Agenda packet, first session — Malibu City Council, June 10, 2024 (part 1 of 4)

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR

INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Amended Agenda
CC240610_AMENDED_AGENDA.PDF
Item 3B2
Approve Warrants
CC240610_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240610_ITEM 3B3.PDF
Item 3B4
Professional Services Agreement for Federal Emergency Management Agency Technical Consulting Services
CC240610_ITEM 3B4.PDF
Item 3B5
Professional Services Agreement for On-Call Geographics Information Systems (GIS) Consulting Services
CC240610_ITEM 3B5.PDF
Item 3B6
Amendment to Agreement with Yeh and Associates, Inc.

CC240610_ITEM 3B6.PDF
Item 3B7
Professional Services Agreement for City Hall Solar Power Project

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. CC240610_ITEM 3B6.PDF
Item 3B7
Professional Services Agreement for City Hall Solar Power Project CC240610_ITEM 3B7.PDF
Item 3B8
Memorandum of Agreement with the City of Los Angeles for Water Quality Monitoring CC240610_ITEM 3B8.PDF
Item 3B9
Professional Services Agreement for Dark Sky Compliance, Plan Review, and Inspections Consulting Services Monitoring
CC240610_ITEM 3B9.PDF
Item 3B10
Increase in Fees for Prosecution and Civil Litigation Services CC240610_ITEM 3B10.PDF
Item 3B11
November 5, 2024 General Municipal Election
CC240610_ITEM 3B11.PDF
Item 3B12
Amendment to Professional Services Agreement with Granicus CC240610_ITEM 3B12.PDF
Item 3B13
Amendment to Agreement and Amendment to Memorandum of Understanding (MOU) for Implementing the Coordinated Integrated Monitoring Program (CIMP) CC240610_ITEM 3B13.PDF

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

Implementing the Coordinated Integrated Monitoring Program (CIMP) CC240610_ITEM 3B13.PDF
Item 3B14
Amendment to Services Agreement with Iris Consulting
CC240610_ITEM 3B14.PDF
Item 3B15
Proposition A Funding Exchange
CC240610_ITEM 3B15.PDF
Item 3B16
Fiscal Year 2023-24 Third Quarter Financial Report
CC240610_ITEM 3B16.PDF
Item 3B17
Amendment to Professional Services Agreement with SDI Presence (Continued from May 28, 2024)
CC240610_ITEM 3B17.PDF
Item 3B18
Contract with LAZ Parking for Parking Enforcement Services CC240610_ITEM 3B18.PDF
Item 3B19
Amendment No. 2 to Services Agreement with Rincon Consultants, Inc. Expedited Contract Planning Services
CC240610_ITEM 3B19.PDF
Item 4A
Assessment District 98-1 (Big Rock Mesa)
Documents:

14. Documents:

15. Documents:

16. Documents:

17. Documents:

18. Documents:

19. Documents:

20. CC240610_ITEM 3B19.PDF
Item 4A
Assessment District 98-1 (Big Rock Mesa)
CC240610_ITEM 4A.PDF
Item 4B
Assessment District 98-3 (Malibu Road)
CC240610_ITEM 4B.PDF
Item 4C
Assessment District 98-2 (Calle Del Barco)
CC240610_ITEM 4C.PDF
Item 4D
Amendment to Malibu Municipal Code Chapters 15.40, 15.42, and 15.44 To Require Additional Onsite Wastewater Treatment Systems (OWTS) Requirements for Home Occupation Uses that Place Additional Strain on the OWTS (Continued from May 28, 2024)
CC240610_ITEM 4D.PDF
Item 5A
Malibu Pacific Coast Highway Safety Projects Report
CC240610_ITEM 5A.PDF
Item 6A
Charmlee Wilderness Park Nature Center
CC240610_ITEM 6A.PDF
Item 6B
Malibu Library Set Aside Funds for Fiscal Year 2024-25

20. Documents:

21. Documents:

22. Documents:

23. Documents:

24. Documents:

25. Documents:

26. Documents:

Item 6B
Malibu Library Set Aside Funds for Fiscal Year 2024-25
CC240610_ITEM 6B.PDF
Item 7A
Proposal from the Malibu Film Society Requesting Waived Facility Use Fees for Screenings at City Hall (Mayor Uhring and Councilmember Silverstein) CC240610_ITEM 7A.PDF

26. Documents:

27. Documents:

HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.

HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.

HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.

Amended1 Malibu City Council
Regular Meeting Agenda
Monday, June 10, 2024
5:00 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/81645638549
Five p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
1 See the addition of Closed Session, Consent Calendar Item Nos. 3.B.18. and 3.B.19., and Councilmember Item No. 7.A.

AMENDED City Council Regular Meeting Agenda Page - 2 - June 10, 2024 Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Sections 54957, 54956.8, and 54956.9. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.

Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Performance Evaluation
Title: City Manager
Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8

1. Property Known as The Malibu Lumber Yard (3939 Cross Creek Road APN 4458-020-903) City Negotiator: City Manager Steve McClary or his Designee.

Negotiating Parties: WPG Malibu LLC, AJS Lumberyard LLC, 9308 Civic Center Drive LLC Under Negotiation: Price and Terms
Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – June 1, 2024; Amended Agenda posted June 7, 2024 Approval of Agenda

1. Ceremonial/Presentations
None.

2. Written and Oral Communications from the Public
A. Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.

B. Commission / Committee / City Manager Updates
AMENDED City Council Regular Meeting Agenda Page - 3 - June 10, 2024 C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries

3. Consent Calendar
A. Previously Discussed Items
None.

B. New Items

1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 72584-72666 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 748 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $902,498.54. City of Malibu payroll check number 5473-5474 and ACH deposits were issued in the amount of $611,625.56.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

3. Approval of Minutes
Recommended Action: Approve the minutes for the April 10, 2024 Special Meeting, April 22, 2024 Regular Meeting and April 24, 2024 Special Meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 296

4. Professional Services Agreement for Federal Emergency Management Agency Technical Consulting Services
Recommended Action: Authorize the Mayor to execute Professional Services Agreement with MNS Engineers, Inc. for Federal Emergency Management Agency (FEMA) technical consulting services in the amount up to $65,000 per year for a total amount not to exceed $195,000 for three years, to expire June 9, 2027.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 AMENDED City Council Regular Meeting Agenda Page - 4 - June 10, 2024

5. Professional Services Agreement for On-Call Geographics Information Systems (GIS) Consulting Services
Recommended Action: Authorize the Mayor to execute a Professional Services Agreements with Infinity Technologies to provide On-Call Geographics Information Systems (GIS) Consulting Services in the amount up to $65,000 per year for a total amount not to exceed $195,000 for three years, to expire June 9, 2027.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339

6. Amendment to Agreement with Yeh and Associates, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Yeh and Associates, Inc. (Yeh) for maintenance and monitoring of the Big Rock Mesa, Malibu Road, and Calle Del Barco Landslide Assessment Districts extending the term of the Agreement to expire June 22, 2025.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339

7. Professional Services Agreement for City Hall Solar Power Project Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates (Kimley Horn) in the amount not to exceed $39,800 for a feasibility analysis for the City Hall Solar Power Project.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339

8. Memorandum of Agreement with the City of Los Angeles for Water Quality Monitoring Recommended Action: Authorize the Mayor to execute a Memorandum of Agreement (MOA) with the City of Los Angeles, the County of Los Angeles, the Los Angeles County Flood Control District, the California Department of Transportation, the City of Agoura Hills, the City of Calabasas, the City El Segundo, the City of Hidden Hills, the City of Santa Monica, and the City of Thousand Oaks (Parties) to conduct water quality monitoring, sample analyses, and reporting for the Santa Monica Bay shoreline.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

9. Professional Services Agreement for Dark Sky Compliance, Plan Review, and Inspections Consulting Services Monitoring
Recommended Action: 1) Authorize the Mayor to execute a professional services agreement with Kimley-Horn and Associates, Inc. to provide Dark Sky compliance, plan review, and inspection consulting services; and 2) Authorize the Mayor to execute a professional services agreement with Clanton and Associates, Inc. to evaluate and amend the existing Dark Sky ordinance and create corresponding compliance forms.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229 AMENDED City Council Regular Meeting Agenda Page - 5 - June 10, 2024

10. Increase in Fees for Prosecution and Civil Litigation Services Recommended Action: Authorize the City Manager to execute Amendment No. 3 to the Agreement with Dapeer, Rosenblit & Litvak, LLP to increase the rates from $175/hour to $200/hour for code enforcement services, and from $210/hour to $250/hour civil litigation service, and $185 for paraprofessionals services along with an annual increase of 3% or the increase in the applicable cost of living (COLA) index, whichever is lower.

Staff Contact: City Manager McClary, 456-2489, ext. 226

11. November 5, 2024 General Municipal Election
Recommended Action: 1) Adopt Resolution No. 24-26 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities; and 2) Adopt Resolution No. 24-27 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on the date pursuant to California Elections Code Section 10403.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 296

12. Amendment to Professional Services Agreement with Granicus Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Granicus for certain projects relating to live cast streaming of public meetings, live meeting management, virtual public meeting capabilities, extending the term an additional year and increasing the compensation for services.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 296

13. Amendment to Agreement and Amendment to Memorandum of Understanding (MOU) for Implementing the Coordinated Integrated Monitoring Program (CIMP) Recommended Action: 1) Authorize the Mayor to execute a three-year extension to the Agreement with Tetra Tech, Inc., and to increase the total agreement compensation from $1,838,859 to $3,598,976 to implement the North Santa Monica Bay Coastal Watersheds Coordinated Integrated Monitoring Program (CIMP) and comply with the municipal stormwater permit (Permit); and 2) authorize the Mayor to execute a three-year extension to the Memorandum of Understanding (MOU) between the City of Malibu, Los Angeles County Flood Control District (District), and the County of Los Angeles (County) for the administration and cost sharing to implement the CIMP
Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

14. Amendment to Services Agreement with Iris Consulting Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Iris Consulting (Consultant) to complete the City’s Local Early Action Planning (LEAP) grant projects.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 AMENDED City Council Regular Meeting Agenda Page - 6 - June 10, 2024

15. Proposition A Funding Exchange
Recommended Action: 1) Adopt Resolution No. 24-28 approving the Assignment Agreement for Proposition A Local Return Fund exchange with the City of West Hollywood for FY 2023-24; and 2) Authorize the City Manager to execute the Assignment Agreement for Prop A Local Return Fund exchange.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

16. Fiscal Year 2023-24 Third Quarter Financial Report
Recommended Action: Receive and file the Fiscal Year (FY) 2023-24 Third Quarter Financial Report.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

17. Amendment to Professional Services Agreement with SDI Presence (Continued from May 28, 2024)
Recommended Action: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with SDI Presence LLC.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

18. Contract with LAZ Parking for Parking Enforcement Services Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with LAZ Parking (LAZ) for parking enforcement services.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

19. Amendment No. 2 to Services Agreement with Rincon Consultants, Inc. Expedited Contract Planning Services
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with Rincon Consultants, Inc. for expedited contract planning services related to the Cross Creek Ranch shopping center development agreement.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

4. Ordinances and Public Hearings
A. Assessment District 98-1 (Big Rock Mesa)
Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 24-20 levying an assessment for the maintenance, repair, and improvements works, systems and facilities pertaining to Assessment District 98-1 (Big Rock Mesa) for Fiscal Year 2024-2025.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 AMENDED City Council Regular Meeting Agenda Page - 7 - June 10, 2024 B. Assessment District 98-3 (Malibu Road)
Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 24-21 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-3 (Malibu Road) for Fiscal Year 2024-2025.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 C. Assessment District 98-2 (Calle Del Barco)
Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 24-22 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-2 (Calle Del Barco) for Fiscal Year 2024-2025.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 D. Amendment to Malibu Municipal Code Chapters 15.40, 15.42, and 15.44 To Require Additional Onsite Wastewater Treatment Systems (OWTS) Requirements for Home Occupation Uses that Place Additional Strain on the OWTS (Continued from May 28, 2024) Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 517 determining the project is categorically exempt from the California Environmental Quality Act and amending Chapters 15.40, 15.42 and 15.44 of the Malibu Municipal Code (MMC); and 2) Direct staff to schedule second reading and adoption of Ordinance No. 517 for the June 24, 2024 City Council meeting.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

5. Old Business
A. Malibu Pacific Coast Highway Safety Projects Report
Recommended Action: Receive and file a report on Pacific Coast Highway (PCH) Safety Projects and Special Initiatives and provide feedback to staff.

Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300

6. New Business
A. Charmlee Wilderness Park Nature Center
Recommended Action: 1) Review the facility conditions of the Charmlee Wilderness Park Nature Center; and 2) Provide direction to staff regarding moving forward with the name change in honor of Walt and Lucille Keller.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350 AMENDED City Council Regular Meeting Agenda Page - 8 - June 10, 2024 B. Malibu Library Set Aside Funds for Fiscal Year 2024-25 Recommended Action: Approve the use of Malibu Library Set Aside Funds for Fiscal Year (FY) 2024-25.

Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300

7. Council Items
A. Proposal from the Malibu Film Society Requesting Waived Facility Use Fees for Screenings at City Hall (Mayor Uhring and Councilmember Silverstein)
Recommended Action: At the request of Mayor Uhring and Councilmember Silverstein, review a proposal from the Malibu Film Society requesting waived facility use fees for screenings at the Civic Theater at City Hall and provide direction to staff, as needed.

Staff Contact: City Manager McClary, 456-2489, ext. 226 Adjournment
Future Meetings
Monday, June 24, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, July 8, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, July 22, 2024 CANCELLED
Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.

Itemsin Consent Calendar Section Ahave already been considered by theCouncil at a previousmeeting where the public wasinvited to comment, after which a decision was made. These items are notsubject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

Items in Consent Calendar Section B have not been discussed previously by the Council. If discussion is desired, an item may be removed from the Consent Calendar for individual consideration. Councilmembers may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar. Items excluded from the Consent Calendar will be taken up by the Council following the action on the Consent Calendar. The Council first will take up the items for which public speaker requests have been submitted.

Public speakers shall follow the rules as set forth under Oral Communication AMENDED City Council Regular Meeting Agenda Page - 9 - June 10, 2024 For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.

Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken. Public comment shall follow the rules as set forth under Oral Communication.

Items in New Business are items, which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.

City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.

No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.

City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

TheCity Hall phone numberis(310) 456-2489. To contact City Hall using a telecommunication device forthe deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 7
th day of June 2024 at 4:15 p.m.

Christina Muñoz, Deputy City Clerk
WARRANT REGISTER NO. 748
On June 10, 2024, the Malibu City Council allowed and approved warrant demand numbers 72584-72666 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $902,498.54. City of Malibu payroll check numbers 5473-5474 and ACH deposits were issued in the amount of $611,625.56.

PASSED, APPROVED and ADOPTED this 10th day of June 2024. ____________________________________________
Steve Uhring
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $1,514,124.10 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 30th day of May 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
6-10-24
Item

3.B.2.

DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Accounts Payable
User:

Printed:
sflores
5/29/2024 8:07 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72584 13STARS 13 Stars Media 05/16/2024 0.00 2,779.82
72585 ACCESS Access Information Intermediate Holdings LLC05/16/2024 0.00 2,546.86 72586 ACCURATE FLC Inc 05/16/2024 0.00 127.00
72587 ADVANTAN MAP Communications, Inc. 05/16/2024 0.00 261.79 72588 ALLANG All Languages Interpreting & Translation, Inc.05/16/2024 0.00 1,660.00 72589 AMERGLOB American Global Security Inc 05/16/2024 0.00 3,150.00 72590 AMERGUAR American Guard Services, Inc 05/16/2024 0.00 2,612.16 72591 ANDKET Andre Ketchedjian 05/16/2024 0.00 180.00
72592 APPLE AppleOne 05/16/2024 0.00 1,411.41
72593 ARTTREK ART Trek, Inc 05/16/2024 0.00 175.00
72594 AZURCAP Azur CART & Captioning 05/16/2024 0.00 2,054.25 72595 BUCJOH John Buckner 05/16/2024 0.00 25.00
72596 BURNS Burns Pacific Construction Inc 05/16/2024 0.00 313,607.14 72597 CASTRATE California Strategies & Advocacy LLC 05/16/2024 0.00 12,500.00 72598 CIVICPLU CivicPlus LLC 05/16/2024 0.00 320.00
72599 CIVICSO Civic Solutions, Inc 05/16/2024 0.00 18,262.50 72600 COASTALW Joseph D Smith 05/16/2024 0.00 28,285.50 72601 COOKALI Allison Cook 05/16/2024 0.00 11,175.00
72602 COOPERM Marsha Cooper 05/16/2024 0.00 650.00
72603 CRASTE Steven Crane 05/16/2024 0.00 4,622.50
72604 DANESHJ Jackline Yafai Daneshrad 05/16/2024 0.00 200.00 72605 DIPAOLAM Mark DiPaola 05/16/2024 0.00 396.00
72606 EATOTYLE Tyler Eaton 05/16/2024 0.00 373.16
72607 FAICRA Craig Faitel 05/16/2024 0.00 1,710.00
72608 FERCANOL Laura DeMieri Fercano 05/16/2024 0.00 340.00 72609 FREEA Alicia Freeman 05/16/2024 0.00 454.38
72610 FRONTIER Frontier California Inc 05/16/2024 0.00 3,455.02 72611 GALPIN Galpin Motors, Inc 05/16/2024 0.00 58,586.75 72612 GIINDUS G.I. Industries 05/16/2024 0.00 6,742.79
72613 GOVERNF Governmental Financial Service 05/16/2024 0.00 4,480.00 72614 HARTSEL Bob Harts Electric, Inc. 05/16/2024 0.00 2,965.95 72615 HASSNAT Nathan Hassall 05/16/2024 0.00 150.00
72616 IPC INC Integrated Performance Consultants Inc 05/16/2024 0.00 114,076.09 72617 JLEEENG JLee Engineering, Inc. 05/16/2024 0.00 14,960.00 72618 KIMLEY Kimley-Horn and Associates Inc 05/16/2024 0.00 1,856.65 72619 KIRKCART LaTanya KirkCarter 05/16/2024 0.00 12,525.00 72620 LACOCLE LA County Registrar-Recorder LA Co Clerk 05/16/2024 0.00 75.00 72621 LACOCLE LA County Registrar-Recorder LA Co Clerk 05/16/2024 0.00 75.00 72622 LACOWAT LA Co MalibuTreasurer-Waterworks 05/16/2024 0.00 953.31 72623 LEHROB Robert D Leh 05/16/2024 0.00 1,200.00
72624 LKJPPRO Lisa A. Burns 05/16/2024 0.00 52,350.00
72625 MALAQUA Malibu Aquatics Foundation 05/16/2024 0.00 3,997.00 72626 MANMIC Michael Anthony Manfredo 05/16/2024 0.00 400.00 72627 MASTERCO Master Cooling Corporation 05/16/2024 0.00 990.64 72628 MATRIX Matrix Consulting Group Ltd 05/16/2024 0.00 43,862.00 72629 MERRICKJ Judy M. Merrick 05/16/2024 0.00 160.00
72630 MNS MNS Engineers, Inc. 05/16/2024 0.00 3,047.50
AP Checks by Date - Summary by Check Number (5/29/2024 8:07 AM) Page 1 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72631 MONAHAN Ann Monahan 05/16/2024 0.00 480.00
72632 MRGLLC Municipal Resource Group LLC 05/16/2024 0.00 9,000.00 72633 NAICKERV Vasudevan Naicker 05/16/2024 0.00 160.00 72634 NASOMA Omar Nassar 05/16/2024 0.00 206.10
72635 NEWBURY Newbury Park Tree Service Inc 05/16/2024 0.00 31,104.28 72636 PEGASUS Robert Michael Schwieger 05/16/2024 0.00 8,250.00 72637 QUALITYC Quality Code Publishing LLC 05/16/2024 0.00 1,495.00 72638 RINCONC Rincon Consultants, Inc 05/16/2024 0.00 7,581.75 72639 ROSENSHE Sheila Jean Rudich Rosenthal 05/16/2024 0.00 360.00 72640 ROTHSTAF Roth Staffing Companies LP 05/16/2024 0.00 2,380.00 72641 RPBARRI R P Barricade, Inc. 05/16/2024 0.00 4,850.64 72642 RYLAND STLR Corporation 05/16/2024 0.00 22,525.50 72643 SHUWEN Wendi Schulze 05/16/2024 0.00 360.00
72644 SICJAK Jake Sichta 05/16/2024 0.00 150.00
72645 SKROLE Olena Skrypets 05/16/2024 0.00 800.00
72646 SPECTRUM Charter Communications Holdings, LLC 05/16/2024 0.00 209.98 72647 STAPLES Staples Contract & Commercial LLC 05/16/2024 0.00 1,027.98 72648 STRADLI2 Stradling Yocca Carlson & Rauth LLP 05/16/2024 0.00 1,920.00 72649 SUBBEN Benjamin Arthur Suber 05/16/2024 0.00 220.00 72650 TOTALGRA Brian Shore 05/16/2024 0.00 314.93
72651 TOWNSPUB Townsend Public Affairs Inc 05/16/2024 0.00 6,500.00 72652 TRIPEPIS Tripepi, Smith, & Associates 05/16/2024 0.00 12,448.75 72653 USPOSTOF United States Postal Services 05/16/2024 0.00 1,663.05 72654 VENTTRA Ventura Transit System, Inc. 05/16/2024 0.00 7,922.00 72655 VIAWEST Flexential Colorado Corp 05/16/2024 0.00 1,021.20 72656 WYLSHI Shifra Ellen Wylder 05/16/2024 0.00 800.00 72657 YUNEX Siemens Mobility. Inc. 05/16/2024 0.00 796.00 72658 AETNA Health and Human Resource Center Inc 05/28/2024 0.00 123.71 72659 BlueShie Blue Shield of California 05/28/2024 0.00 1,589.20 72660 DELTADE Delta Dental of California 05/28/2024 0.00 9,122.87 72661 ICMA457 ICMA-MissionSquare Retirement - 303615 05/28/2024 0.00 18,573.29 72662 ICMACM ICMA-MissionSquare Retirement - 108658 05/28/2024 0.00 600.00 72663 ICMADH ICMA-MissionSquare Retirement - 108650 05/28/2024 0.00 1,000.00 72664 STANDARD Standard Insurance Company N2 05/28/2024 0.00 8,642.38 72665 STANDARD Standard Insurance Company N2 05/28/2024 0.00 355.28 72666 USBANK2 U.S. Bank 05/28/2024 0.00 1,156.48
Report Total (83 checks): 0.00 902,498.54
AP Checks by Date - Summary by Check Number (5/29/2024 8:07 AM) Page 2 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 User:

