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Agenda packet

Agoura Hills City Council
August 13, 2025

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Agenda packet
Meeting
August 13, 2025
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Agoura Hills City Council
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4
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AGENDA

REGULAR MEETING

AGOURA HILLS CITY COUNCIL
Civic Center - Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, August 13, 2025
6:00 PM
Please silence all cell phones and other electronic devices during the meeting.

ATTEND OR WATCH THE MEETING
For in-person attendance, the Council Chambers will open to the public at 5:30 p.m. To watch the live stream or archived meeting, search “Agoura Hills City Council” on YouTube and select the meeting by date, or visit agourahillscity.gov and click the dark green “View Current Agenda(s) or Live/Archived Meetings” button at the top of the page.

PUBLIC PARTICIPATION (PUBLIC COMMENT
Option A: To provide public comments in person in the Council Chambers Members of the public may attend the meeting in person in the Council Chambers and have the opportunity to speak or submit a written comment on any item listed on the Agenda. To speak, complete a Speaker’s Card for each item and submit it to the City Clerk before the public comment portion of that item. Public testimony is limited to three (3) minutes per speaker, and time may not be transferred to another person. Written comments submitted during the meeting will not be read aloud by the City Clerk.

Option B: To submit written public comments prior to the meeting Members of the public may submit written comments on any item listed on the Agenda. To ensure the City Council has time to review and/or consider the information prior to the meeting, please include the Agenda item number or topic in the email subject line and send written public comments to [email protected] on or before 4:00 p.m. on the meeting date. Public comments are not read into the record by the City Clerk. Please note: any public comments submitted after the deadline may not be considered during the City Council’s deliberations or included in the official record. However, the public is welcome to attend the meeting to make or submit comments in person.

CALL TO ORDER

LAND ACKNOWLEDGEMENT

PLEDGE OF ALLEGIANCE

ROLL CALL
Mayor Penny Sylvester
Mayor Pro Tem Jeremy Wolf
Councilmember Kate Anderson
Councilmember Chris Anstead
Councilmember Deborah Klein Lopez

REPORT OF CLOSED SESSION

APPROVAL OF AGENDA

PRESENTATIONS

INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, AND DEPARTMENTAL REPORTS Introduction of New Southern California Edison (SCE) Representative Reyes Adobe Days Update
Clean Power Alliance Update
(City Council and Staff)

PUBLIC COMMENTS
(This section is reserved for persons wishing to address items not listed on the Agenda that are under the subject matter jurisdiction of the City Council. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)

CONSENT CALENDAR
(Items on the Consent Calendar may be approved by a single motion and vote. Unless pulled by the City Council, there will be no separate discussion of these items. This section is reserved for persons wishing to address items on the Consent Calendar. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)

1. Approve Demand Warrant Register No. 937
RECOMMENDATION: Approve Demand Warrant Register No. 937.

2. Rejection of Claim for Damages – Linda Spiegel
RECOMMENDATION: Deny the claim for damages from claimant Linda Spiegel.

3. Approve Award of Agreement for Contractor Services, with Compass Rose GIS, LLC, for Consultant and OnCall GIS Services RECOMMENDATION: Approve the Agreement for Contractor Services with Compass Rose GIS, LLC.

4. Approve Electric Fleet Transition Program Participation Agreement, with the Clean Power Alliance, to Develop a Tailored Plan that Supports the City’s Transition to a Zero-Emission Fleet RECOMMENDATION: Approve the following: 1) Electric Fleet Transition Program Participation Agreement; and 2) Authorize the City Manager to execute the Agreement, and all documents related to the program’s implementation on behalf of the City.

5. Approve Co-Term Agreement, with Flock Group Inc., for 26 License Plate Reader Cameras RECOMMENDATION: 1) Approve the proposed co-term agreement with Flock Group Inc. for 26 License Plate Reader (LPR) cameras beginning September 1, 2025; and 2) Authorize the City Manager to execute the agreement on behalf of the City.

6. Approve Third Amendment to Agreement for Contractor Services, with West Coast Arborists, Inc., Related to Tree Trimming Services
RECOMMENDATION: Approve the Third Amendment to the Agreement for Contractor Services with West Coast Arborists, Inc., related to tree maintenance services.

7. Approve Three-Year Agreements for Contractor Services, with Brodersen Associates, for: 1) City-Initiated (Non-Reimbursable) Projects, and 2) Non-City-Initiated (Reimbursable) Projects for Landscape Consultant Services
RECOMMENDATION: Approve: (1) a three-year Agreement for Contractor Services with Brodersen Associates for Landscape Services for City-Initiated Projects on a time-and-materials basis for a not-to-exceed fee of $27,000 per year; and (2) a three-year Agreement for Contractor Services with Brodersen Associates for Landscape Services for Non-City-Initiated Projects on a time-and-materials basis for a not-to-exceed fee of $25,000 per year.

8. Approve Agreement for Contractor Services, with Many Mansions, to Assist with the Creation and Implementation of the City's Affordable Housing Monitoring Program RECOMMENDATION: Approve Agreement for Contractor Services, with Many Mansions, to assist with the creation and implementation of the City's Affordable Housing Monitoring Program.

9. Approve a Two-Year Agreement for Contractor Services, with Turbo Data Systems, Inc., for Administrative Citation Processing and Collection Services
RECOMMENDATION: Authorize the City Manager to sign the two-year Agreement for Contractor Services, with Turbo Data Systems, Inc., for Administrative Citation Processing and Collection Services for a not-to-exceed fee of $50,000 ($25,000 per year).

DISCUSSION / ACTION
(This section is reserved for persons wishing to address items listed under Discussion / Action. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)

10. Discussion of Options for Solid Waste Hauler Contract RECOMMENDATION: Discuss and provide feedback on whether to pursue Option 1, Negotiate/Extend New Agreement with current solid waste hauler, WM, or Option 2. Issue Request for Proposals (RFP).

11. Discussion Regarding Economic Development Update
RECOMMENDATION: The Land Use / Economic Development Subcommittee recommends that the City Council review and approve proposed potential solutions highlighted in the chart and provide any additional direction for staff related to Economic Development efforts.

12. Discussion to Consider Approving Funding of $25,000 to Liberty Canyon Linkage Proposed Project and Authorize the City Manager to Execute Grant Pre-Application to Wildlife Conservation Board RECOMMENDATION: Approve a $25,000 contribution from the City’s Open Space Fund or discuss further to support the acquisition of the approximately 56.2-acre Liberty Canyon Linkage property by the Mountains Recreation and Conservation Authority (MRCA), and authorize the City Manager to continue with next steps on the pre-application process and report back on next steps as the acquisition progresses.

13. Approve Letter to the California Board of Forestry and Fire Protection Regarding the Proposed Zone 0 Regulations
RECOMMENDATION: Approve Letter to the California Board of Forestry and Fire Protection regarding the proposed Zone 0 regulations and authorize the Mayor to sign and send the letter on behalf of the City Council.

CITY COUNCIL, STAFF COMMENTS

ADJOURNMENT
The next Regular City Council Meeting will be held at 6:00 p.m., on August 27, 2025, in the Council Chambers of the Civic Center. The Civic Center is located at 30001 Ladyface Court, Agoura Hills, California.

In accordance with the Americans with Disabilities Act, if you require special assistance to participate in a City Council meeting or to access other services offered by the City of Agoura Hills, please contact the City Clerk’s Office at (818) 597-7300. To ensure that reasonable arrangements can be made to provide appropriate access, please provide notification at least 48 hours in advance of the meeting or time when services are needed.

Copies of staff reports or other written documentation related to each item of business on this Agenda are available on the City’s website at agourahillscity.gov and are on file in the Office of the City Clerk, Kimberly M. Rodrigues, at Agoura Hills City Hall, 30001 Ladyface Court, Agoura Hills, California, 91301.

The telecast of Regular City Council Meeting held on Wednesday, August 13, 2025 will be broadcast on Channel 10 for Time Warner Cable subscribers and Channel 3 for Charter subscribers and air daily until the next regularly scheduled City Council meeting. The broadcast schedule is as follows: M-10a m; T-3pm; W-10am; Th-7pm; F10am; S-3pm; and Su-7pm.

Date Posted: August 12, 2025

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: DIEGO IBANEZ, DIRECTOR OF FINANCE
SUBJECT: APPROVE DEMAND WARRANT REGISTER NO. 937
Demand Warrant No. 937 is hereby submitted for your approval.

All items on the Demand Warrant are budgeted items; and all the items, when aggregated and annualized, are found to be within budget.

RECOMMENDATION
It is recommended the City Council approve Demand Warrant No. 937.

Attachments
Demand Warrant Register 937.pdf

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: AMBER VICTORIA, MANAGEMENT ANALYST

RAMIRO ADEVA, ASSISTANT CITY MANAGER
SUBJECT: REJECTION OF CLAIM FOR DAMAGES – LINDA SPIEGEL On April 10, 2025, the City of Agoura Hills received a claim for damages from Linda Spiegel. The claim was referred to Carl Warren & Company, the City’s insurance adjusters, for review and investigation.

FISCAL IMPACT
There is no impact to the Fiscal Year 2025-26 adopted Budget.

RECOMMENDATION
It is recommended the City Council deny the claim for damages from claimant Linda Spiegel.

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: ERIC WANG, ASSOCIATE PLANNER

DENICE THOMAS, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: APPROVE AWARD OF AGREEMENT FOR CONTRACTOR SERVICES, WITH COMPASS ROSE GIS,

LLC, FOR CONSULTANT AND ON-CALL GIS SERVICES
To comply with State law concerning local agency geographic information systems (GIS) infrastructure requirements ((AB-98 (Reyes), Gov. Code § 65302.02(e)) and to increase City transparency and ease of access to public information (including a public GIS portal and zoning map), the City sent out a request for proposals for consultant and on-call services related to GIS including public and departmental GIS database creation, management, support, and training on April 21, 2025. On May 23, 2025, the City received bids from potential consultants. A City staff review panel considered the bid by Compass Rose GIS, LLC to be most aligned with the City’s needs.

The contract with Compass Rose GIS, LLC will cost no more than $50,000 annually and last for one year (from August 13, 2025, to August 13, 2026) with optional annual extensions until 2028.

The proposed Agreement has been reviewed by the City Attorney and approved as to form.

FISCAL IMPACT
There is no additional fiscal impact to the City Council 2025-26 and 2026-27 Budget as funds were allocated towards a GIS consultant that cover all expected annual expenses. Specifically, Funds 010-4505-552000 (Public Works) and 010-4305-552000 (Community Development) has appropriations  in the amounts of $35,000 for Fiscal Year 2025-26 and 2026-27 from Public Works and $30,000 for Fiscal Year 2025-26, and $20,000 for Fiscal Year 2026-27 from Community Development (totaling $65,000 for Fiscal Year 2025-26 and $55,000 for Fiscal Year 2026- 27).

RECOMMENDATION
Staff respectfully recommends the City Council approve the Agreement for Contractor Services with Compass Rose GIS, LLC.

Attachments
Agreement for Contractor Services
A0130-CCMYR-2025

AGREEMENT FOR CONTRACTOR SERVICES

WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR: Compass Rose GIS LLC
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Attn: Melisa Caric Lee CONTRACTOR'S ADDRESS: 4140 Oceanside Blvd. #159-152
Oceanside, CA 92056
CITY’S ADDRESS: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
PREPARED BY: Robby Nesovic
COMMENCEMENT DATE: August 13, 2025
TERMINATION DATE: August 13, 2026
CONSIDERATION: Agreement Price:

Not to Exceed: $50,000/yr
ADDITIONAL SERVICES (Describe Services, Amount, and Approval):
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Date: _____________ Amount: $____________ Authorized By: _______________ (Not to Exceed 10% of Agreement Price) City Manager
Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 1 A0130-CCMYR-2025

AGREEMENT FOR CONTRACTOR SERVICES BETWEEN THE

CITY OF AGOURA HILLS AND COMPASS ROSE GIS LLC
THIS AGREEMENT is made and effective as of August 13, 2025, between the City of Agoura Hills, a municipal corporation ("City") and Compass Rose GIS LLC ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 13, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 13, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

The City may, at its option, extend this Agreement for two additional terms of one year upon providing written notice of its intent to extend this Agreement to the Contractor not less than thirty (30) days prior to the expiration of the initial Term. Such extension shall be at the same price and conditions as set forth herein and shall be processed by an Amendment to this Agreement and signed by both parties.

2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall at all times faithfully and competently perform all tasks described herein in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.

4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed fifty thousand dollars ($50,000) (“Agreement Price”) for the initial Term of the Agreement unless additional payment is approved as provided in this Agreement.

The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.

Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 2 A0130-CCMYR-2025
B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

C. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.

6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.

B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 3 A0130-CCMYR-2025
satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.”

7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any acts or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.

With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 4 A0130-CCMYR-2025
Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement.

9. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. 4) Cyber Security and Privacy Liability shall be written on a policy form providing cyber security and privacy liability.
5) Cyber Technology Errors and Omissions shall be written on a policy providing cyber technology errors and omissions. 6) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession.

B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rental vehicles.

Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 5 A0130-CCMYR-2025
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Cyber Security and Privacy Liability coverage: Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information;
including, but not limited to personally identifiable
information (PII), protected health information (PHI),
security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks.
c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor’s (first-party) or
customer’s (third party) computer, computer system,
network, or similarly related property and the data,
software, and programs.
d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement.
e. Costs associated with restoring, updating, or replacing data.
f. Costs associated with a privacy breach, including
notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolutions services for affected individuals.
g. If coverage is maintained on a claims-made basis,
Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.
5) Cyber Technology Errors and Omissions. Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the unauthorized release of
information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information (PHI)
Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 6 A0130-CCMYR-2025
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks.
c. Liability arising from the failure of technology products (software and hardware) required under the contract for Contractor to properly perform the intended services.
d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service.
e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name
infringement or improper deep-linking or framing, and
infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services.
g. Defense costs in regulatory proceedings (state and
federal) involving a violation of privacy laws or intellectual property rights.
h. Crisis management and other expert services.
i. If coverage is maintained on a claims-made basis,
Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.
6) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.

C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 7 A0130-CCMYR-2025
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.

F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Self insurance shall not be considered to comply with these insurance requirements.

Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 8 A0130-CCMYR-2025
G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause.. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.

Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.

10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.

B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 9 A0130-CCMYR-2025
services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services and tasks under this Agreement, and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 10 A0130-CCMYR-2025
Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.

B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 11 A0130-CCMYR-2025
response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: Compass Rose GIS LLC
4140 Oceanside Blvd. #159-152
Oceanside, CA 92056
Attention: Melisa Caric Lee

15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

17. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 12 A0130-CCMYR-2025
prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.

The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.

22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 13 A0130-CCMYR-2025
Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.

23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.

Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 14 A0130-CCMYR-2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF AGOURA HILLS
Penny Sylvester,
Mayor
ATTEST:

Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:

Candice K. Lee,
City Attorney

CONTRACTOR
Compass Rose GIS LLC
4140 Oceanside Blvd. #159-152
Oceanside, CA 92056
Melisa Caric Lee
(619) 884-8608
[email protected]
By:

Name:

Title:

By:

Name:

Title:
[Signatures of Two Corporate Officers Required]
Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155

MELISA CARIC LEE
President

MELISA CARIC LEE
15 A0130-CCMYR-2025

EXHIBIT A

TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:

Consultant will provide on-call GIS services to the City. Below are the tasks expected to be performed:
• Provide virtual or on-site training to City staff via presentation and/or meetings with individual employees to answer questions quarterly or as needed. • Provide quarterly or as-needed update of Los Angeles County Assessor information and link to City’s parcel shapefile’s database table. Parcel shapefile will also need to be updated quarterly to reflect changes in boundary lines caused by recordation of final maps, easements, dedications, lot line adjustments, etc.
• Design maps and exhibits on an as-needed basis.
• Provide on-call GIS tech support.
• Maintain City of Agoura Hills GIS database, and provide maps and accessible links for the City website.
• Create and maintain a publicly accessible GIS viewer where members of the public can go to view their zoning district and other publicly available property information.
• Create and maintain a GIS layer or storyboard showing active projects in the City and their status, using reports from the City’s permit software. • Provide guides on how to use the City’s publicly accessible GIS viewer. • Provide guides and training materials on how to do common Planning or Public Works tasks, such as create radius maps and mailing lists. • Provide administrative services between the City and ESRI to manage licensing and subscriptions, including online mobile subscription. • Act as liaison to coordinate and maintain GIS services as it pertains to the City’s online permit platform, MyGovernmentOnline, as needed.

Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155 16 A0130-CCMYR-2025

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: 7B4E9BCE-E0E8-4CE3-987B-6CBA1EABE155

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: DIEGO IBANEZ, DIRECTOR OF FINANCE

LOUIS CELAYA, DEPUTY CITY MANAGER
SUBJECT:

APPROVE ELECTRIC FLEET TRANSITION PROGRAM PARTICIPATION AGREEMENT, WITH THE CLEAN POWER ALLIANCE, TO DEVELOP A TAILORED PLAN THAT SUPPORTS THE CITY’S

TRANSITION TO A ZERO-EMISSION FLEET
The City of Agoura Hills has been a member of the Clean Power Alliance (CPA) since 2019 to bring clean power, local control, and local benefits to the City. As a member agency, the City also has representation on CPA’s Board.

In a commitment to assist communities in achieving sustainability and decarbonization goals, CPA continues to introduce new and beneficial programs for cities to consider. Recently, the City Council approved the City’s participation in the “Power Ready Program” which will bring a new solar grid system to the Recreation and Event Center.

A new program being introduced for consideration by CPA is a part of the Energized Communities Program:

Pathways to Electrification. This reimbursable program provides a funding opportunity that will assist with the implementation of electrical vehicle (EV) fleet transition measures, including the EV charging infrastructure, which will assist in the reduction in greenhouse gas emissions.

The program offers up to $250,000 to assist with the following eligible expenses:
a. Electric vehicle purchases.
b. EV charging equipment, including warranties, service contracts, and or subscription fees. c. Design, installation, and construction costs for the EV infrastructure. d. Managed charging and Fleet services and equipment.
e. Additional expenses are to be determined and approved by CPA in its sole discretion.

Upon entering this Agreement, staff will collaborate with CPA to develop a tailored plan that supports the City’s transition to a zero-emission fleet. This plan will include the design and installation of EV charging infrastructure.

Additionally, staff is seeking authorization to utilize the remaining $62,000 from the South Coast Air Quality Management District (AQMD) AB 2766 Motor Vehicle Subvention Program (070-4190-5684.00) to help fund the purchase of additional EV vehicles. Since the City can contribute to the fleet purchase using AQMD funds, CPA will also provide funds for eligible expenses, allowing the purchase of multiple vehicles under this program. Future vehicle purchases will be brought before the City Council for approval.

As a participant in the Energized Communities Program the City is taking another step to help reduce greenhouse gas emissions, promote resiliency, and ensure a healthier environment.

The proposed Agreement has been reviewed by the City Attorney and approved as to form.

FISCAL IMPACT
The funding source for additional vehicles will come from the AB 2766 account # 070-4190-5684.00. This fund has a balance of $62,000 and has not been allocated in the Fiscal Year 2025-26. This will require the City Council’s authorization to appropriate $62,000 from the AB 2766 fund to the current FY 2025-26 Budget to purchase additional Electric Vehicles.

RECOMMENDATION
Staff respectfully recommends the City Council approve the following:

1. Electric Fleet Transition Program Participation Agreement; and

2. Authorize the City Manager to execute the Agreement, and all documents related to the program’s implementation on behalf of the city; and

3. Authorize the appropriation of $62,000 from the AB 2766 Fund to the current FY 2025-26 Budget.

Attachments
Electric Fleet Participation Agreement_Agoura Hills.pdf 1 ELECTRIC FLEET TRANSITION PROGRAM PARTICIPATION AGREEMENT This Electric Fleet Transition Program Participation Agreement (“Agreement”), made as of the last date signed below (the “Effective Date”), by and between the City of Agoura Hills, a California municipal corporation (“Participant”), and Clean Power Alliance of Southern California, a Joint Powers Authority and Community Choice Aggregation program (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to enroll Participant in the CPA Energized Communities Program for Electric Fleet Transition, described in more detail below.

RECITALS
WHEREAS, CPA has launched the Energized Communities Program (“Energized Communities”) to assist CPA’s member agencies with the implementation of building and transportation electrification measures to reduce dependence on fossil fuels and reach sustainability and decarbonization goals by providing financial and technical support; WHEREAS, as part of the Energized Communities program offering, CPA desires to support transportation electrification efforts in its service territory through the CPA Energized Communities Program for Electric Fleet Transition (“Program”), which seeks to help Participant develop and implement electrical vehicle (“EV”) fleet transition measures that will result in increased EV charging infrastructure, and reductions in greenhouse gas emissions; WHEREAS, to implement the Program, CPA has entered into the Professional Services Agreement, dated as of March 7, 2024, by and between Optony, Inc. (“Optony”) and CPA, under which Optony will provide technical support for Participant as it engages in efforts to develop, draft, review, and/or implement Participant’s fleet electrification measures; WHEREAS, CPA intends to make Optony or a successor consultant (“Contractor”) available to Participant and other CPA member agencies to support Participant as it engages in its own effort to develop, draft, review, and/or implement Participant’s fleet electrification measures; WHEREAS, Participant desires technical support from Contractor as Participant develops, drafts, reviews, and/or implements fleet electrification measures; and WHEREAS, Participant may seek financial support provided by CPA to offset the cost of implementing fleet electrification measures as agreed upon by the Parties.

NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties as follows:

AGREEMENT

1. Term. This Agreement begins on the Effective Date and ends on June 30, 2029 (“Term”).

2. Termination. Any Party may terminate this Agreement for convenience and without liability to the other Party upon giving the other Party thirty (30) days prior written notice. 2 3. CPA Obligations. CPA agrees to perform the services and provide financial reimbursement to Participant, as detailed in Exhibit A, Electric Fleet Transition – Program Terms and Conditions, attached hereto.

4. Participant Obligations. Participant agrees to the obligations detailed in Exhibit A attached hereto.

5. LIMITATION OF LIABILITY; NO REPRESENTATION OR WARRANTY; INDEMNITY.
a. CPA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER

EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED

TO FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND

TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO (1) SERVICES
PROVIDED BY CONTRACTOR TO PARTICIPANT AND (2) ANY FLEET ELECTRIFICATION MEASURES IMPLEMENTED BY PARTICIPANT.
b. INDEMNIFICATION. EACH PARTY SHALL INDEMNIFY AND HOLD

HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE OTHER

PARTY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,

MEMBERS, VOLUNTEERS, AGENTS, AND REPRESENTATIVES FROM

AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS,

EXPENSES, CLAIMS, PENALTIES AND/OR JUDGMENTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND

DISBURSEMENTS THAT DIRECTLY OR INDIRECTLY ARISE AND/OR
RESULT FROM THE INDEMNIFYING PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL BE ONLY IN

PROPORTION TO AND TO THE EXTENT THAT SUCH CLAIMS,

JUDGMENTS, CAUSES OF ACTION, DAMAGES, PENALTIES, COSTS, LIABILITIES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND

COSTS INCURRED IN THE DEFENSE OF ANY SUCH CLAIM OR ANY

ACTION OR PROCEEDING BROUGHT THEREON ARISE FROM THE

NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF INDEMNIFYING PARTY, AND ITS OFFICERS, EMPLOYEES, INVITEES, OR AGENTS.

NOTWITHSTANDING THE FOREGOING, CPA SHALL BE UNDER NO

OBLIGATION WHATSOEVER TO INDEMNIFY PARTICIPANT OR HOLD

PARTICIPANT HARMLESS, INCLUDING BUT NOT LIMITED TO
ATTORNEY’S FEES, COSTS, OR DISBURSEMENTS TO THE EXTENT
RESULTING FROM PARTICIPANT’S CONSIDERATION, DEVELOPMENT, REVIEW, DRAFTING, ADOPTION, AND/OR PARTICIPANT’S
IMPLEMENTATION OF PARTICIPANT’S FLEET ELECTRIFICATION
3 MEASURES.
c. LIMITATION OF LIABILITY. CPA SHALL NOT BE LIABLE TO

PARTICIPANT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, LOST

PROFIT, LOST OPPORTUNITY, OR EXEMPLARY DAMAGES FOR ANY

CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO PARTICIPANT’S

DEVELOPMENT, DRAFTING, REVIEW, ADOPTION, AND/OR
PARTICIPANT’S IMPLEMENTATION OF PARTICIPANT’S FLEET

ELECTRIFICATION MEASURES, ANY SERVICES PROVIDED BY

CONTRACTOR, AND/OR ANY OTHER CLAIM, WRIT, PETITION, OR

CAUSE OF ACTION RELATED TO THIS AGREEMENT WHETHER ARISING

FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR OTHERWISE (EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM CPA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT).

