Meeting Agenda
CC241125_AGENDA.PDF
Item 1B2
Approve Warrants
CC241125_ITEM 1B2.PDF
Item 1B3
Approval of Minutes
CC241125_ITEM 1B3.PDF
Item 1B4
City’s Conflict of Interest Code
CC241125_ITEM 1B4.PDF
Item 1B5
Agreement with RTW Management, Inc. (Continued from November 12, 2024) CC241125_ITEM 1B5.PDF
Item 1B6
Acceptance of Morning View Drive Rehabilitation and Drainage Improvements CC241125_ITEM 1B6.PDF
Item 1B7
Acceptance of Trancas Canyon Park Upper and Lower Slopes Repair Project CC241125_ITEM 1B7.PDF
Item 1B8
1. Documents:
2. Documents:
3. Documents:
4. Documents:
5. Documents:
6. Documents:
7. Documents:
8. CC241125_ITEM 1B7.PDF
Item 1B8
Acceptance of Trancas Canyon Park Playground Resurfacing Project CC241125_ITEM 1B8.PDF
Item 1B9
Acceptance of Legacy Park Benches Renovation Project
CC241125_ITEM 1B9.PDF
Item 1B10
Professional Services Agreement for Bluffs Park Snack Shack CC241125_ITEM 1B10.PDF
Item 1B11
Award Las Flores Canyon Storm Drain Repair Project
CC241125_ITEM 1B11.PDF
Item 1B12
Amendment to Professional Services with m6 Consulting, Inc.
CC241125_ITEM 1B12.PDF
Item 1B13
California Employer’s Retiree Benefit Trust Program
CC241125_ITEM 1B13.PDF
Item 1B14
Professional Services Agreement with Kimley Horn
CC241125_ITEM 1B14.PDF
Documents:
8. Documents:
9. Documents:
10. Documents:
11. Documents:
12. Documents:
13. Documents:
14. Documents:
Item 1B14
Professional Services Agreement with Kimley Horn
CC241125_ITEM 1B14.PDF
Item 1B15
Investment Report for the Month Ending October 31, 2024 CC241125_ITEM 1B15.PDF
Item 1B16
Rejection of Bids for the Latigo Canyon Retaining Walls Rehabilitation Project CC241125_ITEM 1B16.PDF
Item 7A
Malibu Library Set Aside Funds for Fiscal Year (FY) 2025-26 CC241125_ITEM 7A_SUPPLEMENTAL.PDF
CC241125_ITEM 7A.PDF
Item 7B
Bonsall Drive and Busch Drive Speed Humps Request
CC241125_ITEM 7B.PDF
Item 7C
Community Development Department Organizational Plan
CC241125_ITEM 7C.PDF
CC241125_ITEM 7C_SUPPLEMENTAL.PDF
14. Documents:
15. Documents:
16. Documents:
17. Documents:
18. Documents:
19. 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.
Malibu City Council
Regular Meeting Agenda
Monday, November 25, 2024
4:30 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
5:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/89361796129
Four-thirty p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
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 City Council Regular Meeting Agenda Page - 2 - November 25, 2024 Code Section 54956.9 and 54956.9(d)(1). 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.
Conference with Legal Counsel – Anticipated Litigation
1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (1)
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
Five-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – November 15, 2024
Approval of Agenda
1. Consent Calendar
Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. 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. Members of the public may comment on the consent calendar as a whole. After public comment, the Council may remove items from the Consent Calendar for individual consideration before adopting the 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 City Council Regular Meeting Agenda Page - 3 - November 25, 2024
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 74190-74299 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. 758 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,924,435.21. City of Malibu payroll check number 5489 and ACH deposits were issued in the amount of $487,443.27.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
3. Approval of Minutes
Recommended Action: Approve the minutes for the October 2, 2024 Special Meeting, the October 7, 2024 Special Meeting, the October 14, 2024 Special Meeting.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
4. City’s Conflict of Interest Code
Recommended Action: Adopt Resolution No. 24-58 adopting the City’s Conflict of Interest Code and repealing Resolution No. 22-38.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
5. Agreement with RTW Management, Inc. (Continued from November 12, 2024) Recommended Action: 1) Authorize the Mayor to execute a Professional Services Agreement with RTW Management, Inc. to provide Dial-A-Ride Transportation Services through December 31, 2027; and 2) Appropriate $144,000 in Prop A funding to Account No. 203-3009-5145-00 (Proposition A Transportation Services - Dial-A-Ride Services).
Staff Contact: Community Service Director Riesgo, 456-2489, ext. 350
6. Acceptance of Morning View Drive Rehabilitation and Drainage Improvements Recommended Action: 1) Accept the work performed by Toro Enterprises, Inc. for the Morning View Drive Rehabilitation and Drainage Improvements Project, Specification No. 2104 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 City Council Regular Meeting Agenda Page - 4 - November 25, 2024
7. Acceptance of Trancas Canyon Park Upper and Lower Slopes Repair Project Recommended Action: 1) Accept the work performed by GMZ Engineering, Inc. for the Trancas Canyon Park Upper and Lower Slopes Repair Project, Specification No. 2092 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
8. Acceptance of Trancas Canyon Park Playground Resurfacing Project Recommended Action: 1) Accept the work performed by Robertson Industries, Inc. for the Trancas Canyon Park Playground Resurfacing Project, Specification No. 2109 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
9. Acceptance of Legacy Park Benches Renovation Project Recommended Action: 1) Accept the work performed by Blackpointe Group Construction & Management, Inc. for the Legacy Park Benches Renovation Project, Specification No. 2105 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
10. Professional Services Agreement for Bluffs Park Snack Shack Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Pacific Architecture and Engineering, Inc. (PAC) in an amount not to exceed $200,000 for engineering design services for the Bluffs Park Snack Shack project.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
11. Award Las Flores Canyon Storm Drain Repair Project
Recommended Action: 1) Approve the award of bid and authorize the Mayor to execute an agreement with J & H Engineering General Contractors, Inc. (J & H) in the amount of $80,075 for the construction of the Las Flores Canyon Storm Drain Repair Project, Specification No. 2111; and 2) Authorize the Public Works Director to approve any potential change orders up to 20%.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 City Council Regular Meeting Agenda Page - 5 - November 25, 2024
12. Amendment to Professional Services with m6 Consulting, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with m6 Consulting, Inc. (m6) for engineering design services for disaster projects in an amount of $26,900 for a total amount not to exceed $337,185 and extend the term of the agreement through July 12, 2026.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
13. California Employer’s Retiree Benefit Trust Program Recommended Action: Adopt Resolution No. 24-59 to update the Delegation of Authority to Request Disbursements for the California Employers’ Retiree Benefit Trust Program (CERBT) and rescind Resolution No. 09-27.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
14. Professional Services Agreement with Kimley Horn
Recommended Action: Authorize the Mayor to execute a professional services agreement with Kimley Horn to develop a Speed Safety System Use Policy and Impact Report.
Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313
15. Investment Report for the Month Ending October 31, 2024 Recommended Action: Receive the Investment Report for the month ending October 31, 2024.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
16. Rejection of Bids for the Latigo Canyon Retaining Walls Rehabilitation Project Recommended Action: 1) Reject all bids received for the Latigo Canyon Retaining Walls Rehabilitation Project, Specification 2087; and 2) Direct staff to readvertise for construction bidding after FEMA/ CalOES has authorized the additional funding.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
2. Ceremonial/Presentations
A. Pacific Coast Highway Safety Update Presentation
3. Commission / Committee / City Manager Updates
City Council Regular Meeting Agenda Page - 6 - November 25, 2024
4. Written and Oral Communications from the Public (Subsequent items to be heard after 6:30 p.m.) 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.
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. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
5. Ordinances and Public Hearings
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.
None.
6. Old Business
Old Business items have appeared on previous agendas with no final action having been taken.
None.
7. New Business
New Business items are appearing for the first time for formal action.
A. Malibu Library Set Aside Funds for Fiscal Year (FY) 2025-26 Recommended Action: Approve Prioritized Funding List for FY 2025-26 as recommended by the Library Subcommittee
Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300 B. Bonsall Drive and Busch Drive Speed Humps Request
Recommended Action: 1) Install speed humps on Bonsall Drive between Pacific Coast Highway to end Bonsall Drive, and Busch Drive between Harvester Road and Cuthbert Road; and 2) Direct staff to present the proposed project to Administrative & Finance Subcommittee seeking additional funding for the placement of rubberized molded speed humps during the current fiscal year.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 C. Community Development Department Organizational Plan Recommended Action: 1) Receive and file the Community Development Department organizational plan; 2) Approve the creation of the Community Development Director position; and 3) Adopt Resolution No. 24-60 amending the Salary Ranges, Authorized Positions, and Class Descriptions for FY 2024-25.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 City Council Regular Meeting Agenda Page - 7 - November 25, 2024
8. Council Items
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.
None.
Adjournment
Future Meetings
Monday, December 9, 2024 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, December 23, 2024 CANCELLED
Monday, January 13, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings and Decorum
Public Communications: 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 in-person 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.
On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.
Role of the Presiding Officer: The presiding officer of the City Council, who shall be the Mayor, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public, and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.
Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.
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 number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), City Council Regular Meeting Agenda Page - 8 - November 25, 2024 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 15th day of November 2024 at 5:30 p.m.
Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 758
On November 25, 2024, the Malibu City Council allowed and approved warrant demand numbers 74190-74299 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 $2,924,435.21. City of Malibu payroll check numbers 5489 and ACH deposits were issued in the amount of $487,443.27.
PASSED, APPROVED and ADOPTED this 25th day of November 2024. ____________________________________________
Doug Stewart
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 $3,411,878.48 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 14th day of November 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
11-25-24
Item
1.B.2.
Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Accounts Payable
User:
Printed:
sflores
11/13/2024 8:49 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 74190 13STARS 13 STARS MEDIA 10/31/2024 0.00 241.04
74191 4LEAF 4LEAF INC 10/31/2024 0.00 25,049.38
74192 ANDKET ANDRE KETCHEDJIAN 10/31/2024 0.00 70.25
74193 ANDYGUMP ANDY GUMP INC 10/31/2024 0.00 111.69
74194 BUNYOL YOLANDA BUNDY 10/31/2024 0.00 116.71
74195 CAHIGH DEPT OF THE CA HIGHWAY PATROL 10/31/2024 0.00 91,354.60 74196 CASSWCON CASSWELL CONSULTING INC 10/31/2024 0.00 5,131.50 74197 CHEVRON2 WRIGHT EXPRESS FSC WEX BANK 10/31/2024 0.00 2,082.10 74198 CLANTON CLANTON ENGINEERING INC 10/31/2024 0.00 7,575.00 74199 COTTON COTTON, SHIRES & ASSOCIATES INC 10/31/2024 0.00 124,295.51 74200 CRPRINT CR PRINT 10/31/2024 0.00 2,403.85
74201 CSGCON CSG CONSULTANTS INC 10/31/2024 0.00 26,611.25 74202 EXCELOFF EXCEL OFFICE SERVICES 10/31/2024 0.00 709.30 74203 GMZENG GMZ ENGINEERING INC 10/31/2024 0.00 1,150,398.72 74204 HDSUPPLY HD SUPPLY INC 10/31/2024 0.00 640.67
74205 ICMAASS INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION 10/31/2024 0.00 10,581.00 74206 JLEEENG JLEE ENGINEERING INC 10/31/2024 0.00 9,520.00 74207 KIMLEY KIMLEY-HORN AND ASSOCIATES INC 10/31/2024 0.00 22,371.35 74208 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74209 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74210 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74211 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74212 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74213 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74214 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74215 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74216 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74217 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 10/31/2024 0.00 75.00 74218 LACOSHE LA CO SHERIFF'S DEPARTMENT 10/31/2024 0.00 953,864.53 74219 NAICKERV VASUDEVAN NAICKER 10/31/2024 0.00 160.00 74220 NORTHSIX NORTH SIX 10/31/2024 0.00 1,000.00
74221 PEOPCON OCEAN PARK COMMUNITY CENTER 10/31/2024 0.00 32,909.00 74222 RINCONC RINCON CONSULTANTS INC 10/31/2024 0.00 62,774.04 74223 SANCHA CHARLES SANTOS 10/31/2024 0.00 20.00
74224 SEKMAR MARINA SEK 10/31/2024 0.00 3,552.00
74225 SIERRAER SIERRA ERGONOMICS INC 10/31/2024 0.00 1,544.78 74226 STAPLES STAPLES CONTRACT & COMMERCIAL LLC 10/31/2024 0.00 447.58 74227 SUNPOWER SUNPOWER CORPORATION 10/31/2024 0.00 378.00 74228 TURCOL COLI TURNER 10/31/2024 0.00 100.00
74229 WESTCO WESTCO CONTRACTORS INC 10/31/2024 0.00 7,980.00 74230 13STARS 13 STARS MEDIA 11/04/2024 0.00 268.00
74231 AGTSDISC AGENTS OF DISCOVERY INC 11/04/2024 0.00 6,999.00 74232 AMERGLOB AMERICAN GLOBAL SECURITY INC 11/04/2024 0.00 3,150.00 74233 CROJOS JOSHUA CROCKER 11/04/2024 0.00 200.00
74234 ELIALE ALEXANDRA ELIZONDO 11/04/2024 0.00 64.41
74235 ENHANCE2 ENHANCED LANDSCAPE MANAGEMENT LLC 11/04/2024 0.00 43,043.58 74236 ERICMARK MARKUS ERICSON 11/04/2024 0.00 360.00
AP Checks by Date - Summary by Check Number (11/13/2024 8:49 AM) Page 1 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 74237 FASTDEER FAST DEER BUS CHARTER INC 11/04/2024 0.00 2,075.75 74238 GOMLUIS LUIS GOMEZ 11/04/2024 0.00 2,455.00
74239 HASROB ROBERT HASS 11/04/2024 0.00 150.00
74240 LACOWAT LA CO MALIBU TREASURER-WATERWORKS 11/04/2024 0.00 537.95 74241 MMARLINS MALIBU MARLINS SWIM CLUB 11/04/2024 0.00 6,143.90 74242 ORBASA ASA ORBISON 11/04/2024 0.00 600.00
74243 SMASH SMASH ATHLETICS INC 11/04/2024 0.00 798.73
74244 13STARS 13 STARS MEDIA 11/08/2024 0.00 971.28
74245 ARCIR ARC DOCUMENT SOLUTIONS LLC 11/08/2024 0.00 15.38 74246 Brooks RANEIKA BROOKS 11/08/2024 0.00 111.86
74247 CIVICPLU CIVICPLUS LLC 11/08/2024 0.00 7,054.38
74248 CJBIOMON COURTNEY JEAN MCCAMMON 11/08/2024 0.00 14,270.00 74249 COOKALI ALLISON COOK 11/08/2024 0.00 8,775.00
74250 DAPEERR DAPEER ROSENBLIT & LITVAK LLP 11/08/2024 0.00 101.88 74251 FRONTIER FRONTIER CALIFORNIA INC 11/08/2024 0.00 148.48 74252 GUTSTE STEVEN GUTIERREZ 11/08/2024 0.00 1,925.00
74253 IPC INC INTEGRATED PERFORMANCE CONSULTANTS INC 11/08/2024 0.00 103,752.16 74254 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 11/08/2024 0.00 75.00 74255 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 11/08/2024 0.00 75.00 74256 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 11/08/2024 0.00 75.00 74257 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 11/08/2024 0.00 75.00 74258 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 11/08/2024 0.00 75.00 74259 MOTOSOL MOTOROLA SOLUTIONS INC 11/08/2024 0.00 4,178.63 74260 NEWBURY NEWBURY PARK TREE SERVICE INC 11/08/2024 0.00 67,305.60 74261 PACIFICP PACIFIC PRODUCTION SERVICES INC 11/08/2024 0.00 1,000.00 74262 STAPLES STAPLES CONTRACT & COMMERCIAL LLC 11/08/2024 0.00 562.44 74263 TENFOURS TEN FOUR SEVEN ONE LLC 11/08/2024 0.00 54.00 74264 VERIZONW VERIZON WIRELESS SERVICES LLC 11/08/2024 0.00 4,763.40 74265 XEROXFIN XEROX CORPORATION 11/08/2024 0.00 1,204.34 74266 XEROXFIN XEROX CORPORATION 11/08/2024 0.00 684.37 74267 ICMA457 ICMA-MISSION SQUARE RETIREMENT - 303615 11/08/2024 0.00 18,862.37 74268 ICMACM ICMA-MISSION SQUARE RETIREMENT - 108658 11/08/2024 0.00 600.00 74269 ICMADH ICMA-MISSION SQUARE RETIREMENT - 108650 11/08/2024 0.00 875.00 74270 USBANK2 US BANK 11/08/2024 0.00 1,288.68