Printed: 05/29/2024 - 8:07AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00072584 To: 00072666
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-2021-00 COBRA Payable Blue Shield of California PR 23.05.2024 Vision Care-Cobra-Quinto P - Jun'24 72659 9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 23.05.2024 Vision Care-Cobra-Castellanos-Mar-Jun'24 72659 37.80 100-0000-2021-00 COBRA Payable Blue Shield of California PR 23.05.2024 Vision Care-Cobra-Woodrow - Jun'24 72659 16.88 Vendor Subtotal for Section 2:0000 64.13
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 23.05.2024 Dental Insurance-Cobra-Quinto--Jun'24 72660 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 23.05.2024 Dental Insurance-Cobra-Woodrow--Jun'24 72660 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 23.05.2024 Dental Insurance-Cobra-Feldman--Jun'24 72660 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 23.05.2024 Dental Insurance-Cobra-Castellanos-Mar-Jun'24 72660 200.24 100-0000-2021-00 COBRA Payable Delta Dental of California PR 23.05.2024 Dental Insurance-Cobra-Linden--Jun'24 72660 50.06 Vendor Subtotal for Section 2:0000 400.48
Section 2:0000
100-0000-3467-00 Day Camp Fees Wendi Schulze Reissue Ck#72443 Ref - Basketball Camp Cancelled (2) 72643 360.00 Vendor Subtotal for Section 2:0000 360.00
Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 26.94 Vendor Subtotal for Section 2:3001 26.94
Section 2:3001
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 1 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 7: Yard Rental - Mar '24 72596 7,500.00 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 1: Routine Maint - Mar '24 72596 58,482.32 Vendor Subtotal for Section 2:3001 65,982.32
Section 2:3001
100-3001-5123-00 Storm Response Burns Pacific Construction Inc Task 4: Storm Response DR 4769 - Mar '24 72596 242,438.90 Vendor Subtotal for Section 2:3001 242,438.90
Section 2:3001
100-3001-5123-00 Storm Response Lisa A. Burns Disposal Fees DR 4769 - Mar '24 72624 52,350.00 Vendor Subtotal for Section 2:3001 52,350.00
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Call Outs - Mar '24 72657 190.00 100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Mar '24 72657 606.00 Vendor Subtotal for Section 2:3001 796.00
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - City Yard 4/16 - 4/30/24 72612 1,443.73 100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bus Stop/Cross Creek - May '24 72612 2,521.31 Vendor Subtotal for Section 2:3001 3,965.04
Section 2:3001
100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Supplies - Mar '24 72596 5,185.92 Vendor Subtotal for Section 2:3001 5,185.92
Section 2:3001
100-3001-6160-00 Operating Supplies R P Barricade, Inc. PW - Signs 72641 512.68 100-3001-6160-00 Operating Supplies R P Barricade, Inc. PW - Supplies 72641 875.96 Vendor Subtotal for Section 2:3001 1,388.64
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 2 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:3007
100-3007-5610-00 Fac Maintenance-Civic Center Integrated Performance Consultants Inc CCSTF Operation/Maint - Mar '24 72616 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5610-01 Fac Maintenance-Paradise Cove Integrated Performance Consultants Inc PCSTF Operation/Maint - Mar '24 72616 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5655-00 Stormwater Monitoring Integrated Performance Consultants Inc Remote Access Fee - Mar '24 72616 200.00 Vendor Subtotal for Section 2:3007 200.00
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - May '24 72610 171.10 Vendor Subtotal for Section 2:3007 171.10
Section 2:3007
100-3007-7800-00 Other Equipment Integrated Performance Consultants Inc Equipment - CCSTF - Mar '24 72616 958.15 Vendor Subtotal for Section 2:3007 958.15
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 55.14 Vendor Subtotal for Section 2:3008 55.14
Section 2:3008
100-3008-5100-00 Professional Services 13 Stars Media Ad - Community Land Feedback 5/2/24 72584 268.00 Vendor Subtotal for Section 2:3008 268.00
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 3 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:3008
100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program - Mar '24 72590 2,612.16 Vendor Subtotal for Section 2:3008 2,612.16
Section 2:3008
100-3008-5100-00 Professional Services MNS Engineers, Inc. Task 11: Trail Easement - Feb '24 72630 265.00 Vendor Subtotal for Section 2:3008 265.00
Section 2:3008
100-3008-5100-00 Professional Services Tripepi, Smith, & Associates Vacant Lot Community Outreach Svcs - Apr '24 72652 12,448.75 Vendor Subtotal for Section 2:3008 12,448.75
Section 2:3008
100-3008-5100-00 Professional Services United States Postal Services USPS Bulk Mail - Community Lands Mailers 72653 1,663.05 Vendor Subtotal for Section 2:3008 1,663.05
Section 2:3008
100-3008-5125-00 Traffic Engineering Kimley-Horn and Associates Inc Task 10: Green Fleet Policy - Mar '24 72618 1,856.65 Vendor Subtotal for Section 2:3008 1,856.65
Section 2:4001
100-4001-4203-00 Vision Insurance Blue Shield of California PR 23.05.2024 Vision Care-Elizondo - May'24 72659 9.45 100-4001-4203-00 Vision Insurance Blue Shield of California PR 23.05.2024 Vision Care-Rector J - May'24 72659 9.45 100-4001-4203-00 Vision Insurance Blue Shield of California PR 23.05.2024 Vision Care-Quintana - May'24 72659 9.45 Vendor Subtotal for Section 2:4001 28.35
Section 2:4001
100-4001-4204-00 Dental Insurance Delta Dental of California PR 23.05.2024 Dental Insurance-Rector J--May'24 72660 50.06 100-4001-4204-00 Dental Insurance Delta Dental of California PR 23.05.2024 Dental Insurance-Elizondo--May'24 72660 50.06 100-4001-4204-00 Dental Insurance Delta Dental of California PR 23.05.2024 Dental Insurance-Quintana--May'24 72660 50.06 Vendor Subtotal for Section 2:4001 150.18
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 4 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 39.60 Vendor Subtotal for Section 2:4001 39.60
Section 2:4001
100-4001-5401-00 Advertising & Noticing 13 Stars Media Ad - Youth Commission 4/11/24 72584 268.00 Vendor Subtotal for Section 2:4001 268.00
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park - May '24 72610 136.95 Vendor Subtotal for Section 2:4001 136.95
Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 12.93 Vendor Subtotal for Section 2:4002 12.93
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Swim Team & Masters Swim Program 4/2 - 4/30/24 72625 3,997.00 Vendor Subtotal for Section 2:4002 3,997.00
Section 2:4002
100-4002-5107-00 Contract Personnel Jake Sichta Reimb - Lifeguard Certification J. Sichta 72644 150.00 Vendor Subtotal for Section 2:4002 150.00
Section 2:4004
100-4004-5401-00 Advertising & Noticing Brian Shore Banners - Summer Day Camp 72650 179.15 Vendor Subtotal for Section 2:4004 179.15
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 5 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:4007
100-4007-5401-00 Advertising & Noticing 13 Stars Media Ad - Park Tales 5/2/24 72584 268.00 Vendor Subtotal for Section 2:4007 268.00
Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 5.76 Vendor Subtotal for Section 2:4008 5.76
Section 2:4008
100-4008-5107-00 Contract Personnel ART Trek, Inc Instructor - Art Trek Workshop - Apr '24 72593 175.00 Vendor Subtotal for Section 2:4008 175.00
Section 2:4008
100-4008-5107-00 Contract Personnel Marsha Cooper Instructor - Stretch & Strength - Apr '24 72602 650.00 Vendor Subtotal for Section 2:4008 650.00
Section 2:4008
100-4008-5107-00 Contract Personnel Jackline Yafai Daneshrad Instructor - Cardio Salsa - Apr '24 72604 200.00 Vendor Subtotal for Section 2:4008 200.00
Section 2:4008
100-4008-5107-00 Contract Personnel Laura DeMieri Fercano Instructor - Choir - Apr '24 72608 340.00 Vendor Subtotal for Section 2:4008 340.00
Section 2:4008
100-4008-5107-00 Contract Personnel Robert D Leh Instructor - Gymnasium for the Mind - Mar/Apr'24 72623 1,200.00 Vendor Subtotal for Section 2:4008 1,200.00
Section 2:4008
100-4008-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Yoga - Apr'24 72626 400.00 Vendor Subtotal for Section 2:4008 400.00
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 6 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:4008
100-4008-5107-00 Contract Personnel Judy M. Merrick Instructor - Relax Through Coloring - Apr '24 72629 160.00 Vendor Subtotal for Section 2:4008 160.00
Section 2:4008
100-4008-5107-00 Contract Personnel Ann Monahan Instructor - Pilates, Ballet, Jazz - Apr '24 72631 480.00 Vendor Subtotal for Section 2:4008 480.00
Section 2:4008
100-4008-5107-00 Contract Personnel Sheila Jean Rudich Rosenthal Instructor - Knitting - Apr '24 72639 360.00 Vendor Subtotal for Section 2:4008 360.00
Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 12.85 Vendor Subtotal for Section 2:4010 12.85
Section 2:4010
100-4010-5100-00 Professional Services American Global Security Inc Trancas - Security Svcs - Apr '24 72589 1,050.00 100-4010-5100-00 Professional Services American Global Security Inc Las Flores - Security Svcs - Apr '24 72589 1,050.00 100-4010-5100-00 Professional Services American Global Security Inc Equestrian - Security Svcs - Apr '24 72589 1,050.00 Vendor Subtotal for Section 2:4010 3,150.00
Section 2:4010
100-4010-5130-00 Parks Maintenance FLC Inc Trancas Park - Backflow Testing 72586 127.00 Vendor Subtotal for Section 2:4010 127.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Craig Faitel Las Flores - Playground Safety Inspection 72607 1,710.00 Vendor Subtotal for Section 2:4010 1,710.00
Section 2:4010
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 7 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount 100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - May '24 72610 539.41 100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - May '24 72610 61.12 Vendor Subtotal for Section 2:4010 600.53
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bluffs/Equestrian - May '24 72612 1,890.17 100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Charmlee Park - May '24 72612 249.70 Vendor Subtotal for Section 2:4010 2,139.87
Section 2:4011
100-4011-5401-00 Advertising & Noticing Brian Shore Banners/Signs - 2024 Chumash Day 72650 135.78 Vendor Subtotal for Section 2:4011 135.78
Section 2:4011
100-4011-6160-00 Operating Supplies R P Barricade, Inc. 2024 Chumash Day Parking/Pedestrian Safety 72641 3,462.00 Vendor Subtotal for Section 2:4011 3,462.00
Section 2:4012
100-4012-5107-00 Contract Personnel Nathan Hassall The Ripple Effect Poetry Workshop 4/27/24 72615 150.00 Vendor Subtotal for Section 2:4012 150.00
Section 2:4012
100-4012-5107-00 Contract Personnel Olena Skrypets Poetry Broadside Project Completion 72645 800.00 Vendor Subtotal for Section 2:4012 800.00
Section 2:4012
100-4012-5107-00 Contract Personnel Shifra Ellen Wylder Poetry Broadside Project Completion 72656 800.00 Vendor Subtotal for Section 2:4012 800.00
Section 2:7001
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 8 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount 100-7001-5100-00 Professional Services All Languages Interpreting & Translation, Inc. Translation Svc - School Separation Workshop 4/20/24 72588 1,660.00 Vendor Subtotal for Section 2:7001 1,660.00
Section 2:7001
100-7001-5100-00 Professional Services LaTanya KirkCarter School District Separation Consulting Feb - Apr'24 72619 12,525.00 Vendor Subtotal for Section 2:7001 12,525.00
Section 2:7001
100-7001-5100-00 Professional Services STLR Corporation School District Separation - Feb/Mar '24 72642 22,525.50 Vendor Subtotal for Section 2:7001 22,525.50
Section 2:7001
100-7001-5104-00 Lobbyist Services California Strategies & Advocacy LLC Lobbying Svcs - Apr '24 72597 12,500.00 Vendor Subtotal for Section 2:7001 12,500.00
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 16.37 Vendor Subtotal for Section 2:7002 16.37
Section 2:7002
100-7002-5100-00 Professional Services MAP Communications, Inc. Live Telephone Answering Svc - May '24 72587 261.79 Vendor Subtotal for Section 2:7002 261.79
Section 2:7002
100-7002-5100-00 Professional Services Azur CART & Captioning Remote Closed Captioning Svcs - Apr '24 72594 2,054.25 Vendor Subtotal for Section 2:7002 2,054.25
Section 2:7002
100-7002-5100-00 Professional Services Robert Michael Schwieger Broadcast Svcs - Apr '24 72636 8,250.00 Vendor Subtotal for Section 2:7002 8,250.00
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 9 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:7002
100-7002-6165-00 Website Services CivicPlus LLC Citizen Help Center Button 4/19 - 10/31/24 72598 320.00 Vendor Subtotal for Section 2:7002 320.00
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 34.18 Vendor Subtotal for Section 2:7003 34.18
Section 2:7003
100-7003-5105-00 Grant Consultant Townsend Public Affairs Inc Grant Writing Svcs - May '24 72651 6,500.00 Vendor Subtotal for Section 2:7003 6,500.00
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 19.64 Vendor Subtotal for Section 2:7007 19.64
Section 2:7007
100-7007-5100-00 Professional Services Quality Code Publishing LLC MMC Quarterly Maint 72637 1,495.00 Vendor Subtotal for Section 2:7007 1,495.00
Section 2:7021
100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 21.92 Vendor Subtotal for Section 2:7021 21.92
Section 2:7021
100-7021-5100-00 Professional Services Newbury Park Tree Service Inc Removal of Hazardous Trees - Apr '24 72635 31,104.28 Vendor Subtotal for Section 2:7021 31,104.28
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 10 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster, Tier, E911 - May '24 72610 325.74 Vendor Subtotal for Section 2:7021 325.74
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 43.58 Vendor Subtotal for Section 2:7054 43.58
Section 2:7054
100-7054-5100-00 Professional Services Governmental Financial Service CPA Svcs - FY23/24 YE & Fund 102 Recon 72613 4,480.00 Vendor Subtotal for Section 2:7054 4,480.00
Section 2:7054
100-7054-5100-00 Professional Services Matrix Consulting Group Ltd Fee Study - Jan '24 72628 2,800.00 100-7054-5100-00 Professional Services Matrix Consulting Group Ltd Fee Study - Mar '24 72628 21,062.00 100-7054-5100-00 Professional Services Matrix Consulting Group Ltd Fee Study - Apr '24 72628 9,200.00 100-7054-5100-00 Professional Services Matrix Consulting Group Ltd Fee Study - Feb '24 72628 10,800.00 Vendor Subtotal for Section 2:7054 43,862.00
Section 2:7054
100-7054-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - FY 24/25 Fee Schedule 5/2 & 5/9/24 72584 116.28 Vendor Subtotal for Section 2:7054 116.28
Section 2:7058
100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 23.60 Vendor Subtotal for Section 2:7058 23.60
Section 2:7058
100-7058-5320-00 Recruitment Expense Municipal Resource Group LLC HR Support Svcs - Apr '24 72632 9,000.00 AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 11 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7058 9,000.00
Section 2:7058
100-7058-5340-00 Transportation & Mileage Alicia Freeman Mileage - Conference/Training A. Freeman 72609 454.38 Vendor Subtotal for Section 2:7058 454.38
Section 2:7058
100-7058-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - HR Ergonomic Supplies 72647 23.78 Vendor Subtotal for Section 2:7058 23.78
Section 2:7059
100-7059-4205-00 Life Insurance Standard Insurance Company N2 PR 23.05.2024 Life Insurance-Rounding 72664 -0.07 Vendor Subtotal for Section 2:7059 -0.07
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD-Rounding 72664 0.01 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 3.08 Vendor Subtotal for Section 2:7059 3.09
Section 2:7059
100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2024 Offsite Records Services - May 72585 2,546.86 Vendor Subtotal for Section 2:7059 2,546.86
Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Fac, Cable, Teleconference - May '24 72610 514.50 100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - May '24 72610 61.12 Vendor Subtotal for Section 2:7059 575.62
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 12 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 72647 393.48 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 72647 301.09 Vendor Subtotal for Section 2:7059 694.57
Subtotal for Section 1: 100 585,008.68
Section 1: 101
Section 2:0000
101-0000-3203-01 Special Investigation Fees Steven Crane Reissue Ck#71573 Ref-Investigation Fees 27460 Latigo Bay 72603 View Dr 4,622.50 Vendor Subtotal for Section 2:0000 4,622.50
Section 2:0000
101-0000-3419-00 Credit Card Fees Omar Nassar Ref - Credit Card Fee 72634 6.10 Vendor Subtotal for Section 2:0000 6.10
Section 2:0000
101-0000-3421-00 Planning Review Fees Mark DiPaola Ref - Planning Fees PVD 24-007, 7132 Dume Dr 72605 396.00 Vendor Subtotal for Section 2:0000 396.00
Section 2:0000
101-0000-3421-00 Planning Review Fees Omar Nassar Ref - Planning Fees OC 24-154, 30254 Morning View Dr 72634 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 153.88 Vendor Subtotal for Section 2:2001 153.88
Section 2:2001
101-2001-5100-00 Professional Services Civic Solutions, Inc Contract Planning Svcs - Apr '24 72599 18,262.50 AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 13 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 18,262.50
Section 2:2001
101-2001-5100-00 Professional Services Joseph D Smith Planning Svcs - Apr '24 72600 28,285.50 Vendor Subtotal for Section 2:2001 28,285.50
Section 2:2001
101-2001-5100-00 Professional Services Allison Cook City Planning Svcs - Apr '24 72601 11,175.00 Vendor Subtotal for Section 2:2001 11,175.00
Section 2:2001
101-2001-5100-00 Professional Services JLee Engineering, Inc. Contract Planner - Apr '24 72617 14,960.00 Vendor Subtotal for Section 2:2001 14,960.00
Section 2:2001
101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Svcs - Apr '24 72638 7,581.75 Vendor Subtotal for Section 2:2001 7,581.75
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 22234 Pacific Coast Hwy - CDP 21-038 72620 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 31847 Pacific Coast Hwy - CDPWF 22-001 72621 75.00 Vendor Subtotal for Section 2:2001 150.00
Section 2:2001
101-2001-5330-00 Dues & Memberships Tyler Eaton Reimb - APA/AICP Memberships T. Eaton 72606 373.16 Vendor Subtotal for Section 2:2001 373.16
Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 21-Day 5/9/24 72584 183.60 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Wireless Tower 21-Day 5/9/24 72584 149.94 Vendor Subtotal for Section 2:2001 333.54
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 14 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:2001
101-2001-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Planning 72647 76.98 Vendor Subtotal for Section 2:2001 76.98
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 71.05 Vendor Subtotal for Section 2:2004 71.05
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - J. Renet 4/27/24 72592 1,411.41 Vendor Subtotal for Section 2:2004 1,411.41
Section 2:2004
101-2004-5330-00 Dues & Memberships Andre Ketchedjian Reimb - Board of Prof Engineers License A. Ketchedjian 72591 180.00 Vendor Subtotal for Section 2:2004 180.00
Section 2:2004
101-2004-5401-00 Advertising & Noticing 13 Stars Media Ad - Development Portal 5/2/24 72584 990.00 101-2004-5401-00 Advertising & Noticing 13 Stars Media Ad - Coastal Vulnerability Assmt 4/11/24 72584 268.00 Vendor Subtotal for Section 2:2004 1,258.00
Section 2:2004
101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 72647 232.65 Vendor Subtotal for Section 2:2004 232.65
Section 2:2012
101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 24.97 AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 15 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2012 24.97
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 34.91 Vendor Subtotal for Section 2:3003 34.91
Subtotal for Section 1: 101 89,789.90
Section 1: 102
Section 2:9204
102-9204-5100-00 Clover Heights Storm Drain Benjamin Arthur Suber CDP Mailing Radius Prep - Clover Heights 72649 220.00 Vendor Subtotal for Section 2:9204 220.00
Subtotal for Section 1: 102 220.00
Section 1: 103
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 5.92 Vendor Subtotal for Section 2:9050 5.92
Section 2:9050
103-9050-5610-00 Facilities Maintenance Bob Harts Electric, Inc. City Hall - Theater EM Ballast 72614 2,965.95 Vendor Subtotal for Section 2:9050 2,965.95
Section 2:9050
103-9050-5610-00 Facilities Maintenance Master Cooling Corporation HVAC Repair 72627 990.64 Vendor Subtotal for Section 2:9050 990.64
Section 2:9050
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 16 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount 103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - May '24 72610 345.10 Vendor Subtotal for Section 2:9050 345.10
Section 2:9050
103-9050-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - City Hall 3/6 - 5/7/24 Acct#29153093 72622 485.40 103-9050-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - City Hall Fireline 3/6 - 5/7/24 Acct#29153012 72622 467.91 Vendor Subtotal for Section 2:9050 953.31
Subtotal for Section 1: 103 5,260.92
Section 1: 203
Section 2:3009
203-3009-5145-00 Dial A Ride Services Ventura Transit System, Inc. Dial-A-Ride Program - Apr '24 72654 7,922.00 Vendor Subtotal for Section 2:3009 7,922.00
Subtotal for Section 1: 203 7,922.00
Section 1: 500
Section 2:7008
500-7008-5725-00 Other Utilities G.I. Industries Garbage - Ioki Lot - May '24 72612 214.00 500-7008-5725-00 Other Utilities G.I. Industries Garbage - Supercare Pharmacy - May '24 72612 203.62 Vendor Subtotal for Section 2:7008 417.62
Subtotal for Section 1: 500 417.62
Section 1: 515
Section 2:3010
515-3010-5100-00 Professional Services Stradling Yocca Carlson & Rauth LLP CCWTF - WW Allocation 2/13 - 3/21/23 72648 1,920.00 Vendor Subtotal for Section 2:3010 1,920.00
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 17 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:3010
515-3010-5611-00 WWTF Maintenance Integrated Performance Consultants Inc Operation, Maint, and Mgmt - CCWWTF - Mar '24 72616 96,338.25 Vendor Subtotal for Section 2:3010 96,338.25
Section 2:3010
515-3010-5640-00 Equipment Maintenance Integrated Performance Consultants Inc Equipment Maint - CCWWTF - Mar '24 72616 375.65 Vendor Subtotal for Section 2:3010 375.65
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWTF - May '24 72612 220.26 Vendor Subtotal for Section 2:3010 220.26
Section 2:3010
515-3010-5725-01 Biosolids Disposal Integrated Performance Consultants Inc Biosolids Disposal - CCWWTF - Mar '24 72616 6,850.00 Vendor Subtotal for Section 2:3010 6,850.00
Section 2:3010
515-3010-6160-00 Operating Supplies Integrated Performance Consultants Inc Operating Supplies - CCWWTF - Mar '24 72616 19.79 Vendor Subtotal for Section 2:3010 19.79
Section 2:3010
515-3010-6161-00 Chemical Supplies Integrated Performance Consultants Inc Chemical Supplies - CCWWTF - Mar '24 72616 1,508.25 Vendor Subtotal for Section 2:3010 1,508.25
Subtotal for Section 1: 515 107,232.20
Section 1: 601
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 18 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 5/9/24 72633 160.00 Vendor Subtotal for Section 2:3005 160.00
Section 2:3005
601-3005-7700-00 Vehicles Galpin Motors, Inc 2024 Ford F-150 - PS 72611 58,586.75 Vendor Subtotal for Section 2:3005 58,586.75
Subtotal for Section 1: 601 58,746.75
Section 1: 602
Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 23.05.2024 STD/LTD 72664 15.42 Vendor Subtotal for Section 2:7060 15.42
Section 2:7060
602-7060-5107-00 Contract Personnel Roth Staffing Companies LP Temporary Staff - E. Saeidi 4/28/24 72640 2,380.00 Vendor Subtotal for Section 2:7060 2,380.00
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Phone - City Hall Fac Internet - May '24 72610 859.00 602-7060-5721-00 Telephone Frontier California Inc City Hall Internet 4/28 - 5/27/24 72610 440.98 Vendor Subtotal for Section 2:7060 1,299.98
Section 2:7060
602-7060-5721-00 Telephone Charter Communications Holdings, LLC City Hall Internet May '24 72646 209.98 Vendor Subtotal for Section 2:7060 209.98
Section 2:7060
602-7060-7400-00 Computer Equipment Flexential Colorado Corp Server Colocation - May '24 72655 1,021.20 AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 19 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7060 1,021.20
Subtotal for Section 1: 602 4,926.58
Section 1: 710
Section 2:0000
710-0000-2270-44 Library Event 13 Stars Media Ad - The Ripple Effect MLSS 5/2/24 72584 268.00 Vendor Subtotal for Section 2:0000 268.00
Section 2:0000
710-0000-2270-44 Library Event John Buckner Poet - "The Ripple Effect" 5/4/24 J. Buckner 72595 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 20550 PCH - Mar '24 72630 397.50 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 33610 PCH - Mar '24 72630 1,590.00 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 33008 PCH - Mar '24 72630 795.00 Vendor Subtotal for Section 2:0000 2,782.50
Subtotal for Section 1: 710 3,075.50
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70023.05.2024 Vision Care 72659 1,496.72 Vendor Subtotal for Section 2:0000 1,496.72
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70023.05.2024 Dental Insurance 72660 8,572.21 Vendor Subtotal for Section 2:0000 8,572.21
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 20 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70023.05.2024 Life Insurance 72664 1,185.73 Vendor Subtotal for Section 2:0000 1,185.73
Section 2:0000
900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70023.05.2024 Additional Life Insurance 72665 355.28 Vendor Subtotal for Section 2:0000 355.28
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70009.05.2024 STD/LTD 72664 3,408.82 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70023.05.2024 STD/LTD 72664 3,426.15 Vendor Subtotal for Section 2:0000 6,834.97
Section 2:0000
900-0000-2027-00 Employee Assistance Health and Human Resource Center Inc PR Batch 70023.05.2024 Employee Assistance 72658 123.71 Vendor Subtotal for Section 2:0000 123.71
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70023.05.2024 PARS - EE Share 72666 956.03 900-0000-2041-00 PARS U.S. Bank PR Batch 70023.05.2024 PARS - ER Share 72666 200.45 Vendor Subtotal for Section 2:0000 1,156.48
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70023.05.2024 ICMA Def Comp - % of Salary 72661 1,017.59 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70023.05.2024 ER Contribution to ICMA 72661 3,400.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70023.05.2024 ICMA Def Comp - Flat Amount 72661 13,350.39 Vendor Subtotal for Section 2:0000 17,767.98
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 21 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497 Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70023.05.2024 ICMA Loan Program 72661 805.31 Vendor Subtotal for Section 2:0000 805.31
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70023.05.2024 ICMA - City Manager 72662 600.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70023.05.2024 ICMA - Dept Heads 72663 1,000.00 Vendor Subtotal for Section 2:0000 1,000.00
Subtotal for Section 1: 900 39,898.39
Report Total: 902,498.54
AP-Transactions by Account (05/29/2024 - 8:07 AM) Page 22 DocuSign Envelope ID: 786740E2-4E7E-4E7A-B2F9-B20B507A7497

