period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Zuma Foundation Inc. shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Zuma Foundation Inc., their agents, representatives, employees, or sub Zuma Foundation Inc.
Primary/Noncontributing. Coverage provided by Zuma Foundation Inc. shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Zuma Foundation Inc. or City will withhold amounts sufficient to pay premium from Zuma Foundation Inc. payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Zuma Foundation Inc. or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Zuma Foundation Inc. hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub Zuma Foundation Inc.
Enforcement of Contract Provisions (Non Estoppel). Zuma Foundation Inc. acknowledges and agrees that any actual or alleged failure on the part of the City to inform Zuma Foundation Inc. of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
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 26 EXHIBIT C
Zuma Foundation Inc.
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 Zuma Foundation Inc. maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Zuma Foundation Inc. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Zuma Foundation Inc. agrees to oblige its insurance agent or broker and insurers to provide the 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.
If any of the Zuma Foundation Inc.’s insurers are unwilling to provide such notice, then Zuma Foundation Inc. shall have the responsibility of notifying the City immediately in the event of Zuma Foundation Inc.’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Zuma Foundation Inc.’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Zuma Foundation Inc. agrees to ensure that its sub Zuma Foundation Inc., subcontractors, and any other party who is brought onto or involved in the project/service by Zuma Foundation Inc. (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Zuma Foundation Inc. under this Agreement. Zuma Foundation Inc. agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
However, in the event Zuma Foundation Inc.’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Zuma Foundation Inc. may still be able to utilize the Subcontractor provided Zuma Foundation Inc. shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Zuma Foundation Inc., but in all other terms consistent with the Zuma Foundation Inc.’s requirements under this Agreement. This provision does not relieve the Zuma Foundation Inc. of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Zuma Foundation Inc. with the ability to utilize a Subcontractor who may be otherwise qualified 27 EXHIBIT C
Zuma Foundation Inc.
to perform the work or services but may not carry the same insurance limits as required of the Zuma Foundation Inc. under this Agreement given the limited scope of work or services provided by the subcontractor. Zuma Foundation Inc. agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Zuma Foundation Inc. ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Zuma Foundation Inc., the City and Zuma Foundation Inc. may renegotiate the Zuma Foundation Inc.’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Zuma Foundation Inc. shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Zuma Foundation Inc.’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The Zuma Foundation Inc. shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
28
Agenda Item # 5.A.
Supplemental
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: May 8, 2024 Meeting date: May 13, 2024
Subject: Zuma Foundation Inc. Road Race Agreement
RECOMMENDED ACTION: 1) Review the status of the Zuma Foundation Inc. 2024 Triathlon event; 2) Consider modifications to the draft Road Race Agreement with Zuma Foundation Inc.; and 3) Provide direction to staff regarding the draft 2024-2028 Road Race Agreement.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: This supplemental report includes an attachment inadvertently omitted from the original Council Agenda Report which was published on May 3, 2024. Mr. Epstein provided correspondence regarding the goals of the organization and the decision to postpone the Triathlon to 2025 (Attachment 1).
ATTACHMENTS:
1) Zuma Foundation Inc. Correspondence
City Council Meeting
05-13-24
Item
5.A.
1 Kristin Riesgo
From: Michael Epstein <[email protected]>
Sent: Monday, April 29, 2024 10:15 AM
To: Kristin Riesgo
Cc: Steve McClary
Subject: Re: Triathlon Update
ok, thanks, in the mean time please use the following statement for the packet:
With the goal of producing a world-class triathlon event for the City of Malibu, the local community, participants, and all stakeholders involved, the Zuma Foundation is requesting to postpone The Zuma Beach Triathlon to the Fall of 2025. This decision prioritizes the safety of participants and ensures the delivery of a world-class event for the City of Malibu, local residents and athletes.
The health and wellbeing of our race participants is of the utmost importance. The ongoing construction and repair issues on Pacific Coast Highway, including the delayed completion of the Trancas Bridge project, among others, have led us to reschedule the event due to safety concerns for the thousands of athletes that come to Malibu to train on the course leading up to the race.
The Zuma Foundation is committed to delivering an exceptional triathlon experience. By adjusting our timeline to take into account the ongoing repairs on the course and Pacific Coast Highway, we can ensure optimal course conditions and a truly unforgettable event.
Most importantly, this decision prioritizes the safety of all athletes participating.
Thank you for your understanding and support of the Zuma Foundation during this transitional year.
The Zuma Foundation Board of Directors
Michael Epstein
Executive Director
Zuma Foundation Inc.
30765 Pacific Coast Highway
Malibu, CA 90265
ATTACHMENT 1
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: April 24, 2024 Meeting date: May 13, 2024 Subject: Malibu Arts Association Art Show Event Series Fee Waiver RECOMMENDED ACTION: Consider whether to approve the request from the Malibu Arts Association to waive facility use fees, staffing costs, and permit fees for an Art Show event series at Legacy Park.
FISCAL IMPACT: Waiving the facility use and permit fees will result in a loss of revenue of $6,535 for Fiscal Year (FY) 2023-24 in Account Numbers 100-0000-3461-00 (Municipal Facility Use Fees), 101-0000-3421-00 (Planning Review Fees), and 100-0000-3431-00 (Public Works Review Fees). The Legacy Park Deed Restrictions permit up to six events at the park per calendar year. These events generate revenue for the City, and waiving these associated fees limits potential revenue.
WORK PLAN: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List..
DISCUSSION: Council has approved fee waivers for the Malibu Arts Association (MAA) to conduct Art Shows at Legacy Park since 2021. MAA has successfully hosted ten (10) Art Shows while meeting all City requirements, including submitting a Temporary Use Permit (TUP) and a facility rental application. The Art Shows feature six to fourteen artists and allow MAA to raise funds for student scholarships and book purchases for the Malibu Library.
Due to the event’s success, MAA has planned a summer series of four (4) Art Shows at Legacy Park from May 2024 through August 2024. Due to the Deed Restrictions, the maximum number of allowed annual events at Legacy Park is six (6). MAA has requested that the City waive 100% of the fees associated with the event.
City Council Meeting
05-13-24
Item
6.A.
Agenda Item # 6.A.
The fees associated with two (2) days of Art Show events in Fiscal Year 2023-24 include the following:
The fees for FY 2024-25 include two days of Art Show events and are estimated with a
3.4% CPI fee adjustment. The actual rates for FY 2024-25 are not known at this time as a Fee Study is currently underway and Council has requested that staff research market rates. The following is only an estimate based on a CPI increase of 3.4%:
A TUP is required for the Art Show, and MAA has agreed to adhere to all the associated requirements. The City will use data on file for the certified public notice to property owners within a 500-foot radius of Legacy Park.
ATTACHMENTS: None.
FY 2023-24
May and June Events
Type Non-profit Rate
Facility Use ($906/day) $1,812
Staffing ($234/day) $468
Planning TUP Application Fee
Public Works TUP Review Fee
$684
$254
Total $3,218
FY 2024-25
July and August Events
Type Non-profit Rate
Facility Use ($930/day) $1,860
Staffing ($243/day) $486
Planning TUP Application Fee
Public Works Review Fee
$708
$263
Total $3,317