74271 AMERGLOB AMERICAN GLOBAL SECURITY INC 11/13/2024 0.00 3,150.00 74272 ARTTREK ART TREK, INC 11/13/2024 0.00 175.00
74273 BESTEVEN BEST EVENTS LOS ANGELES INC 11/13/2024 0.00 250.00 74274 BISVIC VICTOR BISETTI 11/13/2024 0.00 250.00
74275 BROCOR CORMICK BROWNE 11/13/2024 0.00 250.00
74276 CALISKAT CALIFORNIA SKATEPARKS 11/13/2024 0.00 38,472.00 74277 CONEJOA CONEJO AWARDS 11/13/2024 0.00 83.43
74278 COOPERM MARSHA COOPER 11/13/2024 0.00 650.00
74279 DANESHJ JACKLINE DANESHRAD 11/13/2024 0.00 500.00 74280 DAVLOREN LOREN DAVIS 11/13/2024 0.00 185.31
74281 DEERE JOHN DEERE COMPANY 11/13/2024 0.00 20,189.91 74282 FERCANOL LAURA DEMIERI FERCANO 11/13/2024 0.00 340.00 74283 GONRIC RICHARD GONZALEZ 11/13/2024 0.00 250.00
74284 MALNOE NOELANI MALLEY 11/13/2024 0.00 50.00
74285 MANMIC MICHAEL ANTHONY MANFREDO 11/13/2024 0.00 360.00 74286 MENTHA THAIS MENENDEZ 11/13/2024 0.00 250.00
74287 MERRICKJ JUDY MERRICK 11/13/2024 0.00 200.00
74288 NATIONA NATIONAL CONSTRUCTION RENTALS INC 11/13/2024 0.00 941.00 74289 NELSTE STEVEN F NELSON 11/13/2024 0.00 250.00
74290 PROPET PROPET DISTRIBUTORS INC. 11/13/2024 0.00 2,230.50 74291 RIESGO KRISTIN RIESGO 11/13/2024 0.00 25.03
74292 ROSENSHE SHEILA ROSENTHAL 11/13/2024 0.00 320.00
74293 SANALI ALINA SANCHEZ 11/13/2024 0.00 100.00
AP Checks by Date - Summary by Check Number (11/13/2024 8:49 AM) Page 2 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 74294 SPARKLET DS SERVICES OF AMERICA INC 11/13/2024 0.00 50.97 74295 SPIROG SEBASTIAN SPIROGLOU 11/13/2024 0.00 17.64
74296 TESKEL KELLY TESSER 11/13/2024 0.00 250.00
74297 ULTMAINT ULTIMATE MAINTENANCE SERVICES INC11/13/2024 0.00 3,675.00 74298 WOOCHR CHRISTOPHER WOOLEY 11/13/2024 0.00 250.00
74299 WOOJON JONATHAN PAGE WOODHEAD 11/13/2024 0.00 250.00 Report Total (110 checks): 0.00 2,924,435.21
AP Checks by Date - Summary by Check Number (11/13/2024 8:49 AM) Page 3 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 User:
Printed: 11/13/2024 - 8:53AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Account Number Vendor Description GL Date Check No Amount PO No 100-0000-3464-00 JOSHUA CROCKER Ref - Winter Basketball League 11/04/2024 74233 200.00 Vendor Subtotal: 200.00
100-0000-3469-00 ASA ORBISON Reissue CK#69911 Ref - Skate Camp 11/04/2024 74242 600.00 Vendor Subtotal: 600.00
100-0000-3943-00 TEN FOUR SEVEN ONE LLC Refund - 27212 PCH ,TOT Q3-2024 Overpymt11/08/2024 74263 54.00 Vendor Subtotal: 54.00
100-3008-5125-00 KIMLEY-HORN AND ASSOCIATES INC Task 10: Green Fleet Policy 8/16 - 8/31/24 10/31/2024 74207 14,356.35 0000004367 Vendor Subtotal: 14,356.35
100-4001-4210-00 State of California PR Taxes Unemployment Expenses - Q3'24 - Jul'24-Sep'2411/08/2024 0 6.00 Vendor Subtotal: 6.00
100-4001-5107-00 LUIS GOMEZ Audio/Visual Svs - Veterans Day 11/11/24 11/04/2024 74238 2,455.00 Vendor Subtotal: 2,455.00
100-4001-5300-00 KRISTIN RIESGO League of Cities Lunch 10/17/24 11/13/2024 74291 25.03 Vendor Subtotal: 25.03
100-4001-6160-00 SMASH ATHLETICS INC CSD Staff - Polo/Sweaters & Hats 11/04/2024 74243 798.73 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 1 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 798.73
100-4001-6160-00 DS SERVICES OF AMERICA INC Water - Bluffs & MHS Pool Staff 11/13/2024 74294 50.97 Vendor Subtotal: 50.97
100-4002-5107-00 MALIBU MARLINS SWIM CLUB Marlins Swim Team 10/9 - 11/6/24 11/04/2024 74241 6,143.90 0000004373 Vendor Subtotal: 6,143.90
100-4002-5340-00 LOREN DAVIS Mileage - CPRS Conference 10/22 - 10/24/24 11/13/2024 74280 185.31 Vendor Subtotal: 185.31
100-4003-6120-00 AGENTS OF DISCOVERY INC Annual Subscription - Bluffs/Legacy Park 11/04/2024 74231 6,999.00 0000004372 Vendor Subtotal: 6,999.00
100-4006-5107-00 MARKUS ERICSON Adult Softball Umpire 10/20/24 11/04/2024 74236 180.00 100-4006-5107-00 MARKUS ERICSON Adult Softball Umpire 10/27/24 11/04/2024 74236 180.00 Vendor Subtotal: 360.00
100-4006-6160-00 CONEJO AWARDS Plaques - Adult Softball Championship 11/13/2024 74277 83.43 Vendor Subtotal: 83.43
100-4007-5340-00 SEBASTIAN SPIROGLOU Mileage - Oct '24 11/13/2024 74295 17.64 Vendor Subtotal: 17.64
100-4008-5107-00 ART TREK, INC Instructor - Art Trek Workshop - Oct '24 11/13/2024 74272 175.00 Vendor Subtotal: 175.00
100-4008-5107-00 MARSHA COOPER Instructor - Stretch & Strength - Oct '24 11/13/2024 74278 650.00 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 2 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 650.00
100-4008-5107-00 JACKLINE DANESHRAD Instructor - Cardio Salsa - Oct '24 11/13/2024 74279 500.00 Vendor Subtotal: 500.00
100-4008-5107-00 LAURA DEMIERI FERCANO Instructor - Choir - Oct '24 11/13/2024 74282 340.00 Vendor Subtotal: 340.00
100-4008-5107-00 MICHAEL ANTHONY MANFREDO Instructor - Yoga - Oct '24 11/13/2024 74285 360.00 Vendor Subtotal: 360.00
100-4008-5107-00 JUDY MERRICK Instructor - Relax Through Coloring - Oct '24 11/13/2024 74287 200.00 Vendor Subtotal: 200.00
100-4008-5107-00 SHEILA ROSENTHAL Instructor - Knitting - Oct '24 11/13/2024 74292 320.00 Vendor Subtotal: 320.00
100-4008-6160-00 ALEXANDRA ELIZONDO Reimb - Sr Excursion Lunch 10/22/24 11/04/2024 74234 27.05 Vendor Subtotal: 27.05
100-4010-4210-00 State of California PR Taxes Unemployment Expenses - Q3'24 - Jul'24-Sep'2411/08/2024 0 32.00 Vendor Subtotal: 32.00
100-4010-5100-00 AMERICAN GLOBAL SECURITY INCEquestrian - Security Svcs - Sep '24 11/04/2024 74232 1,050.00 0000004128 100-4010-5100-00 AMERICAN GLOBAL SECURITY INCLas Flores - Security Svcs - Sep '24 11/04/2024 74232 1,050.00 0000004128 100-4010-5100-00 AMERICAN GLOBAL SECURITY INCTrancas - Security Svcs - Sep '24 11/04/2024 74232 1,050.00 0000004128 100-4010-5100-00 AMERICAN GLOBAL SECURITY INCLas Flores - Security Svcs - Oct '24 11/13/2024 74271 1,050.00 0000004128 100-4010-5100-00 AMERICAN GLOBAL SECURITY INCTrancas - Security Svcs - Oct '24 11/13/2024 74271 1,050.00 0000004128 100-4010-5100-00 AMERICAN GLOBAL SECURITY INCEquestrian - Security Svcs - Oct '24 11/13/2024 74271 1,050.00 0000004128 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 3 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 6,300.00
100-4010-5100-00 ENHANCED LANDSCAPE MANAGEMENT LLC City Parks Landscape Maint/Liners - Oct '24 11/04/2024 74235 25,262.45 0000004317 Vendor Subtotal: 25,262.45
100-4010-5100-00 ULTIMATE MAINTENANCE SERVICES INC City Parks Janitorial Svcs - Oct '24 11/13/2024 74297 3,675.00 0000004018 Vendor Subtotal: 3,675.00
100-4010-5710-00 NATIONAL CONSTRUCTION RENTALS INC Bluffs Park Portable Toilets 10/17 - 11/13/24 11/13/2024 74288 941.00 Vendor Subtotal: 941.00
100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Las Flores 8/13 - 10/9/24 Acct#29142887 11/04/2024 74240 190.98 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Las Flores Rambla 8/13 - 10/9/24 Acct#29143394 11/04/2024 74240 190.98 100-4010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Las Flores 8/13 - 10/9/24 Acct#29142869 11/04/2024 74240 155.99 Vendor Subtotal: 537.95
100-4010-6160-00 PROPET DISTRIBUTORS INC. Bluffs Park - Litter Bags 11/13/2024 74290 557.64 100-4010-6160-00 PROPET DISTRIBUTORS INC. Charmlee Park - Litter Bags 11/13/2024 74290 185.85 100-4010-6160-00 PROPET DISTRIBUTORS INC. Las Flores - Litter Bags 11/13/2024 74290 371.76 100-4010-6160-00 PROPET DISTRIBUTORS INC. Equestrian Park - Litter Bags 11/13/2024 74290 185.85 100-4010-6160-00 PROPET DISTRIBUTORS INC. Trancas Park - Litter Bags 11/13/2024 74290 371.76 Vendor Subtotal: 1,672.86
100-4010-7800-00 JOHN DEERE COMPANY Gator Vehicle Additional Tax 11/13/2024 74281 0.71 100-4010-7800-00 JOHN DEERE COMPANY Gator Vehicle for Park Maintenance 11/13/2024 74281 20,189.20 0000004290 Vendor Subtotal: 20,189.91
100-4012-5107-00 VICTOR BISETTI Musician - Art Exhibit Reception 11/17/24 11/13/2024 74274 250.00 Vendor Subtotal: 250.00
100-4012-5107-00 ROBERT HASS Caffinated Verse - Poetry Workshop 10/19/24 11/04/2024 74239 150.00 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 4 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 150.00
100-4012-5107-00 STEVEN F NELSON Musician - Art Exhibit Reception 11/17/24 11/13/2024 74289 250.00 Vendor Subtotal: 250.00
100-4012-5107-00 CHRISTOPHER WOOLEY Musician - Art Exhibit Reception 11/17/24 11/13/2024 74298 250.00 Vendor Subtotal: 250.00
100-4012-5107-00 JONATHAN PAGE WOODHEAD Musician - Art Exhibit Reception 11/17/24 11/13/2024 74299 250.00 Vendor Subtotal: 250.00
100-4012-6160-00 ALEXANDRA ELIZONDO Reimb - Farmer's Market Crafts 10/13/24 11/04/2024 74234 37.36 Vendor Subtotal: 37.36
100-7002-6165-00 CIVICPLUS LLC Annual Website Fee, Hosting/Support 11/1/24 - 10/31/25 11/08/2024 74247 7,054.38 0000004370 Vendor Subtotal: 7,054.38
100-7003-5330-00 INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION ICMA Renewal 2025 #848059 10/31/2024 74205 1,200.00 100-7003-5330-00 INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION ICMA Renewal 2025 #600548 10/31/2024 74205 1,200.00 100-7003-5330-00 INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION ICMA Renewal 2025 #1013140 10/31/2024 74205 1,200.00 Vendor Subtotal: 3,600.00
100-7005-5103-00 DAPEER ROSENBLIT & LITVAK LLPCity Prosecutor Svc 9/11 - 9/30/24 11/08/2024 74250 101.88 0000002553 Vendor Subtotal: 101.88
100-7021-5100-00 ALLISON COOK Safety Element - Oct '24 11/08/2024 74249 2,062.50 0000004334 Vendor Subtotal: 2,062.50
100-7021-5100-00 STEVEN GUTIERREZ Parking Enforcement Hearings - Oct '24 11/08/2024 74252 1,925.00 0000004374 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 5 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 1,925.00
100-7021-5100-00 NEWBURY PARK TREE SERVICE INCHazardous Tree Removal - Oct '24 11/08/2024 74260 67,305.60 0000004243 Vendor Subtotal: 67,305.60
100-7021-5100-01 DEPT OF THE CA HIGHWAY PATROLTraffic Enforcement Svcs - Sep '24 10/31/2024 74195 91,354.60 0000004220 Vendor Subtotal: 91,354.60
100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Traffic Enforcement 9/8 - 9/26/24 10/31/2024 74218 2,240.37 0000004305 100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Lost Hills - Sep '24 10/31/2024 74218 867,269.00 0000004305 Vendor Subtotal: 869,509.37
100-7021-5116-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Beach Team - Sep '24 10/31/2024 74218 60,864.81 0000004305 Vendor Subtotal: 60,864.81
100-7021-5119-00 OCEAN PARK COMMUNITY CENTERHomeless Outreach - Sep '24 10/31/2024 74221 32,909.00 0000003783 Vendor Subtotal: 32,909.00
100-7021-5401-00 13 STARS MEDIA Ad - Red Flag Plan 10/24/24 11/08/2024 74244 268.00 100-7021-5401-00 13 STARS MEDIA Ad - Stay Informed Evacuation 10/31/24 11/08/2024 74244 268.00 Vendor Subtotal: 536.00
100-7021-7800-00 MOTOROLA SOLUTIONS INC Dash Mount Radio 11/08/2024 74259 3,274.73 0000004264 100-7021-7800-00 MOTOROLA SOLUTIONS INC Dash Mount Radio Installation 11/08/2024 74259 903.90 0000004264 Vendor Subtotal: 4,178.63
100-7054-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Finance 11/08/2024 74262 34.59 Vendor Subtotal: 34.59
AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 6 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No 100-7059-4201-00 CalPERS Retirement PR 07.11.2024 PEPRA ER Contribution-Rounding 11/08/2024 0 -0.02 Vendor Subtotal: -0.02
100-7059-5300-00 INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION Employee Supervisory Training 10/31/2024 74205 6,981.00 0000004368 Vendor Subtotal: 6,981.00
100-7059-5640-00 ARC DOCUMENT SOLUTIONS LLCHP Pagewide XL4100 MFP - Through 10/26/2411/08/2024 74245 15.38 Vendor Subtotal: 15.38
100-7059-5640-00 EXCEL OFFICE SERVICES Copier Maint 9/17 - 10/16/24 10/31/2024 74202 709.30 Vendor Subtotal: 709.30
100-7059-5721-00 FRONTIER CALIFORNIA INC Bluffs Park Public Wifi 10/17 - 11/16/24 11/08/2024 74251 148.48 Vendor Subtotal: 148.48
100-7059-5721-00 VERIZON WIRELESS SERVICES LLCCell Phone Svc 9/24 - 10/23/24 11/08/2024 74264 4,763.40 Vendor Subtotal: 4,763.40
100-7059-5800-00 XEROX CORPORATION Xerox Lease - B8170 Balance 5/22/23 - 6/21/2311/08/2024 74265 516.84 0000003712 100-7059-5800-00 XEROX CORPORATION Xerox Lease - B8170 10/22 - 11/21/24 11/08/2024 74265 687.50 0000003712 100-7059-5800-00 XEROX CORPORATION Xerox Lease - C8155 Balance 12/22/23 - 1/21/2411/08/2024 74266 165.17 0000003859 100-7059-5800-00 XEROX CORPORATION Xerox Lease - C8155 10/22 - 11/21/24 11/08/2024 74266 519.20 0000003859 Vendor Subtotal: 1,888.71
100-7059-6160-00 SIERRA ERGONOMICS INC Ergonomic Assessment - EH Administrator 10/31/2024 74225 485.00 100-7059-6160-00 SIERRA ERGONOMICS INC Ergonomic Assessment - Enviro Analyst 10/31/2024 74225 529.89 100-7059-6160-00 SIERRA ERGONOMICS INC Ergonomic Assessment - Enviro Analyst 10/31/2024 74225 529.89 Vendor Subtotal: 1,544.78
100-7059-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Toner 10/31/2024 74226 219.89 100-7059-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Non Departmental 11/08/2024 74262 527.85 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 7 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 747.74
Subtotal for Section 1: 100 1,252,941.07
101-0000-3208-00 SUNPOWER CORPORATION Ref - Electrical Fees #24-0489, 6761 Wandermere Rd 10/31/2024 74227 292.00 101-0000-3208-00 SUNPOWER CORPORATION Ref - Electrical Fees #24-0960, 5012 Carbon Beach Ter 10/31/2024 74227 86.00 Vendor Subtotal: 378.00
101-2001-4210-00 State of California PR Taxes Unemployment Expenses - Q3'24 - Jul'24-Sep'2411/08/2024 0 78.00 Vendor Subtotal: 78.00
101-2001-5100-00 CASSWELL CONSULTING INC Contract Planning 9/23 - 9/30/24 10/31/2024 74196 4,174.50 0000004361 Vendor Subtotal: 4,174.50
101-2001-5100-00 COURTNEY JEAN MCCAMMON City Proj Contract Biologist - Oct '24 11/08/2024 74248 450.00 0000003797 Vendor Subtotal: 450.00
101-2001-5100-00 ALLISON COOK City Planning Svcs - Oct '24 Final 11/08/2024 74249 6,712.50 0000003985 Vendor Subtotal: 6,712.50
101-2001-5100-00 CSG CONSULTANTS INC Planning Consultant Svc 8/31 - 9/27/24 10/31/2024 74201 15,421.25 0000003986 Vendor Subtotal: 15,421.25
101-2001-5100-00 JLEE ENGINEERING INC LEAP Grant - Contract Planner - Sep '24 10/31/2024 74206 425.00 0000003791 101-2001-5100-00 JLEE ENGINEERING INC Contract Planner - Sep '24 10/31/2024 74206 9,095.00 0000003791 Vendor Subtotal: 9,520.00
101-2001-5100-00 MARINA SEK Contract Planning 9/23 - 9/30/24 10/31/2024 74224 3,552.00 0000004360 Vendor Subtotal: 3,552.00
AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 8 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No 101-2001-5100-01 COURTNEY JEAN MCCAMMON Contract Biologist - Oct '24 11/08/2024 74248 10,820.00 0000003797 Vendor Subtotal: 10,820.00
101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 18960 Pacific Coast Hwy - CDP 24-039 10/31/2024 74208 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 24942 Malibu Rd - CDP 22-03110/31/2024 74209 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 28904 Verde Mesa Ln - APRWF 21-042 10/31/2024 74210 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 31380 Broad Beach - APR 24-038 10/31/2024 74211 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 23837 Harbor Vista Dr - APR 24-018 10/31/2024 74212 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 27724 Pacific Coast Hwy - APR 23-050 10/31/2024 74213 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 24860 Pacific Coast Hwy - APR 22-028 10/31/2024 74214 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 4415 Vista Del Preseas - APRWF 21-037 10/31/2024 74215 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 4417 Vista Del Preseas - DMW 21-028 10/31/2024 74216 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 5520 Horizon Dr - APRWF 23-020 10/31/2024 74217 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 6645 Dume Dr - ACDP 24-00511/08/2024 74256 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 6722 Fernhill Dr - ACDP 24-01611/08/2024 74257 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - Citywide Proj - CDP 22-030 11/08/2024 74258 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 6282 Tapia Dr - APR 23-060 11/08/2024 74255 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 28926 Boniface Dr - ACDPA 23-001 11/8/2024 74254 75.00 Vendor Subtotal: 1,125.00