6. Insurance.
a. The Parties agree to provide and maintain throughout the Term of this Agreement, at their own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents and employees, and contractors for the Term of this Agreement. This insurance shall include general liability insurance with coverage limits of $2,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $4,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on Participant’s commercial general liability policy, and Participant’s Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on CPA’s commercial general liability policy; and (ii) a written notice to be mailed to the other Party 30 days prior to the effective date of a cancellation or non-renewal of such insurance.
b. Participant agrees to maintain throughout the Term of this Agreement, at their own expense, an automobile liability policy covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per occurrence for bodily injury and property damage.
c. The Parties agree to maintain throughout the Term of this Agreement, at their own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than 4 $1,000,000 per occurrence for bodily injury or disease. d. Upon request, either Party shall provide the other evidence of such coverage naming the other Party as an additional insured including an additional insured endorsement issued by the insurance company or program of self-insurance. e. CPA may waive or change any of the requirements in this Section 6, upon mutual agreement with the Participant.
f. Nothing herein waives or reduces a Party’s indemnification obligations pursuant to Section 5.

7. Publicity. Any marketing materials generated by Participant related to the performance of this Agreement should reference CPA’s contributions. Each Party shall make best efforts to display or utilize the words “Clean Power Alliance” and “City of Agoura Hills” in all marketing materials related to the performance of this Agreement, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible); provided, that CPA may omit “City of Agoura Hills” from CPA marketing materials when publicizing the Program generally and not specifically with respect to (a) this Agreement or (b) Participant’s participation in the Program. Any piece of publicity issued by Participant, including those mentioned above, must be reviewed and approved by CPA before issuing a press release. Participant agrees to provide CPA with reasonable time for review before such issuance.

Participant shall include CPA’s logo and a statement acknowledging CPA funding of electrification measures on any equipment, including vehicles, and project signage.

Statements shall be provided by CPA and placement of such statement shall be agreed to by both Parties. Where CPA and Participant logos are used on any signage or documentation arising in connection with this Agreement, the logos of each Party will be of equal size.

8. General Provisions.
a. Entire Agreement. This Agreement represents the full and complete understanding between the Parties as to the subject matter of this Agreement and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of this Agreement.
b. Amendment.Any amendment to or modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. c. Governing Law and Venue. This Agreement is governed by the laws of the State of 5 California. Any lawsuit filed in relation to this Agreement must be filed with the Superior Court for the County of Los Angeles, State of California. d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this Agreement.
e. Independent Parties. Each Party shall perform its responsibilities and activities described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. f. Headings. The headings in this Agreement are for convenience only, are not a part of the Agreement, and in no way affect, limit, or amplify the terms or provisions of this Agreement.
g. Severability / Partial Invalidity. If any term or provision of this Agreement, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. h. Survival. All provisions which by their nature must continue after the Agreement expires or is terminated shall survive the Agreement and remain in full force and effect, including but not limited to the indemnification requirement in Section 5. i. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:

To CPA:

Joanne O’Neill
Director, Customer Programs
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
[email protected]
With a copy, which shall not serve as notice as required or specified herein, to:

[email protected]
6 To Participant:

Nathan Hamburger
City Manager
City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
[email protected]
j. Electronic Signatures. This Agreement may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this Agreement and shall have the same force and effect as a manually executed original.
k. Execution in Counterparts. This Agreement may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement on the latest date of execution set forth below.

______________________________
Ted Bardacke
Chief Executive Officer
Clean Power Alliance of Southern California
Date:
______________________________
Nathan Hamburger
City Manager
City of Agoura Hills
Date:

APPROVED AS TO FORM:
______________________________
Candice K. Lee
City Attorney
City of Agoura Hills
Date:
7 Exhibit A
Electric Fleet Transition - Program Terms and Conditions

1. CPA Obligations
a. CPA will make commercially reasonable efforts to ensure the availability of Contractor to provide the Technical Services (as defined below). CPA does not guarantee (a) that Contractor will be able to perform all duties that Participant staff would otherwise perform, or (b) that participation in the Program ensures implementation of fleet electrification measures.
b. CPA will provide financial reimbursement to Participant in an amount (i) no greater than $250,000 (two hundred fifty thousand dollars) and (ii) to be specified in the Project Scope and Budget, as defined below.
c. CPA will monitor the technical support provided by Contractor and help coordinate fleet electrification efforts with regional stakeholders, as agreed upon by CPA and Participant pursuant to the Project Scope and Budget (as such terms are defined below).

2. Participant Obligations
a. Data, Point of Contact, and Access. Within twelve (12) months after the Effective Date, Participant agrees to provide requested data and a dedicated point of contact to CPA and Contractor for coordination purposes throughout the Program.

Participant agrees to coordinate visits to its facilities with CPA and Contractor, as needed, to collect information to prepare site designs and EV charging infrastructure installation plans.
b. Scope and Budget. Participant shall commit to a project scope and budget (“Project Scope and Budget”) that plans to acquire EVs into the agency’s fleet, construct charging infrastructure, and/or install EV charging ports, within three years after the initial project launch meeting with CPA and Contractor, substantially in the form of Exhibit B, Form of Project Scope and Budget, attached to the Agreement.

Participant acknowledges and agrees that it shall not be eligible to receive Technical Services or Project Funding (as such terms are defined below) until CPA and Participant mutually agree upon the Project Scope and Budget. c. Technical Services. Within twelve (12) months after the Effective Date, Participant shall specify which of the following services (“Technical Services”) will be requested from the Contractor in the Project Scope and Budget:
i. Fleet replacement plan.
ii. Energy needs assessment.
8 iii. Charging infrastructure plan for one or more locations. iv. Permit-ready site designs.
v. Managed charging assessment to analyze optimized and non-optimized EV charging costs.
vi. Funding package overview to identify rebate and funding opportunities appropriate for the project, including a summary of the CPA funds available to implement the project recommendations (“Funding Memo”). d. Project Funding. Participant shall specify expected use of funding for project implementation (“Project Funding”) and make that request from CPA in the Project Scope and Budget.
i. The following expenses are eligible for Project Funding from CPA:

1. Electric vehicles purchase (funding will cover the cost difference between a fossil fuel vehicle and its comparable electric alternative, which shall be an amount to be determined by CPA in consultation with Contractor).

2. EV charging equipment, including warranties, service contracts, and/or subscription fees.

3. Installation costs for EV infrastructure.

4. Managed Charging (as defined below) services and equipment.

5. Construction costs for charging infrastructure.

6. Additional expenses to be determined and approved by CPA in its sole discretion.
ii. Participant acknowledges and agrees that any costs for construction and installation of charging infrastructure that are not agreed upon under the Project Scope and Budget shall be borne by Participant. iii. Warranties and operations support for equipment and any energy management systems will be the responsibility of the Participant to arrange for with the specific vendors of those systems. iv. If Participant elects to receive Project Funding for the purchase of fleet vehicles or EV charging equipment to meet its fleet electrification objectives, it must meet the following requirements:

1. Participants that elect to receive funding for the purchase of EVs or EV charging equipment will be required to enroll in a managed charging service (“Managed Charging”) for at least three years [or otherwise acknowledge the agency’s fleet will avoid charging vehicles during peak periods where feasible]. The following options are available to satisfy Participant’s obligation to enroll in Managed Charging:
a. Enrollment in a managed charging program offered by CPA. b. Enrollment in managed charging services to be provided by Contractor.
9 c. Enrollment in a managed charging program offered by a third party, subject to CPA’s prior written approval.
d. Creation of a charging schedule and optimization plan, subject to CPA’s prior written approval.

2. Fleet vehicles purchased using funding provided under this Agreement must be owned by Participant.
v. Participant is allowed to combine Project Funding from CPA with funding from other organizations and sources, including, but not limited to, investor-owned utilities, South Coast Air Quality Management District, rebates, and state and federal grants. Participant shall inform CPA if grants and other funding related to the project scope are received. Participant agrees and acknowledges that in no event shall the combined funding from CPA and third parties exceed 100% of total project costs, as specified in the Funding Memo. Should such situation arise, the Parties will review the Project Scope and Budget to consider amendments and/or a reduction in Project Funding.
vi. Reimbursement. Participant shall submit appropriate documentation to request reimbursement for measures as specified in the agreed upon Project Scope and Budget substantially in the form of Exhibit C, Form of Reimbursement Request, attached to the Agreement.
e. Intellectual Property. Participant agrees and acknowledges that all tools, templates, and other resources generated by the Contractor during the implementation of the Program will be the intellectual property of CPA; provided, however, that the Participant shall be allowed to use and access such tools, templates and resources for construction and maintenance of the Project.
f. CPA Customer. As of the Effective Date, Participant represents and warrants that Participant is a CPA public agency customer and acknowledges and agrees that Participant is required to continue to be a CPA public agency customer in order to be eligible to receive services and financial reimbursement under this Agreement. g. Notice to Proceed. Participant shall provide to CPA a written notice to proceed (“Notice to Proceed”) to commence charging infrastructure plans and site design services prior to Contractor commencing work on the Technical Services specified in Section 2.c.iii and 2.c.iv of this Exhibit A. The Notice to Proceed shall indicate that the Participant intends to move forward with constructing charging infrastructure.
h. Fleet Composition, Facilities Information, and Energy Data. Participant agrees to share information with CPA and Contractor regarding fleet composition and usage, including asset inventories, fueling records, duty cycles, mileage readings, etc., as available, facilities information including as-builts or architectural 10 designs, panel schedules, single-line diagrams, as available, and historical energy data for facilities that may install charging.
i. Ongoing Data: Participant agrees to provide CPA access to EV charging data through the charging operator’s online portal or other system to be determined, and share EV charging data with CPA during the Term of this Agreement. 11 Exhibit B
Form of Project Scope and Budget
Following the terms provided in the Participation Agreement, the specific Project Scope and Budget for Participant will be submitted to CPA substantially in the form illustrated below.

Fleet size is based on the total number of vehicles in the fleet and is determined when the scope and budget for the project are finalized. [Preset costs for services are provided in the table below.

Participants may not necessarily select all services.]
Table: Project Scope and Budget
Contractor Services
Provided
Services
Selected by
Participant
Budget for Small Fleet
Services (less than 100
vehicles)
Budget for Medium
Fleet Services
(100-300 vehicles)
Fleet Replacement Plan [$6,000] [$10,000]
Energy Needs Assessment [$6,000] [$10,000]
Charging Infrastructure Plan
(for selected facilities listed
here)
[$8,000] [$15,000]
Site-visit [$5,000] [$5,000]
Permit-ready site designs (per
site)
[$14,500] [$24,000]
Funding package overview [$5,000] [$5,000]
Managed Charging (Charging
Schedule and Optimization
Plan)
[$12,000] [$12,000]
Subtotal for Technical
Services
Summarize how Participant
intends to use Project
Funding to implement
recommendations
(refer to eligible expenses in
Exhibit A).

Subtotal for Project
Funding
12 Indicate if Participant elects
to receive Project Funding
only for electric vehicle
and/or equipment purchase
and not for Technical
Services. Summarize how the
funds will be used here.

Participant will follow
requirements in
Exhibits A and C
Total Budget Requested
13 Exhibit C
Form of Reimbursement Request
Participant will submit a W-9, and any invoices, receipts, or other appropriate documentation to show paid expenditure of funds, along with the reimbursement request for measures, as specified in the agreed upon Project Scope and Budget. A reimbursement request with the information noted in the table below will be submitted to CPA for approval. CPA will notify the Participant of approval and forthcoming repayment.

Reimbursement Request Form
Fleet Electrification
Measure
Reimbursement
Amount
Requested
Documentation
Provided
(Invoice,
Purchase
Receipt, etc.)
Total Project
Funding
Budget
Assigned*
Remaining
Budget
Electric vehicle
purchase
EV charging
equipment, including
warranties, service
contracts, and/or
subscription fees
Installation costs for
EV infrastructure
Managed Charging
(energy management)
subscription and/or
equipment costs
Construction costs for
charging
infrastructure
Additional expenses
to be determined and
approved by CPA
Total Amounts
*Project Funding budget refers to the budget amount remaining following the completion of Technical Services, as outlined in Exhibit A and Exhibit B.

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: RAMIRO ADEVA, ASSISTANT CITY MANAGER
SUBJECT:

APPROVE CO-TERM AGREEMENT, WITH FLOCK GROUP INC., FOR 26 LICENSE PLATE READER

CAMERAS
In October 2023, the City entered into an agreement with Flock Group Inc. to install 14 license-plate-reader (LPR) cameras at key ingress and egress locations throughout Agoura Hills. Following installation, the system was closely monitored, and data demonstrated significant benefits to public safety, including enhanced investigative support and deterrence of criminal activity.

Based on these positive outcomes and strong support from local law enforcement, the City expanded the program with an additional 12 LPR cameras in November 2024. This second contract created a separate renewal schedule, resulting in two distinct annual renewal and payment cycles.