Page 1 of 1 ends

Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: May 29, 2024 Meeting date: June 10, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the April 10, 2024 Special Meeting, April 22, 2024 Regular Meeting and April 24, 2024 Special Meeting.

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: Staff has prepared draft minutes for the Council meetings of April 10, 2024, April 22, 2024, and April 24, 2024.

ATTACHMENTS:

April 10, 2024 Special Meeting
April 22, 2024 Regular Meeting
April 24, 2024 Special Meeting
City Council Meeting
06-10-24
Item

3.B.3.
1 MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
APRIL 10, 2024

COUNCIL CHAMBERS
6:00 P.M.

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:00 p.m.

ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:

PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Kellan Martz, Deputy City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Matt Myerhoff, Media Information Officer; and Jason Lawrence, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Hans Laetz led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on April 9, 2024.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to approve the agenda. The motion carried unanimously.

City of Malibu and Santa Monica-Malibu Unified School Separation Update Deputy City Attorney Wood presented an introduction to the School District Separation update.

Mayor Uhring opened the floor for public comment. As there were no speakers present, he returned the matter to the table for discussion.

Cathy Dominico, School District Separation Consultant, presented on the school district separation negotiation process and the financial terms of the proposed School Separation Revenue Sharing Agreement. The Council and members of the public made comments and directed questions to staff and the City’s consultants throughout the presentation.

Attachment 1
2 Malibu City Council
Minutes of April 10, 2024

Page 2 of 2 ends

_________________________

ADJOURNMENT
Mayor Uhring adjourned the meeting at 8:15 p.m.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
3 MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
APRIL 22, 2024

COUNCIL CHAMBERS
6:30 P.M.

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 5:30 p.m.

ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:

PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart (arrived at 6:00 p.m.); and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein

PUBLIC COMMENT ON CLOSED SESSION
Mayor Uhring opened the floor to public comment.

Speakers: None.

RECESS TO CLOSED SESSION
At 5:31 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8

1. Property Known as The Malibu Lumber Yard (3939 Cross Creek Road APN 4458-020-903)
City Negotiator: City Manager Steve McClary or his Designee.

Under Negotiation: Price and Terms

REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:38 p.m.

ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:

Page 2 of 10 ends

_________________________
Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; Andre Ketchedjian, Senior Civil Engineer; Isabel Scheibelhut, Administrative Assistant; Tyler Eaton, Senior Planner; and Brandie Ayala, Administrative Analyst

PLEDGE OF ALLEGIANCE
Terri Davis led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.8, with Mayor Uhring and Councilmembers Grisanti, Riggins, and Silverstein present; and Mayor Pro Tem Stewart arrived at 6:00 p.m. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on April 12, 2024.

APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda. The motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of City Tile to Parker Davis for Seven Years of Service to the City of Malibu
Mayor Uhring presented the City Tile to Media Technician Davis.

Media Technician Davis thanked the Council for the recognition.

B. Proclamation Declaring April 21-27, 2024 National Volunteer Week Mayor Uhring and Public Safety Director Dueñas presented the proclamation to members of the Community Emergency Response Team (CERT), Arson Watch, and Volunteers on Patrol (VOP).

C. Presentation on the City of Malibu’s New Development Application Portal Environmental Susatianability Director Bundy and Planning Director Mollica presented on the new development application submittal and tracking portal available through the City’s website.
5 Malibu City Council
Minutes of April 22, 2024

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_________________________
The Council thanked staff for the presentation and their work on the portal.

ITEM 2.A. PUBLIC COMMENTS
Kay Gabbard congratulated Media Technician Davis. She discussed the death of Russell McMonigle on Zuma Beach. She discussed the People Concern’s homeless outreach workers who assisted Mr. McMonigle and thanked everyone who supported individuals experiencing homelessness in the City.

Brennan Lindner stated the Zuma Foundation Triathlon had not opened registration for the 2024 triathlon and expressed concern about its operations. He stated Super League Triathlon remained committed to the Malibu Triathlon and raising funds for Childrens Hospital Los Angeles and Malibu based non-profits. He stated Super League was interested in holding the triathlon in 2025 if the Zuma Foundation did not hold the event in 2024.

Tim Pera, Mountains Recreation and Conservation Authority (MRCA) Ranger, provided a Ranger activity report for the last month. He stated 243 citations were issued for parking violations. He stated extended patrols were scheduled for public safety and illegal parking issues and no service calls were generated. He stated two new rangers were hired for the coastal region. He thanked Public Safety Liaison Flores for informing MRCA of the illegal wooden structure near 25499 Pacific Coast Highway (PCH). He stated patrols were implemented at Malibu Bluffs and beach access areas due to possible encampments. He stated two citations were issued for possession of alcohol at Lechuza Beach and two citations were issued for dogs off-leash at Escondido Trail.

Julie Blunden discussed Cavalleri Road and the blind left turn onto PCH. She requested the City help in conversations with Caltrans about mitigation.

Norm Haynie thanked the Council for its work on PCH safety. He thanked Mayor Pro Tem Stewart and City Manager McClary for their efforts in Sacramento to push for speed cameras and other safety mechanisms on PCH.

Scott Dittrich discussed the Sheriff’s Department Beach Team and stated the City should not need to pay for the Sheriff’s Department to patrol the County’s beach.

He asked about the permit status of the communication tower at Santa Monica College (SMC) Malibu Campus.

Kai Kater, Amir Rosenbaum, and Roman Bastechad were not present at the time of the hearing.

Jo Drummond congratulated Media Technician Davis. She thanked the community’s volunteers for their service. She announced an art show on April 24, 2024 at Malibu High School (MHS), the Mean Girls musical at MHS, and a screening of 21 Miles in Malibu. She stated the permit for her deck had been 6 Malibu City Council
Minutes of April 22, 2024

Page 4 of 10 ends

_________________________
approved.

Harold requested the City adopt a resolution to become a second amendment sanctuary city.

Andy Lyon questioned if 600 Spring LLC had paid the $150,000 required in the settlement agreement. He questioned how the City Attorney was able to clarify a motion with a Councilmember after the meeting where the motion was made. He stated 600 Spring LLC was expanding beyond its rental space on the City’s property.

Judy Stroyer was not present at the time of the hearing.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary stated Public Works Director DuBoux had reached out to Ms. Blunden about the left turn at Cavalleri Road. He stated the California Highway Patrol (CHP) Malibu Taskforce has issued 199 citations, 180 for speeding and 19 for other factors. He stated the California Office of Traffic Safety had secured 31 digital billboards in Southern California to encourage the public to drive slowly on PCH. He stated Caltrans announced Topanga Canyon would be closed through Fall 2024. He stated City representatives went to Sacramento to support traffic safety bills, SB 1297and SB 1509. He announced the State of the City on May 10, 2024 at the SMC-Malibu Campus. He announced the launch of the community outreach project for the use of the City’s vacant land.

Community Services Director Riesgo discussed the Bluff’s Park Sidewalk Repair Project and stated the work was estimated to be complete in four weeks.

Planning Director Mollica stated SMC had applied for a Conditional Use Permit (CUP) and a variance for height for the communications tower. He stated the application had been reviewed by the City’s wireless consultant and would be scheduled for a publicly noticed Planning Commission hearing.

In response to Mayor Pro Tem Stewart, Planning Director Mollica stated SMC had agreed to repaint the tower a more natural color.

City Manager McClary stated the City had filed a petition for review of final agency action related to the new flight paths at LAX.

In response to Councilmember Riggins, Community Services Director Riesgo stated staff met with the City’s skatepark design consultants and they were finalizing materials for the plan check process. She stated the Parks and Recreation Commission had discussed ideas for fundraising.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, discussed an incident where an individual experiencing homelessness broke into a house and was 7 Malibu City Council
Minutes of April 22, 2024

Page 5 of 10 ends

_________________________
arrested. He discussed the death of Mr. McMonigle due to a medical emergency.

He discussed a burglary on Malibu Road on April 11, 2024 that involved the theft of a car. He encouraged the public to lock their doors and their cars. He discussed an incident on April 12, 2024, where an intoxicated individual rammed a gate, a Tesla, and a fence before the car was disabled. He discussed a DUI arrest on PCH near Carbon Canyon on April 19, 2024. He discussed a traffic enforcement saturation procedure on April 19, 2024. He reported 41 citations were issued, 21 for speed, and two arrested for reckless driving, during the exercise. He reported on 2024 crime statistics and stated 16 people had been arrested for reckless driving, and 24 arrested for DUI. He stated Sheriff Department staff would be at MHS each day next week to host safe driving educations activities. He discussed Deputy Alfredo Flores’s death due to injuries sustained from an explosion while qualifying at a mobile gun range. He discussed the shooting of a Century Station motorcycle officer on the freeway near West Covina and reported that his bullet proof vest saved his life.

In response to Councilmember Silverstein, Sergeant Soderlund stated most individuals arrested for reckless driving had not yet injured or killed anyone so they would not be charged with murder. He stated there were mitigating factors that lead to the charges in the crash that killed the four Pepperdine students.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended one of the development application portal presentations. He stated he attended two Malibu-Las Virgenes Council of Governments (COG) meetings, including one at the location of the new wildlife undercrossing.

Mayor Uhring addressed Mr. and Ms. Blunden and stated he would be in touch with them.

Councilmember Grisanti stated he attended the League of California Cities City Leaders Summit in Sacramento with Councilmember Riggins and she met with Assemblymember Jacqui Irwin. He stated he attended the public outreach meeting for the proposed school district separation revenue sharing agreement.

Councilmember Riggins stated she attended the League of California Cities City Leaders Summit in Sacramento and met with Assemblymember Jacqui Irwin and Senator Ben Allen. She stated she attended the Rosanna Xia Library Speaker Series event. She thanked Ms. Gabbard for reminding people about the humanity of individuals experiencing homelessness. She stated the City’s Budget Workshop would be held Wednesday night and the Beach Team budget could be discussed at that meeting. She stated she attended the public outreach meeting for the proposed school district separation revenue sharing agreement.

In response to Councilmember Riggins, Ranger Pera stated the two new rangers would cover the coastal area and the Mullholland corridor. He stated staffing was 8 Malibu City Council
Minutes of April 22, 2024

Page 6 of 10 ends

_________________________
increased on weekends when more visitors were expected. He stated maintenance personnel were working in the field everyday to clear trash. He stated there was higher staffing at the Escondido Trail on the weekends.

Councilmember Riggins thanked Planning and Environmental Sustainability staff for their work on the development application portal.

