Finance/Treasurer.

The external auditors shall annually review the investments with respect to the Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the investments that are selected for testing. Additionally, account reconciliation and verification of general ledger balances relating to the purchasing or Commented [AS13]: SB 1489 (2022), effective 1/1/2023.

Defined the final maturity to be based on settlement date, rather than the commonly used trade date.

Commented [CM14]: Removed WAM limitation to be in
line with best practices
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15 maturing of investments and allocation of investments to fund balances shall be performed by the Finance Department and approved by the Director of Finance/Treasurer.

To provide further protection of City funds, wiring of any City funds is prohibited without the authorization of one of the following designated City staff:

1. Director of Finance/Treasurer

2. Assistant Director of Finance

3. Assistant City Manager

4. City Manager

15.0 Performance Standards:

This Investment Policy shall be reviewed at least annually by the Director of Finance/Treasurer to ensure its consistency with the overall objective of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. All financial assets of all other funds shall be administered in accordance with the provisions of this Investment Policy.

15.1 Market Yield (Benchmark):

The investment portfolio shall be managed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow. Investment return becomes a consideration only after the basic requirements of investment safety and liquidity have been met. The Finance Director/Treasurer shall establish an appropriate benchmark or benchmarks, as appropriate, for investment parameters that reflect the types and maturities of investments allowed under this policy. While the City will not make investments for the purpose of trading or speculation as the dominant criterion, the Director of Finance/Treasurer shall seek to enhance total portfolio return by means of ongoing portfolio and cash management. The prohibition of highly speculative investments precludes pursuit of gain or profit through unusual risk and precludes investments primarily directed at gains or profits from conjectural fluctuations in market prices. The Director of Finance/Treasurer will not directly pursue any investments that are leveraged or deemed derivative in nature. However, as long as the original investments can be justified by their ordinary earning power, trading in response to changes in market value can be used as part of on-going portfolio management.

16.0 Oversight Committee:

A committee comprised of two Council members appointed by Council, the City Manager and the Director of Finance/Treasurer, shall provide oversight of the City's investments.

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16 The Committee shall meet quarterly to review the City’s investment activity.

17.0 Reporting:

The Director of Finance/Treasurer shall submit a monthly investment report to the City Council following the end of each month. This report will include the following elements:
• Type of investment
• Institutional Issuer
• Purchase Date
• Date of maturity
• Amount of deposit or cost of the investment
• Face value of the investment
• Current market value of securities and source of valuation • List of transactions occurring during the reporting period • Rate of interest
• Percentage of Portfolio by Investment Type and by Maturity • Days to Maturity for all Investments
• Performance of the portfolio relative to benchmark(s), as appropriate • Comparative report on Quarterly Investment Balances and Yields • Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance • Statement on availability of funds to meet the next six month’s obligations This monthly investment report shall be an information item for the City Council. A commentary on capital markets and economic conditions may be included with the report but is not required. The Director of Finance/Treasurer shall include in the monthly reports for September, December, March and June a calculation of interest income for the quarter and the comparison of the portfolio yield to the benchmark described in Section 1615.1.

18.0 Investment Policy Adoption:

This Investment Policy shall remain in full force and effect until such time as the City Council amends this policy. The City Manager will submit the Investment Policy to the City Council for review and adoption on an annual basis within 120 days of the end of the fiscal year.

Commented [AS15]: Best practice.

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17 GLOSSARY
AGENCIES: Federal agency securities.

ASKED: The price at which securities are offered. (The price at which a firm will sell a security to an investor.)
ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.

The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high-grade negotiable instrument.

BASIS POINT: One one-hundredth of a percent (i.e., 0.01 %) BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.)
BROKER: A broker brings buyers and sellers together for a commission. He does not take a position.

CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CDs are typically negotiable.

COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.

COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc.

COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual financial report for the City. It includes combined statements and basic financial Item 1P - Page 21

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18 statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP).

COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

DEBENTURE: A bond secured only by the general credit of the issuer.

DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities:
delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.

DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value (e.g., U.S. Treasury Bills).

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.

DURATION: A measure of the sensitivity of the price (value of principal) of a fixed-income investment to a change in interest rates over a period of time. Duration is expressed by a number of years. Stagnant or falling interest rates may result in the duration of an investment being shorter than the stated maturity date.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&Ls, small business firms, students, farmers, farm cooperatives, and exporters).