To simplify administration and create a uniform renewal timeline, Flock Group Inc. offered the option to co-term all 26 cameras under a single contract to avoid having 14 LPR cameras renew in October each year, while the other 12 LPR cameras renew in November each year. The proposed new agreement would replace the existing two contracts and establish a single annual renewal date of September 1, 2025, consolidating the 26 existing cameras into one contract with Flock Group Inc..  To co-term the two existing contracts, credits, and a partial payment were reconciled to align everything for the September renewal date.  Staff worked closely with the Flock Group Inc. team and confirmed the payment terms outlined in the attached draft agreement.

The benefits of co-terming include:

Simplifies contract management and budget planning
Aligns payment cycles into a single renewal date
This approach enhances efficiency for both City staff and Flock Group Inc. while continuing to provide critical public safety benefits.

FISCAL IMPACT
The adopted Fiscal Year 2025-26 budget includes $75,000 from the (240-4210-5683.00) for the Flock Group Inc.

LPR program, which will cover the pro-rated cost for the first co-termed year of $74,557.50. Future annual costs will be $78,000 per fiscal year, which will be incorporated into subsequent budget cycles. There is no additional fiscal impact to the approved FY 2025-26 budget.

RECOMMENDATION
Staff respectfully recommends the City Council:

1.  Approve the proposed co-term agreement with Flock Group Inc. for 26 License Plate Reader (LPR) cameras beginning September 1, 2025; and

2.  Authorize the City Manager to execute the agreement on behalf of the City.

Attachments
Co-Term Agreement with Flock Group Inc.

Flock Safety + CA - City of Agoura
Hills
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Sam Meyer
[email protected]
4082348497

EXHIBIT A

ORDER FORM
Customer: CA - City of Agoura Hills Initial Term: 24 Months Legal Entity Name: CA - City of Agoura Hills Renewal Term: 12 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 30001 Ladyface Ct Agoura Hills, California
91301
Billing Frequency: Annual
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $78,000.00
Flock Safety Flock OS
Flock Safety Platform - Included 1 Included
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 26 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $78,000.00
Annual Recurring Subtotal: $78,000.00
Estimated Tax: $0.00
Contract Total: $156,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Special Terms:
• This Agreement supersedes any and all previously executed agreement between the Parties, relating to the provision of services by Flock to Customer and any exhibits attached thereto or incorporated therein by reference. Upon execution of this Agreement, all previously executed agreements pertaining to the Services provided shall run coterminous with the Term of this Agreement. In the event of any overlap in subscription terms and prior invoices, payments will be provided in pro rata credit. Any estimates provided on credits are subject to change based on execution of new contract.

Annual Billing Schedule
Year 1 $78,000.00
Year 2 $78,000.00
Contract Total: $156,000.00
Estimated Credits: -$11,242.50
Invoice Balance Due
INV-52397 (Partially Paid) $7,800.00
Estimated Remaining
Credits: -$3,442.50
Annual Totals
Year 1 + Remaining Credits $74,557.50
Annual Recurring: $78,000.00
All credits are estimates based on contract start
of 09/01/2025. Credit estimate reflects a partial
payment on INV-52397.

Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $78,000.00
Annual Recurring after Year 1 $78,000.00
Contract Total $156,000.00
*Tax not included
Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety Platform -
An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the community.

Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms of Service located at https://www.flocksafety.com/terms-and-conditions.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Agoura Hills
By:
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By:
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Name:
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Name:
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Title:
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Title:
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Date:
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Date:
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PO Number:

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: BRIAN WOODWORTH, PUBLIC WORKS PROJECT MANAGER

CHARMAINE YAMBAO, DIRECTOR OF PUBLIC WORKS DIRECTOR / CITY ENGINEER SUBJECT: APPROVE THIRD AMENDMENT TO AGREEMENT FOR CONTRACTOR SERVICES, WITH WEST COAST ARBORISTS, INC., RELATED TO TREE TRIMMING SERVICES Since 2011, West Coast Arborists, Inc. (West Coast) has provided the City with tree trimming services. Specifically, their contract scope of work includes, but is not limited to:

Tree pruning
Tree and stump removal
Tree planting
Emergency response
Updating the City’s tree inventory
On May 12, 2021, the City Council authorized the contract award to West Coast which allowed for three years of guaranteed work, with the option of two additional one-year extensions, for a total of five years.

The City Council approved the first amendment to the agreement on June 26, 2024, which extended the agreement to June 30, 2025.

On June 25, 2025, the City Council approved the second amendment to the agreement which allowed for the final extension to the contract.

The City Council’s Fiscal Year 2025-26 Goals includes conducting a Citywide Tree Inventory Assessment that would include reviewing and updating the multi-year plan for tree replacements and trimming with the focus on fire resiliency.

The City recently received a grant from the Santa Monica Mountains Conservancy for fire mitigation planning in the amount of $100,000. Staff is recommending approximately $30,000 of the grant be used to have West Coast complete the tree inventory which will include recommendations for tree/landscape maintenance, removals and/or replacements. Approximately $10,000 of the grant would be used for the initial implementation of the plan which may include planting native trees by West Coast.

Staff is requesting approval of the third amendment to increase the not-to-exceed from $120,000 to $160,000 in order to complete this work. All other terms and conditions of the agreement remain the same as previously approved.

The proposed amendment has been reviewed by the City Attorney and approved as to form.

FISCAL IMPACT
The approved Fiscal Year 2025-26 City Budget allocated $75,000 (020-4520-5520.23 Tree Maintenance), $25,000 (010-4450-5520.95 Tree Maintenance in Parks), and $20,000 (010-4505-5520.03 Special Projects) for tree maintenance. The $40,000 increase to the West Coast agreement would be paid entirely by the grant funding.

It should be noted this funding was awarded after the approval of the Fiscal Year 2025-26 City Budget.  If approved, the $40,000 of grant funding will need to be appropriated to the Fiscal Year 2025-26 Budget Cycle (260-4505- 5520.00 Contract Services) in order to use the grant funding.

RECOMMENDATION
Staff respectfully recommends the City Council:

1. Approve the Third Amendment to the Agreement for Contractor Services with West Coast Arborists, Inc., related to tree maintenance services; and

2. Appropriate $40,000 of the Santa Monica Mountains Conservancy Fire Mitigation Planning Grant to the Fiscal Year 2025-26 Budget Cycle.

Attachments
Third Amendment - West Coast Arborist.pdf

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY:

ERIC WANG, ASSOCIATE PLANNER

GENE BURSE, SENIOR PLANNER

DENICE THOMAS, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:

APPROVE THREE-YEAR AGREEMENTS FOR CONTRACTOR SERVICES, WITH BRODERSEN ASSOCIATES, FOR: 1) CITY-INITIATED (NON-REIMBURSABLE) PROJECTS, AND 2) NON-CITYINITIATED (REIMBURSABLE) PROJECTS FOR LANDSCAPE CONSULTANT SERVICES The purpose of this item is to seek City Council approval to enter into two separate agreements for Consultant Services with Brodersen Associates for Fiscal Years 2025-26, 2026-27, and 2027-28: (1) provide landscape and irrigation consulting services on a time-and-materials basis for City-initiated projects for a total not-to-exceed fee of $27,000 per year; and (2) provide landscape/and irrigation consulting services for non-City-initiated projects on a time-and-materials basis at a total not-to-exceed fee of $25,000 per year. Total annual cost will be no more than $52,000.

Brian Brodersen, of Brodersen Associates, has previously provided the City these services. Staff has been pleased with Mr. Brodersen’s previous work, and is confident Mr. Brodersen will provide the same quality consulting services in a cost-effective and timely manner.

Each agreement’s amount reflects the expected division workload for the year, as well as expenses to-date in the current year’s agreements.

The City-initiated scope of services includes plan checking and site inspections pertaining to City-sponsored projects, other special projects, and other City-assigned tasks, including assisting residents and businesses with landscape and irrigation questions. Exhibit A lists the specific scope of work and Exhibit B, the hourly rates of staff.

The non-City-initiated scope of services includes reviewing applicants’ landscape and irrigation plans, assisting staff with implementing local and regional landscape/irrigation requirements, and conducting site inspections.

Consulting services under this agreement were previously paid for by applicant trust accounts. However, as of July 1, 2025, applicants now pay a one-time fee reducing staff time associated with tracking account balances. Exhibit A lists the specific scope of work and Exhibit B, the hourly rates of staff.

The proposed Agreements have been reviewed by the City Attorney and approved as to form.

FISCAL IMPACT
There is no additional fiscal impact to the City Council 2025-26 or 2026-27 Budget years as funds were allocated towards all landscape consultant services (including non-City and City-initiated projects) in account numbers 010- 4505-552000 (Public Works) and 010-4305-552000 (Planning) that cover all expected annual expenses.

RECOMMENDATION
Staff respectfully recommends the City Council approve the following: (1) a three-year Agreement for Contractor Services with Brodersen Associates for Landscape Services for City-Initiated Projects on a time-and-materials basis for a not-to-exceed fee of $27,000 per year; and (2) a three-year Agreement for Contractor Services with Brodersen Associates for Landscape Services for Non-City-Initiated Projects on a time-and-materials basis for a not-to-exceed fee of $25,000 per year.

Attachments

1. Brodersen City-Initiated Contract.pdf

2. Brodersen Non-City Initiated Contract.pdf
1 A0130-CCMYR-2025

AGREEMENT FOR CONTRACTOR SERVICES

WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR: Brodersen Associates
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Attn: Brian Brodersen CONTRACTOR'S ADDRESS: 422 East Main Street
Ventura, CA 93001
CITY’S ADDRESS: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
PREPARED BY: Eric Wang
COMMENCEMENT DATE: August 13, 2025
TERMINATION DATE: August 13, 2028
CONSIDERATION: Agreement Price:

Not to Exceed: $27,000/yr
Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 2 A0130-CCMYR-2025

AGREEMENT FOR CONTRACTOR SERVICES BETWEEN

THE CITY OF AGOURA HILLS AND BRODERSEN

ASSOCIATES FOR CITY-INITIATED PROJECTS
THIS AGREEMENT is made and effective as of August 13, 2025, between the City of Agoura Hills, a municipal corporation ("City") and Brodersen Associates ("Contractor").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 13, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 13, 2028, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall at all times faithfully and competently perform all tasks described herein in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.

4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed twenty-seven thousand dollars and zero cents ($27,000.00) (“Agreement Price”) for the initial Term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

C. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 3 A0130-CCMYR-2025
each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.

6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.

B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.”

7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 4 A0130-CCMYR-2025
that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any acts or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.

With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement.

9. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 5 A0130-CCMYR-2025
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.

B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rental vehicles.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.

C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 6 A0130-CCMYR-2025
limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 7 A0130-CCMYR-2025
waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.

F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Self insurance shall not be considered to comply with these insurance requirements.

G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause.. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.

Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.

10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.

B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 8 A0130-CCMYR-2025
of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services and tasks under this Agreement, and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 9 A0130-CCMYR-2025

11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.

B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 10 A0130-CCMYR-2025
other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: Brodersen Associates
422 East Main Street
Ventura, CA 93001
Attention: Brian Brodersen

15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

17. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 11 A0130-CCMYR-2025
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous Acontrgreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect.

Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.

The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.

22. AUTHORITY TO EXECUTE THIS AGREEMENT
Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 12 A0130-CCMYR-2025
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.

23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.

Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 13 A0130-CCMYR-2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF AGOURA HILLS
Penny Sylvester,
Mayor
ATTEST:

Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:

Candice K. Lee,
City Attorney

CONTRACTOR
Brodersen Associates
422 East Main Street
Ventura, CA 93001
Brian Brodersen
(805) 201-5614
[email protected]
By:

Name:

Title:

By:

Name:

Title:
[Signatures of Two Corporate Officers Required]
Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 Brian Brodersen
Owner / Principal
Co-owner
Carolyn Brodersen
14 A0130-CCMYR-2025

EXHIBIT A

TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:

Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1

EXHIBIT A

SCOPE OF WORK

CITY-INITIATED PROJECTS
Under the direction and specific request of the City:

1. Implement the City Zoning Ordinance Guidelines for Landscaping, Planting and Irrigation.

2. Provide guidance to City residents on landscape and irrigation issues.

3. Review and advise on City landscape and irrigation plans.

4. Prepare small-scale City landscape and irrigation plans and specifications for City projects, such as parks and City-maintained right-of-way.

5. Prepare correspondence in the form of letters, memorandums, illustrations and exhibits to communicate plan recommendations.

6. Provide consultation and other assistance to City staff on subjects concerning landscaping and irrigation.

7. Attend periodic meetings, public hearings and site checks.

8. Review landscape and irrigation plans prepared by outside consultants for City parks and City maintained right-of-way areas.