101-2001-5300-00 RANEIKA BROOKS Reimb - Parking 2024 APA Conf 11/08/2024 74246 20.00 Vendor Subtotal: 20.00
101-2001-5300-00 COLI TURNER Reimb - APA 2025 CPR PLA Registration 10/31/2024 74228 100.00 Vendor Subtotal: 100.00
101-2001-5340-00 RANEIKA BROOKS Mileage - Roundtrip 2024 APA Conf 11/08/2024 74246 91.86 Vendor Subtotal: 91.86
101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 10/24/24 10/31/2024 74190 137.00 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 10/17 & 10/24/2410/31/2024 74190 104.04 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 10-Day 10/10/2411/08/2024 74244 156.06 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 21-Day 10/10/2411/08/2024 74244 137.70 101-2001-5401-00 13 STARS MEDIA Legal Notice - TUP Application 10/10/24 11/08/2024 74244 141.52 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 9 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 676.32
101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 10/31/2024 74200 584.39 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings - 28926 Boniface ACDPA 23-001 10/31/2024 74200 181.82 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 10/31/2024 74200 360.96 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings - 30050 PCH 10/31/2024 74200 770.32 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 10/31/2024 74200 506.36 0000004077 Vendor Subtotal: 2,403.85
101-2004-5100-00 CLANTON ENGINEERING INC Dark Sky Program - Through 8/25/24 10/31/2024 74198 7,340.00 0000004306 101-2004-5100-00 CLANTON ENGINEERING INC Dark Sky Program - Through 9/25/24 10/31/2024 74198 235.00 0000004306 Vendor Subtotal: 7,575.00
101-2004-5100-00 COTTON, SHIRES & ASSOCIATES INC EH Counter Hours - Sep '24 10/31/2024 74199 8,909.50 0000004314 101-2004-5100-00 COTTON, SHIRES & ASSOCIATES INC B&S Misc - Shoreline Device/Records - Sep '2410/31/2024 74199 4,488.50 0000004314 101-2004-5100-00 COTTON, SHIRES & ASSOCIATES INC B&S Admin - Sep '24 10/31/2024 74199 3,820.00 0000004314 101-2004-5100-00 COTTON, SHIRES & ASSOCIATES INC B&S Misc - Sep '24 10/31/2024 74199 1,719.00 0000004314 101-2004-5100-00 COTTON, SHIRES & ASSOCIATES INC Coastal Engr Reviews - Sep '24 10/31/2024 74199 10,325.00 0000004314 101-2004-5100-00 COTTON, SHIRES & ASSOCIATES INC Geotech Reviews - Sep '24 10/31/2024 74199 41,080.25 0000004314 101-2004-5100-00 COTTON, SHIRES & ASSOCIATES INC Geo/Coastal Engr - Sep '24 10/31/2024 74199 20,628.01 0000004314 Vendor Subtotal: 90,970.26
101-2004-5100-00 CSG CONSULTANTS INC In-House Plan Check 8/31 - 9/27/24 10/31/2024 74201 11,190.00 0000004308 Vendor Subtotal: 11,190.00
101-2004-5100-00 KIMLEY-HORN AND ASSOCIATES INC Dark Sky Program - Through 9/30/24 10/31/2024 74207 1,575.00 0000004338 Vendor Subtotal: 1,575.00
101-2004-5300-00 ANDRE KETCHEDJIAN Reimb - 2024 ICC Conf Meals 10/31/2024 74192 70.25 Vendor Subtotal: 70.25
101-2004-5340-00 YOLANDA BUNDY Mileage - 2024 Leage of CA Conf 10/16 - 10/17/24 10/31/2024 74194 116.71 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 10 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 116.71
101-2010-5100-00 COTTON, SHIRES & ASSOCIATES INC EH Reviews - Sep '24 10/31/2024 74199 17,249.25 0000004314 Vendor Subtotal: 17,249.25
101-2012-4210-00 State of California PR Taxes Unemployment Expenses - Q3'24 - Jul'24-Sep'2411/08/2024 0 1,241.00 Vendor Subtotal: 1,241.00
101-3003-5100-00 RINCON CONSULTANTS INC On-Call Environmental Svcs - Sep '24 10/31/2024 74222 27,532.25 0000004337 101-3003-5100-00 RINCON CONSULTANTS INC On-Call Environmental Svcs T5 - Sep '24 10/31/2024 74222 20,339.50 0000004337 Vendor Subtotal: 47,871.75
Subtotal for Section 1: 101 233,382.50
102-3002-5100-01 COURTNEY JEAN MCCAMMON WF Contract Biologist - Oct '24 11/08/2024 74248 3,000.00 0000003797 Vendor Subtotal: 3,000.00
102-3002-5100-02 4LEAF INC WF Contract Planner - Sep '24 10/31/2024 74191 25,049.38 0000003375 Vendor Subtotal: 25,049.38
102-3002-5100-02 CASSWELL CONSULTING INC WF Contract Planning 9/23 - 9/30/24 10/31/2024 74196 957.00 0000004361 Vendor Subtotal: 957.00
102-3002-5100-03 COTTON, SHIRES & ASSOCIATES INC WF EH Reviews - Sep '34 10/31/2024 74199 1,259.00 0000003347 102-3002-5100-03 COTTON, SHIRES & ASSOCIATES INC WF Counter Hours - Sep '24 10/31/2024 74199 6,517.50 0000003347 102-3002-5100-03 COTTON, SHIRES & ASSOCIATES INC WF Geo Reviews - Sep '24 10/31/2024 74199 8,299.50 0000003347 Vendor Subtotal: 16,076.00
Subtotal for Section 1: 102 45,082.38
AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 11 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No 103-9050-5100-00 ENHANCED LANDSCAPE MANAGEMENT LLC City Hall Landscape Maint - Oct '24 11/04/2024 74235 1,062.92 0000004317 Vendor Subtotal: 1,062.92
103-9050-5610-00 WESTCO CONTRACTORS INC Light Controller Replacement/Installation 10/31/2024 74229 7,980.00 0000004369 Vendor Subtotal: 7,980.00
103-9050-6160-00 HD SUPPLY INC City Hall Janitorial Supplies 10/31/2024 74204 147.84 103-9050-6160-00 HD SUPPLY INC City Hall Janitorial Supplies 10/31/2024 74204 49.19 103-9050-6160-00 HD SUPPLY INC City Hall Janitorial Supplies 10/31/2024 74204 443.64 Vendor Subtotal: 640.67
Subtotal for Section 1: 103 9,683.59
203-3009-5145-00 13 STARS MEDIA Ad - Dial-A-Ride 10/24/24 11/04/2024 74230 268.00 Vendor Subtotal: 268.00
203-3009-5148-00 FAST DEER BUS CHARTER INC Sr Excursion - Battleship USS Iowa 10/22/24 11/04/2024 74237 2,075.75 Vendor Subtotal: 2,075.75
Subtotal for Section 1: 203 2,343.75
207-3004-6160-00 ANDY GUMP INC Enviro Event Toilet 10/18 - 10/21/24 10/31/2024 74193 111.69 Vendor Subtotal: 111.69
Subtotal for Section 1: 207 111.69
211-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Brulte - Sep '24 10/31/2024 74218 23,490.35 0000004305 Vendor Subtotal: 23,490.35
Subtotal for Section 1: 211 23,490.35
AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 12 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No 310-9066-5100-00 GMZ ENGINEERING INC PCH Signal Synch Proj - Sep '24 10/31/2024 74203 1,150,398.72 0000004076 Vendor Subtotal: 1,150,398.72
310-9066-5100-00 KIMLEY-HORN AND ASSOCIATES INC Task 15: Feedback Camera - Through 8/10/24 10/31/2024 74207 2,146.00 0000003934 310-9066-5100-00 KIMLEY-HORN AND ASSOCIATES INC Task 15: Feedback Camera 8/16 - 8/31/24 10/31/2024 74207 4,294.00 0000004367 Vendor Subtotal: 6,440.00
310-9090-5100-00 CALIFORNIA SKATEPARKS Permanent Skatepark Consultant 11/13/2024 74276 38,472.00 0000003627 Vendor Subtotal: 38,472.00
Subtotal for Section 1: 310 1,195,310.72
500-7008-5100-00 ENHANCED LANDSCAPE MANAGEMENT LLC Legacy Park Landscape Maint/Liners - Oct '2411/04/2024 74235 16,718.21 0000004317 Vendor Subtotal: 16,718.21
500-7008-6160-00 PROPET DISTRIBUTORS INC. Legacy Park - Litter Bags 11/13/2024 74290 557.64 Vendor Subtotal: 557.64
Subtotal for Section 1: 500 17,275.85
515-3010-5611-00 INTEGRATED PERFORMANCE CONSULTANTS INC Operation/Maint - CCWWTF - Aug '24 11/08/2024 74253 96,338.25 0000003456 Vendor Subtotal: 96,338.25
515-3010-5640-00 INTEGRATED PERFORMANCE CONSULTANTS INC Equipment Maint - CCWWTF - Aug '24 11/08/2024 74253 7,413.91 0000003456 Vendor Subtotal: 7,413.91
515-3010-5656-00 RINCON CONSULTANTS INC CCWTF Water Quality Monitoring - Sep '24 10/31/2024 74222 14,902.29 0000004135 Vendor Subtotal: 14,902.29
AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 13 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Subtotal for Section 1: 515 118,654.45
601-3005-6330-00 VASUDEVAN NAICKER Car Wash City Vehicles 10/24/24 10/31/2024 74219 160.00 Vendor Subtotal: 160.00
601-3005-6500-00 WRIGHT EXPRESS FSC WEX BANKGas Receipts 9/24 - 10/23/24 10/31/2024 74197 2,082.10 Vendor Subtotal: 2,082.10
Subtotal for Section 1: 601 2,242.10
602-7060-7400-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Information Systems 10/31/2024 74226 227.69 Vendor Subtotal: 227.69
Subtotal for Section 1: 602 227.69
710-0000-2270-12 BEST EVENTS LOS ANGELES INCRef - Best Events - Security Deposit 10/13/24 11/13/2024 74273 250.00 Vendor Subtotal: 250.00
710-0000-2270-12 CORMICK BROWNE Ref - C.Browne - Security Deposit 10/12/24 11/13/2024 74275 250.00 Vendor Subtotal: 250.00
710-0000-2270-12 RICHARD GONZALEZ Ref - R.Gonzalez - Security Deposit 10/13/24 11/13/2024 74283 250.00 Vendor Subtotal: 250.00
710-0000-2270-12 NOELANI MALLEY Ref - N.Malley - Security Deposit 10/27/24 11/13/2024 74284 50.00 Vendor Subtotal: 50.00
710-0000-2270-12 THAIS MENENDEZ Ref - T.Menendez - Security Deposit 10/20/2411/13/2024 74286 250.00 AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 14 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 250.00
710-0000-2270-12 ALINA SANCHEZ Ref - A.Sanchez - Security Deposit 10/27/24 11/13/2024 74293 100.00 Vendor Subtotal: 100.00
710-0000-2270-12 KELLY TESSER Ref - T.Kelly - Security Deposit 10/19/24 11/13/2024 74296 250.00 Vendor Subtotal: 250.00
710-0000-2270-54 CHARLES SANTOS Ref - Duplicate Rec Doc Fee No. 2024069344210/31/2024 74223 20.00 Vendor Subtotal: 20.00
710-0000-2270-57 NORTH SIX Ref - Film Permit Bond No. 24-159 10/31/2024 74220 1,000.00 Vendor Subtotal: 1,000.00
710-0000-2270-57 PACIFIC PRODUCTION SERVICES INC Ref - Film Permit No. 24-158 11/08/2024 74261 1,000.00 Vendor Subtotal: 1,000.00
Subtotal for Section 1: 710 3,420.00
900-0000-2040-00 CalPERS Retirement PR Batch 70007.11.2024 PERS Addl Retiremnt Svc Credit 11/08/2024 0 1,781.60 900-0000-2040-00 CalPERS Retirement PR Batch 70007.11.2024 PERS EEShare/ERPaid11/08/2024 0 10,656.60 Vendor Subtotal: 12,438.20
900-0000-2040-01 CalPERS Retirement PR Batch 70007.11.2024 PERS ERShare 11/08/2024 0 20,262.75 900-0000-2040-01 CalPERS Retirement PR Batch 70007.11.2024 PEPRA ER Contribution 11/08/2024 0 17,010.62 Vendor Subtotal: 37,273.37
900-0000-2040-02 CalPERS Retirement PR Batch 70007.11.2024 PEPRA EE Contribution 11/08/2024 0 17,156.21 Vendor Subtotal: 17,156.21
AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 15 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No 900-0000-2041-00 US BANK PR Batch 70007.11.2024 PARS - ER Share 11/08/2024 74270 223.40 900-0000-2041-00 US BANK PR Batch 70007.11.2024 PARS - EE Share 11/08/2024 74270 1,065.28 Vendor Subtotal: 1,288.68
900-0000-2042-00 ICMA-MISSION SQUARE RETIREMENT - 303615 PR Batch 70007.11.2024 ICMA Def Comp - % of Salary 11/08/2024 74267 1,459.38 900-0000-2042-00 ICMA-MISSION SQUARE RETIREMENT - 303615 PR Batch 70007.11.2024 ICMA Def Comp - Flat Amount 11/08/2024 74267 13,000.39 900-0000-2042-00 ICMA-MISSION SQUARE RETIREMENT - 303615 PR Batch 70007.11.2024 ER Contribution to ICMA 11/08/2024 74267 3,400.00 Vendor Subtotal: 17,859.77
900-0000-2042-01 ICMA-MISSION SQUARE RETIREMENT - 303615 PR Batch 70007.11.2024 ICMA Loan Program11/08/2024 74267 1,002.60 Vendor Subtotal: 1,002.60
900-0000-2043-00 ICMA-MISSION SQUARE RETIREMENT - 108658 PR Batch 70007.11.2024 ICMA - City Manager11/08/2024 74268 600.00 Vendor Subtotal: 600.00
900-0000-2043-00 ICMA-MISSION SQUARE RETIREMENT - 108650 PR Batch 70007.11.2024 ICMA - Dept Heads 11/08/2024 74269 875.00 Vendor Subtotal: 875.00
900-0000-2050-00 Federal Taxes from PR PR Batch 70007.11.2024 Federal Income Tax 11/08/2024 0 59,010.55 Vendor Subtotal: 59,010.55
900-0000-2051-00 State of California PR Taxes PR Batch 70007.11.2024 State Income Tax 11/08/2024 0 22,705.79 Vendor Subtotal: 22,705.79
900-0000-2053-00 Federal Taxes from PR PR Batch 70007.11.2024 Medicare ER Share 11/08/2024 0 6,506.13 900-0000-2053-00 Federal Taxes from PR PR Batch 70007.11.2024 Medicare EE Share 11/08/2024 0 6,850.04 Vendor Subtotal: 13,356.17
Subtotal for Section 1: 900 183,566.34
AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 16 Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86 Account Number Vendor Description GL Date Check No Amount PO No Report Total: 3,087,732.48
AP-Transactions by Account (11/13/2024 - 8:53 AM) Page 17 Report Total:
Clearing House Electronic AP: Clearing House
Total:
3,087,732.48
(163,297.27)
2,924,435.21
Docusign Envelope ID: F26CCAF8-AA8E-4068-9F6C-78D7DA365C86
Agenda Item # 1.B.3.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: November 13, 2024 Meeting date: November 25, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the October 2, 2024 Special Meeting, the October 7, 2024 Special Meeting, the October 14, 2024 Regular 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 2024-25 Strategic Priority Project List.
DISCUSSION: Staff has prepared draft minutes for the Council meetings on October 2, 2024, October 7, 2024, and October 14, 2024.
ATTACHMENTS:
October 2, 2024 Special Meeting
October 7, 2024 Special Meeting
October 14, 2024 Regular Meeting
City Council Meeting
11-25-24
Item
1.B.3.
1 MINUTES
MALIBU CITY COUNCIL
SPECIAL MEETING
OCTOBER 2, 2024
COUNCIL CHAMBERS
1:00 P.M.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 1:01 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein, and Steve Uhring.
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Maureen Tamuri, Interim Planning Director; Susan Dueñas, Public Safety Director; and Rob DuBoux, Public Works Director; Julie Bauer, Senior Permit Services Technician; Andre Ketchedjian, Senior Plan Check Engineer; Tyler Eaton, Senior Planner; and Patricia Salazar, Development and Operations Manager
PLEDGE OF ALLEGIANCE
Community Services Director Riesgo led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on September 27, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to approve the agenda. The motion carried unanimously.
ITEM 1 NEW BUSINESS
A. Proposed Schedule of Fees Fiscal Year 2024-25
Recommended Action: Provide direction and feedback to staff on the Fiscal Year (FY) 2024-25 Proposed Budget.
Planning Department and Environmental Sustainability staff presented on fees for development projects and answered questions from the Councilmembers.
The Council discussed the recommended fees and priorities for cost recovery. The Attachment 1
2 Malibu City Council
Minutes of October 2, 2024
_________________________
Council discussed ways to subsidize Planning fees while maintaining a 75% cost recovery rate and options to incentivize smaller projects.
CONSENSUS
By consensus, the Council directed the Administration and Finance Subcommittee to review the fee schedule and make a recommendation regarding development fee subsidies.
ADJOURNMENT
Mayor Stewart adjourned the meeting at 3:58 p.m.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
DOUG STEWART, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
3 MINUTES
MALIBU CITY COUNCIL
SPECIAL MEETING
OCTOBER 7, 2024
COUNCIL CHAMBERS
2:00 P.M.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 2:00 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein and Steve Uhring.
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Christina Muñoz, Deputy City Clerk; and Parker Davis, Media Technician
PLEDGE OF ALLEGIANCE
Interim City Attorney Rusin led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
Deputy City Clerk Muñoz reported that the agenda for the meeting was properly posted on October 4, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Riggins seconded a motion to approve the agenda. The motion carried unanimously.
At the request of Councilmember Silverstein, the Council observed a moment of silence in memory of all the lost lives in Israel and Palestine.
PUBLIC COMMENT ON CLOSED SESSION
Mayor Stewart opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 2:03 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
4 Malibu City Council
Minutes of October 7, 2024
_________________________
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
Conference with Legal Counsel – Anticipated Litigation
1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (1)
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 2:05 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1) and 54956.9 with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.
ADJOURNMENT
Mayor Stewart adjourned the meeting at 2:56 p.m.
Approved and adopted by the City Council of the
City of Malibu on November 12, 2024.
_________________________________
DOUG STEWART, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
5 Attachment 2
MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
OCTOBER 14, 2024
COUNCIL CHAMBERS
5:30 P.M.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 4:15 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein and Steve Uhring.
