Agenda packet, second session — Malibu City Council, February 24, 2025 (part 3 of 3)

EXHIBIT A

SCOPE OF WORK
SECTION 1 - SCOPE OF WORK
PART A — MANAGEMENT SERVICES
The Consultant will provide management level planning services such as the following:

Plans, directs, coordinates, and reviews the work plan for the Planning Department; meets with staff to identify and resolve problems; assigns work activities, projects, and programs; monitors workflow; reviews and evaluates work products, methods? and procedures.

Oversees application and permit review on planned residential, commercial, and institutional projects, use permits, variances, and zoning changes.

Serves as a liaison for the Planning Department with other City departments, departments, and outside agencies; provides staff support to commissions, committees, and task forces, as necessary; negotiates and resolves significant and controversial issues.

Provides highly complex staff assistance to the Planning Director; develops and reviews staff reports related to planning activities and services; may present reports to the Planning Commission, City Council and other commissions. committees.

As necessary, participates on a variety of boards, commissions, committees, and task forces, and attends and participates in professional groups and committees; stays abreast of new trends and innovations in the field of planning.

Receives, investigates, and responds to problems and complaints from citizens in a professional manner; identifies and reports findings and takes necessary corrective action.

As necessary, conducts site inspections; makes determinations ifprojects are in compliance with laws. regulations, and ordinances; makes recommendations regarding changes.

Reviews various documents including City Council reports, resolutions, ordinances, Planning Commission reports and resolutions for current planning applications and long range planning and code amendments.

Review CEQA documents as needed but does not prepare CEQA documents.

Provide training for staff, as needed.
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As part ofthis work, the consultant shall:

PART B — OTHER
0 Demonstrate an area of expertise with regulatory documents similar to those used by the City ofMalibu Planning Department:

City of Malibu Local Coastal Program
City ofMalibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) City of Malibu General Plan City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Overlay Districts, etc.

Coastal Act
CEQA Guidelines
Subdivision Map Act
Permit Streamlining Act
City Council Policies
City of Malibu Planning Director Interpretations Manual 0 Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload. o Response Turnaround Times: Respond within one (1) business day to questions from City staff and members of the public Record Keeping: Maintain proper record keeping. Files shall be organized, up to date, and ready for public review at all times including digital records. All records shall be date-stamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status. 0 Meetings: Meetings with applicants and members of the public may be held in City Hall, on the project site (e.g., onsite visits), or virtually. In an effort to create a perception of unbiased level of customer service, socializing with applicants is strongly discouraged. o Demonstrate knowledge of computer applications including Microsoft Office Word, Excel. PowerPoint, Access, Teams, and GIS.

SECTION 2 - SCHEDULE OF FEES
This section describes the rates and general payment terms for the services described in this Scope of Work.

1. FEE
Consultant will perform the services at a minimum monthly retainer rate of $23,500 per month.

The minimum monthly retainer represents up to 20 hours per week of services to be provided. Travel time to/from the Consultant’s business address to/from the City or to/from any other location on behalf of the City will be billed at 50% (e.g., one hour oftravel is equal to 30 minutes of time). The Consultant shall be compensated on an hourly basis at a rate of $295 per hour for additional services or travel time provided beyond 20 hours per week. 30 Agreement for Professional Services
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2. TRAVEL EXPENSE BUDGET
Travel expenses shall be pre-approved by the Planning Director. Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals unless a pre-approved per diem is authorized by the City. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.

3. NON-BILLABLE ADMINISTRATIVE OVERHEAD
The Consultant will bill only for time spent performing assigned professional work. Unless otherwise authorized by the City, all other activities associated with carrying out the contract are not billable, and are therefore, considered overhead or administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities are: o Discussion with staffor applicants about the cost of services or to address billing disputes. o Meetings to discuss work performance, contract or additional services. o Travel time to and from the City of Malibu (when not related to Scope of Work). . Preparation of invoices and other administrative clerical services. o Contract administration, such as preparing or discussing contract amendments. o Time spent resolving errors in the event the Consultant is responsible. 31 Agreement for Professienal Services
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EXHIBIT B

INSURANCE LANGUAGE
WithOut limiting Consultant’s indemnification ofCity, and prior to commencement ofwork and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term ofthis 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. In the event Consultant has any employees at any point during the term of this Agreement, 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 ofSubrogation endorsement in favor ofCity, its officers, agents, employees, and volunteers.

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 tile with City for the contract period and any additional length oftime required thereafter. City reserves the right to require complete, certified copies of all required insurance policies. at any time.

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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 ofCity before the City’s own insurance or self— insurance shall be called upon to protect it as a named insured.

City’s Rights ofEnforcement. In the event any policy ofinsurance 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 ofCalifornia, 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 ofthe 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. lfthe 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.
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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 ofthe 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 ofthe 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 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. lfsuch a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation. 34 Agreement for Professional Services
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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 proofofability 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 ofclaims made or suits instituted that arise out ofor 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.
35 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of February 24, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and Interwest Group, 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 contract planning services.

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

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on February 24, 2025, and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein. Upon expiration of the Term, the Agreement will be automatically extended on a monthto-month basis unless either party terminates the Agreement upon at least ten (10) days written notice.

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 $260,000 for the term of this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee. 36 Attachment 3
Agreement for Professional Services
Interwest Group, Inc.

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

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

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. 37 Agreement for Professional Services
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6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City, which shall not be unreasonably delayed or withheld.

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 third party losses, liabilities, damages, costs, and expenses, including attorneys’ fees and costs, to the extent that they caused 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 with legal counsel selected from Consultant's insurance carrier's panel counsel, to reimburse City for its costs of defense, including reasonable attorneys’ 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 agreed by parties or 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 attorneys’ fees, expert fees, and costs of litigation. Notwithstanding any provision of law to the contrary, Consultant shall have the right to control the defense and settlement of any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any indemnitees without that indemnitees' approval.