9. Other landscape and irrigation consultation assignments as requested by City.

10. Maintain weekly office hours at City Hall, as established by City in consultation with Consultant.

Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 15 A0130-CCMYR-2025

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1

EXHIBIT B

RATE SHEET
Brodersen Associates
Staff Person Title Hourly Rate ($)
Brian Brodersen Principal 185
Christian Nunez Landscape Architect/Irrigation 145
Tracy Wolk Drafter 115
Carolyn Brodersen Technical Writer 65
Minor expense items, such as outside printing, are not included in this fee estimate and will be billed separately at 1.15 times cost. Travel is included for City office meetings that include a minimum of three billable hours. Otherwise, time travel will be billed at 0.5 times (half) the hourly billing rate.

Time will be billed monthly, commensurate with progress, at a rate of $185.00 per hour for design and consulting services, $145.00 per hour for irrigation review, and $115.00 for drafting and document preparation.

Docusign Envelope ID: 6EEC744C-7662-4A58-87D4-7D0F00DAC7A1 1 A0130-CCMYR-2025

AGREEMENT FOR CONTRACTOR SERVICES

WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR: Brodersen Associates
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Attn: Brian Brodersen CONTRACTOR'S ADDRESS: 422 East Main Street
Ventura, CA, 93001
CITY’S ADDRESS: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
PREPARED BY: Eric Wang
COMMENCEMENT DATE: August 13, 2025
TERMINATION DATE: August 13, 2028
CONSIDERATION: Agreement Price:

Not to Exceed: $25,000/yr
Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 2 A0130-CCMYR-2025

AGREEMENT FOR CONTRACTOR SERVICES

BETWEEN THE CITY OF AGOURA HILLS AND

BRODERSEN ASSOCIATES FOR NON-CITY INITIATED

PROJECTS
THIS AGREEMENT is made and effective as of August 13, 2025, between the City of Agoura Hills, a municipal corporation ("City") and Brodersen Associates ("Contractor").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 13, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 13, 2028, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall at all times faithfully and competently perform all tasks described herein in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.

4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed twenty-five thousand dollars and zero cents ($25,000.00) (“Agreement Price”) for the initial Term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

C. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 3 A0130-CCMYR-2025
each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.

6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.

B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.”

7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 4 A0130-CCMYR-2025
that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any acts or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.

With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement.

9. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 5 A0130-CCMYR-2025
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.

B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rental vehicles.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.

C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 6 A0130-CCMYR-2025
limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 7 A0130-CCMYR-2025
waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.

F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Self insurance shall not be considered to comply with these insurance requirements.

G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause.. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.

Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.

10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.

B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 8 A0130-CCMYR-2025
of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services and tasks under this Agreement, and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 9 A0130-CCMYR-2025

11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.

B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 10 A0130-CCMYR-2025
other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: Brodersen Associates
422 East Main Street
Ventura, CA 93001
Attention: Brian Brodersen

15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

17. GOVERNING LAW
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The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous Acontrgreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect.

Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.

The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 12 A0130-CCMYR-2025
and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.

22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.

23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.

Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 13 A0130-CCMYR-2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF AGOURA HILLS
Penny Sylvester,
Mayor
ATTEST:

Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:

Candice K. Lee,
City Attorney

CONTRACTOR
Brodersen Associates
422 East Main Street.

Ventura, CA 93001
Brian Brodersen
(805) 201-5614
[email protected]
By:

Name:

Title:

By:

Name:

Title:
[Signatures of Two Corporate Officers Required]
Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 Owner / Principal
Brian Brodersen
Co-owner
Carolyn Brodersen
14 A0130-CCMYR-2025

EXHIBIT A

TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:

Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6

EXHIBIT A

SCOPE OF WORK

NON CITY-INITIATED PROJECTS
Under the direction and specific request of the City:

1. Implement the City Zoning Ordinance Guidelines for Landscaping, Planting and Irrigation Guidelines.

2. Review landscape and irrigation plans for private or other agency projects for compliance with City ordinances, policies and guidelines.

3. Make recommendations as to the adequacy of concept, preliminary and final landscape plans, and irrigation plans, for proposed developments.

4. Determine whether City conditions of development approval are performed satisfactorily.

5. Prepare correspondence in the form of letters, memorandums, illustrations and exhibits to communicate plan review recommendations.

6. Provide guidance to developers on landscape and irrigation issues.

7. Attend periodic meetings, public hearings and site checks.

8. Other landscape and irrigation consultation assignments as requested by City.

9. Maintain weekly office hours at City Hall, as established by City in consultation with Consultant.

Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6 15 A0130-CCMYR-2025

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6

EXHIBIT B

RATE SHEET
Brodersen Associates
Staff Person Title Hourly Rate ($)
Brian Brodersen Principal 185
Christian Nunez Landscape Architect/Irrigation 145
Tracy Wolk Drafter 115
Carolyn Brodersen Technical Writer 65
Minor expense items, such as outside printing, are not included in this fee estimate and will be billed separately at 1.15 times cost. Travel is included for City office meetings that include a minimum of three billable hours. Otherwise, time travel will be billed at 0.5 times (half) the hourly billing rate.

Time will be billed monthly, commensurate with progress, at a rate of $185.00 per hour for design and consulting services, $145.00 per hour for irrigation review, and $115.00 for drafting and document preparation.

Docusign Envelope ID: 140AC2A6-4C91-46C0-8BAE-49D6A9EA53A6

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: ROBBY NESOVIC, PRINCIPAL PLANNER

DENICE THOMAS, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:

APPROVE AGREEMENT FOR CONTRACTOR SERVICES, WITH MANY MANSIONS, TO ASSIST

WITH THE CREATION AND IMPLEMENTATION OF THE CITY'S AFFORDABLE HOUSING

MONITORING PROGRAM
The purpose of this item is to seek City Council approval to enter into a three-year agreement for Contractor Services with Many Mansions to assist City staff with the creation and implementation of our Affordable Housing Monitoring Program. Many Mansions will create tenant income certification forms, develop applicant screening criteria, review and certify tenant eligibility based on income, and perform other tasks related to the initiation and ongoing functions of the program. For a full list of services, see Exhibit A of the attached agreement.

For over 45 years, Many Mansions has been a leader in the affordable housing industry and provides on-site service programs for its residents. They have a deep understanding of the complexities surrounding affordable housing programs, and are uniquely qualified to assist property owners, managers and the City in navigating affordable housing compliance requirements.

The proposed Agreement has been reviewed by the City Attorney and approved as to form.

FISCAL IMPACT
All program initiation costs will be paid for through Permanent Local Housing Allocation (PLHA) funds to be received from Los Angeles County ($5,400 - See Exhibit B of the the attached agreement). The PLHA contract initiation with Los Angeles County will begin in September of 2025. Staff and Many Mansions will begin work on program initiation once the PLHA contract is finalized, which is anticipated to occur prior to the end of 2025. While the contract allows a maximum not-to-exceed amount of $50,000 per year, the bulk of the expenses will not be incurred until mid to late 2027 when the first affordable housing units are anticipated to be occupied. Prior to that time, the City will establish an annual affordable housing monitoring fee to be paid by the property owners and/or property managers of sites with affordable units. This fee will cover the City's cost of implementing the program on an ongoing basis, however, a budget amendment may still be necessary at that time to account for offsetting revenue and expenses.

RECOMMENDATION
Staff recommends the City Council approve the Agreement for Contractor Services with Many Mansions on a timeand-materials basis for a total not-to-exceed amount of $50,000 per year.

Attachments
Many Mansions Contract 8.13.25
2 A0130-CCMYR-2025

AGREEMENT FOR CONTRACTOR SERVICES BETWEEN

THE CITY OF AGOURA HILLS AND MANY MANSIONS
THIS AGREEMENT is made and effective as of August 13, 2025, between the City of Agoura Hills, a municipal corporation ("City") and Many Mansions ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 13, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 13, 2028, unless sooner terminated pursuant to the provisions of this Agreement.

The City may, at its option, extend this Agreement for one additional term of three years upon providing written notice of its intent to extend this Agreement to the Contractor not less than thirty (30) days prior to the expiration of the initial Term. Such extension shall be at the same price and conditions as set forth herein and shall be processed by an Amendment to this Agreement and signed by both parties.

2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall at all times faithfully and competently perform all tasks described herein in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.

4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars ($50,000) per year (“Agreement Price”) for the initial Term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 3 A0130-CCMYR-2025
amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

C. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.

6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.

B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.” Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 4 A0130-CCMYR-2025

7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any acts or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.

With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement.

9. INSURANCE REQUIREMENTS
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Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. 4) Cyber Security and Privacy Liability shall be written on a policy form providing cyber security and privacy liability.
5) Cyber Technology Errors and Omissions shall be written on a policy providing cyber technology errors and omissions.

B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rental vehicles.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Cyber Security and Privacy Liability coverage: Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:

Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 6 A0130-CCMYR-2025
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information;
including, but not limited to personally identifiable
information (PII), protected health information (PHI),
security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks.
c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor’s (first-party) or
customer’s (third party) computer, computer system,
network, or similarly related property and the data,
software, and programs.
d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement.
e. Costs associated with restoring, updating, or replacing data.
f. Costs associated with a privacy breach, including
notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolutions services for affected individuals.
g. If coverage is maintained on a claims-made basis,
Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.
5) Cyber Technology Errors and Omissions. Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the unauthorized release of
information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information (PHI)
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks.
c. Liability arising from the failure of technology products (software and hardware) required under the contract for Contractor to properly perform the intended services.

Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 7 A0130-CCMYR-2025
d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service.
e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name
infringement or improper deep-linking or framing, and
infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services.
g. Defense costs in regulatory proceedings (state and
federal) involving a violation of privacy laws or intellectual property rights.
h. Crisis management and other expert services.
i. If coverage is maintained on a claims-made basis,
Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.

C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 8 A0130-CCMYR-2025
special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.

F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Self insurance shall not be considered to comply with these insurance requirements.

G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause.. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 9 A0130-CCMYR-2025
H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.

Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.

10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.

B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 10 A0130-CCMYR-2025
compensation or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services and tasks under this Agreement, and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 11 A0130-CCMYR-2025
volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.

B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 12 A0130-CCMYR-2025
specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: Many Mansions
1259 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Attention: Rick Schroeder

15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

17. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 13 A0130-CCMYR-2025
in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous Acontrgreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect.

Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.

The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.

22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.

23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.

Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 14 A0130-CCMYR-2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF AGOURA HILLS
Penny Sylvester,
Mayor
ATTEST:

Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:

Candice K. Lee,
City Attorney

CONTRACTOR
Many Mansions
1259 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Attention: Rick Schroeder
(805) 496-4948 x227
[email protected]
By:

Name:

Title:

By:

Name:

Title:
[Signatures of Two Corporate Officers Required]
Rick Schroeder
President & CEO
Kevin Kozal
Board Chairperson
Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 15 A0130-CCMYR-2025

EXHIBIT A

TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:

Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB I. Introduction
For over 45 years, Many Mansions has been a leader in the affordable housing industry-developing beautiful multifamily affordable housing communities, engaging in comprehensive property management services, and providing on-site service programs for its residents.

With a deep understanding of the complexities surrounding affordable housing programs-including Low-Income Housing Tax Credit (LIHTC), HOME, Section 8, and other regulatory frameworks-Many Mansions is uniquely qualified to assist property owners, managers, and city entities in navigating affordable housing compliance requirements. Moreover, our organization has cultivated a reputation for excellence in compliance management, ensuring adherence to federal, state, and local regulations while fostering strong, sustainable housing communities. Many Mansions is also a licensed California Real Estate Broker (DRE #2003927)
Compliance is not just about meeting regulatory standards; it is about protecting funding streams, maintaining property integrity, and providing residents with the stability and security they deserve. Many Mansions' proven track record includes:
• Successfully managing compliance of over 800 affordable housing units across Ventura and Los Angeles Counties (with an additional 154 units currently in construction);
• Navigating complex funding sources to maintain compliance with overlapping federal, state, and local programs; and
• Providing property management training to enhance knowledge and operational efficiency.

By leveraging decades of experience with a 'hands-on' approach, Many Mansions offers an unparalleled service tailored to the unique needs of affordable housing providers. Our Compliance Services are designed to simplify processes, reduce administrative burdens, and ensure ongoing regulatory compliance.

II. Scope of Services
Many Mansions offers comprehensive affordable housing assistance and compliance services. Its 'Scope of Services' is divided into two categories- (1) Program Initiation, and (2) Ongoing Services.