Councilmember Silverstein thanked speakers and those who submitted written comments. He stated he attended an Administration and Finance Subcommittee meeting to discuss the fee schedule. He stated he attended a meeting with Councilmember Grisanti, City Manager McClary, and Supervisor Horvath’s staff to discuss Camp Kilpatrick. He stated he attended part of the public outreach meeting for the proposed school district separation revenue sharing agreement, but there was very little public turnout. He stated he attended a meeting with Mayor Uhring at Pepperdine to discuss how to improve safety on Malibu Roads. He discussed a reckless driving incident he witnessed from a Pepperdine student. He stated he listened to the Supreme Court arguments for the Grants Pass v. Johnson case and discussed the case.

Mayor Pro Tem Stewart stated he went to Sacramento to speak to the Transportation Committee. He thanked Senator Ben Allen, the City’s lobbyist California Strategies, public speakers, City Manager McClary, Deputy City Manager Brown, and Pepperdine’s lobbyist for their work supporting speed camera bill. He stated the bill passed out of committee with a 14-1 vote. He stated the bill still had to go through the State Assembly and it would be challenging. He stated he attended an Administration and Finance Subcommittee meeting to discuss the fee schedule. He stated he attended the public outreach meeting for the proposed school district separation revenue sharing agreement. He stated he attended the COG meeting at the wildlife crossing and a COG meeting at City Hall to discuss homelessness with Supervisor Horvath. He discussed insurance companies not renewing home insurance policies and expressed concern that individuals who were uninsured or underinsured in a fire would feel that they had to defend their home from the fire. He discussed the evacuation challenges for Topanga residents while Topanga was closed at PCH for several months. He discussed The Malibu Times article reporting that Congressman Brad Sherman was including funding in the federal budget for MRCA to purchase property in the City of Malibu. He stated the City of Malibu was very interested in purchasing land for parks.

CONSENSUS
By consensus, the Council directed staff to bring back an item to consider sending a letter to Congressman Brad Sherman regarding the purchase of land for parks.

Mayor Pro Tem Stewart stated the Council’s goal was to get a skatepark built and stated Mr. Lyon’s comments were not accurate.

Mayor Uhring stated he met with Nichole Taylor from Pepperdine to discuss what can be done about speeding on PCH. He discussed Pepperdine’s disciplinary 9 Malibu City Council
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_________________________
process for students who violated the law. He stated he attended an Environmental Sustainability Subcommittee meeting and commended the Environmental Susatianability staff for their work. He stated he briefly the public outreach meeting for the proposed school district separation revenue sharing agreement. He encouraged the public to watch the revenue sharing presentation on YouTube. He stated he had heard concerns from the public that the vacant land survey was requesting too much personal information and recommended the consultant add a disclaimer that the information will not be used beyond the City’s survey. He discussed the City of Lancaster’s lawsuit against the Los Angeles County Sheriff’s Department.

In response to Mayor Uhring, City Manager McClary stated the city was monitoring the lawsuit. He explained that the City of Lancaster was contending that they were not receiving the exact services they were paying for.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.4. were pulled by the public.

MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.4. The motion carried unanimously.

The Consent Calendar consisted of the following items:

A. Previously Discussed Items
None.

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 72085-72213 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 745 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 2,508,728.02. City of Malibu payroll check number 5464-5466 and ACH deposits were issued in the amount of $ 549,083.20.

3. Approval of Minutes
Recommended Action: Approve the minutes for the February 14, 2024 Malibu City Council Special meeting, February 22, 2024 Malibu City Council Special meeting, February 26, 2024 Malibu City Council Regular meeting.

5. Acceptance of Westward Beach Road Shoulder Repair Project Recommended Action: 1) Accept the work performed by J & H Engineering General Contractors, Inc. for the Westward Beach Road 10 Malibu City Council
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Shoulder Repair Project, Specification No. 2070 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

6. City-County Municipal Services Agreement with the County of Los Angeles Animal Care and Control Department
Recommended Action: Authorize the City Manager to execute the CityCounty Municipal Services Agreement between the County of Los Angeles Department of Animal Care and Control and City of Malibu, for the period of July 1, 2024, through June 30, 2029

7. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway Recommended Action: Adopt Resolution No. 24-17 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on Pacific Coast Highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with Pacific Coast Highway in the City.

8. Housing Element Code Amendments
Recommended Action: 1) Adopt Resolution No. 24-16 initiating amendments to the Malibu Municipal Code (MMC) Title 17 (Zoning) and the Local Coastal Program to bring them into compliance with State Housing law and finding the action exempt from the California Environmental Quality Act; 2) Direct the Planning Commission to schedule a public hearing; and 3) Authorize the Mayor to execute a professional services agreement with Capstone City Planning in the amount of $101,880 to prepare and process code amendments associated with the 2021-2029 (6th Cycle) Housing Element.

The following items were pulled from the consent calendar for individual consideration:

4. Floodplain Variance – 19750 Pacific Coast Highway
Recommended Action: Adopt Resolution No. 24-11 granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at 19750 Pacific Coast Highway.

Public Works Director DuBoux presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speakers: Jo Drummond
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff. 11 Malibu City Council
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MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to: 1) adopt Resolution No. 24-11, as amended to be effective 30 days after adoption, granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at 19750 Pacific Coast Highway; and 2) provide notice to affected radius properties and bring the item back to Council if any objections were received within 30 days.

The Council discussed the item and directed questions to staff.

SUBSTUTITUE MOTION
Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-11 granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at 19750 Pacific Coast Highway.

Councilmember Silverstein withdrew his motion.

The question was called, and the motion carried 3-2, Councilmember Silverstein and Mayor Uhring opposed.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. 2024 Wastewater and Recycled Water Rate Study and Proposed Rates Recommended Action: 1) Conduct a public hearing to receive public testimony and consider all protests concerning the adoption of the wastewater and recycled water rates; 2) Unless written protests from a majority of affected parcels are received, adopt Resolution No. 24-15 establishing the wastewater and recycled water service charges for Fiscal Years 2024-2025, 2025-2026, 2026-2027, and 2027-2028.

Administrative Analyst Ayala presented the staff report.

Mayor Uhring opened the floor to public comment.

Speakers: Norm Haynie
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-15 establishing the wastewater and recycled water service charges for Fiscal Years 2024-2025, 2025-2026, 2026-2027, and 2027- 2028. The motion carried unanimously.
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RECESS At 8:36 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 8:45 p.m. with all Councilmembers present.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
A. Formula Retail Clearance Process
Recommended Action: Receive a presentation from the Planning Department describing the Formula Retail Clearance process established by Ordinance No. 431.

Planning Director Mollica and Contract Planner Joseph Smith presented the staff report.

Mayor Uhring opened the floor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

Without objection, Mayor Uhring received and filed the report.

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 9:47 p.m.

MALIBU CITY COUNCIL

REGULAR MEETING
APRIL 24, 2024

COUNCIL CHAMBERS
6:00 P.M.

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:05 p.m.

ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:

PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Renee Neermann, Finance Manager; Tracey Rossine, Environmental Programs Manager; Raneika Brooks, Senior Planner; Rebecca Evans, Senior Administrative Analyst; Adrian Fernandez, Assistant Planning Director; and Brandie Ayala, Administrative Analyst

PLEDGE OF ALLEGIANCE
Councilmember Grisanti led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on April 19, 2024.

APPROVAL OF AGENDA
MOTION Councilmember Grisanti moved, and Mayor Pro Tem Stewart seconded a motion to approve the agenda. The motion carried unanimously.

ITEM 1 NEW BUSINESS
A. Proposed Budget for Fiscal Year 2024-25
Recommended Action: Provide direction and feedback to staff on the Fiscal Year (FY) 2024-25 Proposed Budget.

City Manager McClary announced the City received an award for the Building Department of the Year Award from the California Building Officials Association. 14 Attachment 3
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_________________________
Assistant City Manager Toney presented a portion of the staff report and the Management and Administrative Services budget.

The Council directed questions to staff.

Mayor Uhring opened the floor for public comment.

Speakers: Ryan Embree, and Jo Drummond
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.

City Clerk Pettijohn presented the City Clerk Department budget.

The Council directed questions to staff.

Public Safety Director Dueñas presented the Public Safety Department budget.

The Council directed questions to staff.

Community Services Director Riesgo presented the Community Services Department budget.

The Council directed questions to staff.

Environmental Sustainability Director Bundy presented the Environmental Sustainability Department budget.

The Council directed questions to staff.

Planning Director Mollica presented the Planning Department budget.

The Council directed questions to staff.

Public Works Director DuBoux presented the Public Works Department budget.

The Council discussed the Capital Improvement Projects and directed questions to staff.

Assistant City Manager Toney presented the staff report.

The Council discussed the item and directed questions to staff.

ADJOURNMENT
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_________________________
Mayor Uhring adjourned the meeting at 8:28 p.m.

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Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Jorge Rubalcava, Senior Civil Engineer
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: April 17, 2024 Meeting date: June 10, 2023 Subject: Professional Services Agreement for Federal Emergency Management Agency Technical Consulting Services
RECOMMENDED ACTION: Authorize the Mayor to execute Professional Services Agreement with MNS Engineers, Inc. for Federal Emergency Management Agency (FEMA) technical consulting services in the amount up to $65,000 per year for a total amount not to exceed $195,000 for three years, to expire June 9, 2027.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 and the Proposed Budget for FY 2024-25 in Account No. 100-3008-5100 (Professional Services) in the amount up to $65,000 per year for a total amount not to exceed $195,000.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: The City is seeking a qualified consultant specializing in Federal Emergency Management Agency (FEMA) to provide on-call technical services. This work includes assistance in reviewing development projects within a FEMA Flood Zone, and assistance in reviewing the Malibu Creek Ecosystem Restoration Project (Rindge Dam Removal). This project may impact the City’s flood zones due to the dam’s removal.

Having a qualified consultant that is familiar with FEMA’s regulations will be helpful when reviewing and providing comments on this project.

City Council Meeting
06-10-24
Item

3.B.4.
1

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Agenda Item # 3.B.4.

The consultant will also assess the City’s FEMA Floodplain administration and provide recommendations for improvements. They will also provide a recommendation regarding entering into FEMA’s Community Rating System (CRS) program.

The CRS is a voluntary program under the National Flood Insurance Program (NFIP) administered by FEMA. It provides incentives for communities to adopt and enforce floodplain management practices that exceed the minimum NFIP requirements. The CRS program encourages proactive measures to reduce flood risk, increase community resilience, and enhance public safety.

On December 7, 2023, the City issued a Request for Qualifications (RFQ) for FEMA Technical Consulting Services. On January 18, 2024, the City received four (4) proposals.

City staff reviewed the proposals and determined that MNS Engineers, Inc. (MNS) was the most qualified and experienced to aid with any FEMA related topics. MNS has staff that once worked for FEMA and had the most experience working on the tasks requested by the City.

Staff recommends authorizing the Mayor to execute a Professional Services Agreement with MNS Engineers, Inc. in the amount up to $65,000 per year for a total amount not to exceed $195,000 for three years, to expire June 9, 2027, for FEMA technical consulting services.

ATTACHMENT:

1. Professional Services Agreement with MNS Engineers, Inc. 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of June 10, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and MNS Engineers, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating Federal Emergency Management Agency consulting services.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on June 10, 2024, and will remain in effect for a period of 3 years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with Exhibit A, Scope of Work, and cost schedule per Exhibit C. The costs of services in an amount up to $65,000 annually, for a total not to exceed $195,000. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 1
3 Agreement for Professional Services
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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.

5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination. If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of 4 Agreement for Professional Services
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liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit B which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the 5 Agreement for Professional Services
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Indemnified Parties as solely or actively negligent or to have acted with willful misconduct.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the 6 Agreement for Professional Services
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masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
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6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Jeff Edwards
City Manager Vice President
City of Malibu MNS Engineers, Inc.
23825 Stuart Ranch Road 201 N Calle Cesar Chavez, #300
Malibu, CA 90265-4861 Santa Barbara, CA 93103
TEL (310) 456-2489 x 226 TEL (805) 692-6921
FAX (310) 456-2760

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the 8 Agreement for Professional Services
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California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

JE
JE
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This Agreement is executed on _____________________, at Malibu, California, and effective as of June 10, 2024.

CONSULTANT:
_______________________________
By: Jeff Edwards
Vice President
CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK
The Consultant shall provide all professional services described herein below.

1. General Scope:

The CONSULTANT will provide technical advisory services, including but not limited to a variety of Federal Emergency Management Agency (FEMA) topics, such as reviewing developments related to City and FEMA regulations, providing an assessment of the City’s FEMA Floodplain Administration, providing recommendations regarding the City’s participation in the FEMA CRS program, other FEMA related projects; and such other services as may be required by the CITY. Services will be provided by the CONSULTANT on projects as authorized and directed by the CITY. The CONSULTANT will, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative.

The qualified firm selected shall conduct all consulting services in accordance with all local, State, and Federal laws, regulations, and executive orders applicable.

2. Consultant Tasks:

Upon request by CITY, CONSULTANT will perform, but are not limited to, the following tasks:

FEMA Technical Advisory Services
• Provide technical advisory services related to the Federal Emergency Management Agency (FEMA).
• Possess the expertise to assist the City through FEMA, State, or other agency guidelines.
• Provide plan reviewing services for FEMA related issues, developments, and/or projects.
• Provide plan reviewing services for FEMA reports, HEC-RAS studies, and/or other reports.
• Perform field investigations for FEMA related issues, developments, and/or projects.
• Review and provide comments on City procedures related to FEMA, to ensure City process complies with laws, regulations and guidelines as required by federal, state, or other agencies.
11 Agreement for Professional Services
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• Develop procedures designated to improve the City’s process and procedures as it relates to FEMA issues, developments, and/or projects. • Document permit requirements and work with City, to maintain code compliance, including but not limited to building and floodplain codes. • Provide technical assistance, plan reviewing services, to the City for the Malibu Creek Ecosystem Restoration Project, which includes the removal of the decommissioned Rindge Dam.
• Conduct a review of and provide a recommended action for the City to participate in FEMA’s Community Rating System (CRS).
• Provide other professional consultant services as directed by the City.

Support Services
• Work with the City to resolve disputes with FEMA, or other agencies as may be necessary including but not limited to the preparation of appeals. • Conduct educational sessions and training of staff that will or may be involved with the various aspects of FEMA related issues experienced within the City, including Staff from various City departments, City Attorney, City Manager, City Clerk, City Council Members and Mayor.
• Participate in meetings with the community, City, County, and Caltrans staff associated with FEMA related issues, developments, and/or projects. • Provide educational seminars/presentations to members of the public. • Represent the City in meetings with FEMA, or other agencies as may be necessary.
• Provide other professional consultant services as directed by the City.