Consultant’s obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitees in connection with the defense of the claim. 38 Agreement for Professional Services
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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.

6.7.2. Consultant shall have no authority to bind the City in any manner, whether by contract or otherwise, unless such authority is conferred in writing by the City Manager or their designee. Consultant shall no authority to make any final decisions on behalf of the City.

All such final decisions shall be reviewed and approved by the City Manager or their designee.

6.7.3. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

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

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

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

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

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

CITY: Joseph Toney CONSULTANT: Shelby Cook
Acting City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
TEL (310) 456-2489 x 226
FAX (310) 456-2760
Director of Sales
Interwest Group, Inc.
1 Jenner, Suite 160
Irvine, CA 92618
TEL (949) 731-4000
EMAIL
[email protected]

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. 41 Agreement for Professional Services
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7.0 GENERAL TERMS AND CONDITIONS.

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 February 24, 2025.
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CONSULTANT:
_______________________________
By: PAUL MESCHINO, President
Interwest Group, Inc.

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
44 SECTION 1 - SCOPE OF WORK
PART A – CURRENT PLANNING SERVICES
The Consultant shall perform professional municipal planning case management services at the Principal Planner / Senior Planner level for applicant-initiated applications as assigned by the Planning Department to include the following services: conformance reviews, discretionary case processing, project management, staff report preparation, CEQA documentation, review of conditions of approval, and attendance at required meetings for the Environmental Review Board (ERB), Planning Commission, and City Council. As part of this work, the selected consultant shall:
• Demonstrate expertise similar to a Principal Planner / Senior Planner in municipal planning case management.
• Review applications for complex residential and commercial development; evaluate alternatives and conformance with the City’s General Plan, Municipal Code, Local Coastal Program, and State laws; and prepare recommendations for action by City staff, elected or appointed officials.
• Process coastal development permits (CDP), administrative plan reviews (APR), site plan reviews (SPR), minor modifications, variances, conditional use permits, subdivisions, parcel maps, and other entitlements as assigned.
• Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications and codes; explain codes, requirements and procedures, and evaluates alternatives. • Coordinate with outside agencies and City departments involved as part of the development review process.
• Conduct final planning inspections, story pole visits, and other site visits as necessary. • Review applications and projects for compliance with CEQA. • Make presentations to the Planning Commission, City Council, and various committees and commissions, and attend evening meetings as required.
• Prepare staff reports, resolutions, and ordinances for the Planning Commission, Environmental Review Board, and City Council.
• May be requested to work on long-range planning projects. • Demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:

City of Malibu Local Coastal Program
City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) City of Malibu General Plan
City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Overlay Districts, etc.

Coastal Act
CEQA Guidelines
Subdivision Map Act
Permit Streamlining Act
• Prepare documentation, in a form prescribed by the City, normally associated with case processing. • Incomplete/Complete Letters processed within 30 calendar days of project submittal (target goal)
• Noticing Requirements for CDPs shall be processed before applications are deemed complete
• Notice of Decisions for APR/SPRs shall be processed no sooner than 21 days no later than 30 calendar days from the date of the issuance of the Notice of Application • Ensure that Planning fees are paid and included in incomplete letters • Staff reports for the Planning Commission, Environmental Review Board, and City Council shall be submitted to staff in final form including attachments, resolutions, and ordinances, if applicable. This includes thorough editing and proofreading and preparation of exhibits prior to submittal to staff for review. 45 Scope of Work

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• Update Planning long range agenda and keep abreast of pertinent deadlines. • The Development Database shall be maintained. All project milestones shall be entered as they are performed. The Note section shall reflect current status of the project and all communications with applicants, owners, appellants, and interested parties. • Attend Planning Department staff meetings only upon the request by the Planning Director or his/her designee
• Attend trainings as requested by the Planning Director or his/her designee • Stay abreast of new City and/or departmental policies and procedures as provided in emails, meetings, etc.
• Provide other services as requested by the Planning Director • Review Conditions of Approval prior to final planning approval • Stamp plans at appropriate review stages and conform plans accurately to reflect project approval
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.

PART B – OTHER
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload. • Response Turnaround Times: Respond within one (1) business day to questions from City staff and members of the public Record Keeping: Maintain proper record keeping. Files shall be organized, up to date, and ready for public review at all times including digital records. All records shall be date-stamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status. • Meetings: Meetings with applicants and members of the public shall be held in City Hall or on the project site (e.g., onsite visits). In an effort to create a perception of unbiased level of customer service, socializing with applicants is strongly discouraged. • Demonstrate knowledge of computer applications including Microsoft Office Word, Excel, PowerPoint, Access, Teams, and GIS.
46 Scope of Work

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SECTION 2 - SCHEDULE OF FEES
This section describes the rates and general payment terms for the services described in this Scope of Work.

1. FEE
Consultant will perform the services on an hourly basis, in accordance with Schedule 1 below. The Not to Exceed Fee represents all costs associated with the delivery of each task including travel time with the exception of travel expenses as described in Section 2 below. An itemized invoice of specific tasks shall be provided on invoices.

All hourly rates include overhead costs including, but not limited to: salaries, benefits, Workers Compensation Insurance, travel, and office expenses.

Planning Services Hourly Rate
Community Development Director ................................................................................................$220 Project Manager ..............................................................................................................................$190 Planning Manager ...........................................................................................................................$200 Principal Planner..............................................................................................................................$180 Senior Planner ................................................................................................................................. $165 Associate Planner ........................................................................................................................... $135 Assistant Planner.............................................................................................................................. $110 Planning Technician .......................................................................................................................... $90 *Not-to-exceed monthly: $10,800
The not-to-exceed amount is a general guideline to maintain services throughout the term of the agreement.