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit.

FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is currently pegged by the Federal Reserve though open-market operations.

FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to Item 1P - Page 22

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19 that played by the Federal Reserve Banks vis-a-vis member commercial banks.

FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC): Created to promote the development of a nationwide secondary market in mortgages. It does this by purchasing residential mortgages from financial institutions insured by an agency of the federal government and selling its interest in them through mortgage backed securities.

The interest and principal payments from the mortgages pass through to the investors either monthly, semiannually or annually.

FEDERAL LAND BANK (FLB): Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years.

FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a Federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA’s securities are highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other presidents serve on a rotating basis. The committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks and about 5,700 commercial banks are members of the system.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR GINNIEMAE):

Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government.

Ginnie Mae securities are backed by the FHA or VA mortgages. The term “pass-through” is often used to describe Ginnie Mae securities.

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20 without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

MARKET VALUE: The price at which a security is trading and could presumable be purchased or sold.

MARKET REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase-reverse agreements that establish each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller- borrower.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. The investment’s term or remaining maturity is measured from the settlement date to final maturity.

MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the financial institution, bank or savings and loan, bought at par value with the promise to pay face value plus accrued interest at maturity. They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit.

OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer).

OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit: Sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary Policy tool.

PORTFOLIO: Collection of securities held by an investor.

PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Commented [AS16]: SB 1489 (2022), effective 1/1/2023.

Defined the final maturity to be based on settlement date, rather than the commonly used trade date.

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21 Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker/dealers, banks and a few unregulated firms.

PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state-the so - called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price.

REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their position. Exception: when the Fed is said to be doing RP, it is lending money that is, increasing bank reserves.

SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.

SUPRANATIONALS: Development banks that share the same goal of providing an improved standard of living in their member countries, but each having different mandates. There are three banks (Supranationals) in which California local agencies can invest their debt obligations; the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC) and Inter-American Development Bank.

STUDENT LOAN ASSOCIATION NOTES (SLMA or SALLIE MAE): A U.S. Corporation and instrumentality of the U.S. Government. Through its borrowings, funds are targeted for loans to students in higher education institutions. SLMA securities are highly liquid and are widely accepted.

SMALL BUSINESS ADMINISTRATION (SBA): The portion of these securities which are guaranteed by the Federal government to provide financial assistance through direct loans and loan guarantees to small businesses. Cash flows from these instruments may not be in equal installments because of prepayments.

SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect Item 1P - Page 25

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22 investors in securities transactions by administering securities legislation.

SEC RULE 15C3-1: See “Uniform Net Capital Rule”.

SUPRANATIONAL. A Supranational is a multi-national organization whereby member States transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.

TENNESSEE VALLEY AUTHORITIES (TVA): A U.S. Corporation created in the 1930s to electrify the Tennessee Valley area; currently a major utility headquartered in Knoxville, Tennessee. TVA securities are highly liquid and are widely accepted.

TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than10 years.

TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of one year to ten years.

UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

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ATTACHMENT 2

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CITY OF PALM SPRINGS
2023-2024

INVESTMENT POLICY
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2 1.0 Purpose:

A copy of this statement will be provided to all investment dealers and investment managers doing business with the City of Palm Springs and will be provided to other interested parties on request. Receipt of this policy, including confirmation that it has been reviewed by individuals working directly with the City’s investment account will be received prior to any organization providing investment services to the City of Palm Springs.

2.0 Policy:

The investment Policy and practices of the City of Palm Springs are based upon state law and prudent money management consistent with City policies. The primary goals of these practices are:

A. To ensure compliance with all Federal, State, and local laws governing the investment of public funds under the control of the Director of Finance/Treasurer.

B. To protect the principal of monies entrusted to the City’s Finance Department.

C. Achieve a reasonable rate of return within the parameters of prudent risk management while minimizing the potential for capital losses arising from market changes or issuer default.

3.0 Scope:

This Investment Policy applies to all financial assets of the City of Palm Springs. These funds are accounted for in the City’s Comprehensive Annual Financial Report.

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4.0 Prudence:

4.1 Personal Responsibility:

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4 5.0 Objective:

6.0 Delegation of Authority:

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5 and a fiduciary subject to the prudent investor standard.