Fee Schedules for both categories are included in Appendix 'A' and 'B.' A. Program Initiation
The Program Initiation phase is designed to establish a strong foundation for long-term affordable housing compliance for a new property with restricted units. 16 Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB Many Mansions will create, customize, and implement all necessary infrastructure, documentation, and training to ensure that regulatory standards are consistently met.

1. Forms Creation and Initial Lease-up Training:
• Applicant Screening Criteria: Develop and customize criteria to ensure applicants meet the eligibility requirements for specific funding programs (e.g., LIHTC, HOME, Section 8).
• Lease and Addendums: Develop leases and required addendums tailored to affordable housing programs, including specific clauses addressing compliance requirements, tenant responsibilities, and program regulations.
• Tenant Income Certification Forms: Create clear, easy-to-use forms to document tenant income certifications and recertifications. • Certificate of Continuing Program Compliance: Provide templates for property owners and managers to certify compliance with program requirements.
• Annual Occupancy Summary Report: Design templates to assist in reporting occupancy and compliance data to regulatory agencies.

2. Property Manager Manual:
• Develop a comprehensive manual tailored to the property's specific funding requirements and regulatory framework.
• Include step-by-step instructions for:
• Conducting initial and annual tenant income certifications. • Reviewing tenant applications for compliance with eligibility standards.
• Maintaining accurate and up-to-date compliance files. • Provide a detailed troubleshooting guide for managing common compliance issues.

3. Annual Notice of Compliance Monitoring:
• Design and implement a structured system for notifying property owners and managers of upcoming compliance monitoring deadlines. 17 Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB • Provide templates for owner certifications, tenant notifications, and required documentation.

4. Waitlist Lottery Procedures:
• Develop a fair and transparent system to manage applicant waitlists and lotteries in accordance with regulatory requirements. • Outline procedures to:
• Rank applicants based on eligibility and established preference criteria (e.g., Housing Choice Vouchers, local preferences). • Notify applicants of their placement and selection status. • Conduct periodic waitlist updates to maintain accuracy. • Provide training to property management staff on administering waitlists and lotteries.

5. Compliance Infrastructure Setup:
• Establish digital and physical filing systems to streamline document organization, retrieval, and reporting.
• Recommend compliance management software tools (if applicable). • Create a compliance calendar to track key dates, such as recertification deadlines, reporting requirements, and monitoring visits.

B. Ongoing: Services
Once the Initial Setup is established, ongoing services will include:

1. Rent Limit and Utility Allowance Charts:
• Creation and distribution of annual income, rent limit, and utility allowance charts to the City and property owners/managers, ensuring alignment with county standards.

2. Annual Notice of Compliance Monitoring:
• Notifications sent to housing developments.

3. Application and Eligibility Review:
• Review received applications.
18 Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB • Determine applicant eligibility based on lottery guidelines and preferences.

4. Ongoing Compliance Monitoring:
• Review annual developer reports to ensure adherence to regulatory requirements.
• Draft annual compliance monitoring reports for the City.

5. Property Management Training:
• Conduct annual training sessions to empower property managers with the knowledge needed for compliance.
19 Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 20 A0130-CCMYR-2025

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB 21 Fee Schedule (Program Initiation)
No. Service Price
1 Forms Creation and Initial Lease-up Training
and Procedure
$2,500
2 Property Manager Manual and Initial Training $1,500
3 Waitlist Lottery Procedures Setup $ 500
4 Cybersecurity Insurance (initial--additional)* $ 900
Total $5,400
Fee Schedule (Ongoing Services)
No. Service Price
1 Provide Annual Income, Rent Limit, and Utility
Allowance Charts
(no charge)
2 Review Housing Applications (determine
eligibility, etc.)
$90 per file
3 Review Tenant Files (determine compliance) $90 per file 4 Review Tenant Income Recertification
Documents
$90 per file
5 Review Owner Generated Compliance Reports $90 per report 6 Draft Annual Compliance Monitoring Reports
for the City
$90 per report
7 Conduct Property Management Trainings
(annual)
$800
8 Cybersecurity Insurance (additional annual)* $900
Docusign Envelope ID: D542FDEC-40E4-42F8-9ADC-B752F22D3BFB

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: GENE BURSE, SENIOR PLANNER

DENICE THOMAS, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: APPROVE A TWO-YEAR AGREEMENT FOR CONTRACTOR SERVICES, WITH TURBO DATA SYSTEMS, INC., FOR ADMINISTRATIVE CITATION PROCESSING AND COLLECTION SERVICES The purpose of this item is to seek City Council approval for the City to enter into an agreement with Turbo Data Systems, Inc., for Fiscal Years 2025-27. The City has previously entered into an agreement with Turbo Data Systems Inc. for Las Virgenes Parking Citation Processing and Collections. Under the proposed agreement, Turbo Data Systems Inc., would provide Administrative Citation Processing and Collection services that include data entry, mail processing, revenue collection, notice mailing, and online payment processing and inquiry. Both the Las Virgenes Parking Citation Processing and Collection services agreements, are for a total not-to-exceed fee of $50,000 ($25,000 per year). As the combined fee of both agreements exceeds $25,000 per year, the item requires City Council to express authorization for the City Manager to sign on behalf of the City pursuant to the Agoura Hills Municipal Code § 2107(q) for the approval of the proposed agreement.

Turbo Data Systems, Inc., has provided a proposal (Attached as Exhibits A and B) outlining the specific scope of work and associated fees.

The proposed Agreement has been reviewed by the City Attorney and approved as to form.

FISCAL IMPACT
There is no additional fiscal impact to the City Council 2025-2026 and 2026-2027 Budget years as funds were allocated in contract services account 010-4305-5520 that cover all expected annual expenses.

RECOMMENDATION
Staff recommends the City Council authorize the City Manager to sign the two-year Agreement for Contractor Services, with Turbo Data Systems, Inc., for Administrative Citation Processing and Collection Services for Fiscal Years 2025-26 and 2026-27 for a not-to-exceed fee of $50,000 ($25,000 per year).

Attachments
Agreement for Contractor Services - Turbo Data Systems.pdf

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: RAMIRO ADEVA, ASSISTANT CITY MANAGER
SUBJECT: DISCUSSION OF OPTIONS FOR SOLID WASTE HAULER CONTRACT On January 1, 2017, the City of Agoura Hills entered into an Integrated Exclusive Residential Waste Management Services Franchise Agreement with GI Industries (now operating as Waste Management, WM). This exclusive franchise agreement provides solid waste, recyclable, and green waste collection services to residential and multifamily customers within the City.

With the contract expiration approaching, City staff is seeking City Council discussion and feedback regarding next steps for providing residential and multi-family solid waste services. The two primary options are:

1. Negotiate and renew/extend the contract with the existing hauler (WM).

2. Do not extend/renew and prepare a Request for Proposals (RFP) for competitive bidding.

This discussion will guide staff on initiating the process and timeline to ensure uninterrupted services and compliance with state mandates (e.g., SB 1383, CalRecycle requirements).

Key features of the current agreement include:

Exclusive service provider for residential and multi-family accounts.

Standard services: Trash, recycling, and organics (green waste/landscape materials and food waste) collection.

Additional programs: Bulky item pick-ups, curbside household hazardous waste collection, holiday tree collection, and city facility and community event services at no cost.

City benefits: Four annual roll-off bins, disaster response services, coordinated schedules with street sweeping, and program outreach (newsletters, school programs, Chamber events).

Rate increases annually:

Annual increases tied to CPI (capped at 3%), and
Operational cost factors (fuel, insurance, equipment, landfill and processing fees, etc.).

City fees collected:

Administrative Fee: 10% of gross receipts, and
Program Fee: $0.50/account/month.

Contract Term
Initial contract term: January 1, 2017 – June 30, 2023 (6.5 years).

One optional extension (4 years) was exercised by the City.

Current contract expiration: June 30, 2027.

The following are more specific details related to each option for consideration.

Option 1: Negotiate/Extend New Agreement with current solid waste hauler, WM Re-opening discussions with WM would allow the City to update contract provisions, address current state mandates, and negotiate rates and services. This approach offers a more streamlined process, typically requiring approximately six months compared to the longer RFP timeline, and provides continuity of service with a provider already familiar with Agoura Hills routes and community needs.

There is always the possibility that negotiations with WM would be unsuccessful.  If that were to happen, the City would need to allow sufficient time to issue an RFP (approximately twelve months) and transition to a new provider.  With Option 1, staff would initiate discussions immediately with the goal of agreeing to terms sometime within the first quarter of 2026.  That would leave sufficient time to pivot to an RFP bidding process if negotiations are unsuccessful.  It is important to note that staff is not recommending any changes to the current solid waste hauler contract before its expiration on June 30, 2027.  Should the City Council direct staff to pursue Option 1, discussions would focus on the terms to take effect following the contract’s expiration, in a new contract for additional years.

To provide more context, staff thought it would be helpful to provide the following to assist with the City Council's consideration of Option 1:

Current service quality and customer satisfaction with WM:   Staff and the City's solid waste consultant, Solid Waste Solutions (SWS), receive minimal to no complaints. The City has never encountered an insurmountable issue that WM was unwilling to collaborate with to resolve, and they have proven to be reliable service providers.

City compliance with state solid waste diversion mandates:   The City effectively meets its diversion requirements for the solid waste diversion targets established by CalRecycle.

Administrative resources required for negotiation vs. RFP process:  Negotiations with WM would be an approximately 6-month process compared to an approximately 12-month process for an RFP.

Rate competitiveness:  The table below provides a comparison of Agoura Hills with some nearby cities also serviced by WM.  As shown, the rates for Agoura Hills are competitive and, in most cases, favorable to Agoura Hills.

City Hauler 64 gal 96 gal 1/3/1 Multi Family
Agoura Hills WM $29.35 $36.63 $174.19
Calabasas WM $37.58 $45.25 $255.99
Westlake Village WM $30.37 $33.48 $238.38
Moorpark WM $33.58 $36.76 $203.76
Simi Valley WM $28.29 $31.29 $167.38
Note 1: The "Most Favored City" clause only pertains to the cities of Calabasas, Hidden Hills, and Westlake Village for comparable services.

Note 2: "1/3/1" is defined as one 3-cubic-yard bin serviced once per week.

Option 2: Issue Request for Proposals (RFP)
Conducting a competitive bid process for residential and multi-family waste services, which typically requires twelve months, would demonstrate due diligence and transparency to the public. This approach could result in more competitive pricing and potential service enhancements; however, it is more time-intensive for staff and Council and may involve significant transition challenges, including container exchanges, new routing schedules, billing setup, and public outreach. Careful coordination would be required to avoid service disruptions during the transition.

FISCAL IMPACT
There is no fiscal impact to the adopted FY 2025-26 budget associated with City Council discussion at this time.

Any financial implications related to the negotiation or competitive bidding processes will be analyzed and presented to the City Council at a later date for consideration once a preferred option is identified and developed.

RECOMMENDATION
Staff respectfully recommends that the City Council discuss and provide feedback on whether to pursue Option 1 or Option 2.

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY:

MARY HADDAD, COMMUNICATIONS MANAGER

AMY BRINK, DIRECTOR OF COMMUNITY SERVICES

RAMIRO ADEVA, ASSISTANT CITY MANAGER
SUBJECT: DISCUSSION REGARDING ECONOMIC DEVELOPMENT UPDATE Over the past year, the City of Agoura Hills has significantly expanded its Economic Development efforts in response to concerns about retail vacancies, business retention, and regional competition. What began in mid2023 as a focused response to increasing vacancies has evolved into a coordinated, multi-pronged strategy to strengthen the local economy, support businesses, and enhance the City’s role as a business-friendly community.

In mid-2023, the City engaged Kosmont Companies, a nationally recognized economic advisory firm, to assess Agoura Hills’ retail market and identify both challenges and opportunities. The Retail Market Assessment, presented to the City Council in September 2024 outlined several key takeaways:

Strong demographics (high incomes, high educational attainment) create retail demand.

Regional competition and retail vacancies present both challenges and redevelopment opportunities.

Modern consumer expectations are shifting toward experiential retail.

Strategic land use and zoning adjustments could help unlock private investment.

The report included an Economic Development Toolkit with strategies in nine areas such as business attraction, land use, public-private partnerships, and marketing. The City Council during that meeting asked staff to engage with the business community and identify ways in which we can start and improve our business efforts in the City.

In direct response to City Council direction, the City formed a dedicated Economic Development Team in late 2024 to lead outreach, build relationships, and improve internal processes. Since its formation, the team has:

Hosted business networking events (e.g., December 2024 event with an estimated 45 participants).

Launched a Business Newsletter, social media Business Highlight program, and a new Economic Development webpage.

Conducted outreach to property owners, commercial real estate professionals, and prospective businesses.