PUBLIC COMMENT ON CLOSED SESSION
Mayor Stewart opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 4:16 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
1. Property Known as Malibu Coast Animal Hospital: 23431 Pacific Coast Hwy, APN 4458-020-903
City Negotiator: Assistant City Manager Joe Toney or his Designee.
Negotiating Parties: David Marler
Under Negotiation: Price and Terms of Payment
2. Property Known as Super Care Drugs Pharmacy: 23661 Pacific Coast Hwy, APN 4458-020-903
City Negotiator: Assistant City Manager Joe Toney or his Designee.
Negotiating Parties: Tomas Park
Under Negotiation: Price and Terms of Payment
Conference with Legal Counsel – Anticipated Litigation
1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (2)
Attachment 3
6 Malibu City Council
Minutes of October 14, 2024
_________________________
REGULAR SESSION CALL TO ORDER
Mayor Stewart called the meeting to order at 5:43 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein and Steve Uhring.
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Maureen Tamuri, Interim Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; Sarah Flores, Emergency Services Coordinator; Jerry Vandermuelen, Fire Safety Liaison; and Bradley Yocum, Fire Safety Liaison
PLEDGE OF ALLEGIANCE
Time Pera led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 4:15 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Sections 54956.9(d)(4) and 54956.8, with all Councilmembers present. 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 October 4, 2024, with the amended agenda posted on October 11, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Grisanti moved, and Mayor Pro Tem Riggins seconded a motion to approve the agenda, adjourning in memory of Pete Lippman, Paul Randall, and Jo Ruggles. The motion carried unanimously.
ITEM 1 CONSENT CALENDAR
The Mayor opened the floor for public comment on the Consent Calendar. As there were no speakers present, he returned the matter to the table for discussion. 7 Malibu City Council
Minutes of October 14, 2024
_________________________
Item Nos. 1.B.8. was pulled by the Council.
MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item No. 1.B.8. The motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
1. Second Reading and Adoption of Ordinance No. 523
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 523 approving Local Coastal Program Amendment No. 20- 001 and Zone Text Amendment No. 20-002 to update regulations and determining the amendments are exempt from the California Environmental Quality Act (CEQA).
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.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 73658-73860 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. 755 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 4,370,519.83. City of Malibu payroll check number 5485 and ACH deposits were issued in the amount of $785,197.34.
3. Approval of Minutes
Recommended Action: Approve the minutes for the August 19, 2024 Special meeting and August 26, 2024 Regular meeting.
4. Investment Report for the Month Ending August 31, 2024 Recommended Action: Receive the Investment Report for the month ending August 31, 2024.
5. Beverage Container Recycling Grant Program
Recommended Action: Adopt Resolution No. 24-53 authorizing the submittal of an application for grant funds through the Department of Resources Recycling and Recovery (CalRecycle) Beverage Container Recycling Grant Program.
6. Resolution Declaring the Existence of a Local Emergency and Initiating a Program for Reducing the Risk of Fires Associated with Individuals Engaged in Unpermitted Camping
Recommended Action: Adopt Resolution No. 24-54 declaring the existence of a local emergency and initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping.
7. Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for Representation of the City 8 Malibu City Council
Minutes of October 14, 2024
_________________________
related to the Matter of City of Malibu v. Federal Aviation Administration related to Aviation Noise and Impacts Generated from Changes to Los Angeles International Airport Flight Paths
Recommended Action: Authorize the City Manager to execute a fifth amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. for representation of the City related to the matter of Malibu v. Federal Aviation Administration, No. 24-2503.
The following item was pulled from the consent calendar for individual consideration:
8. Assignment of Interest in Malibu Lumber Yard Ground Lease Recommended Action: 1) Approve, subject to implementing documentation, the transfer of all rights and obligations under the ground lease for the Malibu Lumber Yard site dated June 9, 2008 (Ground Lease), of WPG Malibu LLC (WPG), the tenant of the Malibu Lumber Yard (located at 3939 Cross Creek Road), to AJS Lumberyard, LLC, (AJS) a Delaware limited liability company and the execution of a new Guaranty of Ground Lease by 9308 Civic Center Drive LLC, a California limited liability company; and 2) Authorize the City Manager to execute Attachments A-D, and all documents necessary or appropriate to effectuate the City’s approval of such changes, in such form as the City Manager shall determine appropriate, with such changes as deemed appropriate by the City Manager.
The Council discussed the item and directed questions to staff.
MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to: 1) approve, subject to implementing documentation, the transfer of all rights and obligations under the ground lease for the Malibu Lumber Yard site dated June 9, 2008 (Ground Lease), of WPG Malibu LLC (WPG), the tenant of the Malibu Lumber Yard (located at 3939 Cross Creek Road), to AJS Lumberyard, LLC, (AJS) a Delaware limited liability company and the execution of a new Guaranty of Ground Lease by 9308 Civic Center Drive LLC, a California limited liability company; and 2) authorize the City Manager to execute Attachments A-D, and all documents necessary or appropriate to effectuate the City’s approval of such changes, in such form as the City Manager shall determine appropriate, with such changes as deemed appropriate by the City Manager. The motion carried 4-1, Councilmember Silverstein opposed.
ITEM 2 CEREMONIAL/PRESENTATIONS
A. Presentation of Commendation to the Malibu Farmers Market in Recognition of its 25th Anniversary
Councilmember Uhring presented the commendation to Debra Bianco. 9 Malibu City Council
Minutes of October 14, 2024
_________________________
Ms. Bianco thanked the Council and discussed the Cornucopia Foundation’s upcoming projects.
B. Presentation of Commendation to William Bema for Assisting with a Rescue in Malibu Canyon
Mayor Stewart presented the proclamation Marianne Bema, on behalf of William Bema.
Ms. Bema discussed her son William Bema’s role in the rescue.
Mr. Bema discussed his brother William Bema’s role in the rescue.
C. 2024 Fire Season Outlook Presentation
Public Safety Director Dueñas, Los Angeles County Fire Department Assistant Chief Drew Smith, Fire Safety Liaisons Yocum and Vandermuelen, and Emergency Services Coordinator Flores presented on fire season outlook and fire preparedness programs.
The Council directed questions to staff and Assistant Chief Smith.
D. SB 1297 (Speed Cameras) Implementation Plan Presentation Deputy City Manager Brown presented on SB 1297 and plans for implementation.
ITEM 3 COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Jo Drummond, Public Works Commission, discussed the draft traffic study for Malibu Canyon Road and plans for safety improvements. She stated there would be a community meeting before the projects were presented to the Council. She stated the Commission would review the technical design for the Permanent Skatepark. She stated the Snack Shack was also going through the design process.
City Manager McClary stated staff was working on an item regarding the Mobilehome Park Rent Stabilization Commission and would begin advertising for the vacancies on the Commission. He stated he spoke with State Parks regarding the invasive Arundo plant in Malibu Creek and State Parks would address it. He announced another Pacific Coast Highway (PCH) Master Plan Feasibility Study workshop on October 23, 2024. He announced a candlelight vigil on October 17, 2024 in honor of the Pepperdine students killed in a car crash on October 17, 2023.
He stated there would also be a media event focusing on PCH safety on October 18, 2024 at the ghost tires memorial. He announced the City had received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the 23rd year in a row. He thanked the Finance Division for their work. He stated the City’s draft Housing Element had been submitted to HCD. He stated the Regional Water Quality Control Board 10 Malibu City Council
Minutes of October 14, 2024
_________________________
would consider an amendment to the MOU with the City regarding the prohibition on onsite wastewater treatment facilities in the Civic Center area. He announced a Special meeting on October 24, 2024 on the community lands outreach project outcomes. He stated he had been contacted by property owners inquiring if the City would consider purchasing additional property.
CONSENSUS
By consensus, the Council directed staff to bring back an item on the potential purchase of two properties (3542 Coast View Drive and 6551 Portshead Road).
City Manager McClary announced the October 28, 2024 agenda would include items on the Mobilehome Park Rent Stabilization Commission, school district separation agreements, FY 2024-25 Strategic Priorities, naming rights for City facilities, and the road race agreement. He stated he, Deputy City Manager Brown, Mayor Pro Tem Riggins, and Mayor Stewart attended Camp Kilpatrick tour with Supervisor Horvath’s office. He stated he planned to attend the League of California Cities Annual Conference.
In response to Councilmember Silverstein and Mayor Pro Tem Riggins, Public Works Director DuBoux stated the diagonal parking spaces along the south side Civic Center Way were each half in Legacy Park and half in the public right-ofway. He stated the parking spaces along the north side were entirely in the public right-of-way.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, commended William Bema. He reported there were 31 fewer property crimes compared to last year. He discussed an incident on October 9, 2024 where a transient at Malibu Fitness was threatening staff. He discussed an incident at Topanga Beach where a transient assaulted surfer’s car and assaulted the surfer. He discussed a cleanup event with Caltrans near Coastline Drive. He discussed a fatal traffic collision near Topanga Canyon. He reminded everyone to drive safely. He presented a video on the Malibu/Lost Hills Station real time crime center.
In response to Councilmember Grisanti, Sergeant Soderlund discussed the response to an unpermitted car show near Saddle Peak.
ITEM 4.A. PUBLIC COMMENTS
Ranger Tim Pera, Mountains Recreation Conservation Authority (MRCA), presented the monthly ranger report. He stated seven administrative citations were issued at Escondido and Lechuza beach for possession of alcohol, smoking, dogs on the beach, and illegal off-trail use. He stated 467 parking citations were issued at coastal parks. He discussed homeless outreach at Malibu Bluffs and encampment cleanup. He stated he had received a report of two new encampments and additional outreach efforts were being planned. He stated there were extended fire patrols due to weather events.
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Howard Ferguson deferred time to Candace Ferguson.
Candace Ferguson, Point Dume Club Residents Association, requested the Council reactivate the Mobilehome Park Rent Stabilization Commission. She suggested individuals who could serve as commissioners.
Rob Blackman requested the Council reactivate the Mobilehome Park Rent Stabilization Commission. He discussed the recent sale of the Point Dume Club Mobilehome Park.
Dru Ann Jacobson requested the Council reactivate the Mobilehome Park Rent Stabilization Commission.
Michel Shane discussed the crash that killed the four Pepperdine students. He requested the City declare October 17 as Safe PCH Day.
Larry discussed Bruce Silverstein’s Facebook meme page and described some of the memes he found distasteful.
Aaron discussed the adoption of the 2024 Emergency Operations Plan.
Mayor Stewart requested the speaker hold his comments until the agendized item is heard.
Bill Sampson indicated support for Safe PCH Day. He indicated support for reactivating the Mobilehome Park Rent Stabilization Commission. He stated he was willing to serve on the Commission.
Andy Lyon addressed Larry’s comments. He announced he was running as a writein candidate for City Council.
Fred Dora discussed the recent ruling the favor of the City in the litigation between MTC and the City. He encouraged the City to collect the legal fees owed as a result of the ruling.
Ann Doneen discussed politics around the General Municipal Election. She discussed how the mission of MTC aligned with the City’s Mission Statement. She discussed rumors regarding MTC, Councilmember Uhring, John Mazza, and Jo Drummond.
Jo Drummond discussed the comments from Zoom participants regarding Councilmember Uhring and Councilmember Silverstein. She objected to the statements made regarding her and Councilmember Silverstein. She discussed litigation with MTC and the end of the Malibu Bluffs/Charmlee Park swap.
ITEM 4.B. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
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Councilmember Silverstein indicated support for reactivating the Mobilehome Park Rent Stabilization Commission. He suggested the mobilehome park residents nominate Commissioners. He indicated support for Safe PCH Day.
CONSENSUS
By consensus, the Council directed staff to consider declaring October 17 Safe PCH Day.
Councilmember Silverstein discussed the new meeting start time and format and the efficiencies of the new format. He suggested recognizing Chumash and Indigenous People’s Day.
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider recognizing Indigenous People’s Day.
Councilmember Silverstein discussed the purpose of the Facebook meme group and the large volume of memes that had been posted.
Councilmember Uhring discussed comments from the Zoom speakers. He discussed the Malibu Times article on Keegan Gibb’s work with the Malibu Fire Brigades. He requested a summary of how Planning staff was preparing staff report recommendations.
City Manager McClary confirmed staff would distribute a memo regarding Planning staff reports.
Councilmember Uhring discussed increasing fire insurance costs and the challenges for residents to find insurance providers will to provide coverage in Malibu.
In response to Mayor Pro Tem Riggins, Ranger Pera discussed the MRCA’s fire division and contractor brush clearance projects.
Mayor Pro Tem Riggins thanked staff for its work on all the major projects. She discussed the Camp Kilpatrick tour. She stated she attended the JPIA Risk Management Conference. She stated she attended a Public Safety Commission meeting and requested the tow yard item be scheduled as soon as possible.
City Manager McClary confirmed staff was working on the tow yard item.
Councilmember Grisanti stated the Council had held several special meetings in recent weeks to move the City’s business forward.
Mayor Pro Tem Riggins announced the Malibu Methodist Pie Festival October 19, 2024.
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Mayor Stewart stated he attended an Administration and Finance Subcommittee meeting and an ice cream social for City staff. He stated he attended the ribbon cutting for the real time crime center at the Malibu/Lost Hills Station. He discussed the Camp Kilpatrick tour and how the residents were selected for the Camp Kilpatrick program. He stated he attended the business roundtable meeting. He stated he attended a remembrance ceremony at Calabasas City Hall for Israel. He indicated support for PCH Safety Day. He discussed his support for the Fire Brigade program and its purpose. He discussed Mobilehome Park Rent Stabilization Commissioner recruitment and appointment. He discussed the home insurance issues in Malibu and nationally.
Councilmember Silverstein discussed the previous plans for Camp Kilpatrick and how the facility was being used now.
RECESS At 8:18 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 8:27 p.m. with all Councilmembers present.
ITEM 5 ORDINANCES AND PUBLIC HEARINGS
None.
ITEM 6 OLD BUSINESS
A. Strategic Workplan Fiscal Year 24-25
Recommended Action: Continue this item to the October 28, 2024 Regular City Council meeting.
This item was continued upon approval of the agenda.
ITEM 7 NEW BUSINESS
A. Code of Conduct
Recommended Action: Adopt Resolution No. 24-52 establishing a Code of Conduct for City Officials.
Assistant City Manager Toney and Deputy City Manager Brown presented the staff report.
Mayor Stewart opened the floor to public comment. As there were no speakers present, Mayor Stewart returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-52 establishing a Code of Conduct for City Officials.
The motion carried 4-1, Councilmember Uhring abstained. 14 Malibu City Council
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B. Adoption of the 2024 Emergency Operations Plan
Recommended Action: Adopt Resolution No. 24-51 adopting the 2024 Emergency Operations Plan.
Emergency Services Coordinator Flores presented the staff report.
Mayor Stewart opened the floor to public comment. As there were no speakers present, Mayor Stewart returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Silverstein moved to adopt Resolution No. 24-51 adopting the 2024 Emergency Operations Plan.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Riggins seconded the motion.
The Council discussed the item.
The motion carried unanimously.
C. Appropriation of Office of Traffic Safety (OTS) Grant Funds for Enforcement Operations and Public Education Campaign and Agreement for Public Education Campaign
Recommended Action: Continue this item to the October 28, 2024 Regular City Council meeting.
This item was continued upon approval of the agenda.
ITEM 8 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Stewart adjourned the meeting at 9:32 p.m. in memory of Jo Ruggles, Paul Randall, and Pete Lippman.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
DOUG STEWART, Mayor
15 Malibu City Council
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ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
16
Agenda Item # 1.B.4.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Reviewed by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: November 4, 2024 Meeting date: November 25, 2024 Subject: City’s Conflict of Interest Code
RECOMMENDED ACTION: Adopt Resolution No. 24-58 adopting the City’s Conflict of Interest Code and repealing Resolution No. 22-38.
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 2024-25 Strategic Priority Project List.
DISCUSSION: Government Code Section 87300 requires the City to adopt a Conflict of Interest Code, which will be reviewed biennially. The City’s Conflict of Interest Code was last amended on August 22, 2022
Government Code Section 87200 designates the officials required to file statement of economic interests. Malibu officials include City Councilmembers, City Manager, City Attorney, Planning Commissioners and City Treasurer. Additionally, the City’s Conflict of Interest Code must designate the positions within the City involved in the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest. On June 24, 2024, the City Council adopted Resolution No. 24-33 approving the authorized positions and salary ranges for Fiscal Year 2024-25, including updated classification titles and reclassifications recommended in the 2024 Classification and Compensation Study Reports.
City Council Meeting
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Agenda Item # 1.B.4.
For the City’s Conflict of Interest Code to be consistent with authorized positions, Resolution No. 24-58 adds the following classification titles for positions which participate in making decisions that may foreseeably have a material effect on financial interests:
• Assistant Engineer
• Financial Controller
• Senior Plan Check Engineer
• Supervising Permit Services Technician
The City Council approved funding for a Community Development Director position, but withheld authorization to use that funding until a plan is approved for the reorganization of the Planning and Environmental Sustainability departments and the creation of the Community Development Director. As a class specification has not been approved for the Community Development Director position, it has not been included in Resolution No. 24-
58. If needed, an updated Conflict of Interest Code will be brought back after any reorganization.
Newly designated positions will be required to file within 30 days of assuming office. The filing is done through a Statement of Economic Interest (Form 700).
ATTACHMENTS: Resolution No. 24-58
2 RESOLUTION NO. 24-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
ADOPTING THE CONFLICT OF INTEREST CODE AND REPEALING
RESOLUTION NO. 22-38
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. The Political Reform Act, Government Code sections 81000, et seq., requires the adoption of a conflict of interest code and biennial review.
B. Government Code Section 87306 requires every agency to amend its conflict of interest code when changes occur, which include the creation of new positions that must be designated positions, the deletion of old positions and relevant changes in the duties assigned to existing positions.
C. Section 2 accurately sets forth those positions which should be designated and the categories of financial interests, which should be made reportable.
SECTION 2. The City requires full disclosure for the positions listed below, which participate in making decisions that may foreseeably have a material effect on financial interests. Full Disclosure includes all interests in real property in the City of Malibu, as well as investments, business positions, and sources of income, including gifts, loans, and travel payments.