7.0 Ethics and Conflicts of Interest:

8.0 Authorized Financial Dealers and Institutions:

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To provide for the optimum yield in the investment of City funds, the City’s investment procedures shall encourage competitive bidding on transactions from approved brokers/dealers. In order to be approved by the City, the dealer must meet the following criteria: (i) the dealer must be a “primary” dealer or regional dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule); (ii) the dealer’s institution must have an office in California; (iii) the dealer must be experienced in institutional trading practices and familiar with the California Government Code as related to investments appropriate for the City; and (iv) all other applicable criteria, as may be established in the investment procedures. All brokers/dealers and financial institutions who desire to become qualified bidders for investment transactions must submit a “Broker/Dealer Application” and related documents relative to eligibility including a current audited annual financial statement, U4 form for the broker, proof of state registration and proof of National Association of Securities Dealers certification. The City’s Director of Finance/Treasurer shall also have received a signed Certification from the firm of having read and understood the City’s Investment Policy and agreeing to comply with the Investment Policy. The City’s Director of Finance/Treasurer shall determine if they are adequately capitalized (i.e., qualifies under SEC Rule 15C3-1, Uniform Net Capital Rule and five years of operation). If the City uses an external investment advisor, the investment adviser will use the firm’s best execution procedures and must retain documentation of competitive pricing execution on each transaction and provide such documentation to the Director of Finance/Treasurer upon request.

9.0 Cash and Investment Instruments:

City active and inactive deposits may be kept in checking accounts and savings accounts at financial institutions as identified in California State Government Code Section 53648 provided that they are adequately secured with proper collateral as prescribed by Government Code Sections 53656 and/or 53658. Funds may be automatically swept from the above accounts into investment instruments provided those investment instruments are allowable investments as listed in this section and limited to the percentage of the portfolio prescribed for each investment instrument.

Exceptions can only be approved by the City Council. The investment instruments and Item 1P - Page 33

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7 percentage of the portfolio permitted by this policy are described below. Investments not specifically listed below are deemed inappropriate and prohibited.

BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF

Bonds, notes, warrants or other evidence of indebtedness of any local agency within California including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. Investments under this section must be rated in a rating category “A” or better by a nationally recognized rating service. • Maximum Percentage of Portfolio: 15%
• Maximum Exposure: 5% per Issuer.

BANKERS’ ACCEPTANCES
Commented [AS1]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

Commented [AS2]: Best Practice to reduce reinvestment
risk.

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COMMERCIAL PAPER
Commercial Paper ranked A-1, P-1, F-1 by one of the major rating agencies and issued by a domestic corporation having assets in excess of $500,000,000 and in a rating category of “A” or better rating on its long-term debentures, if any, as determined by a recognized national rating agency.
• Maximum Maturity: 270 Days
• Maximum Percentage of Portfolio: 15% Under a provision sunsetting on January 1, 2026, no more than 40% of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000.
• Maximum Exposure: 5% per Issuer
• Credit Requirement A-1, P-1, F-1 (Per S&P/ Moody’s / Fitch)

MEDIUM-TERM CORPORATE NOTES
Commented [AS3]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

Commented [CM4]: Updating to be in line with SB 998
Commented [AS5]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

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PASS-THROUGH SECURITIES
Asset-Backed, Mortgage-Backed, Mortgage Pass-Through Securities, and Collateralized Mortgage Obligations limited to mortgage-backed pass-through securities issued by a US government agency or consumer receivable pass-through certificates or bonds with a final maturity not exceeding five years. The securities are rated in a rating category of “AA” or its equivalent or higher by a NRSRO. The aggregate investment in mortgage-backed and asset-backed securities described in this section shall not exceed 20% of the portfolio with no more than 5% held in any one issuer that is not a US government agency.
• Maximum Maturity: 5 Years
• Maximum Percentage of Portfolio: 20%
• Maximum Exposure: 5% per Issuer

Commented [AS7]: SB 1489 (2022), effective 1/1/2023.

Defined the final to be based on settlement date, rather than the commonly used trade date.