Formed partnerships, including the successful launch of the Ladyface Marketplace at Whizin Market Square.

Visited other cities (e.g., Moorpark, Oxnard) to study best practices.

Launched a communitywide survey to understand resident and business needs.

Key Themes Identified Through Outreach:

Permitting and zoning challenges were cited as barriers by both business owners and real estate professionals.

Businesses expressed interest in having a City liaison or "concierge" to assist them.

There is strong demand for more restaurants, entertainment, and family-friendly amenities.

Interest in education and resource workshops (e.g., marketing, legal, grant support) was high. 86% of survey respondents said they often leave Agoura Hills to dine or shop elsewhere—most commonly in Calabasas, Thousand Oaks, and Westlake Village.

Throughout the process of expanding our Economic Development efforts, staff has kept the Land Use / Economic Development Subcommittee (Subcommittee) updated on all of our efforts. Most recently, staff presented a report on June 10, 2025, regarding our Communitywide Survey. The Subcommittee requested that the Economic Development Team return with a table that identifies process barriers that hinder business attraction and retention, potential solutions, and examples on how other Cities have implemented such changes. The table goes as follows:

Internal Barrier Issue Potential Solutions Other Cities Outdated Use Table
New or experiential
businesses not listed in
the commercial use table
are currently prohibited
unless approved by
Planning Commission,
which is time-consuming
and uncertain.

1. Amend AHMC §9312.1
to allow the Community
Development Director to
administratively approve
unlisted but similar uses.

2. Create a new category:
“Retail – Experiential” for
permitted uses in select
commercial zones.

3. Consider a
comprehensive update to
the commercial use table.

Calabasas uses Directorlevel discretion for similar
uses.

Westlake Village offers
broad use categories in
lieu of a rigid use table.

Parking Requirements for
New Tenants
Parking demands for new
tenants often exceed
what's available in older
shopping centers,
blocking tenant approvals
without Planning
Commission review.

1. Treat experiential retail
uses the same as general
retail for parking
calculations.

2. Allow administrative
approval of parking
reductions via parking
studies.

3. Offer incentives for
smart parking systems,
rideshare, AH GO use, and
shade tree installation in
exchange for reduced
parking minimums.

Thousand Oaks and
Calabasas evaluate
parking case-by-case but
are also exploring
flexibility through modern
strategies.

CUP Requirement for
Restaurants Serving
Alcohol (Type 41/47)
New restaurants serving
alcohol must go through a
CUP process, even if the
alcohol license type is
standard and tied to food
service.

1. Allow administrative
approval of Type 41/47
licenses (beer/wine and
full-service with food) and
PCN findings.

2. Establish standard
hours of operation for
these administrative
approvals, with flexibility
via CUP if needed.

Many cities streamline
approvals for common
license types (41/47) to
encourage restaurant
growth while still
maintaining oversight.

At the June 25, 2025, Land Use / Economic Development meeting, staff presented this chart. The Subcommittee approved taking this chart to the entire City Council for discussion. Following tonight's discussion, City staff will work on implementing these changes as requested.

As part of the City's Fiscal Year 2025-26 and 2026-27 Budget process, the City Council identified Economic Development as a priority area. This specifically translates to the goal of City staff taking the time to explore an Agoura Hills Downtown Concept Plan. Following approval of the Biennial Budget, $50,000 has been allocated for this process. Staff has identified a tentative timeline for this project for the City Council's review. That tentative timeline is attached to this report.

FISCAL IMPACT
There is no fiscal impact to this update.

RECOMMENDATION
The Land Use / Economic Development Subcommittee recommends that the City Council review and approve proposed potential solutions highlighted in the chart and provide any additional direction for staff related to Economic Development efforts.

Attachments
AH Downtown GANTT CHART (6) (1).pdf
Concept Plan schedule

START END NOTES
Task Initiation (FY 2025-26) 7/21/25 6/30/25
1 Meet with Property Owners 7/21/25 9/11/25
It will be important to be having these conversations with property owners while we prepare/solicit the Concept Plan RFP since the plans will be to develop their property.
2 Prepare RFP for Concept Plan 7/21/25 8/1/25
3 Solicit RFP (Consultant for Concept Layout) 8/5/25 8/26/25 Shortened to 3-weeks. 4 Proposal review and consultant selection process 8/27/25 9/4/25 5 Award contract for Consultant Services to prepare Concept Plan 9/10/25 9/10/25 This Council meeting is possible IF no oral interviews are needed to select a consultant. If oral interviews are needed, the contract award would happen at the September 24, 2025 mtg.
6 Oral interviews for consultant selection process. 9/8/25 9/11/25 If oral interviews needed. 7 Award contract for Consultant Services to prepare Concept Plan 9/24/25 9/24/25 If oral interviews needed.

AGOURA HILLS DOWNTOWN
8 Contract work with consultant (prepare draft, outreach/engagement, feedback, final draft, subcommittee, Council)
9/25/25 3/31/26
If we determine no oral interviews are needed and we are able to award the contract on 9/10 instead of 9/24, everything on the schedule from this point down would shift up by twoweeks. 9 Prepare RFP for Feasibility analysis (economics, traffic, sustainability, emergency impact, etc) 4/1/26 4/22/26 Assumes City Council gives direction to move forward with feasibiity analysis following Concept Plan work.
10 Solicit RFP for Feasibility Analysis 4/23/26 5/14/26 Shortened to 3-weeks. 11 Proposal review and consultant selection process 5/15/26 5/29/26 12 Award contract for Consultant Services for Feasibility Analysis 6/10/26 6/10/26 Award the contract and get all the contract docs in place and be ready to start work July 1, 2026.
13 Prepare contract documents (agreement, insurance, etc) 6/11/26 6/30/26 14 Begin Feasibility Analysis 7/1/26
NOTES:
1 2
Another challenging piece to this will be housing-related discussions. We'll need to involve HCD on how they'll conduct any review of our certified Housing Element if we approach them before the current cycle ends. One of the specific points of focus will be the review of the Housing Element and the # of units in the housing overlay on the Kanan properties, and how/what can actually be shifted to potential housing in the new downtown/activity area we're hoping to create near City Hall. We will also involve our City Attorney's office as we research whether this will be a "No Net Loss" scenario wherein any units created near City Hall can simply replace the same amount of units currently planned on the Kanan Properties, or will HCD look at this as a full amendment and/or reopening of the entire Housing Element for review. We'll also need to look at the relation to our General Plan and CEQA as we navigate options to potentially rezone properties as part of this process. These discussions will be occurring concurrently over this fiscal year alongside the schedule outlined above for the Concept Plan.

Task 8 will include details of next steps along with available tools to consider (ie: development agreement, zone changes; as well as estimated costs for the Feasibility analysis phase which would need to be budgeted for in FY 2026-27.

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: MARY HADDAD, COMMUNICATIONS MANAGER

RAMIRO ADEVA, ASSISTANT CITY MANAGER
SUBJECT:

DISCUSSION TO CONSIDER APPROVING FUNDING OF $25,000 TO LIBERTY CANYON LINKAGE PROPOSED PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE GRANT PREAPPLICATION TO WILDLIFE CONSERVATION BOARD The California Wildlife Conservation Board (WCB) is seeking applications to protect, restore, and enhance habitat, and provide access to nature throughout the state. The City of Agoura Hills has the opportunity to submit a preapplication to support the permanent protection of one of California’s most critical remaining wildlife corridors consisting of 64 subdivided residential parcels totaling approximately 56.2 acres. This corridor represents the last major unprotected piece of open space connecting habitat in the Santa Monica Mountains to the Wallis Annenberg Wildlife Crossing at Liberty Canyon. The property has an assumed/appraised value, but the sellers are willing to discuss a negotiated price.

This project is directly aligned with the City’s long-standing commitment to preserving open space, protecting ecological resources, and supporting regional wildlife connectivity. The proposed contribution represents a strategic investment in a once-in-a-generation conservation opportunity, while maintaining the majority of the Open Space Fund balance for future open space projects. Should Council wish to consider a different contribution amount, staff can adjust accordingly and assess other funding sources if appropriate. The current funding available to consider includes $116,891 for Fiscal Year 2025-26.

The Land Use / Economic Development Subcommittee (LUEDC) has reviewed the pre-application at their July 28, 2025, meeting, and supporting documents are also attached to this report, so that staff would be able to submit the pre-application on time. The LUEDC recommended that we begin at a $25,000 contribution amount and then discuss the final amount at the August 13, 2025, City Council meeting. The pre-application was submitted on Wednesday, July 30, 2025, with the notion that we are pending City Council approval of a set funding amount. This finalized amount will be communicated with the WCB as they continue to review the pre-application and provide next steps to the City.

If approved, the City Manager will proceed and continue to coordinate next steps. The City Council will be kept informed of key milestones, including confirmation of funding and any formal acquisition timelines.

FISCAL IMPACT
Staff recommends a $25,000 contribution from the City’s Open Space Fund, which currently includes:
$116,891 for Fiscal Year 2025–26
The designated funding amount decided by the City Council will impact Fund 013.

RECOMMENDATION
Staff recommends that the City Council approve a $25,000 contribution from the City’s Open Space Fund or discuss further to support the acquisition of the approximately 56.2-acre Liberty Canyon Linkage property by the Mountains Recreation and Conservation Authority (MRCA), and authorize the City Manager to continue with next steps on the pre-application process and report back on next steps as the acquisition progresses.

Attachments
LibertyCanyonLinkage PreApp_WCB.pdf
Liberty Canyon Linkage Project_PreApplicationAttachment WCB Project Pre-Application:
(Up to 4 pages not including photographs or maps)
Send completed pre-application to [email protected]. To be accepted by our system, the pre-application must be a MS Word document with the phrase “PreApp” or “PreApp” in the file name. Please include all maps and photos in the same Word document. If you need to attach maps or photos as separate files, make sure they are in a .pdf file format only.

Project
Project Name: Liberty Canyon Linkage
Brief Summary (one paragraph): The City of Agoura Hills seeks to protect the most critical remaining property in the State of California’s highest priority wildlife linkage. The City of Agoura Hills proposes to acquire the approximately 56.2-acre Liberty Canyon Linkage property from JR Agoura LLC and RPP Holdings LLC through a bargain sale, supported by an appraisal from Mike Teobaldi, MAI (DGS review pending). The property's appraised value is $21,000,000, and the sellers are willing to entertain a discounted purchase price of $13,000,000, significantly enhancing the public value of the acquisition. This strategic acquisition comprises 64 subdivided residential parcels, presenting a rare and time-sensitive opportunity to consolidate fragmented land that would otherwise be vulnerable to piecemeal development. Permanently protecting this property will complete a decades-long conservation vision and secure the final critical piece of habitat leading to the Wallis Annenberg Wildlife Crossing at Liberty Canyon— one of the most significant wildlife connectivity projects in the state. The project aligns with numerous regional and statewide conservation priorities, including Pathways to 30x30, the Santa Monica–Sierra Madre Connector Conceptual Area Protection Plan, the Santa Monica Mountains Comprehensive Plan, the South Coast Missing Linkages Strategy, the California State Wildlife Action Plan, and the Los Angeles County-designated Santa Monica Mountains Significant Ecological Area. Acquisition of the Liberty Canyon Linkage property represents a high-impact, multi-benefit investment in permanent land protection, climate resilience, wildlife connectivity, and long-term ecological integrity in the Santa Monica Mountains, all for a highly leveraged value to the public. In the future, the City of Agoura Hills plans to donate this land to the Mountains Recreation and Conservation Authority (MRCA) to preserve and manage the open space.

Total cost (round up to nearest $1,000): $13,000,000
Amount requested from WCB (round up to nearest $1,000): $8,000,000 Start date: 7/30/2025
End date: 12/31/2026
Project type (select one): Fee Title Acquisition
Primary Habitat Type (select one): Wildlife Corridor
Wildlife Conservation Board
Pre-application

Page 2 ends

Total Acres: 56.2
Location
Primary County: Los Angeles
Specific location (Assessor Parcel Number or address if available): 2061-027-009 Nearest City (distance and direction): Agoura Hills
Latitude (decimal degrees): 34.14130
Longitude (decimal degrees): -118.75039
Point represented by the Latitude and Longitude coordinates (e.g., center of project site): Click or tap here to enter text.

Is the Project in a Disadvantaged or Climate Vulnerable Community? Use both mapping tools:

Severely Disadvantaged Community? (select one): No
75-100th percentile in CalEnviroScreen? (select one): No Applicant
Organization name: City of Agoura Hills
Organization type: Local Government
Primary applicant’s contact name and title: Nathan Hamburger, City Manager Phone: (818) 597-7308
E-mail address: [email protected]
Mailing address: 30001 Ladyface Court, Agoura Hills CA, 91301 Landowner
Landowner name: JR Agoura LLC and RPP Holdings LLC
Landowner type: Private
Project Overview
Describe the proposed project. Quantify the project’s goals and expected outcomes/benefits.