Prior to commencing work for the City of Malibu by the Consultant, written authorization must be granted by the Planning Director or his/her designee.
47 Scope of Work

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2. TRAVEL EXPENSE BUDGET
Travel expenses shall be pre-approved, in writing, by the Planning Director. No reimbursement shall be paid to Consultant for any travel expense budget in excess of 10% of the estimated travel expense , unless approved upon written request by the Planning Director. Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.

3. NON-BILLABLE ADMINISTRATIVE OVERHEAD
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable, and are considered overhead or administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities include, but are not limited to:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract or additional services. • Travel time to and from the City of Malibu (not related to Scope of Work). • Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible. 48 Agreement for Professional Services
Interwest Group, Inc.

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EXHIBIT B

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

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. 49 Agreement for Professional Services
Interwest Group, Inc.

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

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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. Except with respect to Workers’ Compensation coverage, 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 50 Agreement for Professional Services
Interwest Group, Inc.

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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 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.

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.

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

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.
52 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of February 24, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and Michael Baker International, 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 contract planning services.

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

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

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $480,000 for the term of this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee. 53 Attachment 4
Agreement for Professional Services
Michael Baker International

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any 54 Agreement for Professional Services
Michael Baker International

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payments due under this Agreement may be withheld to off-set anticipated damages.

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

6.5 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 attorneys’ 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 attorneys’ 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 attorneys’ fees, expert fees, and costs of litigation.

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All such final decisions shall be reviewed and approved by the City Manager or their designee.

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.
56 Agreement for Professional Services
Michael Baker International

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(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.

6.15 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.
57 Agreement for Professional Services
Michael Baker International

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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: Joseph Toney CONSULTANT: Aaron Lobliner
Acting City Manager Department Manager
City of Malibu
23825 Stuart Ranch Road
Michael Baker International,
Inc.

Malibu, CA 90265
TEL (310) 456-2489 x 226
5 Hutton Centre Drive
Suite 500
FAX (310) 456-2760 Santa Ana, CA 92707
TEL (562)714-4079
EMAIL
[email protected]

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. 58 59
60 Agreement for Professional Services
Michael Baker International

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EXHIBIT A

SCOPE OF WORK
61 SECTION 1 - SCOPE OF WORK
PART A – CURRENT PLANNING SERVICES
The Consultant shall perform professional municipal planning case management services at the Principal Planner / Senior Planner level for applicant-initiated applications as assigned by the Planning Department to include the following services: conformance reviews, discretionary case processing, project management, staff report preparation, CEQA documentation, review of conditions of approval, and attendance at required meetings for the Environmental Review Board (ERB), Planning Commission, and City Council. As part of this work, the selected consultant shall:
• Demonstrate expertise similar to a Principal Planner / Senior Planner in municipal planning case management.
• Review applications for complex residential and commercial development; evaluate alternatives and conformance with the City’s General Plan, Municipal Code, Local Coastal Program, and State laws; and prepare recommendations for action by City staff, elected or appointed officials.
• Process coastal development permits (CDP), administrative plan reviews (APR), site plan reviews (SPR), minor modifications, variances, conditional use permits, subdivisions, parcel maps, and other entitlements as assigned.
• Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications and codes; explain codes, requirements and procedures, and evaluates alternatives. • Coordinate with outside agencies and City departments involved as part of the development review process.
• Conduct final planning inspections, story pole visits, and other site visits as necessary. • Review applications and projects for compliance with CEQA. • Make presentations to the Planning Commission, City Council, and various committees and commissions, and attend evening meetings as required.
• Prepare staff reports, resolutions, and ordinances for the Planning Commission, Environmental Review Board, and City Council.
• May be requested to work on long-range planning projects. • Demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:

City of Malibu Local Coastal Program
City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) City of Malibu General Plan
City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Overlay Districts, etc.

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SECTION 2 - SCHEDULE OF FEES
This section describes the rates and general payment terms for the services described in this Scope of Work.

1. FEE
Consultant will perform the services on an hourly basis, in accordance with Schedule 1 below. The Not to Exceed Fee represents all cost associated with the delivery of each task including travel time with the exception of travel expenses as described in Section 2 below. An itemized invoice of specific tasks shall be provided on invoices.

All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel, and office expenses.
*Not-to-exceed monthly: $40,000
The not-to-exceed amount is a general guideline to maintain services throughout the term of the agreement.

Prior to commencing work for the City of Malibu by the Consultant, written authorization must be granted by the Planning Director or his/her designee.
64 Scope of Work

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2. TRAVEL EXPENSE BUDGET
Travel expenses shall be pre-approved by the Planning Director. Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.

3. NON-BILLABLE ADMINISTRATIVE OVERHEAD
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable, and are therefore, considered overhead or administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract or additional services. • Travel time to and from the City of Malibu (not related to Scope of Work). • Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible. 65 Agreement for Professional Services
Michael Baker International

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EXHIBIT B

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

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

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. 66 Agreement for Professional Services
Michael Baker International

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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.

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 67 Agreement for Professional Services
Michael Baker International

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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 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.

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.

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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.

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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: Brandie Ayala, Senior Management Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 20, 2025 Meeting date: February 24, 2025 Subject: Emergency Public Works Agreement
RECOMMENDED ACTION: 1) Receive a report on the approval of emergency Public Works agreement with Stacy and Witbeck, Inc. for emergency repairs in order to immediately preserve public safety; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

FISCAL IMPACT: Funding for this agreement was not included in the Adopted Budget for FY 2024-25. Public Works Agreement for the repairs to guardrails in the Palisades Fire will be charged to 102-9225-5100 (Palisades Fire). The existence of the local emergency may qualify the City for reimbursement of certain expenditures associated with disaster response and recovery.