Assistant City Attorney
Assistant City Manager
Assistant Engineer
Assistant Planning Director
Assistant Public Works Director/Assistant City Engineer Assistant to the City Manager
Associate Civil Engineer
Building Inspector
City Biologist
City Clerk
City Geologist
Code Enforcement Manager
Code Enforcement Officer
Community Services Deputy Director
Community Services Director
Consultants*
Deputy City Manager
Development and Operations Manager
Environmental Programs Manager
Environmental Sustainability Director/Building Official Environmental Sustainability Manager/Deputy Building Official Environmental Health Administrator
Financial Controller
Human Resources Manager
Attachment 1
3 Resolution No. 24-58
_____________________
Information Systems Administrator
Information Systems Manager
Mobilehome Park Rent Stabilization Commissioners
Planning Director
Principal Planner
Public Safety Director
Public Safety Manager
Public Works Director/City Engineer
Public Works Inspector
Public Works Superintendent
Recreation Manager
Senior Building Inspector
Senior Code Enforcement Officer
Senior Plan Check Engineer
Senior Planner
Senior Public Works Inspector
Supervising Building Inspector
Supervising Permit Services Technician
Additional positions required to provide full disclosure pursuant to Government Code Section 87200 include:
City Attorney
City Council
City Manager
City Treasurer
Planning Commissioners
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and must be retained for public inspection in the same manner and location as this Conflict of Interest Code.
SECTION 3. Resolution No. 22-38 is hereby repealed.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. 4 Resolution No. 24-58
_____________________
_____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
5
Agenda Item # 1.B.5.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kate Manisco, Recreation Manager
Reviewed by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: October 28, 2024 Meeting date: November 25, 2024 Subject: Agreement with RTW Management, Inc. (Continued from November 12, 2024)
RECOMMENDED ACTION: 1) Authorize the Mayor to execute a Professional Services Agreement with RTW Management, Inc. to provide Dial-A-Ride Transportation Services through December 31, 2027; and 2) Appropriate $144,000 in Prop A funding to Account No. 203-3009-5145-00 (Proposition A Transportation Services - Dial-A-Ride Services).
FISCAL IMPACT: An appropriation of $144,000 in Prop A funding is required if the contract is awarded. Funding for the program was originally included in the Adopted Budget for FY 2024-25 in the amount of $127,500 in Account No. 203-3009-5145-00 (Proposition A Transportation Services - Dial-A-Ride Services). The additional appropriation would bring the amended FY 2024-25 budget to $271,500. The unaudited Prop A Fund Balance on June 30, 2024, is $647,789.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The City of Malibu’s Dial-A-Ride (DAR) Program provides transportation to senior citizen residents (ages 60 and older) and for residents of any age who are disabled from operating a motor vehicle as defined by the California Vehicle Code. Riders pay $1.00 each way for trips to the Malibu Senior Center, $2.00 each way for trips within City limits, and $4.00 each way for trips outside of City limits. DAR program boundaries include the following:
• City of Malibu, City Limits
City Council Meeting
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Agenda Item # 1.B.5.
• City of Agoura Hills, City Limits
• City of Calabasas (North of Las Virgenes Canyon Road) • City of Santa Monica between California Avenue and Colorado Avenue and • Kaiser Permanente in Woodland Hills
• UCLA Medical Center in West Los Angeles
• Veterans’ Medical Center in West Los Angeles
A Request for Proposal (RFP) was released on July 26, 2024, with the City receiving two proposals by the September 6, 2024 deadline from:
• RTW Management, Inc.
• Ventura Transit System, Inc.
Staff reviewed the proposals, interviewed the transportation agencies, and selected RTW Management, Inc. due to their experience with municipalities, excellent references, and ability to provide residents with services that will meet their transportation needs. RTW Management, Inc. will utilize new ADA-compliant accessible hybrid vehicles that are compliant with the Federal Transit Administration. Vehicles will have a digital radio system for dispatchers to communicate with drivers. The customer call center will use advanced scheduling and dispatching systems to optimize routes and real-time tracing technology to monitor vehicle location, speed, and route.
The City uses Prop A funds to cover the costs associated with the DAR program. The City receives approximately $295,000 annually and has a balance fund of approximately $647,000. The excess funds may be used to supplement the annual DAR costs, which will cover the term of the Agreement, but general fund money will likely be needed after 3 years to continue the DAR program at the current level. Staff are also investigating options for grant funding to supplement the transportation service costs.
Council Policy #44 requires that all proposed appropriations over $10,000 be reviewed and discussed by the Administration and Finance (A&F) Subcommittee prior to being presented to the Council. A&F will review the appropriation of $144,000 Prop A funds on November 7, 2024, and provide a recommendation for Council consideration.
Staff recommends authorizing the Mayor to execute a Professional Services Agreement with RTW Management, Inc. to provide Dial-A-Ride services through December 31, 2027.
ATTACHMENTS: Professional Services Agreement with RTW Management, Inc. 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 12, 2024, by and between the City of Malibu (hereinafter referred to as the "City") and RTW Management, 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 transportation services for the Dial-A-Ride Program.
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 January 1, 2025, and will remain in effect for a period of three 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 the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $47,289 per month or $567,468 per year. 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: 371101B1-4D44-4EF0-A874-9E89BB8549C7 Attachment 1
3 Agreement for Professional Services
RTW Management, Inc.
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.
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, with or 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 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: 371101B1-4D44-4EF0-A874-9E89BB8549C7 4 Agreement for Professional Services
RTW Management, Inc.
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 (10) days prior to the start of the agreement and further agrees to comply with all provisions in the attached Exhibit C which is incorporated herein.
6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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.
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 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.
6.11 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 Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 6 Agreement for Professional Services
RTW Management, Inc.
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.
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:
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 7 Agreement for Professional Services
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CITY: Steve McClary CONSULTANT: George Goates
City Manager President
City of Malibu RTW Management, Inc.
23825 Stuart Ranch Road 1495 E. 3300 S.
Malibu, CA 90265-4861 Salt Lake City, UT 84106
TEL (310) 456-2489 x 226 TEL (801) 921-0023
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 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.
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 ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of January 1, 2025.
CITY OF MALIBU:
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 8 Agreement for Professional Services
RTW Management, Inc.
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
CONSULTANT:
____________________________________
By: GEORGE GOATES, President
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 9 EXHIBIT A
SCOPE OF WORK DIAL-A-RIDE PROGRAM
The Contractor shall coordinate, manage, and control the Dial-A-Ride program, which includes operating the services, dispatch, vehicle maintenance, managing personnel, providing driver and personnel training, developing administrative procedures, preparing performance statistics and financial records, and developing methods to maximize service efficiency.
1. General Specifications
1.1 Statement of Work – The Contractor shall provide a demand response DialA-Ride transportation program for eligible City residents under the jurisdiction of the City of Malibu Community Services Department. The Contractor is responsible for providing all vehicles, maintenance, personnel, supplies, and equipment connected to the services performed under the Agreement. All materials are subject to the approval of the City of Malibu’s Contract Administrator or their designated representative (Contract Administrator).
1.2 Term and Extension – This Agreement will become effective on January 1, 2025, and will remain in effect for a period of three years from said date unless otherwise expressly extended and agreed to by both parties or terminated by both parties as provided herein.
1.3 Demand-Response System (Dial-A-Ride) Specific Requirements a. Provide daily transportation to eligible City residents - The Contractor will provide trips for both same-day service and trips scheduled one or more days in advance. Participants will be encouraged to arrange trip services twenty-four (24) hours in advance. All trips must be requested individually.
b. For the duration of the Agreement, the Contractor must maintain a valid California Transportation Charter Permit (TCP) with all cars and drivers per the California Public Utilities Commission (CPUC) requirements.
c. Eligible users are the City’s senior (60 years and older) and disabled population. Eligible users will register with the City of Malibu Community Services Department. The City will maintain a list of eligible participants for the transit contractor.
d. Hours of Service – The City is currently utilizing a door-to-door DialA-Ride system, which provides service to participants from:
• 8:00 am – 5:00 pm; Monday through Thursday
• 8:00 am – 4:00 pm; Friday
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e. Service Area – The City is currently utilizing a shuttle-based Dial-ARide system, which provides service to riders within the following boundaries:
• City of Malibu
• City of Agoura Hills
• City of Calabasas
o North of Las Virgenes Canyon Rd
• City of Santa Monica
o East of Pacific Coast Highway, west of 26th St
o South of California Ave and north of Colorado
Ave
• UCLA Medical Center in West Los Angeles
• Kaiser Permanente Hospital in Woodland Hills
• Veteran’s Hospital in West Los Angeles
f. Transportation Fares
• $1.00 per one-way trip to and from the Malibu Senior Center • $2.00 per one-way trip to all locations within Malibu City limits • $4.00 per one-way trip to the locations listed in section 1.3.e.
The transportation fares will be collected by the driver and credited to the City as part of the monthly billing. The City reserves the right to increase or decrease the transportation fares at its sole discretion.
g. Shared Rides – Shared rides, in which more than one passenger is picked up, are encouraged. Caregivers (Ages 18+) accompanying passengers are required to register and pay full Dial-A-Ride transportation fare.
h. Passenger Packages – Passengers traveling from shopping centers (grocery or otherwise) shall be limited to five packages. Drivers are not required to assist passengers with packages.
i. Vehicles – Wheelchair-accessible vehicles are required because the program serves an older population with wheelchairs, scooters, or other physical limitations or special needs. Vehicles will be provided and maintained by the Contractor. Vehicles should be replaced according to a schedule so that they do not exceed the agreed-upon useful life in terms of age and miles during the term of this agreement. The City reserves the right to inspect and accept or reject any vehicles used for Dial-A-Ride. The vehicles and their maintenance must meet all Federal, State, and local requirements and industry standards for public transportation vehicles.
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j. Program Funding – This program is funded through the City’s Proposition A Transportation funds. As such, the Contractor must provide records that meet all Metro and National Transportation Database (NTD) requirements. This may include preparation of monthly and annual reports and participation in the City’s annual NTD audit.
k. Additional Funding – The City may receive additional funding for Dial-A-Ride through grants or other funding sources. The Contractor will be required to assist in preparing and implementing any grant requirements. Grants or additional work that increases the original scope of work will be negotiated and addressed as an amendment to the initial agreement.
l. Overall program limits are subject to the annual allocation of funds by the City Council. Future reductions in funding may require additional restrictions or limitations on the program that are not currently in place. The Contractor must implement program changes if required by the City. Any program changes that would alter the terms of this agreement shall be negotiated.
2. Contractor’s Personnel
The Contractor shall be responsible for the satisfactory work performance of all employees, or any reasonable performance standard established by the City. The Contractor shall pay all employees' wages and benefits. Without any additional expense to the City, the Contractor shall comply with the requirements of employee liability, worker's compensation, employment insurance, and Social Security. The Contractor shall hold the City harmless and defend the City from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices.
During the performance of this contract, the Contractor warrants that it will provide equal opportunities and that the Contractor will take affirmative action to ensure that its employment practices, persons employed, and employees are treated equally and without regard to, or because of race, creed, color, national origin, sex, age, physical handicap, or medical condition.
a. The City reserves the right to reject the Contractor’s workforce personnel. It shall be the Contractor’s responsibility to replace such rejected workers in a manner that will not affect the execution of the responsibilities specified in the Agreement. The City must be notified promptly of new hires or reassignments of program personnel.
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b. The City will not recognize any holidays as paid holidays for Contractor employees.
c. All employees must be at least eighteen (18) years of age, appropriately trained, and qualified for the work assigned to them. All employees must be able to follow directions and be physically capable of performing their duties.
d. The Contractor shall provide employee uniforms to personnel assigned to the Dial-A-Ride program so that the Contractor’s employees can be easily identified. Uniforms shall bear the employee’s name and the company’s name or logo and present a professional appearance.
2.1 Vehicle Operators - Vehicle operators shall work on a schedule that will ensure a consistent and overall high quality of service. Vehicle operators must have a California Driver's License and other required certificates, licenses, and training required by applicable Federal, State, and local regulations. Each operator shall maintain a valid County of Los Angeles License as applicable. All vehicle operators must meet the minimum standards listed below. At a minimum, employee qualifications should include:
a. Not have been convicted of driving while intoxicated or under the influence of controlled substances within the preceding five years, or not have criminal charges pending for an offense for driving while intoxicated or under the influence of controlled substances. b. Not be addicted to the use of alcohol or controlled substances. c. Not be subject to outstanding warrants for arrest.
d. Able to read, write, and speak English. Bilingual skills in Spanish are highly desirable.
e. Thorough knowledge of the service area street network. f. Sensitivity to passengers' needs, including assisting passengers upon their request.
g. Able to address complaints and problems as required.
Vehicle operators must be trained in all operational procedures relating to the transportation service. Training must include customer service techniques for interacting with the public in a helpful and courteous manner, basic Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 13 Agreement for Professional Services
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information about the route and the City of Malibu, and sensitivity and empathy training directed towards the needs of elderly and passengers with limited mobility in compliance with the Americans with Disabilities Act.
Contractor shall describe how it will maintain an ongoing employee safety and training program.
Vehicle operators shall be trained to operate wheelchair lifts, ramps, securement systems, and other equipment they may be expected to use in the Dial-A-Ride services. This requirement pertains to all vehicle operators, who are regularly assigned and relieved vehicle operators.
While performing their duties, vehicle operators must maintain a clean and neat appearance. Operators shall wear nametags clearly displaying their names while performing their duties. If jackets are worn, a driver's nametag must always be visible.
The Contractor shall conduct pre-employment Department of Motor Vehicles (DMV) checks of all personnel hired for service and join the California DMV Pull Notice Program, whereby the Contractor shall be notified of any activity on a vehicle operator's driving record. Any operator exceeding the California DMV point system or with a revoked or suspended license will not be allowed to operate the City's service. Contractor shall notify the City of the results of these checks and whatever corrective actions taken, if any. Any voluntary drug testing and/or surveillance efforts on the part of the Contractor shall be described in the proposal and explained to vehicle operators.
Vehicle operators may not request or in any way solicit tips from customers.
Tips may be accepted if offered; however, any operator receiving more than one complaint for solicitation of tips will be removed from the program.
2.2 Maintenance Staff - Contractor shall supply enough properly qualified personnel to maintain and service all Contractor-provided equipment used for the City's service.
Contractor shall ensure all mechanics are properly trained in the operation and maintenance of the vehicles and equipment specified in the scope of the program. Contractor shall provide mechanics with ongoing training to keep abreast of new maintenance techniques and equipment.
2.3 Dispatching and Service Information Personnel – The Contractor shall have capable and courteous personnel responsible for taking and responding to Dial-A-Ride requests, accurately recording reservations, properly managing complaints and customer service requests, and responding to telephone inquiries regarding transportation services. Bilingual (Spanish) dispatchers are highly desirable.
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 14 Agreement for Professional Services
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2.4 Labor Strike
a. The Contractor shall be responsible for its labor relations with any trade or union representative among its employees and shall negotiate and be responsible for adjusting all the disputes between itself and its employees or any union representing such employees.
If the Contractor knows about an actual or potential labor dispute that could delay or threaten the timely performance of the services, the Contractor shall immediately give written notice thereof to the City. b. The Contractor shall be responsible for providing continuous transportation services, without interruption, to all locations specified within the Agreement. In the event of a labor strike, the Contractor shall provide other means to provide continuous and comparable service at the Contractor’s cost. Failure to do so will cause the City to take any action necessary to provide the service, with any cost beyond the Contractor’s normal rates (which will be deducted from the Contractor’s progress payment) to the City being borne by the Contractor.
2.5 Subcontractor/Assignment of Agreement – The Contractor shall not subcontract any portion of the Agreement or any additions made to the Agreement without first receiving approval from the City. All persons engaged in the transportation service shall be considered the Contractor's employees, with the supervisor being responsible for their work. The Agreement may not be assigned to another owner or entity without City approval. RideShare services, including, but not limited to, Uber or Lyft, are prohibited.
3. Vehicles/Equipment
All vehicles shall meet the requirements established in this Request for Proposals.
Proposals will be evaluated based on the ability of the Contractor’s fleet to service a large number of elderly and limited-mobility clients. Proposers shall describe the proposed fleet in detail, showing how the fleet meets ADA requirements and the city's service needs. Proposers who operate alternative fuel vehicles are highly desirable and should indicate so in their proposals.
All vehicles and vehicle equipment required by this agreement shall be maintained by the Contractor in good repair and in a condition satisfactory to the City.
Contractor shall assume all responsibility for the proper maintenance of the vehicles. It shall be the expressed responsibility of the Contractor to assume all coordination with the original manufacturer of the vehicles if necessary to keep the vehicles in safe and good operating condition. This shall include negotiating and processing all vehicle warranty claims through the manufacturer's own warranty Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 15 Agreement for Professional Services
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department, and is responsible for collection of any monies, extended warranties, or credits as a result, for the length of time the warranty is in effect.
The extent of the proposed preventive maintenance program is an important consideration in the selection of the Contractor. Each vehicle must receive a daily pre-trip inspection by the operator prior to being placed in service. Daily pre-trip inspections must be supplemented by regular time and mileage maintenance inspections to ensure safe and proper operating condition of vehicles. A record of all such inspections shall be kept by Contractor and made available to the City.
For the Dial-A-Ride vehicles, preventive maintenance inspections and servicing shall occur not less than every 3,000 miles or thirty days, whichever is less. The Contractor shall specify the preventive maintenance program for all Dial-A-Ride vehicles used in this service.
Inspection of each vehicle shall be completed after its daily service to ensure all lights are functioning, all seating is secure and that all tires, wheels, lugs, air brake systems (if applicable), wheelchair lifts and exit doors are in proper operating condition.
3.1 Applicable Codes and Regulations - All vehicles used for Malibu services shall be safe for operation on public streets and meet all the appropriate requirements in the California Vehicle Code. All parts of the vehicle and all equipment mounted on or in the vehicle shall conform to the Federal Vehicle Safety Standards and the California Code of Regulation, Title 13. Particular attention shall be directed to the California Highway Patrol Motor Carrier Safety Regulations. The Contractor shall participate in and comply with the DMV Pull Notice Program. Contractor shall pay for all applicable license fees for drivers, other personnel, and vehicles.
Each vehicle, at minimum, must be inspected at the frequencies required by State law. The City may also inspect the vehicles. The City shall be notified of inspections performed by a governmental agency other than the City which meet or exceed the criteria for inspection established by the City.
The results of those inspections shall be transmitted to the City.
3.2 Vehicle Maintenance - The Contractor shall provide and maintain appropriate vehicle storage and maintenance facilities for the garaging and servicing of the vehicles and vehicle equipment. The Contractor shall state the location of such facilities, which will be subject to inspection by the City.
If the maintenance or storage facilities are to be acquired, the Contractor shall indicate what action will be taken to acquire those sites prior to the start of service.
At all times, the Contractor shall maintain all components of each vehicle including its body, frame, wheelchair lift, furnishing, mechanical, electrical, Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 16 Agreement for Professional Services
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hydraulic or other operating systems in proper working condition free from damage and malfunction. The Contractor shall replace and repair immediately any vehicle damaged in any accident or otherwise damaged which impairs the proper and safe mechanical operation of the vehicle.