Information Technology & Data Management
• Assist City staff in the development of IT solutions that support the management of documents and implementation of processes as it relates to FEMA.
• Develop processes for the City to properly collect data and document information as necessary to optimize compliance with federal, state, or other agencies as it relates to FEMA.
• Ensure City documentation is sufficient to respond to FEMA audits and reviews.
• Provide other professional consultant services as directed by the City. 12 Agreement for Professional Services
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EXHIBIT B

INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over 13 Agreement for Professional Services
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commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Current certification of insurance shall be kept on file with City for the contract 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. Consultant 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 Consultant, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Consultant 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant 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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14 Agreement for Professional Services
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Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Consultant 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 Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’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 Consultant’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. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant 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 15 Agreement for Professional Services
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required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant 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 Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant 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 Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge............................... $340 Senior Project/Program Manager...... 325
Project/Program Manager.................... 275
Assistant Project/Program Manager 255
Senior Project Coordinator................... 195
Project Coordinator................................. 165

ENGINEERING
Principal Engineer.................................. $305 Lead Engineer............................................ 270 Supervising Engineer.............................. 255
Senior Project Engineer......................... 235
Project Engineer........................................ 210 Associate Engineer .................................. 190 Assistant Engineer.................................... 175

SURVEYING
Principal Surveyor.................................. $280 Lead Surveyor............................................ 270 Supervising Surveyor.............................. 230
Senior Project Surveyor......................... 210
Project Surveyor........................................ 185 Associate Project Surveyor................... 175
Assistant Project Surveyor.................... 160
Party Chief (PW)........................................ 190 Chainperson (PW) .................................... 160 One-Person Survey Crew (PW)........... 225

TECHNICAL SUPPORT
CADD Manager....................................... $210 Supervising Technician .......................... 180
Senior Technician..................................... 170 Engineering Technician ......................... 130

CONSTRUCTION MANAGEMENT
Principal Construction Manager...... $330
Senior Construction Manager............. 290
Senior Resident Engineer...................... 265
Resident Engineer.................................... 250 Structure Representative....................... 245
Construction Manager........................... 230
Assistant Resident Engineer................. 210
Sr. Construction Inspector (PW) ........185
Construction Inspector (PW) .............. 177
Office Administrator................................ 135

PLANNING
Planning Director ...................................$235 City Planner/Planning Manager......... 220
Principal Planner.......................................205 Senior Planner ........................................... 190 Associate Planner..................................... 160 Assistant Planner......................................135 Planning Technician ................................115

ADMINISTRATIVE SUPPORT
Senior Management Analyst.............$195
Management Analyst.............................. 165
IT Technician............................................... 150 Graphics/Visualization Specialist....... 160
Administrative Assistant........................105

GOVERNMENT SERVICES
City Engineer........................................... $265 Deputy City Engineer.............................. 235
Assistant City Engineer........................... 225
Plan Check Engineer................................185
Permit Engineer......................................... 175 City Inspector............................................. 168 Senior City Inspector (PW) ..................185
City Inspector (PW).................................. 177 Principal Stormwater Specialist.......... 190
Senior Stormwater Specialist............... 180
Stormwater Specialist............................. 170
Stormwater Technician .......................... 150
Building Official......................................... 250 Senior Building Inspector...................... 200
Building Inspector.................................... 175 Senior Grant Writer.................................. 190 Grant Writer................................................ 180 Associate Grant Writer........................... 160
Assistant Grant Writer ............................ 145 FEMA Specialist……………………………….185
Floodplain Manager………………………..210

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.

Rev. 4/29/2024

EXHIBIT C
17 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC # NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS: PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$ N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT EROTH- STATUTE
PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION
AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
6/12/2023
Risk Strategies Company 2040 Main Street, Suite 450
Irvine, CA 92614
949-242-9240
www.risk-strategies.com CA DOI License No. 0F06675
RSC Insurance Brokerage
Risk Strategies Company
[email protected]
MNS Engineers, Inc. 201 N. Calle Cesar Chavez, Suite 300 Santa Barbara CA 93103
74805838
the general & auto liability policies-see attached endorsements. The above policies contain a 30-day notice provision for non-renewal and City of Malibu Planning Dept. 23825 Stuart Ranch Rd.

Malibu CA 90265-4861
Projects as on file with the insured. The City of Malibu, its officers and employees are named as additional insureds and primary clause applies to cancellation, 10-day notice for non-payment of premium
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000
10,000,000
10,000,000
1,000,000
1,000,000
1,000,000
A 72SBWBG3262 6/14/2023 6/14/2024
B 72UEGCK5894 6/14/2023 6/14/2024
A 72SBWBG3262 6/14/2023 6/14/2024
10,000
A 72WEGAX1RMA 6/14/2023 6/14/2024
C Professional Liability 107272696 6/14/2023 6/14/2024 Per Claim: $5,000,000 Aggregate: $5,000,000
Sentinel Insurance Company, Ltd. 11000
Hartford Fire Insurance Company 19682
Travelers Casualty and Surety Co of America 31194
18 POLICY NUMBER:

Form SS 90 40 09 19 Page 1 of 3
© 2019, The Hartford

DESIGN PROFESSIONAL BLANKET ADDITIONAL INSURED

NOTICE - BUSINESS LIABILITY COVERAGE FORM
Thank you for being a customer of The Hartford.

This Notice is being provided to highlight the following important provisions included in your Business Liability Coverage Form, SS 00 08 04 05.

I. ADDITIONAL INSUREDS WHEN REQUIRED BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT
Please be advised that your Business Liability Coverage Form, SS 00 08 04 05 contains the following provisions in Section C. WHO IS AN INSURED:

6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.

A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.

However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. - Optional Additional Insured Coverages. . . . d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In connection with your premises; or
(b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. . . . f. Any Other Party
(1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations;
MNS Engineers, Inc.
72SBWBG3262
19

Page 2 of 3 ends

(b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract or written agreement requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities.

Please be advised that if SS 51 13 Exclusion - Engineers, Architects Or Surveyors Professional Liability - California and SS 51 14 Additional Insured Provisions - California are on the Policy, the above-referenced Subparagraph (2) of Paragraph d. Architects, Engineers Or Surveyors and Subparagraph (2) of Paragraph f. Any Other Party which contains professional liability exclusionary language has been amended. Please see SS 51 13 and SS 51 14 for details.

II. OTHER INSURANCE - PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE WHEN REQUIRED

BY CONTRACT
Please be advised that your Business Liability Coverage Form, SS 00 08 04 05 contains the following condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS:

7. Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
. . . (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or
(7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured.

However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance.

Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.
20 Form SS 90 40 09 19 Page 3 of 3
III. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Please be advised that your Business Liability Coverage Form, SS 00 08 04 05 contains the following condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS:

8. Transfer Of Rights Of Recovery Against Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.

Please be advised that this Notice is not a Policy form and does not grant or alter coverage, or change any terms or conditions of the Policy. Please be sure to read your Policy carefully including all endorsements attached to your Policy. If there is any conflict between this Notice and the Policy, the provisions of the Policy will apply.

Should you have any questions, please contact your insurance agent, broker or you may contact us directly.

We appreciate your business and look forward to being of continued service to you. 21 COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

COMMERCIAL AUTOMOBILE
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

1. BROAD FORM INSURED
Paragraph .1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the Declarations
is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an "insured"
under any other automobile policy or
would be an "insured" under such a policy
but for its termination or the exhaustion of
its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its acquisition
or formation by you, unless you have
given us notice of the acquisition or
formation.

Coverage does not apply to "bodily injury"
or "property damage" that results from an
"accident" that occurred before you
formed or acquired the organization.
e. Employees as Insureds
(1). Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.
f. Lessors as Insureds
(1). The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(a) The agreement requires you to
provide direct primary insurance for
the lessor and
(b) The "auto" is leased without a driver.

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
g. Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for "bodily
injury" or "property damage" caused by
the conduct of an "insured" under
paragraphs a. or b. of Who Is An Insured
with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21 Page 1 of 5
© 2021, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) MNS Engineers, Inc.
72UEGCK5894
22 (c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
(2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
(a) The limits of insurance specified in the
written contract or written agreement;
or
(b) The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in
the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract or written agreement that
this insurance is primary and
non-contributory with the additional
insured's own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the additional
insured shall be required to comply with
the provisions in LOSS CONDITIONS 2. -

DUTIES IN THE EVENT OF ACCIDENT,
CLAIM , SUIT OR LOSS – OF SECTION
IV – BUSINESS AUTO CONDITIONS, in
the same manner as the Named Insured.

2. Primary and Non-Contributory if Required
by Contract
Only with respect to insurance provided to an
additional insured in A.1.g. - Additional
Insured If Required by Contract, the following
provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be primary.

If other insurance is also primary, we will
share with all that other insurance by the
method described in Other Insurance 5.d.
(2) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract or
written agreement that this insurance is
primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not seek
contribution from that other insurance.

Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured has
been added as an additional insured.

When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to defend
the insured against that "suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, by
the method described in SECTION IVBusiness Auto Conditions, B. General Conditions, Other Insurance 5.d.

3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee" on
your behalf and at your direction will be
considered an "auto" you hire.

The SECTION IV- Business Auto Conditions, B.

General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee’s" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the "employee’s"
personal insurance.

Page 2 of 5 ends

23 4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any "auto"
you own, then the Physical Damage Coverages
provided are extended to "autos" you hire or
borrow, subject to the following limit.

The most we will pay for "loss" to any hired "auto"
is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.

No deductible applies to "loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
"auto" you own.

We will also cover loss of use of the hired "auto" if
it results from an "accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".

This extension of coverage does not apply to any
"auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry-over balances from previous loans or
leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
(3) An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C.2. is amended to
add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic equipment
(other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:

Form HA 99 16 12 21 Page 3 of 5
24 (1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250, whichever
deductible is less.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by the
amount of the smaller (or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of an
"accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION VDEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

Page 4 of 5 ends

25 19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $2,500, of the "non-hybrid"
auto’s actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a. A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21 Page 5 of 5
26

Page 1 of 2 ends

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Nadia Fahoum, Assistant Civil Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: May 14, 2024 Meeting date: June 10, 2024 Subject: Professional Services Agreement for On-Call Geographics Information Systems (GIS) Consulting Services
RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreements with Infinity Technologies to provide On-Call Geographics Information Systems (GIS) Consulting Services in the amount up to $65,000 per year for a total amount not to exceed $195,000 for three years, to expire June 9, 2027.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 and the Proposed Budget for FY 2024-25 in Account No. 100-3008-5100.00 (Professional Services) in the amount up to $65,000 per year for a total not to exceed $195,000.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: The On-Call GIS Consulting Services agreement provides various services to the City including but not limited to providing an assessment of the City’s GIS infrastructure, providing digital conversion services for the maintenance of the City's GIS data, integrating the City’s GIS Enterprise with Land Based Management Software, and other GIS related projects.

On December 7, 2024, the City issued a Request for Qualifications (RFQ) for On-Call GIS Consulting Services.

City Council Meeting
06-10-24
Item

3.B.5.
1

Page 2 of 2 ends

Agenda Item # 3.B.5.

On January 17, 2024, the City received 20 proposals. All proposals were reviewed and evaluated by a selection panel. The selection panel has determined that Infinity Technologies has the experience, resources and professionalism needed to carry out the duties efficiently and effectively. Infinity Technologies has successfully provided these services for other agencies both currently and during the previous years, and references contacted by staff have verified Infinity Technologies’ work and found their work to be satisfactory.

Staff recommends authorizing the Mayor to execute a professional services agreement with Infinity Technologies to provide On-Call Geographics Information Systems (GIS) Consulting Services in the amount up to $65,000 per year for a total amount not to exceed $195,000 for three years, to expire June 9, 2027.

ATTACHMENTS: Professional Services Agreement with Infinity Technologies 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of June 10, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Infinity Technologies (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating Geographic Information Systems (GIS) consulting services.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with Exhibit A, Scope of Work, and Per Exhibit C, Compensation Schedule. The costs of services in an amount up to $65,000 annually, for a total not to exceed $195,000. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 1
3 Agreement for Professional Services
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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

6.0 GENERAL TERMS AND CONDITIONS.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages. 4 Agreement for Professional Services
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6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.5 Indemnification.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
5 Agreement for Professional Services
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6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto. 6 Agreement for Professional Services
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6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

Page 6 of 16 ends

connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Mohammad Ahmed
City Manager President, CEO
City of Malibu Infinity Technologies
23825 Stuart Ranch Road 17875 Von Karman Ave, Ste.
150
Malibu, CA 90265-4861 Irvine CA 92614
TEL (310) 456-2489 x 226 TEL (916) 479-5560
FAX (310) 456-2760

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. 8 Agreement for Professional Services
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City Initials ______
Consultant Initials ______

City Initials ______
Consultant Initials ______
9 Agreement for Professional Services
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This Agreement is executed on _____________________, at Malibu, California, and effective as of June 10, 2024.

CONSULTANT:
_______________________________
By:

CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Mohammad Ahmed, President
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EXHIBIT A

SCOPE OF WORK

1. General Scope:

The CONSULTANT will provide technical advisory services, including but not limited to, a variety of Geographic Information Systems (GIS) topics, such as providing an assessment of the City’s GIS infrastructure, providing digital conversion services for the maintenance of the City's GIS data, integrating the City’s GIS Enterprise with Land Based Management Software, other GIS related projects, and use of industry standards appropriate to the City’s GIS system. Services will be provided by the CONSULTANT on projects as authorized and directed by the CITY. The CONSULTANT will, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. The Consultant is expected to provide a highly qualified and experienced team and be able to deliver satisfactory results according to the scope of work, as well as the agreed upon schedule.

The qualified firm selected shall conduct all consulting services in accordance with all local, State, and Federal laws, regulations, and executive orders applicable.

2. Consultant Tasks:

Upon request by CITY, CONSULTANT will perform, but are not limited to, the following tasks:

Ongoing Data conversion, Maintenance and Transfer Services • Provide ongoing updates, conversions, and/or data maintenance to existing GIS layers to improve the precision and accuracy of assets. This may include but are not limited to: City limit boundary, parcels, subdivision layers, street centerlines, addresses points, utility assets and infrastructures, storm drain network, general plan and zoning, public safety and other theme layers that may arise. • Convert paper and/or digital data from various sources and formats (cad/shp/pdf/etc.) for maintaining existing theme layers such as, but not limited to, parcel, address points, street centerline, utilities and other base-map theme elements.
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• Import and migrate paper and/or digital data from various sources and formats into a centralized folder for the purpose of collocating information sourced for GIS.
• Convert paper and/or digital data from various sources and formats to build additional layers where requested.
• Create custom maps upon request or when base map layers are updated, including but not limited to updated aerial imagery, updated storm, water, or sanitary sewer infrastructure, tax lots, streets, etc.
• Coordinate with internal or external project developer and/or designer to facilitate data conversion.
• All data shall be digitized using the most accurate method and available resources.
• All data and/or deliverables shall be in ESRI geodatabase format. • Provide utility accuracy updates based on GPS-assisted field verification by City on an as-needed basis.
• Provide other professional consultant services as directed by the City.

Integration with Systems
• Provide integration of GIS with other departmental systems such as, but not limited to, Land Management Development Software to streamline ease of data retrieval and visualization through web map, app, or dashboard. • Provide GIS configuration and set up assessment in preparation for future Land Management Software implementation.
• Assess the Malibu GIS system configuration and set up to determine what adjustments should be undertaken to assure a smooth implementation with the Land Management Software that the City is preparing to begin working on in the coming year.
• In speaking with other Cities that have completed Land Management Software implementation, they mentioned that GIS is the foundation piece that the 12 Agreement for Professional Services
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system is built on and they discovered that their legacy GIS set up needed extensive adjustment to successfully mesh. We would like to have assistance to complete this preparation prior to implementation.
• Provide other professional consultant services as directed by the City.