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 January 7, 2025, a fire broke out in Pacific Palisades, north of Pacific Coast Highway (PCH) in between Temescal Canyon Road and Palisades Drive. The fire spread west, affecting areas within the jurisdiction of City of Los Angeles, County of Los Angeles, and the City of Malibu. The fire combined with a historic Santa Ana Wind event and power outages created conditions of extreme peril to the safety of persons and property. The Acting Director of Emergency Services (Acting City Manager) proclaimed the existence of a local emergency on January 8, 2025, and the proclamation was ratified by the City Council on January 15, 2025.

City Council Meeting
02-24-25
Item

1.B.11.
1

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Agenda Item # 1.B.11.

The City of Malibu’s Emergency Operations Center was activated on January 7, 2025, and continued to remain active during the event. Once it was safe, the Public Works Director and field staff were able to conduct damage assessments to the City’s infrastructure in the burn area. It was discovered that the existing metal beam guardrails along Tuna Canyon Road, Big Rock Drive, Las Flores Canyon Road, Rambla Pacifico, Carbon Canyon Road and Rambla Vista neighborhood were destroyed and required replacement. The replacement of damaged or destroyed guardrails is imperative to ensure public roads are safe for all modes of travel.

Under the authority of the emergency declaration, the Acting City Manager executed a $753,033 Public Works emergency agreement with Stacy and Witbeck, Inc., to replace the existing metal beam guardrails.

ATTACHMENTS:

1. Stacy and Witbeck, Inc. Public Works Agreement
2 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 3 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 4 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 5 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 6 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 7 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 8 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 9 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 10 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 11 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 February 20
21 February
12 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 13 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 14 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 15 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 16 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 17 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 18 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 19 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 20 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 21 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 22 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 23 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 24 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 25 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 26 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 27 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 28 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 29 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 30 Docusign Envelope ID: 50E53665-C68D-446E-A240-4E8027BD5126 31

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Agenda Item # 1.B.12.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Environmental Sustainability Director/Building Official Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 21, 2025 Meeting date: February 24, 2025 Subject: Letter to Governor Newsom Requesting Support for Addressing Environmental Impacts Post-Fire
RECOMMENDED ACTION: 1) Authorize the Mayor to execute a letter requesting a State Executive Order to assist with dangerous conditions post-fire; and 2) Direct staff to submit the letter to Governor Newsom’s office.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.

DISCUSSION: On January 7, 2025, the Palisades Fire started in the Palisades area and burned over 23,700 acres. The Acting Director of Emergency Services (Acting City Manager) proclaimed the existence of a local emergency on January 8, 2025, and the City Council adopted Resolution No. 25-01 ratifying the emergency on January 14, 2025.

Based on the City’s concerns about the post-fire environmental impacts including hazardous debris, toxic runoff, water quality, and erosion, staff has prepared a letter asking Governor Newsom for State and Federal assistance.

CONCLUSION: It is recommended that the Mayor execute this letter on behalf of the City.

ATTACHMENTS:

1. Draft Letter Requesting Support for Addressing Environmental Impacts Post-Fire City Council Meeting
02-24-25
Item

1.B.12.

City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org Recycled Paper
February 21, 2025
State of California
ATTN: Governor Gavin Newsom
1303 10th Street, Suite 1173
Sacramento, CA 95814
RE: Letter Requesting Support for Addressing Environmental Impacts Post-Fire Dear Governor Newsom:

On behalf of the City of Malibu, I am writing to bring to your attention a serious environmental threat to the California Coast that has developed from the Palisades Fire and request your assistance in bringing about immediate action to halt it.

Hazardous fire debris from the Palisades Fire is exposed to winter wave action along 4.5 miles of beach in Malibu, and poses a serious threat not only to Malibu, but to all Los Angeles County coastal communities. The debris is being washed daily into the ocean. Most of the homes and businesses destroyed by the Palisades Fire on these beaches were supported by timber piles and suspended above the wet beach during normal everyday high tides. Shoreline protective devices (SPDs) along the fireaffected coastline are destroyed, damaged, insufficient, or absent. The debris extends beyond these structures (even where they remain) and is exposed to wave action, especially during winter shoreline and swell conditions. The affected beaches are Carbon Beach, La Costa Beach, Las Flores Beach, Big Rock Beach, Las Tunas Beach, and Topanga Beach.

Given the above condition of these beaches, all of coastal Los Angeles County is potentially threatened physically, environmentally, and economically. Waves and coastal currents will cause hazardous debris to migrate and ultimately deposit on the beaches within the adjacent communities resulting in an extremely hazardous incident if not removed immediately.

The potential hazards are identified below and specifically include:
• Damaged Onsite Wastewater Systems (OWTS) to 330 Parcels - 330 parcels with OWTS (otherwise known as septic systems) that have been affected and/or potentially destroyed by wildfire, with septic tanks and effluent pits/fields exposed and open to the atmosphere, many located adjacent to compromised shoreline protection devices and sea 2 Recycled Paper
walls. This condition poses alarming hazards as it allows leaching and overflow of effluent onto the beach.
• Leaching effluent into Ocean - Leaching effluent from OWTS into the ocean can lead to acute and chronic health effects and may lead to long term public health and environmental impacts. This threat can cause a public health issue, not just for our community but also for our surrounding communities.
• Toxic Runoff - If left in place, toxic ash and fire waste will enter the ocean as runoff.