Recognizing that the safety of the passengers is paramount, the Contractor's maintenance staff shall not:
a. Install mismatched tires.
b. Perform partial brake relines without determining the cause of abnormal or premature wear.
c. Allow tires to wear more than 3/32 tread depth.
d. Replace a dead battery without testing the charging system to ensure it will not die due to system malfunction.
e. Fail to ensure daily that each vehicle is in proper condition to pass all scheduled and unscheduled inspections.
f. Allow any reported worn item to go unrepaired and not hold up until the next scheduled inspection. The emphasis must be on preventing breakdowns.
The Contractor, at its sole cost and expense, shall maintain a supply inventory and provide lubricants, repairs, parts, and supplies required for the maintenance and operation of all vehicles utilized in providing services.
Vehicles must be kept clean, including exterior washing at least once weekly and after every rain, with the vehicle interiors swept or vacuumed daily to remove all dirt and debris. All painted graffiti must be removed daily so that no vehicle leaves the storage facility with any graffiti. Etching on windows must be removed and replaced as soon as practical but no later than one month. Contractor shall track and record all damages due to vandalism; records shall include vandalism type, date, time, location, when repaired/replaced, cost, etc.
Contractor will outline their preventive maintenance program in detail. This shall include how their present programs are operated as well as plans for inclusion of the vehicles required in this agreement. The City may desire to inspect vehicles currently operated by the proposer.
Contractor shall maintain an individual file for each revenue vehicle to include date of action and all preventive maintenance functions including Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 17 Agreement for Professional Services
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warranty work and any other pertinent maintenance data, including but not limited to fuel, lubricants and other fluid use.
Contractor shall dispatch a spare vehicle in the event of a vehicle breakdown. The maximum allowable response time from the moment a trouble call is received until a substitute vehicle arrives will be established by the City. Proposals shall state the estimated time proposers will need to provide a substitute vehicle.
Contractor shall notify the City of all accidents, both by telephone (within one hour) and in writing (by the close of the next business day).
4. Operational Emergencies
Contractor shall be responsible for the enforcement of policies with regard to operational emergencies. The City may revise or establish additional policies.
Contractor shall be responsible for the handling and resolution of all operational emergencies and contingencies, including, but not limited to, the following:
4.1 Hazardous Conditions - Vehicle operators shall report all hazardous road conditions (i.e., downed trees, potholes and uneven road surfaces, malfunctioning signals, etc.) in the City to the Contractor's supervisor.
Contractor, in turn, shall immediately notify the City of such conditions and shall take necessary precautions to safeguard passengers and personnel.
4.2 In-Service Vehicle Failures - Contractor shall require the vehicle operators to report any in-service vehicle failure to the Contractor's supervisor. The supervisor will attempt to ascertain the problem, use good judgment, and instruct the vehicle operator to take appropriate corrective action. If necessary, the supervisor will immediately send a spare vehicle to the location and the operator and passengers will change vehicle and continue in service. Contractor, if necessary, shall send a mechanic to the location in order to take corrective measures and/or supervise the towing of the vehicle. Contractor shall report any in-service vehicle failures to the City immediately and not later than the start of the next service day.
4.3 Wheelchair Lift Failure - Contractor shall be responsible for properly operating and maintaining all wheelchair lifts. Contractor shall require vehicle operators to report all in-service lift failures to the Contractor's supervisor. If the lift fails while attempting to board a wheelchair passenger, the supervisor shall promptly arrange alternate transportation for the passenger inconvenienced by the lift breakdown. If the lift fails while attempting to discharge a wheelchair passenger, the operator shall manually operate the lift and notify the supervisor. Following any lift failure, the supervisor shall arrange a vehicle change as quickly as reasonably Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 18 Agreement for Professional Services
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possible. Contractor shall report all in-service lift failures to the City no later than the start of the next service day.
4.4 Passenger Disturbances - Contractor shall instruct vehicle operators to report nonpayment of fares; graffiti or other vandalism on the vehicles; pushing, shoving, and other disturbing or dangerous conduct; and other serious passenger disturbances to the vehicle operator’s supervisor or dispatcher. The supervisor shall use good judgment in managing the passenger disturbance by appraising the situation, discharging appropriate instructions from the operator, and requesting law enforcement assistance if necessary.
4.5 Medical Assistance to Passengers - Contractor's employees shall use good judgment in responding to passenger accidents, injuries, or illnesses occurring on the vehicles. If a passenger requires medical assistance, the vehicle operator shall immediately contact emergency personnel (911) and advise the Contractor's supervisor of the situation. An incident report shall be completed, documenting the incident with a copy sent to the City no later than the start of the next service day.
4.6 Accidents - Contractor shall require all vehicle operators to report any accident or incident involving the vehicle to the Contractor's supervisor. The supervisor shall use good judgment in the situation and shall immediately notify the police or fire department. The supervisor shall report all accidents to City by telephone immediately. The operator and supervisor will complete an accident report approved by City with a copy to the City no later than the start of the next service day. The Contractor shall submit all accidentrelated reports to the DMV as required.
5. Management
The Contractor shall be responsible for program management according to specified operating procedures. After consulting with the contractor, the City may establish additional reasonable requirements for operating this service.
5.1 Operating Performance Standards – The Contractor shall operate vehicles with due regard for the safety, comfort, and convenience of passengers and the public.
The City will set performance standards for its services. Contractor and the City shall meet periodically to evaluate the program and performance based on these standards. If the standards are not fulfilling their intended purpose, they will be adjusted based upon recommendations made by Contractor with the concurrence and final decision by the City. Should it be found that the Contractor's performance has contributed to Contractor's failure to Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 19 Agreement for Professional Services
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achieve these standards, Contractor shall take all reasonable actions requested by the City to correct deficiencies in performance. Should deficiencies persist, the City may assess liquidated damages. All liquidated damages assessed against the Contractor will be deducted from the monthly invoices by the same amount. The City's Community Services Director shall maintain the right to assess liquidated damages against the Contractor, as set forth herein, based on the Contractor's failure to meet the established standards. Circumstances beyond the control of the Contractor, causing the Contractor to fail to comply with the stated performance requirement, will be considered as just cause on the part of the City not to assess liquidated damages against the Contractor.
Service should be provided as scheduled or according to any adjusted schedule established by the City, including route modifications required due to special events or a declared emergency. Contractor shall not be held responsible for the failure to provide on time service due to weather or traffic conditions, unavoidable vehicle malfunctions, and/or naturally occurring disasters.
Notwithstanding the above caveat, the City may impose liquidated damages on the following basis:
a. Customer service is very important in building participants and support for this service. Therefore, the fourth (and any additional) justified complaint about each service in any 30-day period shall result in the Contractor paying a penalty of $500 per substantiated complaint except for late pick-ups or trip delays covered below. b. The Contractor shall maintain satisfactory California Highway Patrol (CHP) terminal inspection throughout the life of the contract (proof of CHP certification is required). If the Contractor receives an unsatisfactory rating from the CHP, the Contractor shall notify the City immediately and state what is being done to correct the deficiency. If the vehicle operating authority falls under the California Public Utilities Commission (PUC) and if the PUC revokes the permits to operate the vehicles in this service as a result of unsatisfactory inspection ratings by the CHP, the vehicles shall not operate and a $500 per vehicle per day fine shall be assessed until a satisfactory inspection report is obtained and the vehicle is again available for service.
c. The City reserves the right, at its sole discretion, to inspect and reject temporarily or permanently by notice to the Contractor, any vehicle the Contractor utilizes which the City deems unacceptable.
In the event any revenue vehicle is rejected temporarily by the City Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 20 Agreement for Professional Services
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because of deficient vehicle condition or appearance, $500 per vehicle per day shall be assessed until the condition is corrected. In the event any revenue vehicle is rejected permanently by the City because of the vehicle's conditions, Contractor shall replace the vehicle and will be assessed $500 per vehicle per day until the vehicle is replaced with one that is acceptable to the City. d. If any regulatory agency or funding source penalizes the City for late, incomplete or inaccurate data which was the Contractor's responsibility to collect and/or provide to the City, the liquidated damages shall be the amount of the penalty and any administrative costs incurred by the City.
e. In the event the Contractor fails to commence service on January 1, 2025, the Contractor shall pay the City liquidated damages of $1,000 for each service day of delay.
f. If the wait time of any Dial-A-Ride trip has been verified to exceed 60 minutes, the liquidated damages shall be $60 per incident plus $1 for every minute thereafter.
g. If the wait time of a pre-scheduled trip has been verified to exceed 30 minutes, the liquidated damages shall be $50 per incident; if it exceeds 45 minutes, the liquidated damages shall be $75 per incident; and, if it exceeds 60 minutes, the liquidated damages shall be $100 per incident.
h. If a trip request has been verified to be lost by dispatch and no vehicle was dispatched, the liquidated damages shall be $100 per incident.
Contractor must have sufficient telephone lines to handle the additional calls from Malibu residents. Contractor shall provide a Customer Service telephone line, which shall be a toll-free call from anywhere within the City of Malibu, to provide information and take Dial-A-Ride service requests.
One TDD phone must also be provided for people with hearing impairments.
All personnel should be trained to respond accurately and professionally.
All comments and complaints shall be received by the City and logged on a mutually agreed upon complaint form and referred to the Contractor, who shall respond the next working day with a description of any follow-up action taken or anticipated. Contractor will notify City if there are issues with the telephone lines, and provide an alternative within 24 hours if necessary.
An answering machine may be used to provide information outside of service hours. Voicemail greetings/recorded information must be available Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 21 Agreement for Professional Services
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also in Spanish.
5.2 Personnel Performance Standards—Regularly assigned drivers or a trained backup must be available and on time to ensure consistent and reliable service.
All personnel are responsible for knowledge of the service system design, the City of Malibu, and route destinations. Project personnel must maintain a courteous attitude, answering to the best of their ability any passenger questions regarding the provision of service. Personnel must also report all passenger-complaints, as well as operational and maintenance problems promptly to the Project Manager who shall forward the information to the City.
5.3 Fare Collection and Accountability – The cash fare for the Dial-A-Ride service will be $1.00, $2.00, and $4.00, as described in section 1.3.f. The City reserves the right to change the fare or to issue passes, discount coupons, or tickets to be used in lieu of cash fares. The Contractor will be responsible for collecting fairs per trip unless the City agrees to a prepay fare system. The Contractor shall ensure that all drivers are aware of and adhere to the fare structure.
The contractor is to retain total fare box revenues, report them to the City of Malibu, and deduct them from the monthly cost of the service. The contractor will conduct fare collection training, and all project personnel will enforce proper fare collection.
Vehicles used in the program represent the City and therefore, the City will reserve the right to refuse any advertising on program vehicles which it determines to be offensive or inappropriate.
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5.4 Program Operational Records - Records and reports should be consistent with all National Transit Database (NTD) requirements, as well as, all other reporting required by the Los Angeles County Metropolitan Transportation Authority (Metro). In addition, the Contractor may be required to provide additional statistical information as requested in order to assist the City in complying with other grant and legislative requirements. The City will use the information requested in this section to monitor and evaluate the productivity of the service. Information must be submitted to the City according to the reporting schedule to be established by the City. All reports shall be submitted to the City in a format approved by the City. The Program Manager will prepare and submit to the City, with appropriate back up, no later than the sixth working day of each month, a summary report of operations for the service, which will include:
a. Daily totals of passenger counts, revenue hours, total hours, revenue miles, total miles, fare box revenue, passenger types any other operating data collected, documenting any discrepancies in the reported number of passengers carried and the amount of fares collected by the operator.
b. Passenger pick-up and drop-off times and locations for the DialA-Ride service. c. Operational problems, accidents, incidents, passenger complaints, and any actions taken regarding the aforementioned events. Passenger complaints related to safety or serious operational deficiencies shall be reported by phone to the City no later than the next working day following Contractor's receipt of complaint.
Results of documentation may indicate the need for changes in the level of service or in operational or routing modifications. The provider shall cooperate with the City to improve the transportation operation and maintain flexibility so that service modifications may be implemented quickly.
5.5 City Access to Records - The City, or any of its duly authorized representatives, upon reasonable written notice, shall have access, for the purpose of audit and investigation, to all original books, documents, log sheets, and records of the Contractor that pertain to the contract. Said original books, documents, log sheets, and records must be retained by the Contractor in the Southern California Region for five years following final payment under the contract.
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Scope of Work, Dial-A-Ride Program
5.6 Marketing/Public Outreach – The City shall be responsible for public relations, schedules, marketing, and other promotional materials; therefore, these costs should not be included in the proposal.
Contractor must refer all media requests to the City and may not provide any information without prior approval by the City. Contractor shall cause drivers and supervisors to cooperate and comply with reasonable requests by the City to distribute notices, schedules, or other promotional materials to passengers in connection with the services provided. The City may also request the Contractor’s personnel to collect data from passengers by handing out survey forms.
The Contractor shall participate in the City’s special events as requested by the City. These events may require the Contractor to display service vehicles in addition to providing manpower for a display booth for distributing brochures regarding the City’s transit services.
5.7 Operating During a Declared Emergency - Upon declaration of any emergency by the City Manager or his designated representative, the Contractor may be responsible for a number of transportation-related activities, including the development of emergency travel routes and the coordination with other agencies supplying common carrier services. In the event of a declared emergency, the Contractor shall make available all program vehicles to the City, report to a designated City parking area immediately, and deploy vehicles in a manner described by the Director of Public Work or his designee as part of the City’s Emergency Response Plan.
The City shall be obligated to compensate the Contractor for services which significantly exceeds the normal expense of operating the service during such period of declared emergency. The Contractor shall be required to document and maintain all emergency- related services as requested by the City and provide these documents to the City at the declared conclusion of the emergency.
6. Duties and Responsibilities - The City’s Contract Administrator will be the administrator of the Agreement and will manage, coordinate, and verify the completion of all transportation operations specified in the Agreement. They will also provide written notice of failure to perform the Agreement and indicate the amount to be deducted from the forthcoming progress payment.
7. Disclosure of Information
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 24 Agreement for Professional Services
RTW Management, Inc.
Scope of Work, Dial-A-Ride Program
7.1 The Contractor agrees that it will not during or after the term of the Agreement disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, firm, corporation, association, or other entity or to the general public for any reason or purpose whatsoever, without the prior written consent of the City.
Such confidential or proprietary information received by the Contractor shall be used exclusively in connection with the performance of the services.
7.2 The Contractor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Contractor hereunder or mentioning or implying the name of the City or its personnel without the prior written consent of the City.
8. Change Orders
8.1 The City may, on occasion, without invalidating the Agreement, by modifying, adding, removing areas to the Agreement; by modifying, adding, or removing space; by modifying, adding, or removing routine services; or by modifying, adding, or removing specifications. All such changes shall be ordered using a written change order. The City and the Contractor shall agree upon any changes in the compensation to the Contractor resulting from such change orders.
9. Contract Administrators
9.1 The City shall designate the Community Services Director or their designated representative as Contract Administrator, who shall act on behalf of the City concerning all aspects of the Agreement.
9.2 The administration of the Agreement is vested wholly in the Contract Administrator. The Contract Administrator shall have complete authority to require the Contractor to comply with all provisions of the Agreement. The Contractor shall strictly and promptly follow the instructions of the Contract Administrator at all times. The Contract Administrator’s decision upon all questions, claims, and disputes will be final and conclusive upon the parties of the Agreement. The Contract Administrator shall exercise any discretionary authority in a reasonable manner.
10.Additional Work
10.1 If the City of Malibu requires additional work beyond the demands of these specifications, the Contractor shall perform all work at the competitive Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 25 Agreement for Professional Services
RTW Management, Inc.
Scope of Work, Dial-A-Ride Program
predetermined price set in the Transportation Services Fee Schedule Form (Attachment 4).
10.2 The Contractor must be willing to provide a competitive price for additional transportation services such as special events shuttle services and demonstrate the ability to properly maintain the expanded scope of work.
10.3 The City of Malibu shall have the right to inspect all books and records on the Contractor’s charges to the City of Malibu.
11.Contract Pricing and Adjustments
11.1 The City reserves the right to reject any itemized bid in total if, in the opinion of the Community Services Director, the price bid on any one or more individual section(s) appears to be in error, unreasonably out of line with the amount of work to be performed or may not be required.
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 26 Agreement for Professional Services
RTW Management, Inc.
EXHIBIT B
DIAL-A-RIDE TRANSPORTATION SERVICES FEE SHEET
2025-2027
Month Amount No. of
Vehicles Locations of Vehicles
January
2025 $23,645 1 Vehicle (1) Used for Reservations
February
2025 $23,645 1 Vehicle (1) Used for Reservations
March
2025 $23,645 1 Vehicle (1) Used for Reservations
April 2025 $47,289 2
Vehicle (1) Used for Reservations. Vehicle (2) - If there are no reservations for the second vehicle, park at Malibu City Hall, Senior Center during service hours.
May 2025 $47,289 2
Vehicle (1) Used for Reservations. Vehicle (2) - If there are no reservations for a second vehicle, park at Malibu City Hall, Senior Center during service hours.
June 2025 $47,289 2
Vehicle (1) Used for Reservations. Vehicle (2) - If there are no reservations for a second vehicle, park at Malibu City Hall, Senior Center during service hours.
July 2025 -
December
2027
$42,425 1+1
Vehicle (1) Used for Reservations. Vehicle (2) - Billed at $896 daily rate (including operations, maintenance, fuel, lease, and operator expenses) if demand for a second
vehicle. Not to exceed $47,289 per month.
The amounts listed above include all categories: Contract Administration, Call Center Administration and Operations, Dispatch Administration and Operations, Vehicles, Vehicle Operators, Maintenance, Fuel, Storage, and Insurance.
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 27 Agreement for Professional Services
RTW Management, Inc.
EXHIBIT C
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 $2,000,000 per occurrence, $4,000,000 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 $5,000,000 combined single limit for each accident.
Sexual Misconduct Insurance. Consultant shall maintain Sexual Misconduct Insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 aggregate.
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 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: 371101B1-4D44-4EF0-A874-9E89BB8549C7 28 Agreement for Professional Services
RTW Management, Inc.
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.
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.
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 Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 29 Agreement for Professional Services
RTW Management, Inc.
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 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 Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 30 Agreement for Professional Services
RTW Management, Inc.
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.
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.