Identify the major tasks involved in the project. Describe why the project needed. Attach a map of the project location (and photos if helpful), and briefly describe the project location. Be specific about the portion of the project that would be funded by this request.

The project proposes for the City of Agoura Hills to purchase the approximately 56.2-acre Liberty Canyon Linkage Property and donate it to the MRCA to add it to 90,000+ acres of Wildlife Conservation Board
Pre-application

Page 3 ends

expertly managed conservations lands in Southern California. By purchasing 64 residential lots from a single owner, this project has the ability to prevent almost certain fragmentation of a landscape prioritized for wildlife movement. The property is adjacent to a series of critical conservation investments including the Wallis Annenberg Wildlife Crossing at Liberty Canyon, and countless conservation purchases such as Triangle Ranch and Cornerstone Ranch (the State of California’s investment in habitat connectivity at Cornerstone Ranch would be greatly diminished if the subject were developed). In short, the property is both critical for biodiversity conservation and habitat connectivity as well as public access.

The acquisition project’s goals, outcomes and benefits align with the following WCB Strategic Plan goals, objectives, and targets:

B1.1 and B1.2 – The project is an acquisition of 56.2-acres in fee title that builds on one of the most important wildlife linkages in California. Investing hundreds of millions of dollars over decades, the conservation community’s vision for an interconnected Santa Monica Mountains National Recreation Area culminated in the groundbreaking of the Wallis Annenberg Wildlife Crossing at Liberty Canyon on Earth Day in 2022, and this acquisition fills a critical gap in protected habitat leading to the overcrossing. Nearly every transportation and wildlife agency, from Caltrans and the Department of Fish and Wildlife to the Santa Monica Mountains Conservancy and the National Wildlife Foundation, have deemed the location the highest of priorities for wildlife connectivity, reflective of the “highly collaborative inter-agency efforts to identify and conserve the highest-priority linkages in the South Coast Ecoregion,” called for in the South Coast Missing Linkages Project.

B2.2 – B2.3 – The project is a priority acquisition in multiple state and regional biodiversity protection plans, including the State Wildlife Action Plan (Conservation Strategy 1), Pathways to 30x30 (Pathway 2) Santa Monica Mountains Conservancy Acquisition Work Program, South Coast Missing Linkages Project: Santa Montica to Sierra Madres Mountains Linkage Design, and is a portion of the Los Angeles County Santa Monica Mountains Significant Ecological Area. The property includes a mix of chapparal, coastal sage scrub, oak woodland, riparian sage scrub, and native and annual grassland, all of which support native pollinators. Adjacent properties support federally listed Agoura Hills dudleya and Lyon’s pentachaeta, and other species of concern include crotch bumble bee, Ojai navarretia, and Santa Susanna tarplant. Mule deer, American badger, California quail, dozens of reptiles and of course mountain lions use the property as part of their core habitats and as linkage to other areas of their range.

A1.3 – In the future should funding be secured, the property will go into MRCA’s 90,000+ acres of open space lands managed for passive recreation and wildlife habitat, and includes a critical segment of the proposed Simi to the Sea Trail. While the Wallis Annenberg Wildlife Crossing will be pivotal to connecting wildlife movement from the Santa Monica Mountains to the Simi Hills, and ultimately up to the San Gabriel and Sierra Madre Mountains, the Simi to the Sea Trail will provide a similar connection for non-motorized recreational users. Additionally, the property is in the Rim of the Valley Trail Corridor, a regional trail proposed by the National Park Service and Congressman Adam Schiff, but connects through the Agoura Hills Linear Park, a local park Wildlife Conservation Board
Pre-application

Page 4 ends

proposed for development.

To conclude, the projects aims to protect sensitive habitat in of the most important wildlife linkages in California, and provides critical section of the Simi to the Sea Trail, a long desired public access amenity. While the project site itself is not in a disadvantaged community, the Santa Monica Mountains have been a refuge for millions of disadvantaged residents within an hour’s drive, and recent work with the Chumash group at the Wallis Annenberg Wildlife Crossing could yield some fruitful conversations about co-management for that historically marginalized community.

Environmental Review (CEQA)
The proposed project…. (select the appropriate answer):
☐ Is not a project under CEQA. Briefly specify why in the box below. ☒ Is exempt under CEQA. Provide the CEQA exemption number and specify how the project meets the terms of the exemption in the box below. ☐ Requires Neg Dec, MND, or EIR. Specify the lead CEQA agency (the agency preparing the document) and the (expected) completion date in the box below. Please note that WCB will need to review and approve any CEQA document.

The Project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be Categorically Exempt per the CEQA Guidelines California Code of Regulations §15313 (Class 13 exemption). This exemption applies to the acquisition of lands for fish and wildlife conservation purposes, and this Project would involve the acquisition of 64 lots for the purpose of protecting a critical wildlife corridor, therefore qualifying the Project under a Class 13 exemption. No exception to this categorical exemption applies as set forth in §15300.2 of the CEQA Guidelines, including but not limited to, subsection (c) which relates to unusual circumstances that could have a significant effect on the environment.

Other Funding Sources
Please list all of the sources of cost share. Please indicate if other funding sources have been secured or are pending (applied for but not yet awarded).

Source Amount ($) Status - Secured
/ Applied for
SMMC Prop 4 $3M Exploring
Private Philanthropy $2M Exploring
Mountains Recreation and Conservation
Authority
$100k Exploring
City of Agoura Hills $25K Pending City
Council Approval
TOTAL $5,125,000
Liberty Canyon Linkage Project
View of the subject property
looking south. The City of
Agoura Hills is in the
foreground, including
Highway 101 and the Wallis
Annenberg Wildlife Crossing.

MRCA’s Triangle Ranch is in
the background, with more
California State Parks,
National Park and other
conservation lands in the
Santa Monica Mountains
National Recreation Area
stretching southward to the
Pacific Ocean.

Liberty Canyon Linkage Project
View of the subject property
looking west. Ladyface
Mountain is in the
immediate background with
MRCA’s Triangle Ranch and
Cornerstone Ranch in the
foreground. The area is
dominated by coastal sage
scrub and chappara,
providing for safe passage
along the east-west corridor
of the Santa Monica
Mountains towards the
Wallis Annenberg Wildlife
Crossing.

Liberty Canyon Linkage Project
An overhead rendering of the
Wallis Annenberg Wildlife
Crossing and blooms from the
federally listed Lyon’s
pentachaeta. The subject
property is to the west of the
rendering and adjacent to one of
the largest documented
populations of the endangered
flower, which is largely
extirpated throughout its
historical range. They are also
likely present on the subject
property but not confirmed.

Liberty Canyon Linkage Project
Western Santa Monica Mountains Work Program 2000 Project Areas.

REPORT TO CITY COUNCIL
DATE: AUGUST 13, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: RAMIRO ADEVA, ASSISTANT CITY MANAGER
SUBJECT:

APPROVE LETTER TO THE CALIFORNIA BOARD OF FORESTRY AND FIRE PROTECTION REGARDING THE PROPOSED ZONE 0 REGULATIONS
At the request of Mayor Penny Sylvester, staff is bringing forward a proposed letter to the California Board of Forestry and Fire Protection (CAL FIRE) regarding the draft Zone 0 regulations currently under consideration. The proposed letter conveys the City of Agoura Hills’ position of support for wildfire prevention efforts while also encouraging a balanced, science-based, and regionally flexible approach to regulation.

The Zone 0 regulations, mandated by the Governor’s Executive Order, would establish defensible space requirements within the first five feet of a structure. The letter emphasizes the City’s desire for achievable and reasonable regulations that reflect the unique conditions of our community, while remaining aligned with the shared goal of reducing wildfire risk and saving lives.

The Governor’s Executive Order requires these regulations to be in place by the end of 2025. Draft regulations have been released for public review, generating significant feedback from local governments, fire agencies, homeowners, and environmental organizations. Comments have raised concerns about the potential impacts on existing landscaping, protected species, biodiversity, and homeowner compliance, while acknowledging the need for enhanced fire prevention measures.

Given Agoura Hills’ location in a Very High Fire Hazard Severity Zone (VHFHSZ) and its experience with significant wildfires such as the Woolsey and Kenneth Fires, the City has a vested interest in participating in this process. The proposed letter expresses appreciation for the Board’s work while highlighting the importance of flexible, scienceinformed regulations tailored to regional conditions.

The draft letter (attached) outlines the City’s supportive but cautious position. Key points include:

Recognition of the importance of defensible space and the intent of Zone 0 regulations to protect lives and property.

Encouragement for science - and research-based decision-making rather than blanket restrictions.

Emphasis on balancing wildfire prevention with environmental considerations, such as biodiversity, habitat protection, and the role of certain plants in fire resilience.

Concerns about a one-size-fits-all approach, given the diverse conditions across California communities.

A call for achievable, realistic, and enforceable regulations that will gain public acceptance and promote compliance.

If approved, staff will send the letter to the California Board of Forestry and Fire Protection to be included in the public record. Staff will continue monitoring developments on the Zone 0 regulations and provide updates to the City Council as new information becomes available.

FISCAL IMPACT
There is no fiscal impact associated with submitting this letter.

RECOMMENDATION
Staff recommends that the City Council approve the attached letter to the California Board of Forestry and Fire Protection regarding the proposed Zone 0 regulations and authorize the Mayor to sign and send the letter on behalf of the City Council.

Attachments
Zone 0 Regulations Letter (Letterhead).pdf
30001 Ladyface Court, Agoura Hills, CA 91301-2583 • Telephone (818) 597-7300 • Fax (818) 597-7352 Website: agourahillscity.org
August 13, 2025
Board of Forestry and Fire Protection
California Department of Forestry and Fire Protection (CAL FIRE) P.O. Box 944246
Sacramento, CA 94244-2460
Re: Comments on Proposed Zone 0 Regulations
Dear Committee Members,
On behalf of the Agoura Hills City Council, I would like to express our appreciation for the tremendous work the California Board of Forestry and Fire Protection has undertaken in developing the proposed Zone 0 regulations. We recognize the urgency of addressing wildfire risks across our state and deeply value the Board’s leadership and commitment to protecting communities, property, and lives.

As a city located in one of California’s most fire-prone regions, profoundly impacted by fire events such as the Woolsey Fire and most recently the Kenneth Fire, we understand firsthand the critical importance of defensible space and proactive measures to reduce wildfire threats. We share the Board’s goal of safeguarding communities and support the intent behind Zone 0. However, after carefully reviewing the proposed regulations, as well as comments and letters submitted by other stakeholders, agencies, and individuals, we believe there is a need for balance and flexibility in the final approach.

While we support the core objective of creating safer zones around homes and structures, we respectfully urge the Board to consider the following points as it refines the regulations:
• Avoid a One-Size-Fits-All Approach: California’s diverse geography, vegetation, and climate conditions mean that what works in one region may not be feasible or even appropriate in another. A uniform ban on all landscaping within Zone 0 may not reflect this diversity or the varying levels of fire risk across the state. • Science- and Research-Based Decisions: We encourage the Board to rely on robust scientific research to guide final regulations, including studies showing that not all “Gateway to the Santa Monica Mountains National Recreation Area” vegetation is equally flammable and that certain plants can enhance fire resilience and ecological health.
• Environmental and Wildlife Considerations: Vegetation removal, particularly of mature oak trees and other protected species, can negatively impact biodiversity and wildlife habitat. The environmental benefits of landscaping, including mitigating urban heat island effects and supporting local ecosystems, should be factored into regulatory decisions.
• Achievability and Public Buy-In: For Zone 0 regulations to succeed, they must be practical and realistic for homeowners to implement. A balanced approach will foster community support and help achieve broad compliance, critical for meaningful wildfire risk reduction.
• Insurance and Community Impacts: Landscaping can play a role in stabilizing property values and keeping insurance markets viable. Regulations should be crafted with awareness of these secondary impacts.

We deeply respect the expertise of the Board and the many fire science professionals engaged in this effort. Our comments are not meant to diminish the urgency of action but to highlight the importance of ensuring that any final regulations are flexible, regionally adaptive, and informed by sound science. We believe this balanced approach will ultimately lead to more sustainable and effective outcomes for wildfire prevention.

The City of Agoura Hills is hopeful that the final regulations will achieve the shared goal of protecting lives and property while recognizing the ecological and practical realities faced by communities like ours.

Thank you for your dedication to this vital issue and for considering our perspective as part of the public comment process.

Sincerely,
Penny Sylvester
Mayor, City of Agoura Hills

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