Improper handling and clean-up of fire debris can expose our residents to toxic materials and, without proper measures in place, can spread uncontrolled hazardous waste along the coast, posing a significant threat to our waterways, more specifically, our ocean water.
• Fire Debris into Ocean - Observation of the entire 25,000 linear feet of shoreline indicates that the mild winter coastal conditions to date has allowed tide and waves to reach the debris fields on these properties and pulled fire debris into the ocean, where it can migrate.
• Debris Migration along the Coast - Projected severe winter wave conditions will also cause large and small physical debris to enter the ocean and be transported along the coast or buried on the beach if not removed.
• Pacific Coast Highway (PCH) Erosion - PCHis threatened by this condition and erosion due to the missing or damaged sea walls and shoreline protection devices.

Erosion in this area can be expected to increase significantly and potentially undermine the road embankment supporting PCH and the critical infrastructure located under and along it.

Due to these alarming hazards and the need for immediate action, the City of Malibu is requesting your assistance and/or Federal Government assistance in addressing this dangerous situation and preventing the potentially dire environmental impacts. In particular we are requesting that you issue an executive order requesting federal assistance and/or providing direct assistance from the State to address this situation. The City looks forward to any immediate action you can take to protect our community and the environment. The City also requests that any executive order you issue suspend the California Environmental Quality Act and Coastal Act with regard to any protective or mitigating measures taken to protect these sensitive coastal resources.

Thank you for your consideration of this request. Please let me know if you need any additional information or would like to discuss further details of the request. We greatly appreciate all that you are doing to help our residents recover and rebuild from this unprecedented disaster.

Sincerely,
3 Recycled Paper
Doug Stewart
Mayor, City of Malibu

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Agenda Item # 7.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 5, 2025 Meeting date: February 24, 2025 Subject: Malibu Little League Fee Waiver
RECOMMENDED ACTION: Consider whether to approve the request from Malibu Little League to waive the field use and snack shack equipment rental fees for the 2025 baseball and softball season.

FISCAL IMPACT: Waiving the facility use fees will result in a loss of revenue of $36,000 for FY 2024-25 in Account Number 100-0000-3461-00 (Municipal Facility Use Fees).

Facility rentals generate revenue for the City, and waiving these associated fees limits potential revenue.

Funding for the snack shack equipment rental was not included in the Adopted Budget for FY 2024-25, requiring an expense of $6,000 in Account Number 100-4010-5710-00 (Park Maintenance – Facilities Rent).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted Fiscal Year 2024-25 Strategic Priority Project List.

DISCUSSION: Malibu Little League (MLL) is Malibu’s primary youth baseball and softball sports league and has used field space at Malibu Bluffs Park before the City’s incorporation in 1991. MLL is a parent-led volunteer organization that abides by ByLaws approved by Little League International. The organization invests in Malibu Bluffs Park infrastructure and fields and has worked with the City to improve park amenities such as installing new scoreboards, laser leveling the baseball fields, and converting the Pony Baseball field into a multi-use baseball and softball field. In 2024, MLL had 270 players, of which 80% were Malibu residents.

City Council Meeting
02-24-25
Item

7.A.
1

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Agenda Item # 7.A.

During the 2025 season, MLL anticipates that over sixteen teams will use Malibu Bluffs Park for weekly team practices and bi-weekly games for 275 baseball and softball players. To provide space for all teams to practice, MLL will install two temporary backstops on the multipurpose field from late February through the beginning of June.

Since 2012, the City and MLL have entered into a Community Use Agreement, which outlines the responsibilities of MLL and the City. MLL provides a sports league that would otherwise be offered by the City; hence, the City has waived the facility use fees related to league practices and game play.

In January 2025, MLL submitted a facility use application and fee waiver, requesting the City to continue to offer a 100% fee waiver. The request includes use of Malibu Bluffs Park Pony Baseball Field, Major Baseball Field, Multipurpose Field, and Snack Shack, with the addition of equipment rentals to operate the Snack Shack.

The facility rental fees include:

Type Non-Profit Rate
Pony Baseball Field $13,104
Major Baseball Field $13,104
Multipurpose Field $7,644
Total $33,852
Snack Shack equipment rental:

Equipment Fees
Sink Rental Fee and
Equipment Servicing $6,000
Staff anticipates fluctuations in the facility use schedule, therefore, the cost for facility was increased to $36,000, bringing the total fee waiver and sink rental request to $42,000.

ATTACHMENTS: 1) Malibu Little League Fee Waiver Letter
2) Malibu Little League Financial Documents
2 PO Box 262 – Malibu, CA 90265
January 31, 2025
City of Malibu
Community Services Department
23825 Stuart Ranch Road
Malibu, CA 90265
Dear City of Malibu:

Founded in 1954, Malibu LiNle League is dedicated to nurturing a love for baseball and soPball by fostering a sense of community spirit among our young athletes. Our mission is to provide a safe and welcoming environment where children can learn, grow, and play the sport they love.

With pride, we’ve witnessed our league flourish-boasWng 275 players in 2023, a threefold increase since 2019. Our commitment extends to nurturing tee-ball, baseball and soPball programming, ensuring that our young athletes have diverse opportuniWes to explore their passions.

Youth sports have tremendous physical and psychological benefits for kids (and parents too!), and a strong LiNle League organizaWon can play a big role in the emoWonal health of Malibu’s children. It is criWcal that we keep kids playing sports as they move into middle school and high school so we can keep our schools sports as strong as possible. Malibu High School has struggled to keep its soPball team going due to lack of players. We feel strongly that we are helping to build a new base of soPball players that can help keep the MHS soPball program flourishing. The stronger our local school sports teams are, the less likely it is we lose kids to Oaks ChrisWan, Agoura High or other local high schools.

Malibu LiNle League is a non-profit that barely breaks even each year, and the fee waiver is criWcal to keeping the league viable and flourishing for our community.