Docusign Envelope ID: 371101B1-4D44-4EF0-A874-9E89BB8549C7 31
Agenda Item # 1.B.6.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: October 10, 2024 Meeting date: November 25, 2024 Subject: Acceptance of Morning View Drive Rehabilitation and Drainage Improvements
RECOMMENDED ACTION: 1) Accept the work performed by Toro Enterprises, Inc. for the Morning View Drive Rehabilitation and Drainage Improvements Project, Specification No. 2104 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
FISCAL IMPACT: There is no fiscal impact with accepting the work complete. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 310- 9002-7901 (Annual Street Overlay).
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: On May 28, 2024, City Council awarded the Morning View Drive Rehabilitation and Drainage Improvements Project. The project limits on Morning View Drive were between Via Cabrillo and approximately 200 feet west of Guernsey Avenue.
The improvements consisted of constructing three (3) new drainage catch basins and installing new reinforced concrete drainage pipes to improve the drainage on Morning View Drive. The project also included a new concrete swale, concrete rolled curb, decomposed granite walkway, miscellaneous pavement repairs, striping and a new rubberized asphalt concrete pavement overlay.
City Council Meeting
11-25-24
Item
1.B.6.
Agenda Item # 1.B.6.
The project is now complete. Staff recommends the City Council to accept the work performed by Toro Enterprises, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.
STAFF FOLLOW-UP: Upon acceptance by the City Council of the work associated with this contract, staff will record the Notice of Completion with the Los Angeles County Registrar/Recorder's Office which will allow the City to then release the retention monies following a required 35-day holding period.
ATTACHMENTS: None.
Agenda Item # 1.B.7.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: October 10, 2024 Meeting date: November 25, 2024 Subject: Acceptance of Trancas Canyon Park Upper and Lower Slopes Repair Project
RECOMMENDED ACTION: 1) Accept the work performed by GMZ Engineering, Inc. for the Trancas Canyon Park Upper and Lower Slopes Repair Project, Specification No. 2092 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
FISCAL IMPACT: There is no fiscal impact with accepting the work complete. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 102- 9209-5100 (Trancas Canyon Park Repairs).
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: On October 23, 2023, City Council awarded the Trancas Canyon Park Upper and Lower Slopes Repair Project. The project consisted of repairing the upper and lower slopes that were damaged during the Woolsey fire and subsequent storm events at Trancas Canyon Park. The upper slope improvements included replacement of the irrigation system. The lower slope repairs included re-grading the slope, new concrete drainage swales, installation of jute netting and wire mesh with anchors, and hydroseeding.
The work is now complete. Staff recommends the City Council to accept the work performed by GMZ Engineering, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.
City Council Meeting
11-25-24
Item
1.B.7.
Agenda Item # 1.B.7.
STAFF FOLLOW-UP: Upon acceptance by the City Council of the work associated with this contract, staff will record the Notice of Completion with the Los Angeles County Registrar/Recorder's Office which will allow the City to then release the retention monies following a required 35-day holding period.
ATTACHMENTS: None.
Agenda Item # 1.B.8.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: October 10, 2024 Meeting date: November 25, 2024 Subject: Acceptance of Trancas Canyon Park Playground Resurfacing Project RECOMMENDED ACTION: 1) Accept the work performed by Robertson Industries, Inc. for the Trancas Canyon Park Playground Resurfacing Project, Specification No. 2109 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
FISCAL IMPACT: There is no fiscal impact with accepting the work complete. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 310- 9098-5100 (Trancas Canyon Park Playground Resurfacing).
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: On March 25, 2024, City Council awarded the Trancas Canyon Park Playground Resurfacing Project. The existing poured-in-place rubberized playground surface was installed in 2010 and had exceeded its typical life expectancy. The project consisted of removing and replacing the existing poured-in-place rubberized playground surface.
The work is now complete. Staff recommends the City Council to accept the work performed by Robertson Industries, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.
STAFF FOLLOW-UP: Upon acceptance by the City Council of the work associated with this contract, staff will record the Notice of Completion with the Los Angeles County City Council Meeting
11-25-24
Item
1.B.8.
Agenda Item # 1.B.8.
Registrar/Recorder's Office which will allow the City to then release the retention monies following a required 35-day holding period.
ATTACHMENTS: None.
Agenda Item # 1.B.9.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: October 10, 2024 Meeting date: November 25, 2024 Subject: Acceptance of Legacy Park Benches Renovation Project RECOMMENDED ACTION: 1) Accept the work performed by Blackpointe Group Construction & Management, Inc. for the Legacy Park Benches Renovation Project, Specification No. 2105 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
FISCAL IMPACT: There is no fiscal impact with accepting the work complete. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 310- 9113-5100 (Legacy Park Benches Renovation).
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: In February 2024, the City Manager awarded the Legacy Park Benches Renovation Project. Legacy Park includes 34 wooden benches and was originally constructed in 2010. The existing wooden benches require routine maintenance, including sanding and the application of a protective coating, to prevent further deterioration. This project includes performing the routine maintenance tasks of the 34 existing wooden park benches in Legacy Park.
The work is now complete. Staff recommends the City Council to accept the work performed by Blackpointe Group Construction & Management, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.
City Council Meeting
11-25-24
Item
1.B.9.
Agenda Item # 1.B.9.
STAFF FOLLOW-UP: Upon acceptance by the City Council of the work associated with this contract, staff will record the Notice of Completion with the Los Angeles County Registrar/Recorder's Office which will allow the City to then release the retention monies following a required 35-day holding period.
ATTACHMENTS: None.
Agenda Item # 1.B.10.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Nathaniel McLean, Assistant Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: October 9, 2024 Meeting date: November 25, 2024 Subject: Professional Services Agreement for Bluffs Park Snack Shack RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Pacific Architecture and Engineering, Inc. (PAC) in an amount not to exceed $200,000 for engineering design services for the Bluffs Park Snack Shack project.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 310-9123-5100 (Malibu Bluffs Park Snack Shack/Storage Building).
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The Bluffs Park Snack Shack Project is in the proposed FY 2024-25 budget for Capital Improvement Projects. The project aims to construct a permanent, prefabricated structure to serve multiple community needs, including a snack shack, storage facilities for both the City and Malibu Little League, and public restrooms. Key components also include ensuring full accessibility in compliance with the Americans with Disabilities Act (ADA), creating a seating area for park visitors, incorporating native landscaping, and installing solar panels to promote sustainability.
On June 6, 2024, staff issued a Request for Qualifications/Proposals RFQ/P for engineering design services for the Bluffs Park Snack Shack Project to retain a qualified consultant to develop a comprehensive site design featuring a prefabricated structure that will include a snack shack, storage space, restroom facilities, full ADA compliance, seating area, native landscapes and integrated solar panels.
City Council Meeting
11-25-24
Item
1.B.10.
1
Agenda Item # 1.B.10.
On July 25, 2024, the City received one (1) proposal from PAC for engineering design services of the Bluffs Park Snack Shack Project.
Staff recommends authorizing the Mayor to execute a professional services agreement with PAC in an amount not to exceed $200,000 for the engineering design services for the Bluffs Park Snack Shack Project.
ATTACHMENTS: Professional Services Agreement with Pacific Architecture and Engineering, Inc.
2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 25, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Pacific Architecture and Engineering, 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 to engineering design services for the Bluffs Park Snack Shack.
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 Exhibit A (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 November 25, 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 the Exhibit A, “Scope of Work” and Exhibit B, “Compensation Schedule”. The cost of services shall not exceed $200,0000 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the City Manager, or his or her designee.
Attachment 1
3 Agreement for Professional Services
Pacific Architecture and Engineering, Inc.
4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its written, detailed 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.
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, with or without cause, by giving the other party ten (10) calendar 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 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
Pacific Architecture and Engineering, Inc.
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, which the City may grant or deny in its sole and absolute discretion.
6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, sexual orientation, or any other protected category 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 C 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 Agreement for Professional Services [Consultant] Page 4 of 13 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 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.
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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 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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6.11 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.
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 7 Agreement for Professional Services
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connected therewith except for the provisions of Section 6.5 and 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: Jun Fujita Hall
City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
TEL (310) 456-2489 x 226
Principal Project Manager
Pacific Architecture and
Engineering, Inc.
1137 Second St. Unit 214
Santa Monica, CA 90403
TEL (310) 405-3878
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 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, 8 Agreement for Professional Services
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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 ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of November 25, 2024.
CONSULTANT:
_______________________________
By: Jun Fujita Hall, Principal Project Manager
CITY OF MALIBU:
___________________________________
DOUG STEWART, 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
Project includes the construction of a 2,000 – 2,200 square foot prefabricated structure that will house a snack shack, storage facilities for the City and Malibu Little League, restrooms, and landscaping. Project will also ensure ADA accessibility, develop a seating area for park visitors, incorporate native landscapes, and install solar panels to enhance sustainability.
The consultant will provide 3 design alternatives, conduct community meetings, and make presentations to the City’s various commissions and City Council. The project will also be subject to the City of Malibu’s permitting process, the City’s Local Costal Program, and other applicable federal, state, and local requirements.
Task 1: Project Development – Project Initiation Document a. Prepare a Project Initiation Document. This document shall detail the project description, work to be included in the project and identify any special reports, studies and analysis required. The Project Initiation Document shall also discuss the steps required to obtain a Coastal Development Permit.
b. Submit Project Initiation Document for review by City for input and comments. Revise Project Initiation Document as necessary.
Deliverables:
• Project Initiation Document
Task 2: Preliminary Design – Design Memo and Renderings as Final Work Product a. Conduct field investigations and record existing site conditions in drawings, photos, and/or video.
b. Examine and review all Right-Of-Way maps, Parcel Maps, As-Built drawings, and all other existing documents as appropriate.
c. Research, review, and understand City of Malibu Local Coastal Program and City of Malibu General Plan.
d. Provide a complete survey of project area, establishing horizontal and vertical central for the project.
e. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.
f. Develop three project prefabricated building design alternatives. The project design alternatives should be included in the preliminary design report. The report shall discuss the various alternatives, constraints and resolutions, and project estimated costs for each alternative. g. Project design alternatives shall be presented to the various Commissions, community and stakeholder meetings, and City Council for input and comments. The consultant shall take all comments and modify the preliminary design report, as necessary. h. Prepare and submit a “Preliminary Design Report” detailing the proposed project improvements and supporting engineering analysis.
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i. Prepare and submit a Preliminary Engineer’s Construction Cost Estimate for all recommended alternatives identified in the “Preliminary Design Report.” j. Prepare rendering of design alternatives identified in the “Preliminary Design Report.” k. Provide a presentation to the Parks and Recreation Commission and Public Works Commission. l. Conduct a public outreach meeting to the public to discuss the three alternatives. m. One out of the three design alternatives shall be selected by the City prior to the start of Task 3.
This building plan shall be utilized as the final footprint for environmental tasks.
Deliverables:
• Preliminary Design Report
• Project alternative design renderings
• Public outreach presentations
Task 3: Preliminary Engineering and Environmental Analysis - Environmental Clearance, and Coastal Development Permit as Final Work Product
a. Conduct technical analysis as required for this project identified in the Project Initiation Document.
b. Prepare environmental documents consistent with CEQA (California Environmental Quality Act) guidelines.
c. Prepare technical analysis or studies consistent with City of Malibu’s Local Coastal Program as required for the Coastal Development Permit.
d. Prepare Costal Development Permit Application for review by City. e. Prepare Environmental documents and Coastal Development Permit Application for public circulation.
f. Prepare and conduct presentations to regulatory and permitting agencies, including the City of Malibu’s Planning Commission, as necessary.
g. Prepare responses to public review of draft environmental documents and the Coastal Development Permit application.
h. Prepare all other permit applications including technical studies and notifications as required.
Deliverables:
• Environmental and archeological technical report
• Environmental documents
• City of Malibu Coastal Development Permit application and supporting documents Task 4: Plans, Specifications and Estimates as Final Work Product a. Design the prefabricated structure and associated improvements based on the City reviewed and approved “Preliminary Design Report.”
b. Prepare civil plans, consistent with City format.
c. Submittal of plan set shall be delivered in electronic format at 50%, 90% complete and final. d. Prepare and conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop(s) and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.
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e. Prepare technical construction specifications consistent with City format (SSPWC Greenbook’s Format, most recent editions).
f. Submittal of specifications shall be delivered in hard copy and electronic format at 50%, 90% complete and final.
g. Prepare an Engineer’s Construction Cost Estimate based on the itemized quantity take-off from the contract documents for concrete foundation, utility trenching, conduit stub up to foundation, and rebar. Cost of prefabricated building and its components will be provided by others (prefabricated building manufacturer) and shall be a unit cost. h. Submittal of the Engineer's Construction Cost Estimate shall be delivered in hard copy and electronic format at 50%, 90% complete and final.
i. Submittal of the project plans to the City of Malibu’s Environmental Sustainability Department for a building plan check and permit. The Consultant shall submit the plans at the 90% stage and make any associated plan revisions based upon the plan check comments. The Final plans and specification set shall include the approved Building Permit set.
Deliverables:
• Plans, specifications and cost estimates at 50%, 90% and Final • Plans for a City of Malibu Building Permit
Task 5: Project Coordination – Preparation of Periodic Updated Schedule, Deliverables, Meetings, and Invoices
a. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City shall include but are not limited to: Project Kick-off Meeting, presentation of “Preliminary Design Memo,” regular progress meetings and preparation for conducting Public Meetings at 50% and 90% design completion. b. Provide periodic schedule updates on deliverables and meetings as changes to the original schedule occur or as needed based on the project's needs. c. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.
d. Prefabricated building manufacturer will create their own separate permit set and under separate permit and separate licensed engineers and is contracted by the City or Prime Contractor.
Deliverables:
• Agenda, meeting minutes, and action items for the Project Kick-off Meeting, Preliminary Design, 50%, 90% and Final Design stages.
• Monthly progress reports that provide specific details of the tasks completed or worked on during the reporting permit. Monthly progress reports to be submitted with monthly invoices.
Public meeting presentations
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EXHIBIT B
COMPENSATION SCHEDULE
Pacific Architecture and Engineering, Inc. (PAC), is pleased to submit this proposal for architecture and engineering services. Prefabricated building manufacturer to provide California licensed Structural, Mechanical, Electrical and Plumbing Engineering, and finishes for structure. PAC will provide structural foundation design. City to provide Geotechnical Report.
TASK 1 PROJECT INITIATION DOCUMENT $6,250
TASK 2 PRELIMINARY DESIGN REPORT –
Rendering, design alternatives, public outreach
meeting, survey
$43,350
TASK 3 PRELIMINARY ENGINEERING AND
ENVIRONMENTAL ANALYSIS (Air Quality, Noise,
Archeology)
$65,200
TASK 4 PLANS SPECIFICATIONS AND ESTIMATES $85,200
Total Fee Proposal $200,000
The hours are based on the attached hourly rates and will be billed on a time and material basis. We appreciate the opportunity to offer this proposal. 13 Agreement for Professional Services
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HOURLY RATE SCHEDULE
Principal $ 189.42
Project Manager/Project Architect $ 176.00
Senior Engineer II $ 147.90
Designer II $ 137.33
Senior Engineer III $ 164.22
Designer III $ 155.50
Engineer II $ 145.10
Designer I $ 99.70
Engineer I $ 76.50
Engineering Aide $ 56.10
Landscape Architect VII $ 137.38
Project Manager Landscape VII $ 82.43
Landscape Drafter VII $ 71.44
Sr Principal Engineer IV $ 236.29
Sr Engineer IV $ 186.83
Sr Project Manager IV $ 164.85
Sr Designer IV $ 153.86
Project Engineer IV $ 148.37
Project Drafter IV $ 137.38
Engineer $ 131.88
Drafter IV $ 131.88
Clerical IV $ 60.45
Principal Engineer V $ 208.81
Engineer Project Manager V $ 186.83
Engineer V $ 153.86
Designer V $ 126.39
Drafter V $ 93.42
Engineer VI $ 208.81
Engineer PM VI $ 181.34
Engineer VI $ 137.38
Designer VI $ 120.89
Drafter VI $ 98.91
Specialists I $ 259.36
Specialists II $ 214.31
Specialists III $ 225.40
Specialist IV W $ 308.81
Specialist VI OSHA $ 397.82
Admin A $ 79.99
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EXHIBIT C
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 15 Agreement for Professional Services
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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.
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.
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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 required of the Consultant, but in all other terms consistent with 17 Agreement for Professional Services
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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.
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.
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Agenda Item # 1.B.11.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Nathaniel McLean, Assistant Engineer
Reviewed by: Rob Duboux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: October 23, 2024 Meeting date: November 25, 2024 Subject: Award Las Flores Canyon Storm Drain Repair Project RECOMMENDED ACTION: 1) Approve the award of bid and authorize the Mayor to execute an agreement with J & H Engineering General Contractors, Inc. (J & H) in the amount of $80,075 for the construction of the Las Flores Canyon Storm Drain Repair Project, Specification No. 2111; and 2) Authorize the Public Works Director to approve any potential change orders up to 20%.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement/project is included in the Adopted Budget for FY 2024-25 in Account No. 310- 9119-5100 (Las Flores Storm Drain Repair).
Project Estimate Project Funding
Design $0 General Fund Designated
CIP
$400,000
Construction $80,075
Contingency $16,015
Total $96,090 Total $300,000
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The existing corrugated metal pipe (CMP) on Las Flores Canyon Road is damaged and is not functioning effectively. This project involves removing the damaged City Council Meeting
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Item
1.B.11.
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Agenda Item # 1.B.11.
CMP and replacing it with a new 24-inch reinforced concrete pipe (RCP). This project will improve the reliability and performance of this storm drain system.
The project plans and specifications for the Las Flores Canyon Storm Drain Repair Project were completed and advertised for construction bids. On October 17, 2024, the City received ten (10) construction bids. The following is a summary of the construction bids:
Contractor Bid Amount
Burns-Pacific Construction Inc. $73,726.00 *
J & H Engineering General Contractors Inc. $80,075.00
BSN Construction $90,795.00
Lee Construction Co. $93,906.00
Toro Enterprises $115,765.00
Troy Company Inc. $115,966.00
J Vega Engineering Inc. $133,316.00
CEM Construction Corporation $187,751.00
Bosco Constructors Inc. $216,448.66
Dominguez General Engineering $235,001.00
* The Burns-Pacific Construction Inc. bid was determined non-responsive and eliminated.
Burns-Pacific Construction Inc. was the apparent lowest bidder for this project. Staff reviewed the bid and found it to be not in compliance with the bidding requirements.
Therefore, this bid was considered non-responsive and was eliminated. J & H was the second lowest bidder for this project. Staff reviewed the bid and found it to be in order and in conformance with the contract bid requirements. Staff has checked the contractor’s license with the Contractor’s State License Board and found it to be current and active.