Support Services
• Provide City with technical support on City GIS Enterprise infrastructure and system design strategy, upgrade, configuration, and implementation. • Conduct educational sessions and training of staff that will or may be involved with the various aspects of GIS within the City, including Staff from various City departments, City Attorney, City Manager, City Clerk, City Council Members and Mayor.
• Train staff members to operate the basic features and functions of ESRI and its suite of applications to reduce demand on GIS/IT staff and expand the capabilities of personnel towards the ongoing operation of GIS projects and efforts.
• Provide assistance on specific ad-hoc projects as they are prioritized, or wherever deadlines are critical.
• For specific project needs or as a required ongoing data maintenance need, be able to provide staffing and services on-site.
• Provide on-call assistance and querying of the data.
• Be able to supplement on-site GIS staffing that might arise during City staffing shortage.
• Provide assistance with setting up and deploying GIS mapping interface for use by field technicians.
• Participate in meetings associated with GIS related topics, developments, and/or projects.
• Provide coordination between GIS and other databases. 13 Agreement for Professional Services
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• Provide other professional consultant services as directed by the City.

Information Technology & Data Management
• Assess current management practices to develop best practices and work in tandem with staff to create an optimized workflow system. The objective is to enable staff to regularly input and generate reliable datasets, geodatabases, and shapefiles to ensure accuracy and relevancy in its GIS layers. • Provide other professional consultant services as directed by the City. 14 Agreement for Professional Services
Infinity Technologies

Page 13 of 16 ends

EXHIBIT B

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Page 14 of 16 ends

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract 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.

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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and 16 Agreement for Professional Services
Infinity Technologies

Page 15 of 16 ends

shall require similar written express waivers and insurance clauses from each of its subconsultants.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements 17 Agreement for Professional Services
Infinity Technologies

Page 16 of 16 ends

sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant 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 Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

Additional Insurance. The consultant 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.
18 City of Malibu
GIS Consulting Services 3
2024 Rate Schedule
*Consultant may request the hourly billing rates to be adjusted annually on July 1 of each year.

GIS CLASSIFICATION HOURLY RATE ($)
REMOTE
HOURLY RATE ($)

ON-SITE
Project Manager 160 175
Enterprise GIS Architect 150 165
Senior Business Analyst 170 185
Business Analyst II 150 165
Business Analyst I 120 135
Senior GIS Analyst 135 150
GIS Analyst II 125 140
GIS Analyst I 115 125
Senior GIS Technician 110 120
GIS Technician II 100 110
GIS Technician I 90 100

EXHIBIT C
19

Page 1 of 2 ends

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Arthur Aladjadjian, Public Works Superintendent Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: May 6, 2024 Meeting date: June 10, 2024
Subject: Amendment to Agreement with Yeh and Associates, Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Yeh and Associates, Inc. (Yeh) for maintenance and monitoring of the Big Rock Mesa, Malibu Road, and Calle Del Barco Landslide Assessment Districts extending the term of the Agreement to expire June 22, 2025.

FISCAL IMPACT: No additional appropriation is required Funding for this agreement is included in the Adopted Budget for FY 2023-24 and the Proposed Budget for FY 2024-25 in Account Nos. 290-6002-5100 (Big Rock Mesa Landslide Maintenance District), 291- 6003-5100 (Malibu Road Landslide Maintenance District) and 292-6004-5100 (Calle Del Barco Landslide Maintenance District). This amendment does not modify the compensation of this agreement.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: On June 22, 2020, the City entered into an agreement with Yeh to perform maintenance and monitoring of the Big Rock Mesa, Malibu Road, and Calle Del Barco Landslide Assessment Districts.

Yeh has performed very well during the term of its agreement. Staff recommends executing Amendment No. 1 to extend Yeh’s agreement for an additional year. By executing Amendment No. 1, the level of service to the City will continue uninterrupted and staff will be able to maintain the maintenance and monitoring services.

City Council Meeting
06-10-24
Item

3.B.6.
1

Page 2 of 2 ends

Agenda Item # 3.B.6.

Staff recommends the City Council authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Yeh to extend the term of the agreement for one year, to expire June 22, 2025.

ATTACHMENTS: Amendment No. 1 to Agreement with Yeh and Associates, Inc. 2 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on June 10, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and Yeh and Associates, Inc. hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On June 22, 2020, the City entered into an Agreement with Consultant for Landslide Maintenance and Monitoring services for the Big Rock Mesa, Malibu Road, and Called Del Barco Landslide Assessment Districts (the “Agreement”).

B. City desires to amend the Agreement to extend the term by one year to expire June 22, 2025.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to June 22, 2025.

2. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

3. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of June 22, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Jonathan D. Blanchard Title: Vice President. Yeh and Associates, Inc.

Attachment 1
3

Page 1 of 2 ends

Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Nadia Fahoum, Assistant Civil Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: May 15, 2024 Meeting date: June 10, 2024 Subject: Professional Services Agreement for City Hall Solar Power Project RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates (Kimley Horn) in the amount not to exceed $39,800 for a feasibility analysis for the City Hall Solar Power Project.

FISCAL IMPACT: No additional appropriation required. Funding for this project is included in the Adopted Budget for FY 2023-24 and the Proposed Budget for FY 2024-25 in Account No. 310-9078-5100 (City Hall Solar Power Project) of $4,000,000.

Project Estimate Project Funding
Feasibility Analysis $39,800 General Fund $4,000,000
Design $290,320
Construction $3,669,880
Total $4,000,000 Total $4,000,000
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: In 2017, the City Hall Solar Power Project was adopted in the City’s budget and identified as a priority Capital Improvement Project. The objective of the project is to install a solar power system that will provide City Hall with clean renewable energy that will not only reduce the City’s overall carbon footprint but also work towards the goal of making City Hall a Zero Net Energy (ZNE) building.

City Council Meeting
06-10-24
Item

3.B.7.
1

Page 2 of 2 ends

Agenda Item # 3.B.7.

On June 1, 2017, staff issued a Request for Qualifications/Proposals (RFQ/P) for engineering design services for the City Hall Solar Power Project. On September 24, 2017, the City Council Authorized the City Manager to execute a Professional Services Agreement with Integral Group for the Design, Permitting and Bid Support of the City Hall Solar Power Project.

In 2018, the project design phase was completed, and the project was set to advertise for construction bids. Due to insufficient funding and the impacts of the Woolsey Fire, the City chose to accommodate other budget priorities resulting from the Woolsey Fire. The City Hall Solar Power Project was placed on hold through fiscal years 2019-2020, 2020-2021, 2021-2022, and 2022-2023.

FY 2023-24 adopted budget includes funding for the City Hall Solar Power Project. The City Hall Solar Project will remain the same in terms of concept and objectives. The project will include the installation of a solar electrical power system and EV chargers at City Hall, with project objectives that focus on ways to significantly reduce the purchased energy and associated operating costs of the City Hall facilities.

On October 19, 2023, staff issued a Request for Qualifications/Proposals (RFQ/P) for engineering design services for the City Hall Solar Power Project to retain a qualified consultant to review the previously approved design plans and make modifications to bring the plans up to code and ensure the most current technology is being used.

On December 14, 2023, the City received one (1) proposal from Kimley-Horn. The proposal was reviewed, and the consultant was evaluated and found to be a qualified firm for this project. Kimley-Horn has successfully completed many similar projects for other public agencies.

On February 26, 2024, staff brought to Council a professional services agreement with Kimley-Horn for engineering design services of the City Hall Solar Power Project. The Council directed staff to first prepare a feasibility analysis of the City Hall Solar Project rather than conducting a re-design of the City Hall Solar Power Project.

The professional services agreement with Kimley Horn has been revised to include a feasibility analysis for the City Hall Solar Project only. Staff will provide a feasibility update at a future meeting.

Staff recommends authorizing the Mayor to execute a professional services agreement with Kimley-Horn in an amount not to exceed $39,800 for a feasibility analysis for the City Hall Solar Power Project.

ATTACHMENTS:

Professional Services Agreement with Kimley Horn and Associates 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of June 10, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Kimley Horn and Associates, Inc., (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating feasibility analysis for the City Hall Solar Power Project.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit B conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with, Exhibit “B”, Scope of Work and Exhibit “C”, compensation schedule. the Scope of Work’s fee and cost schedule. The cost of services hall not exceed $39,800. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 3 Attachment 1
Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 2 of 12 ends

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

6.0 GENERAL TERMS AND CONDITIONS.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 4 Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 3 of 12 ends

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.5 Indemnification.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 5 Agreement for Professional Services
Kimley Horn and Associates, Inc.

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6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 6 Agreement for Professional Services
Kimley Horn and Associates, Inc.

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6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 7 Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 6 of 12 ends

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Sri Chakravarthy, PE, TE City Manager Vice President
City of Malibu Kimley Horn and Associates,
Inc.
23825 Stuart Ranch Road 660 S. Figueroa St., Ste. 2050
Malibu, CA 90265-4861 Los Angeles, CA 90017
TEL (310) 456-2489 x 226 TEL (213) 261-4037
FAX (310) 456-2760

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 8 Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 7 of 12 ends

Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 9 Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 8 of 12 ends

This Agreement is executed on _____________________, at Malibu, California, and effective as of June 10, 2024.

CONSULTANT:
_______________________________
By:

CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Sri Chakravarthy, Sr. Vice President / P.E. 73629 41
41 DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 10 Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 9 of 12 ends

EXHIBIT A

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 11 Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 10 of 12 ends

over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 12 Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 11 of 12 ends

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant 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 Consultant, but in all other terms consistent with DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 13 Agreement for Professional Services
Kimley Horn and Associates, Inc.

Page 12 of 12 ends

the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant 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 Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 14 City of Malibu - City Hall Solar Power Project

EXHIBIT B - SCOPE OF WORK

PROJECT UNDERSTANDING AND APPROACH/METHODOLOGY
Our team understands that the City of Malibu is looking to implement alternative power generation using latest solar power source technology at the City Hall. This will help the City Hall as a Zero Net Energy (ZNE) building by offsetting as much electrical consumption as possible, as well as providing new vehicle charging stations using an alternate power source like a Battery Energy System Storage (BESS).

As such, City is looking to complete a feasibility analysis for the proposed project before proceeding to final design and construction. The scope of work for the feasibility study is provided below:

Task 1 – Project Management
Kimley-Horn will schedule and coordinate a project kick off meeting. The project kick-off meeting will be scheduled to go over the City’s goals regarding the successful completion of the project. City may include other personnel as necessary.

Kimley-Horn will prepare monthly progress reports to the City outlining project progress including other outstanding items and action items. Other project management tasks include data information request, communications, QA/QC procedures, and project accounting. It is anticipated that the project schedule will be three (3) months.

Task 1 Anticipated Meetings:
· Kick-off meeting
· Field review meeting
Task 1 Anticipated Deliverables:
· Agenda and Meeting Minutes for Kick-off meeting
· Monthly Progress Report and invoicing, up to three
Task 2 – Feasibility Analysis and Technical Memorandum
Kimley-Horn will complete a feasibility analysis of the proposed project to include the following:

1. Preliminary configuration, conceptual design, and engineering of system.

2. Cost-Benefit Analysis taking into consideration the current energy consumption, energy savings, payback periods, available incentive programs, and electricity price forecasts. This analysis will consider estimated and projected factors including initial capital investment, maintenance and operating costs of the system, available government incentives, solar electricity that could be generated each year, and the value of electricity costs that could be avoided or sold back to the grid each year over the expected lifetime of a project, the potential of generating revenue by selling energy to the grid, and any additional benefits to solar carport structures.

3. Review of available solar panel technologies/innovations

4. Review of current or upcoming grant opportunities

5. Role in reducing greenhouse gas emissions in alignment with local, state, federal, and international commitments to address and mitigate climate change.

6. Potential constraints or challenges, if any

7. Review of any available results from other agencies on similar projects

8. Review of Clean Power Alliance’s Power Ready program.

DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 15 9. Community Art incorporation into the Solar project.

10. Other available alternatives
The results of the feasibility analysis will be summarized and presented in a draft technical memorandum. The draft memorandum includes tables, figures, and will summarize the recommendations for City’s review and comment. Upon City’s review, we will revise and submit a final technical memorandum.

Task 2 Anticipated Deliverables:
· Preliminary Conceptual Design
· Draft and Final Technical Memorandum
DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 16 City of Malibu - City Hall Solar Power Project

EXHIBIT C - COMPENSATION SCHEDULE
Kimley-Horn will perform the Scope of Services for a lump sum fee of $39,800 for tasks 1 and 2. Shown below is an estimated breakdown of our budget:

Description Fee
Task 1 – Project Management $4,100
Task 2 – Feasibility Analysis $35,700
Total Fee $39,800
DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 17 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
1/19/2024
Edgewood Partners Ins. Center/Greyling
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola 7702207699 7702207699 [email protected] National Union Fire Ins Co of Pittsburg 19445 KIMLASS Allied World Assurance Co (U.S.) Inc. 19489 Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company 23841 Lloyd's of London 85202 2143481526 A X 2,000,000 X 1,000,000 X Contractual Liab 25,000 2,000,000 4,000,000 X X GL5268169 4/1/2023 4/1/2024
4,000,000
A
A
2,000,000 X
X X
CA4489663
CA2970071
4/1/2023
4/1/2023
4/1/2024
4/1/2024
B X X 5,000,000 X
03127930 4/1/2023 4/1/2024
5,000,000 X
10,000
C
C
X
N
WC015893685 (AOS)
WC015893686 (CA)
4/1/2023
4/1/2023
4/1/2024
4/1/2024
1,000,000 1,000,000 1,000,000
D Professional Liab B0146LDUSA2304949 4/1/2023 4/1/2024 Per Claim Aggregate
$2,000,000
$2,000,000
Re: City Hall Solar Power Project; Srikanth Chakravarthy. City of Malibu, its its officers, officials, employees, agents, and volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder.

City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265
DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 18 DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 19 DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 20 POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-69

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

PER THE CONTRACT OR AGREEMENT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page of1 2 DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 21 A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Page of2 2 Insurance Services Office, Inc., 2018 CG 20 10 12 19 DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 22 ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: 526-81-69

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

PER THE CONTRACT OR AGREEMENT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Insurance Services Office, Inc., 2018 Page of 1 1 DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 23 POLICY NUMBER:

PRIMARY AND NONCONTRIBUTORY -

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1

OTHER INSURANCE CONDITION
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
526-81-69
DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 24 POLICY NUMBER:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
This endorsement modifies insurance provided under the following:

SCHEDULE
Name Of Person(s) Or Organization(s):

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
526-81-69
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the
person(s) or organization(s) shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization(s) shown in the Schedule
above.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

CG 24 04 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 25

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04/01/2023 04/01/2022
DocuSign Envelope ID: 8320F7DC-6D3F-499F-88D1-D216FCF36286 26

Page 1 of 3 ends

Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Mark Johnson, Environmental Programs Coordinator Reviewed by: Yolanda Bundy, Environmental Sustainability Director Tracey Rossine, Environmental Programs Manager
Approved by: Steve McClary, City Manager
Date prepared: May 22, 2024 Meeting date: June 10, 2024 Subject: Memorandum of Agreement with the City of Los Angeles for Water Quality Monitoring
RECOMMENDED ACTION: Authorize the Mayor to execute a Memorandum of Agreement (MOA) with the City of Los Angeles, the County of Los Angeles, the Los Angeles County Flood Control District, the California Department of Transportation, the City of Agoura Hills, the City of Calabasas, the City El Segundo, the City of Hidden Hills, the City of Santa Monica, and the City of Thousand Oaks (Parties) to conduct water quality monitoring, sample analyses, and reporting for the Santa Monica Bay shoreline.