We look forward to conWnuing our relaWonship with the City at Bluffs Park and thank the City for your conWnued support.

Sincerely,
Jake Lingo
Vice President
Attachment 1
3 Malibu Little League FY 2024 BUDGET
Income
Registration Fees - Baseball 100,000
Registration Fees - Softball
Registration Fees - Teeball
Registration Fees - Fall Ball 17,500
Team Sponsorship 55,000
Fundraiser/Donations
City of Malibu Contribution 5,000
All Star Uniforms Reimbursement from Parents 4,500
Sportswear Sales 8,500
Snack Shack 10,000
AYSO Contribution
Pony Contribution
Bank Interest
Total Income 200,500$
Administrative Expenses
Accounting 2,500
Little League Tournament Fees & District 25 Assessment 2,000 Fundraising Expenses -
Insurance and LL Charter 4,000
Fees for Softball Tournament -
Merchant Services Fee -
PO Box 225
Supplies 350
City Permit fees 200
Monthly bank fees 359
Subtotal 9,634$
Operations Expenses
All Star Team Expenses 750
All Star Coaches Shirts -
All Star Uniforms -
Registration & Sponsor Banners 4,000
Baseball/Softball Equipment 3,000
Baseballs & Softballs 8,000
Fence Rental 2,500
Field Improvements 60,000
Field Maintenance 2,000
Attachment 2
4 Fall Ball Expenses (Field Rental & Travel) 6,500
Juniors Manager -
First Aid & Ice Packs 500
Fuel/Service Groomer 500
Paint for field 750
Kitchen utensils for new Snack Shack 400
Private coach help for Juniors, Majors & AAA teams 15,000 Reimbursements for canceled season (Covid) -
Scoreboard Maintenance -
Snack Shack 10,000
Softball Development Fund 2,000
Special Events-Opening Day 500
Special Events-Closing Day 2,000
Sportswear 5,000
Team Photos 1,500
Trophies 4,000
Tryouts -
Umpires 16,000
Uniforms - Spring 25,000
Uniforms - All-Stars 6,500
Uniforms - Fall Ball 2,500
Uniform invoice 2019 softball (submitted late) -
Miscellaneous 500
Subtotal 179,400
Total Expenses 189,034$
Net Income 11,466$
5

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Agenda Item # 7.B.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 10, 2025 Meeting date: February 24, 2025 Subject: Naming Rights for Public Facilities
RECOMMENDED ACTION: Review and provide feedback on the proposed City Council Policy #52 Naming Rights for Public Facilities.

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: On June 24, 2024, Council requested staff to prepare a Policy for Naming Rights for Public Facilities (Policy) that could potentially be used as a consideration for funding the Permanent Skatepark. The policy would establish guidelines and procedures for naming city-owned facilities, including parks, buildings, playing fields, and other amenities. The goal is to create a transparent and consistent process that aligns with the values and priorities of the community.

Key elements of the proposed Policy include,
• Purpose: Establish a clear and consistent framework for granting naming rights for public facilities.
• Procedures for Naming Facilities by a Major Donor: Defining the roles of staff and the Parks and Recreation Commission to review potential donors and facility names.
• Park/Facility Naming Criteria: An outline for naming facilities, including consideration of the individual or entity’s contribution to the community, ethical standards, and alignment with City values.
• Thresholds: Contributors’ minimum requirements for the City to consider and move forward with the request for naming rights.

City Council Meeting
02-24-25
Item

7.B.
1

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Agenda Item # 7.B.
• Terms/Expiration of Naming Rights: An evaluation of the duration and expiration of naming rights.
• Renaming Parks or Facilities: The process for renaming an existing City facility. • General Standards: Criteria that corporations, businesses, or individuals must follow for the City to consider the request for naming a facility.

Staff requests Council’s feedback on the proposed policy, specifically on the eligibility criteria, concerns regarding the ethical implications of corporate or individual sponsorships, suggestions for community engagement strategies, and minimum contributing costs of construction or donation amounts to award naming rights.

Following the Council’s review and feedback, staff will incorporate suggested changes and bring back a revised policy for final approval.

ATTACHMENTS: Draft City Council Policy #52 Naming Rights for Public Facilities

2 City of Malibu
Recycled Paper
City Council Policy
Policy #52
__________________________________________________________________ Title: Naming Rights for Public Facilities
Purpose: The Naming Rights for Public Facilities City Council Policy establishes a clear and consistent framework for granting naming rights for public facilities. It ensures that naming rights are awarded in a manner that reflects the community's values and goals while providing opportunities for organizations, individuals, and entities to support public projects.

Policy Statement: The City of Malibu (“City”) is interested in the potential naming rights of a park or a City building to offer an opportunity for financial or community contributions. The City feels that the naming of parks and City facilities should be a thoughtful process. Selecting a proper name for a park or facility should be purposeful and systematic. The following procedures are adopted to give City Council a uniform policy for developing meaningful names for City properties. Each request will be considered on a case-by-case basis.

Implementation:

City Council shall determine the naming, renaming, or dedication of City assets and the necessary contributions. Financial contributions associated with naming rights or dedications shall be made by City Council until a naming agreement has been reached and/or when the expense has been incurred.

Endowment funds will be appropriated annually for maintenance and/or program support.

1. Determination of Current Value: The current value of buildings and other major facilities and donated real property shall be determined by an independent appraisal. In all other circumstances where the current value must be determined under this policy, the City shall make the determination.

2. Duration of a Naming/Permanency of a Naming: Naming rights are typically granted for a fixed term of 5 to 20 years, depending on the financial contribution and other factors. Should an existing facility be demolished, repurposed, or replaced by a new facility, the preexisting name may be, but does not have to be, transferred to the new facility. Transferring the said name will require the same approvals as the original naming.