References contacted by staff have verified J & H’s work and found their work to be satisfactory. J & H previously completed the Malibu Park Resurfacing Project successfully for the City. Staff have determined that J & H is qualified to complete the proposed work for the project.
Staff recommends the Council authorize the Mayor to execute an agreement with J & H and authorize the Public Works Director to approve potential change orders up to 20% of the total contract amount. Once approved, staff will process the agreement and issue a Notice to Proceed for the project.
ATTACHMENTS:
1. Public Works Agreement with J & H Engineering General Contractors Inc. 2 Mber
CITY OF MALIBU
PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between J & H Engineering General Contractors, Inc. (hereinafter referred to as “CONTRACTOR”) and the City of Malibu, California, a municipal corporation (hereinafter referred to as “CITY”).
R E C I T A L S
A. On November 25, 2024, Malibu’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.
B. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Las Flores Canyon Storm Drain Repair Project in the City of Malibu.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Las Flores Canyon Storm Drain Repair Project in the City of Malibu. The work shall be performed in accordance with the Plans and Specifications dated September 19, 2024 and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit A) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project, a complete set of which is on file with the Malibu City Clerk’s Office, shall consist of the Terms and Conditions, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
Attachment 1
3 Public Works Agreement
J & H Engineering General Contractors, Inc.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 20 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $500 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
A. Pursuant to Labor Code Section 1720, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the 4 Public Works Agreement
J & H Engineering General Contractors, Inc.
performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
(5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
(6) CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices. (7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
F. CONTRACTOR and its subcontractors must comply with Labor Code Sections 1725.5 and 1777.1, including the requirement that registration with the DIR be maintained through the term of the Project. The City may, from time to time, request evidence of current registration.
5 Public Works Agreement
J & H Engineering General Contractors, Inc.
6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The City of Malibu and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.
CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. 6 Public Works Agreement
J & H Engineering General Contractors, Inc.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim. 7 Public Works Agreement
J & H Engineering General Contractors, Inc.
10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.
12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
14. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
15. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
16. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR shall maintain a City of Malibu business license, if required under CITY ordinance.
17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any 8 Public Works Agreement
J & H Engineering General Contractors, Inc.
authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
18. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
19. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein.
Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.
20. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
21. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Robert DuBoux, Public Works Director/City Engineer 9 Public Works Agreement
J & H Engineering General Contractors, Inc.
CONTRACTOR
J & H Engineering General Contractors, Inc.
4065 Mission Oak Blvd., Ste. B
Camarillo, CA 93012
Attention: Amy McMullen
22. DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code Sections 10240-10240.13.
23. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
24. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
26. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. 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 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.
27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
10 Public Works Agreement
J & H Engineering General Contractors, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
This Agreement is executed on this day of , 2024, at Malibu, California, and effective as of _____________, 2024.
CITY OF MALIBU:
_______________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
CONTRACTOR:
________________________________________
Name, Title
CONTRACTOR’S State of California License No.
_________________________________________
CONTRACTOR’S Business Phone No.
_________________________________________
CONTRACTOR’S Emergency Phone No. at which
contractor can be reached at any time
_________________________________________
_________________________________________
_________________________________________
President
630708
805-987-8414
805-732-2252 or 805-758-3138
11 10/29/2024
AssuredPartners of California Ins Services, LLC
196 S. Fir Street
P.O. Box 1388
Ventura CA 93002-1388
Larissa Angulo
(805) 585-6758 (805) 585-6758
[email protected]
J & H Engineering General Contractors, Inc.
4065 Mission Oaks Blvd.
Unit B
Camarillo CA 93012
The Travelers Indemnity Company of Connecticut 25682
Travelers Property Casualty of America 25674
24/25 GL/AU/UMB/WC
A Y DT22-CO-766X3615-TCT-24 07/13/2024 07/13/2025
1,000,000
300,000
5,000
1,000,000
2,000,000
2,000,000
A Y BA-2N586089-24-26-G 07/13/2024 07/13/2025
1,000,000
B CUP-6J048469-24-26 07/13/2024 07/13/2025
4,000,000
4,000,000
B Y UB-9J608692-24-26-G 01/01/2024 01/01/2025
1,000,000
1,000,000
1,000,000
RE: Job #917; Project: Las Flores Cyn Storm Drain Repair, City of Malibu. GL/AU: Certificate Holder, its Boards, Officers, Agents, and Employees are Additional Insured as respects to referenced project per forms (GL) CGD3160219 and (AU) CAT3530215. This Insurance is Primary & Non-Contributory to any other Insurance per forms (GL) CGT1000219 and (AU) CA00011013. WC: A Waiver of Subrogation is added in favor of the Additional Insured per form WC990376A001. Endorsements apply only as required by current written contract on file. **GL: EXCLUDES ALL WRAP/OCIP PROJECTS City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265
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
WVD
ADDL
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
ER
OTHSTATUTEPER
(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 PROJECT 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
12 13
14 15
16 17
18 19
20 21
22 UB-9J608692-24-26-G
UB-9J608692-24-26-G
23
Agenda Item # 1.B.12.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Brandie Ayala, Senior Management Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: October 10, 2024 Meeting date: November 25, 2024 Subject: Amendment to Professional Services with m6 Consulting, Inc.
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with m6 Consulting, Inc. (m6) for engineering design services for disaster projects in an amount of $26,900 for a total amount not to exceed $337,185 and extend the term of the agreement through July 12, 2026.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 102-9216-5100 (Westward Beach Road Shoulder Repairs).
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The Woolsey Fire began on November 8, 2018. The fire started in Woolsey Canyon near the boundary between Los Angeles and Ventura counties and eventually burned 96,949 acres of land. The fire was pushed by Santa Ana winds and fueled by chaparral-covered canyon slopes. By the end of November 2018, the Woolsey Fire was 100% contained. Throughout the city, roadways, guardrails, timber retaining walls and associated infrastructure were severely impacted by the fire. Additionally, the State also declared a state of emergency for damage sustained by the Woolsey Fire and Winter Storms 2018-19 allowing Malibu to apply for funding to repair drainage infrastructure.
On July 12, 2021, City Council entered into a professional services agreement with m6 for engineering design services for several City disaster projects:
• Walkway repairs in Point Dume and Malibu Park neighborhoods City Council Meeting
11-25-24
Item
1.B.12.
1
Agenda Item # 1.B.12.
• Drainage repairs on Encinal Canyon Road
• Shoulder repairs on Malibu Road
• Westward Beach Road Embankment Repairs
To date, all projects have been completed with the exception of Westward Beach Road Embankment Repairs.
The Westward Beach Road Embankment Repairs consists of making repairs to the existing embankment located on the northern portion of Westward Beach Road, approximately 400 feet south of Pacific Coast Highway. During the winter storms after the Woolsey Fire, the Zuma Creek eroded part of the existing embankment, damaging the shoulder area on Westward Beach Road. This project requires a Coastal Development Permit (CDP) and additional analysis.
This proposed amendment to m6’s agreement will include the additional analysis, and support during the CDP process.
Staff recommends City Council authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with m6 for engineering designs services for disaster projects in the amount of $26,900 for a total not to exceed $337,185 and extend the term of the agreement through July 12, 2026.
ATTACHMENTS: m6 Consulting, Inc. Amendment No. 1
2 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on November 25, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and M6 Consulting, Inc., hereinafter referred to as Consultant.
The City and the Consultant agree as follows:
RECITALS
A. On July 12, 2021, the City entered into an Agreement with Consultant for engineering design services for disaster projects (the "Agreement").
B. The City desires to amend the Agreement to provide additional services for the Westward Beach Road Embankment project including support on acquiring a coastal development permit, and Consultant has submitted a proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 1.0 ---, Scope of the Consultant's Services, of the Agreement, is hereby amended as set forth in Exhibit A attached hereto.
2. Section 2.0 -Term of Agreement, of the Agreement, is hereby extended to July 12, 2026.
3. Section 4.0 - Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit B attached hereto.
4. 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.
5. 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 July 12, 2024.
ATTEST:
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
TREVOR RUSIN, Interim City Attorney
CITY OF MALIBU:
STEVE UHRING, Mayor
i!y: Robert Woodward, PE
Title: Principal
3 Attachment 1
m6 Consulting Inc.
893 Patriot Drive Unit E, Moorpark, California 93021
805.379.1015 | www.m6ConsultingInc.com
September 30, 2024
Julie Santia
Associate Engineer
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Subject: Cost Proposal for Coastal Development Permit (CDP) Support Westward Beach Road Embankment Repairs
Dear Julie,
Thank you for the opportunity to provide this Proposal for Coastal Development Permit (CDP) Support Services to the City of Malibu (City) for the Westward Beach Road Embankment Repairs Project (Project). m6 Consulting (m6) has been supporting the City with design and environmental services for this FEMA Disaster Repair effort, and we are pleased to provide this proposal for additional services for the Project.
Specifically, the anticipated services include:
Scope of Services
Task 101 – Coastal Development Permit Support:
m6 will provide assistance to the City’s efforts to secure a Coastal Development Permit (CDP) for the Project. Anticipated efforts include response to commentary from the California Coastal Commission (CCC) regarding the criteria for selection of the current alternative, as well as other alternatives considered in the current design for embankment protection for Westward Beach Road. Review and response to Caltrans commentary will be provided.
Support for Planning Commission presentation, including attendance of the meeting with Planning Commission. If required by CCC or Planning Commission, an additional alternative will be developed, with allowances for plan, specification and cost estimate updates. A budget of 150 hours is allocated to this task.
Exclusions:
1. Additional environmental coordination, analysis and/or reporting;
2. Construction period services;
3. Agency coordination and approvals not specifically addressed in this scope of work;
4. Survey;
5. Road/embankment plan revisions beyond the specific scope addressed;
6. Calculations, plans, studies, or investigations beyond the specific Tasks/scope addressed in the proposal.
Efforts associated with the above Tasks are based on estimates of hours. Anticipated efforts related to this Scope of Work are summarized in the following Compensation
LETTER OF PROPOSAL
4 City of Malibu
Cost Proposal for Coastal Development Permit (CDP) Support Westward Beach Road Embankment Repairs
(Exhibit “B”) section, with a staffing and hourly allocation breakdown in Exhibit “C”. A reimbursable budget has been set for this project, to address direct expenses related to reproduction, travel and related costs. Assumptions of efforts and related hourly distribution across staffing levels are approximate in the absence of a total project budget and may change based on final total project cost and schedule, and associated efforts.
Please feel free to contact me at (805) 379 – 1015 with any questions you may have regarding our proposal and related scope of services.
Sincerely,
m6 Consulting, Inc.
Robert Woodward, PE
Principal
5 City of Malibu
Cost Proposal for Coastal Development Permit (CDP) Support Westward Beach Road Embankment Repairs
EXHIBIT “B”
COMPENSATION
City of Malibu
Cost Proposal for Coastal Development Permit (CDP) Support Westward Beach Road Embankment Repairs
Compensation Schedule
On an hourly basis, the Tasks outlined in Exhibit “A” above, and per the enclosed staff hours (Exhibit "C"). Staff will be billed based on their functional classification and corresponding hourly rate, as approved by the City.
TASK DESCRIPTION FEE
Task 101 Coastal Development Permit Support $26,400.00
Reimbursable $500.00
Total Fee $26,900.00
6 Prepared By: Robert Woodward
Position Principal Project Project Project Prof. Land PW Struct Total Total Eng Manager Eng. Designer Surv. Insp. Eng. Hours Fee
Rate $225 $165 $150 $120 $200 $115 $150 ($)
Task 101 Coastal Development Permit
Support 42 50 58 150 $26,400
Sub Total Hours 42 50 58 0 0 0 0 150
Total $9,450 $8,250 $8,700 $0 $0 $0 $0 $26,400
$500
Total $26,900.00
EXHIBIT "C" m6 CONSULTING PROPOSED HOURS AND STAFF ALLOCATION Date: September 30, 2024
Project: Coastal Development Permit (CDP) Support: Westward Beach Road Embankment Repairs m6
Reimbursable
7
Agenda Item # 1.B.13.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Renée Neermann, Financial Controller
Reviewed by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: August 14, 2024 Meeting date: November 25, 2024 Subject: California Employer’s Retiree Benefit Trust Program RECOMMENDED ACTION: Adopt Resolution No. 24-59 to update the Delegation of Authority to Request Disbursements for the California Employers’ Retiree Benefit Trust Program (CERBT) and rescind Resolution No. 09-27.
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 2024-25 Strategic Priority Project List.
DISCUSSION: The Governmental Accounting Standards Board (GASB) issued GASB 45 which requires cities to calculate and fund the amount of Other Post Employment Benefits (OPEB), such as retiree health care costs, and to fund these ongoing costs as well as any other incurred liability.
To implement GASB 45, the City contracts with an actuarial firm to calculate postemployment benefits, other than pensions, based on the present value of future benefits to be provided to current and future post-employment individuals and retirees. The City funds these ongoing expenses and lowers its existing liability through CERBT, the established OPEB trust with CalPERS. The CERBT program offers a high yield which enables the City’s annual contribution to decrease over time because the interest earned from funds on hand can be used to offset the cost of the liability. Disbursements from the fund can be used to offset the annual costs of retiree health benefits.
City Council Meeting
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Item
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Agenda Item # 1.B.13.
The CERBT administration recommends that three positions be authorized to request disbursements from the trust fund. Currently, the City Manager and Administrative Services Director are listed as authorized signatories. However, the Administrative Services Director position has been eliminated as an authorized position within the City.
Resolution No. 24-59 will amend the Delegation of Authority to reflect the appropriate positions with signing authority. Specifically, the Resolution will designate the City Manager, Assistant City Manager, and Financial Controller as authorized individuals to approve disbursement requests from the trust fund, replacing the previous authorization of the Administrative Services Director.
ATTACHMENTS: Resolution No. 24-59
2 RESOLUTION NO. 24-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU FOR
THE DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS AND RESCINDING RESOLUTION NO. 09-27
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. The governing body of the City of Malibu delegates to the incumbents in the positions of City Manager, Assistant City Manager, and Financial Controller the authority to request on behalf of the City of Malibu disbursements from the California Employers’ Retiree Benefit Trust and to certify as to the purpose for which the disbursed funds will be used.
SECTION 2. Resolution No. 09-27 is hereby rescinded.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Attachment 1
3
Agenda Item 1.B.14.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: November 1, 2024 Meeting date: November 25, 2024 Subject: Professional Services Agreement with Kimley Horn RECOMMENDED ACTION: Authorize the Mayor to execute a professional services agreement with Kimley Horn to develop a Speed Safety System Use Policy and Impact Report.
FISCAL IMPACT: No additional appropriation is required. Funding for this project is in the Adopted Budget for FY 2024-25 in Account No. 100-7021-5100-00 (Professional Services).
STRATEGIC PRIORITY: This item supports the Public Safety priority identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: In response to the tragic deaths of four Pepperdine students on Pacific Coast Highway on October 17, 2024, Senate Bill (SB) 1297 was created and signed by the Governor on September 27, 2024. SB 1297 authorizes the installation of five speed camera systems along the 21-mile stretch of PCH within the Malibu city limits. The City must develop a Speed Safety System Use Policy and Impact Report before purchasing or leasing equipment and implementing a speed camera program.
The Speed Safety System Use Policy must include the following:
1) The specific purpose of the system;
2) The uses that are authorized;
3) The rules and processes required to be followed by employees and contractors of the designated jurisdiction administering the system prior to its use; 4) The uses of the equipment and data collected that are prohibited; City Council Meeting
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Item
1.B.14.
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Agenda Item 1.B.14.
5) Identification of the data or information that can be collected by the speed safety system, the individuals who can access or use the collected information, and the rules and processes related to the access, transfer, and use or use of the information; and,
6) Provisions for protecting data from unauthorized access, data retention, public access, third-party data sharing, training, auditing, and oversight to ensure compliance with the Speed Safety System Use Policy.
The Speed Safety System Impact Report must include the following information:
1) Proposed purpose of the speed safety system;
2) Locations where the system may be deployed and traffic data for these locations, including the address of where the cameras will be located; 3) If potential deployment locations of systems are predominantly in low-income neighborhoods, a determination of why these locations experience high fatality and injury collisions due to unsafe speed;
4) Assessment of the potential impact of the speed safety system on civil liberties and civil rights and any plans to safeguard those public rights. 5) Description of the speed safety system and how it works; and, 6) Fiscal costs for the speed safety system, including program establishment costs, ongoing costs, and program funding.
On October 1, 2024, staff issued a Request for Proposals to hire a firm to develop the Use Policy and Impact Report. Proposals were due on November 12, 2024. The City only received one proposal, from contractor Kimley Horn. Kimley Horn has successfully worked on various City projects and they also developed the Use Policy and Impact Report for the City of Glendale’s speed safety system. The cost of the contract will not exceed $147,250 for the term of the agreement which runs for one year. Although the term of the agreement is set at one year, it is anticipated that the work will be completed by May 31, 2025. Due to the urgency of having these reports completed as soon as possible, staff recommends that the City initiate an agreement with Kimley Horn.
ATTACHMENTS:
1. Professional Services Agreement with Kimley Horn
2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 25, 2024, by and between the City of Malibu (hereinafter referred to as the "City"), and Kimley Horn (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 to developing a Speed Safety System Use Policy and a Speed Safety System Impact Report.
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 November 25, 2024, and will remain in effect for a period of one year 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 the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $147,250 for the term of the agreement. 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: B6AA8C06-BB67-4C0C-A776-2B1C73CE8652 3 Attachment 1
Agreement for Professional Services
Kimley Horn
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.
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 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: B6AA8C06-BB67-4C0C-A776-2B1C73CE8652 4 Agreement for Professional Services
Kimley Horn
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 and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.
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.
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 Docusign Envelope ID: B6AA8C06-BB67-4C0C-A776-2B1C73CE8652 5 Agreement for Professional Services
Kimley Horn
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 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 Docusign Envelope ID: B6AA8C06-BB67-4C0C-A776-2B1C73CE8652 6 Agreement for Professional Services
Kimley Horn
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.
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 Docusign Envelope ID: B6AA8C06-BB67-4C0C-A776-2B1C73CE8652 7 Agreement for Professional Services
Kimley Horn
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: Sri Chakravarthy, PE 73629 City Manager Senior Vice President
City of Malibu Kimley Horn
23825 Stuart Ranch Road 25152 Springfield Ct., Ste. 200 Malibu, CA 90265-4861 Santa Clarita, CA 91355
TEL (310) 456-2489 x 226 TEL (213) 261-4037
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 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.
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.
Docusign Envelope ID: B6AA8C06-BB67-4C0C-A776-2B1C73CE8652 8 Agreement for Professional Services
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