FISCAL IMPACT: No additional appropriation is required. Funding for this project was included in the Adopted Budget for FY 2023-24 and the Proposed Budget for FY 2024- 25 in Account No. 101-3003-5100-00 (Clean Water Professional Services).

STRATEGIC PRIORITY: This item supports day-to-day operations identified in the Strategic Priority Project List.

DISCUSSION: The Santa Monica Bay Beaches dry and wet weather Bacteria Total Maximum Daily Loads (TMDL) were adopted by Los Angeles Regional Water Quality Control Board (Regional Board) in 2003. They specify the allowable bacterial indicator limits for the Santa Monica Bay, establish compliance deadlines, and require that the responsible agencies implement an approved coordinated shoreline monitoring plan (CSMP). The MOA with the Parties, fulfills the City of Malibu's ongoing obligation to conduct the shoreline monitoring, analysis, and reporting.

City Council Meeting
06-10-24
Item

3.B.8.
1

Page 2 of 3 ends

Agenda Item # 3.B.8.

The approved 2004 CSMP includes 25 shoreline compliance monitoring locations within Santa Monica Bay TMDL Jurisdictional groups 1, 4, and 9 of which the City of Malibu is included. Sites are monitored weekly by City of Los Angeles Environmental Monitoring Division (EMD) and the Los Angeles County Department of Public Health (DPH), with the exception of Surfrider Beach and Topanga Beach, which are monitored five times a week. Of these monitoring sites, 23 fall within the city limits. The 13 sites monitored by EMD are subject to this agreement. The 12 sites monitored by DPH are not funded by this agreement because they are also part of the California Clean Beaches monitoring program pursuant to AB 411.

The CSMP was incorporated into the City of Malibu's overall Coordinated Integrated Monitoring Program (CIMP) in accordance with its municipal stormwater permit. When seeking proposals to conduct the CIMP, the City of Malibu listed the shoreline monitoring program as a separate optional task for the selected consultant in case the City of Los Angeles decided to not continue the monitoring partnership. Tetra Tech implements all monitoring in the CIMP other than the shoreline monitoring since the City of Los Angeles expressed an interest to continue this program. Having the City of Los Angeles EMD provide these services is a large cost savings for Malibu because they use their own staff and in-house laboratory.

The City of Malibu shares the cost of monitoring and analysis with the Parties based on the jurisdictional land area set forth in Exhibit “A” of the MOA. If a sample is found to exceed the bacteria indicator limit, the TMDL requires additional samples be taken at the site until limits are met or the next scheduled sample event. The cost of this exceedance monitoring has been factored into the cost estimates in the MOA; however, the final invoice is adjusted annually based on actual costs. Cost sharing for the shoreline monitoring program is based on the percentage of land area an agency covers within each jurisdiction. The City of Malibu's costs reflect a 24.23% share for the Santa Monica Bay watershed sites and 1.33% share for the Malibu Creek site at Surfrider Beach, totaling approximately $35,824 per year beginning July 1, 2024, and increasing 3% annually for inflation. This represents a commitment of up to $190,195 for the City of Malibu over five years.

On September 25, 2017, City Council approved the original MOA for these services. Due to the regulatory importance of the monitoring program and observed complications of negotiating agreements amongst multiple agencies, the City of Los Angeles agreed to continue monitoring until all agreements were executed and included a provision in the MOA specifically to account for this. Therefore, the term of the new MOA runs from July 1, 2023 through June 30, 2028, with an option to extend monitoring services on month to month basis for up to 12 additional months until another MOA is executed or the City of Malibu requests that the monitoring services end.
2

Page 3 of 3 ends

Agenda Item # 3.B.8.

Staff recommends authorizing the MOA between Parties and City of Malibu for Santa Monica Bay Water Dry and Wet Weather Bacteria Total Maximum Daily Loads Coordinated Shoreline Monitoring Program. The new MOA is for the same scope of work as the previous MOA with the inclusion of a provision clarifying that additional services may be provided subject to negotiated scope of work and reasonable cost.

ALTERNATIVES: Do not execute the MOA and pay the outstanding balance to the City of Los Angeles which allows the following options:

1. Amend the CIMP agreement with Tetra Tech, Inc. for shoreline monitoring; the cost is approximately $1,000,000 annually, based on their estimate.

2. Solicit proposals for shoreline monitoring services from other consulting firms through the Request for Proposals process and execute an agreement.

ATTACHMENTS:

1. Memorandum of Agreement between City of Los Angeles and City of Malibu for Santa Monica Bay Water Dry and Wet Weather Bacteria Total Maximum Daily Loads Coordinated Shoreline Water Quality Monitoring Program Quality Monitoring
3 MEMORANDUM OF AGREEMENT

BETWEEN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, LOS

ANGELES COUNTY FLOOD CONTROL DISTRICT, CALIFORNIA DEPARTMENT OF

TRANSPORTATION, AND THE CITIES OF AGOURA HILLS, CALABASAS, EL

SEGUNDO, HIDDEN HILLS, MALIBU, SANTA MONICA, THOUSAND OAKS, AND

WESTLAKE VILLAGE

REGARDING THE COST SHARING FOR IMPLEMENTING THE SANTA MONICA

BAY DRY AND WET WEATHER BACTERIA TOTAL MAXIMUM DAILY LOADS

COORDINATED SHORELINE WATER QUALITY MONITORING

PROGRAM
This Memorandum of Agreement (“MOA”), including its attachments, exhibits, and schedules, is made and entered into as of the date of the last signature set forth below by and between THE CITY OF LOS ANGELES (“L.A. CITY”), a municipal corporation; the COUNTY OF LOS ANGELES (“COUNTY”), a political subdivision of the State of California; LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (“LACFCD”), a body corporate and politic; THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (“Caltrans”); THE CITY OF AGOURA HILLS, a municipal corporation ("AGOURA HILLS”); THE CITY OF CALABASAS, a municipal corporation (“CALABASAS”); THE CITY OF EL SEGUNDO, a municipal corporation (“EL SEGUNDO”); THE CITY OF HIDDEN HILLS, a municipal corporation ("HIDDEN HILLS”); THE CITY OF MALIBU, a municipal corporation ("MALIBU”); THE CITY OF SANTA MONICA, a municipal corporation (“SANTA MONICA CITY”); THE CITY OF THOUSAND OAKS, a municipal corporation ("THOUSAND OAKS”); and THE CITY OF WESTLAKE VILLAGE, a municipal corporation (“WESTLAKE VILLAGE”). Collectively, these entities shall be known herein as “PARTIES” or individually as “PARTY”.

RECITALS
WHEREAS, on January 24, 2002, the California Regional Water Quality Control Board, Los Angeles Region (“Regional Board”) adopted Resolution No. 2002-004, establishing the limit for the Total Maximum Daily Loads (“TMDLs”) for bacteria during dry-weather for Santa Monica Bay Beaches; and
WHEREAS, on December 12, 2002, the Regional Board adopted Resolution No. 2002-022, establishing the limit for the TMDLs for bacteria during wet-weather for Santa Monica Bay Beaches; and
WHEREAS, on March 11, 2021, the Regional Board adopted Resolution No. R21- 001, extending the compliance deadline for the TMDLs for bacteria during wet-weather for Santa Monica Bay Beaches; and
Attachment 1
4 Santa Monica Bay Beaches Bacteria TMDL Water Quality Monitoring MOA

Page 2 of 25 ends

WHEREAS, Resolution No. 2002-04, Resolution No. 2002-022, and Resolution No. R21-001, collectively referred to herein as the “Bacteria TMDLs,” became effective on May 24, 2022; and
WHEREAS, the Bacteria TMDLs address documented bacteriological water quality impairments at forty-four (44) beaches from the Los Angeles/Ventura County line (to the northwest) to Outer Cabrillo Beach (just south of the Palos Verdes Peninsula); and WHEREAS, the Regional Board adopted National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2021-0105 (“MS4 Permit”) on July 23, 2021; and
WHEREAS the MS4 Permit became effective on September 11, 2021 and requires that the COUNTY, LACFCD, 85 cities within the coastal watersheds of Los Angeles County, the Ventura County Watershed Protection District, the County of Ventura, and 10 cities within Ventura County comply with the prescribed elements of the MS4 Permit, including the provisions of the Santa Monica Bay Beaches Bacteria TMDL; and WHEREAS, the Bacteria TMDLs identify as responsible agencies and jurisdictions the COUNTY, Caltrans, L.A. CITY, MALIBU, CALABASAS, EL SEGUNDO, SANTA

MONICA CITY, HIDDEN HILLS, WESTLAKE VILLAGE, AGOURA HILLS, THOUSAND OAKS, and the following agencies not participating in this MOA: Hermosa Beach, Redondo Beach, Manhattan Beach, Torrance, Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, Rolling Hills Estates, and the County of Ventura.

WHEREAS, a monitoring plan entitled “Santa Monica Bay Beaches Bacterial TMDLs’ Coordinated Shoreline Monitoring Plan” (“Coordinated Monitoring Plan”) was prepared by the responsible agencies and jurisdictions, and approved by the Regional Board on April 28, 2004; and

WHEREAS, the PARTIES responsible for the cost share of shoreline monitoring, performed by L.A. CITY'S Environmental Monitoring Division (“EMD”), are listed in Exhibit “A”; and
WHEREAS, in 2017, the PARTIES entered an agreement with L.A. CITY to continue implementation of the Coordinated Monitoring Plan, and said agreement expired on June 30, 2022; and
WHEREAS, the PARTIES entered into a 12-month extension of said agreement, which expired on June 30, 2023; and
WHEREAS, L.A. CITY has the expertise and equipment to perform monitoring services consistent with the Coordinated Monitoring Plan (hereinafter referred to as “Monitoring Services”); and
5 Santa Monica Bay Beaches Bacteria TMDL Water Quality Monitoring MOA

Page 3 of 25 ends

WHEREAS, the PARTIES desire to enter into a new agreement to continue the Monitoring Services being performed by L.A. CITY and agree that this MOA shall be retroactively effective to July 1, 2023; and
WHEREAS, the PARTIES have agreed to provide their share of funding to the L.A.

CITY for its performance of Monitoring Services on behalf of the PARTIES at locations identified in Exhibit “A” of this MOA, and L.A. CITY is willing to provide the Monitoring Services and to be reimbursed in accordance with Article IV and Exhibit “B” of this MOA.

NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows:

ARTICLE I – Purpose of MOA

1. Purpose. The purpose of this MOA is to memorialize the PARTIES’ payment for and performance of Monitoring Services that are consistent with the provisions of the Coordinated Monitoring Plan and the Bacteria TMDLs.

2. Coordinated Monitoring Plan. The approved Coordinated Monitoring Plan identifies three monitoring agencies to perform sampling and analysis of the shoreline monitoring stations along the Santa Monica Bay. Exhibit “A” shows monitoring stations that are assigned to L.A. CITY'S EMD to be monitored at the specified frequency.

ARTICLE II – Responsibilities of L.A. CITY

1. Monitoring. L.A. CITY will perform all Monitoring Services consistent with the time frames set forth in the Coordinated Monitoring Plan and Bacteria TMDLs at locations as indicated in Exhibit “A” on behalf of the specified PARTIES. L.A.

CITY’S EMD will perform tasks assigned to it as outlined in the Coordinated Monitoring Plan, including but not limited to: sample collection and analysis, data management, reporting, purchasing and maintaining equipment necessary for monitoring, as well as following all standard operating procedures and quality assurance/quality control objectives. Any tasks beyond the scope of the Coordinated Monitoring Plan (e.g., bacteria source tracking and investigation) are not included in this MOA and are the sole responsibility of the respective PARTIES.

2. Cost per monitoring location. L.A. CITY, in consultation with the PARTIES, has established each PARTY’s share of costs for the Monitoring Services based on its jurisdictional land area as set forth in Exhibit “A.” The cost allocation percentages among PARTIES and the estimated cost for each monitoring location are shown in Exhibit “A,” which is incorporated herein by this reference. 6 Santa Monica Bay Beaches Bacteria TMDL Water Quality Monitoring MOA

Page 4 of 25 ends

3. Reports. L.A. CITY will submit monitoring reports to the Regional Board each month and forward a copy to the PARTIES.

4. Exceedance. L.A. CITY will conduct accelerated monitoring according to the existing protocol of the Los Angeles County Department of Public Health at each location where an exceedance of a limit in the Bacteria TMDLs is detected. An exceedance will be determined according to the Coordinated Monitoring Plan. L.A.

CITY will provide additional accelerated monitoring at the request of any PARTY or PARTIES, subject to available resources and funding. Additional costs arising from such a request will be documented and added to the annual invoice of the requesting PARTY or PARTIES. This MOA does not include any research or investigation of the reason(s) or source(s) that caused the exceedance.

ARTICLE III – Responsibilities of the PARTIES

1. Documentation. The PARTIES agree to promptly provide at no cost to L.A. CITY all requested non-confidential information and documentation in their possession that L.A. CITY, in its discretion, deems to be necessary or helpful for the performance of the Monitoring Services.

2. Grant of Access Rights. During the term of this MOA, the PARTIES shall grant L.A.

CITY or its consultant(s), without charging any access or permitting fees, reasonable access and entry to their storm drains, channels, catch basins, and similar properties to achieve the purposes of this MOA, on an as-needed basis.

Prior to entering any PARTY’s facility, L.A. CITY shall obtain all necessary permits and, except during an emergency, provide that PARTY with written notice 72 hours in advance of entry. L.A. CITY shall indemnify, defend, and hold harmless the PARTIES and their elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with L.A. CITY's entry onto a PARTY’s facility. This indemnification is in addition to the other indemnities made herein.

3. Cost Reimbursement. The PARTIES agree to pay L.A. CITY annually for the Monitoring Services as shown in Exhibit “B”, incorporated herein by this reference, including systematic weekly or daily monitoring, and accelerated monitoring in accordance with Article IV herein.

4. Commitment. Once effective, the PARTIES agree to uphold the promises contained in this MOA for the duration of the agreed upon term. The PARTIES agree that costs, expenses, fees, liabilities, and obligations incurred by L.A. CITY in performing Monitoring Services prior to the execution date of this MOA but after July 1st, 2023, shall be subject to cost-sharing under this Agreement according to the amounts specified in Exhibit “B” and shall be included in the first invoice. 7 Santa Monica Bay Beaches Bacteria TMDL Water Quality Monitoring MOA

Page 5 of 25 ends

Malibu City CouncilJune 10, 2024

Malibu City Council
June 10, 2024