3. Naming Format: The name may include the contributor’s name, a corporate name, or a memorial designation, but it must be associated with the public facility.

4. Visibility: The name will be displayed at the facility in a manner consistent with the facility’s design and branding.
3 Policy #52
__________________________________________________________________ 2 5. Ethics and Morals Provisions: Any legal impropriety or act which brings dishonor or disrepute to the City or community at large on the part of the donor, the individual bestowed in the honorific naming, or corporate donor, shall make the gift and naming subject to reconsideration and potential reversal by City Council. All donations to the City pursuant to this Naming Rights for Public Facilities policy are nonrefundable at the time of donation. The City Council has the discretion to consider a refund request. The City Council shall consider the severity of the legal impropriety or act in question and the age of such impropriety or act in determining if any portion of the donated funds should be returned to the donor.

6. Guiding Policies and Laws: All naming must comply with the requirements of the City of Malibu and Naming Rights Policy and be consonant with all other applicable City policies and State of California laws.

7. Approval of Changes: Any changes to the approved name or related signage must be submitted for review and approval.

Naming Recreational Facilities
Parks will not be subdivided for naming unless there are readily identifiable physical divisions, such as roads, waterways, or defined boundaries. However, the naming of specific major recreational facilities within parks will be permitted. Under these circumstances, such names should differ from the park name to avoid confusion.

The City Council shall determine all parks and recreational facilities eligible for naming rights. Naming opportunities shall extend to tangible and intangible assets, including but not limited to Parks, Playfields (Soccer, Baseball, Softball, other), Courts (Tennis, Basketball, Pickleball, Other), Swimming Pools or Swim Facilities, Dog Parks, Playgrounds, Picnic Areas, Outdoor Shelters, Gardens, Skateparks, and Park Buildings. Named Scholarships or Program Endowments, Endowed Event, Endowed Program, or Endowed Scholarship.

Procedure for Naming by a Major Donor:

The park or facility naming procedure is intended to review the long-term implications of naming a park or facility. The following procedure will be followed in the naming of parks or facilities following a request from a Major Donor:

1. Staff will collaborate with the donor to prepare a list of potential names and the rationale for the name based on input from an appropriate source. This may include a specific request from an organization or individual and their rationale.

The list will be filtered based on criteria contained within this policy.

2. The Parks and Recreation Commission (Commission) will review the list of potential names and discuss each name and its relative merits. Based on various factors, such as historical or environmental context, relevance, etc., names may be added or eliminated. 4 Policy #52
__________________________________________________________________ 3 3. Staff or the requestor will provide additional information related to the naming to the Commission. The Commission shall recommend three or fewer names for City Council consideration.

4. City Council will make the final determination on the name. If the Council does not approve the name, it will provide directions to staff or the Commission, and the process will begin again. The City Council may also choose to deny any potential names and donations.

Park/Facility Naming Criteria:

When undertaking the process described above, criteria should be used to generate a list of potential park or facility names.

1. The name of the neighborhood in which the park or facility is located.

2. The school’s name, if adjacent to or closely identified with the park.

3. The name of a local interest point or topographical feature near the park or facility, including a stream, vegetation, or ecology of the area.

4. The name of an event or historical occurrence associated with the adjacent area.

5. A creative name based on impressions of the site.

6. The name of which most of the neighborhood and/or area residents refer to the park.

7. The name of a person who dedicates a significant part or all the land for the park or the building of the facility.

8. The name of a person of significant stature within the community.

9. The name of an organization or group of citizens that has contributed to the development of the park or facility.

Threshold
Below are guidelines meant to be a starting point in the negotiations with the contributor.

1. A minimum financial contribution threshold will be established, subject to periodic review. This threshold will reflect the size and importance of the facility.

2. Contribute all the land, facilities, or equipment.

3. Contribute to the costs of construction for the park or building to be named. Council may also identify naming opportunities with minimum contribution amounts for a project(s) that differ from those listed.
a. For assets with costs of $2,000,000 or less, a contribution of 100% is requested 5 Policy #52
__________________________________________________________________ 4 b. For assets with costs of $2,000,001-$4,999,999, a contribution of 50% is requested c. For assets with costs of $5,000,000 or more, a contribution of 25% is requested

4. A contribution by a donor to allow for a significant cost reduction in upgrading/expanding an existing facility within a park.

5. Provide endowment for long-term repair and maintenance of the park or property.

6. Provide a significant contribution to the costs of programming that will support the mission of the City.

Terms/Expiration of Naming Rights
The duration of the naming rights will be evaluated individually. In all scenarios, a term expiration will be established.

1. Naming rights are granted for a term specified in the agreement, generally between 5 and 20 years.

2. During the naming agreement, the contributor will be responsible for changes, including all costs, made to their logo that would require changes to the signs on the asset. Change requests are at the discretion of the City, which will not be unreasonably withheld.

3. Where a facility, building, landscape area, program, or other related Park and Recreation asset is named for a corporate entity, the name used should normally be the shortest name possible.

4. Where the naming rights purchased are for a corporate entity or business, the naming rights shall be limited to not longer than the life of the corporate entity.

5. If a naming right opportunity includes signage, a detailed proposal of the signage, including design, layout, verbiage, font, and cost, must be provided in writing for review and approval by the City and Planning Department. All signs must adhere to the Malibu Municipal Code (Chapter 17.52).

6. Benefits that may violate other park policies, city policies, or ordinances will not be included in any agreement.

7. The agreement may include an option for renewal based on performance and continued alignment with community values.

8. At the end of the term, naming rights revert to the public entity unless renewed. Renewal is at the discretion of the City.