Commented [CM8]: CAM recommends the inclusion of
Pass-Thru and Supranational securities
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The California Government Code Section 53601 (k) (2) permits public agencies to invest in “shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.) as long as the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations or (B) Retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with no less than five years’ experience investing in the securities and obligations authorized by subdivisions (a) to (j), inclusive, or subdivisions (m) or (n) and with assets under management in excess of five hundred million dollars ($500,000,000).” • Maximum Percentage of Portfolio: 10 %
The California Government Code Section 53601 (p) permits public agencies to invest in “shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (o), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria: (1) The adviser is registered or exempt from registration with the Securities and Exchange Commission; (2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o), inclusive; and (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).” • Duration: Less than 1 year; Maximum Percentage of Portfolio: 50% • Duration: More than 1 year; Maximum Percentage of Portfolio: 25% TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit.) Time deposits, non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks or savings and loan associations with a rating category of “A” or better rating.
• Maximum Maturity: 1 Year
• Maximum Percentage of Portfolio: 10%
• Maximum Exposure: $500,000 per Issuer
Commented [AS9]: SB 974 (2016): Clarified rating
categories include the modifiers by NRSROs.

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Before soliciting bids from providers of GIC's, IA's, or SP’s, the Director of Finance/Treasurer shall obtain approval from the City Council to proceed.

9.2 Investment Pools:

9.3 Prohibited Investments:

Under the provisions of California Government Code Sections 53601.6 and 53631.5, the City of Palm Springs shall not invest any funds covered by this Investment Policy in inverse floaters, dual index, stepped inverse derivatives, repurchase agreements, reverse repurchase agreements, range notes, interest-only strips derived from mortgage pools, stock in any joint company, corporation or association; securities with a forward settlement date exceeding 45 days; or any investment that may result in a zero interest accrual if held to maturity. Under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result in a zero- or negative-interest accrual if held to maturity are permitted.

9.4 Social Responsibility:

CITY OF PALM SPRINGS

10.0 Collateralization:

11.0 Safekeeping and Custody:

All City investments shall identify the City of Palm Springs as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Palm Springs as the payee. All securities shall be safe kept with the City itself or with a qualified financial institution, contracted by the City as a third party. All agreements and statements will be subject to review annually by external auditors in conjunction with their audit. In the event that the City has a financial institution hold the securities, a separate custodial Commented [CM12]: Moved to section on Risk
Management and Diversification
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13 agreement shall be required. All securities shall be acquired by the safekeeping institution on a “Delivery-Vs-Payment” (DVP) basis.

12.0 Risk Management and Diversification
Mitigating Credit Risk in the Portfolio
Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
• The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. • No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. • The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences.
• If a security owned by the City is downgraded to a level below the requirements of this policy, making the security ineligible for additional purchases, the Director of Finance/Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.
• If a security is downgraded by any NRSRO (Moody’s, S&P or Fitch) below the rating category of “BBB”, it must be sold and removed from the City’s Portfolio unless the City Council approves the Director of Finance/Treasurer’s recommendation that the security should be retained. Director of Finance/Treasurer will monitor and report status of such security to City Council on each quarterly report prepared pursuant to Section 18.0 Mitigating Market Risk in the Portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with Item 1P - Page 40

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14 funds that are not needed for current cash flow purposes.

The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
• The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements.
• The maximum stated final maturity of individual securities in the portfolio will be five (5) years, except as otherwise stated in this policy. • The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints and risk tolerances.

13.0 Maximum Maturities:

To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from settlement date, unless, the City Council has granted express authority to make that investment either specifically, or as a part of an investment program approved by the City Council. Individual maturities are subject to the limitations described in Section 9.0.

14.0 Internal Control:

Defined the final maturity to be based on settlement date, rather than the commonly used trade date.

Commented [CM14]: Removed WAM limitation to be in
line with best practices
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To provide further protection of City funds, wiring of any City funds is prohibited without the authorization of one of the following designated City staff:

1. Director of Finance/Treasurer

2. Assistant Director of Finance

3. Assistant City Manager

4. City Manager

15.0 Performance Standards:

15.1 Market Yield (Benchmark):

16.0 Oversight Committee:

A committee comprised of two Council members appointed by Council, the City Manager and the Director of Finance/Treasurer, shall provide oversight of the City's investments.

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16 The Committee shall meet quarterly to review the City’s investment activity.

17.0 Reporting:

18.0 Investment Policy Adoption:

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17 GLOSSARY
AGENCIES: Federal agency securities.

BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.

The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high-grade negotiable instrument.

CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CDs are typically negotiable.

COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual financial report for the City. It includes combined statements and basic financial Item 1P - Page 44