Renaming of Parks or Facilities:

Renaming parks or facilities should be done only after careful consideration. The request to rename an existing park or facility may originate from various sources (e.g., the nearby neighborhood, subdivision 6 Policy #52
__________________________________________________________________ 5 developer, Commission, or City Council). The process for renaming the park would be the same as for a new park, with the following two preliminary steps.

1. Upon receipt of a written request for a name change, staff will research information concerning the current name of the park or facility. The research would include the reason or circumstance for the initial naming of the park or facility and any overriding commitment to the current name.

2. The Commission would review the reasons to retain the current name or options to change it and provide a recommendation to City Council. City Council will approve or deny the renaming request or refer it back to staff for further review.

City Council may consider renaming a park or facility if one or more of the following criteria are met:

1. The primary park users have submitted a petition for a name change that deserves consideration through the normal naming process (described above).

2. An individual or organization contributes a significant portion of the costs for acquiring/developing/renovating a park or facility or adds significant land.

3. Provision of an endowment for the continued maintenance and/or programming of the park or recreational facility.

General Standards
The following criteria must be met, including but not limited to any corporate entity or business or corporation, individual or family naming, or presentation sponsorships:

1. Naming rights must be consistent with the overall branding and naming conventions of public facilities.

2. The naming decision should consider the broader public interest and not be solely based on private interests.

3. The process for granting naming rights will be transparent, with clear documentation and public availability of the decision-making process.

4. Does not discriminate against any person, employee, member, or volunteer based on race, color, creed, religion, gender, sexual orientation, age, marital status, ancestry, national origin, or physical or mental disability, in compliance with all federal, state, and local laws and statutes; and

5. The name does not have connotations that are derogatory or offensive by contemporary community standards.

6. Does not promote environmental, work, or other practices that, if they took place in the park, would violate U.S. or state law (i.e., dumping hazardous waste, exploitation of child labor, etc.). 7 Policy #52
__________________________________________________________________ 6 7. Does not promote drugs, alcohol, tobacco, gambling, or adult entertainment.

8. Does not constitute violations of law.

9. Does not participate in unethical business practices as determined by a court of law.

10. Does not exploit participants or City employees.

11. Does not include religious references or political statements.

12. Does not endorse products or services that do not comply with City policies and procedures, City, State, or federal regulations, ordinances, codes, or statutes.

13. Does not appear to be in direct competition with City services.

14. Does not endorse products or services that conflict with the City’s mission or vision statements.

15. The City reserves the right to terminate any naming rights agreements not in accordance with City Council Policies.

Approval and Revision
This policy will be reviewed periodically and revised based on changes in community values, financial conditions, or legal requirements. Revisions must be approved by the City Council.

Date Adopted: Date
8

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Agenda Item # 7.C.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Acting City Manager
Trevor Rusin, Interim City Attorney
Date prepared: February 21, 2025 Meeting date: February 24, 2024 Subject: City Council Post-Disaster Additional Meetings and Communication RECOMMENDED ACTION: Discuss and provide direction on scheduling additional City Council meetings, community meetings, and/or other meetings and implementing a framework for outreach, community engagement and updates related to the recent fires.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.

DISCUSSION:

In the aftermath of the recent fire, the City Council, on February 10, 2025, indicated a desire to discuss and provide direction regarding potential additional meetings or workshops or other meetings for the Council, Staff and community to meet and effectively provide direction regarding issues related to the recent fires and their impacts, including issues related to rebuilding. This item includes considering scheduling new meetings and the form those meetings would take. This item also includes discussion of establishing a framework for regular updates and community engagement sessions to help ensure that recovery efforts remain organized and transparent to the public and other interested parties.

Additionally, the Council may consider implementing a regular schedule for recoveryfocused meetings and public forums, enabling residents and stakeholders to voice concerns and provide feedback, with the goal of helping to prioritize urgent community needs and foster a transparent and collaborative rebuilding process.

City Council Meeting
02-24-25
Item

7.C.

Page 1 of 1 ends

Agenda Item # 8.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 12, 2025 Meeting date: February 24, 2025 Subject: Council Appointments to the Malibu Arts Commission and Public Works Commission
RECOMMENDED ACTION: 1) Mayor Pro Tem Riggins to make an appointment to the Malibu Arts Commission; and 2) Councilmember Uhring to make an appointment to the Public Works Commission.

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: Julia Holland, Councilmember Riggin’s appointment, resigned from the Malibu Arts Commission effective December 31, 2024. Pursuant to Government Code Section 54974, a notice of unscheduled vacancy was posted on December 20, 2024.

Councilmember Riggins may make her appointment at this time.

At the February 10, 2025 Regular meeting, Councilmember Uhring was scheduled to make an appointment or reaffirm his appointment to the Public Works Commission and this appointment was inadvertently missed during discussion of the item. Councilmember Uhring may make his appointment now.

ATTACHMENTS:

Notice of Unscheduled Vacancy
City Council Meeting
02-24-25
Item

8.A.
1 City of Malibu
23825 Stuart Ranch Road ꞏ Malibu, California ꞏ 90265-4861 Phone (310) 456-2489 ꞏ Fax (310) 456-3356 ꞏ www.malibucity.org Unscheduled Vacancy Notice
(Government Code Section 54974)

VACANT POSITION PREVIOUS INCUMBENT DATE APPOINTMENT

CAN BE MADE
Malibu Arts Julia Holland January 13, 2025
Commission
Interested citizens should contact the City Clerk at (310) 456-2489, extension 228 or by email at [email protected] for more information.

Posted: December 20, 2024
______________________________
Kelsey Pettijohn, City Clerk
Attachment 1
2

Malibu City CouncilFebruary 24, 2025

Malibu City Council
February 24, 2025