Malibu City Council
February 24, 2025

Agenda Item # 1.B.5.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 3, 2025 Meeting date: February 24, 2025 Subject: Amendment to Agreement with California Highway Patrol RECOMMENDED ACTION: Authorize the Mayor to execute an amendment to an agreement with the California Highway Patrol (CHP) for traffic enforcement services.

FISCAL IMPACT: No additional appropriation is required this fiscal year. The cost of the services will be included in the Proposed Budget for FY 2025-26.

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

DISCUSSION: After the horrific tragedy of losing four Pepperdine students who were hit by a speeding car on PCH on October 17, 2023, local, regional, and state leaders collaborated to make CHP resources available to address the dangers on Pacific Coast Highway (PCH). On January 22, 2024, the City Council authorized the Mayor to execute an agreement with the California Highway Patrol (CHP) for traffic enforcement services.

The agreement established the Traffic Safety Task Force consisting of three full-time positions filled by dedicated personnel, providing consistency in shifts and personnel, along with one sergeant for 10 hours per week to oversee the operation. The term of the agreement expires on June 30, 2025.

In the last year, the Traffic Safety Task Force has contributed toward a safer PCH. In 2024, the Task Force issued 3,905 citations, which included 2,960 speeding citations, four of which were for speeds exceeding 100 mph. Over this same period, the Sheriff’s Department reported a 14% decrease in injury collisions. In addition, to helping to suppress speeding, the CHP will be crucial to helping to manage traffic in eastern Malibu during the recovery from the Palisades Fire.

City Council Meeting
02-24-25
Item

1.B.5.
1

Agenda Item # 1.B.5.

The original agreement had a cost not to exceed $2 million for a term of 18 months.

Extending the term to June 30, 2027, increases the not-to-exceed cost to $5.5 million for the new term of 42 months. The increase of $3.5 million covers the cost of two additional years.

Staff recommends that the CHP contract be amended to extend the term to June 30, 2027.

Amending the contract at this time allows ample time for staff to incorporate the cost into the Proposed Budget for FY 2025-26.

ATTACHMENTS:
1) Amendment to the Agreement with the California Highway Patrol 2) 2024 Agreement with the California Highway Patrol
2 State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Business Services Section
Contract Services Unit
601 N. 7th Street
Sacramento, CA 95811
(916) 843-3610
(800) 735-2929 (TTfTDD)
(800) 735-2922 (Voice)
January 10, 2025
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Subject: Agreement Number 23R580001-1
Congratulations, you have been awarded the agreement. Please complete the following marked item(s) and return to the above address within ten (10) business days:

STD. 213, Standard Agreement with attached exhibits. Sign the frrst page of the STD. 213, sign the additional single STD. 213, and return both copies .
./ STD. 213A, Standard Agreement Amendment. Sign the first page of the STD. 213A, sign the additional single STD. 213A, and return both copies.

STD. 210, Short Form Contract. Sign and return both copies.

STD. 204, Payee Data Record. Complete and return.

CCC, Contractor Certification Clauses. Complete and return.

Obtain and forward the liability insurance certificate required by the terms of the Agreement. ./ Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement.

STD. 807, Payment Bond. Complete and return one copy.

CHP 28, Voluntary Statistical Data. Complete and return.

CHP 78V, Conflict oflnterest & CHP 116, Darfur Certification Letter of Agreement. Sign and return both copies.

Contract status.

The enclosed agreement is signed on behalf of the Department of California Highway Patrol. Process and when approved, return an original to this office.

The enclosed approved agreement is for your records. You are now authorized to provide services.

TESSA GOMEZ
Contract Analyst
Enclosures
Safety, Service, and Security An Internationally Accredited Agency Cover Letter_0119.xft Attachment 1
3 4
Department of California Highway Patrol
and City of Malibu
Agreement #23R580001

EXHIBIT B
(Standard Agreement)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment
A. The CHP shall provide City of Malibu with an itemized invoice which details all CHP costs for law enforcement services provided under this Agreement. Monthly itemized invoices will be submitted in duplicate to:

City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Susan Dueñas, Public Safety Director
Phone: (310) 456-2489 ext. 313
City of Malibu agrees to pay CHP within thirty (30) days after the date of the invoice.

B. In consideration for the services contained herein, City of Malibu agrees to reimburse the CHP upon receipt of an itemized invoice. City of Malibu agrees to reimburse the CHP for the actual hours worked at the time services are provided for the rates listed below. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates.

In the event CHP is granted a rate increase, City of Malibu agrees to pay the increased rate. The following information is the CHP Peace Officer rates effective Fiscal Year until superseded:

CLASSIFICATION RATES
CHP Officer $30,331.76 per month
CHP Officer Overtime $129.39 per hour
CHP Motorcycle Sergeant $278.05 per hour
CHP Motorcycle Sergeant Overtime $165.25 per hour
CHP Automobile $ 1.66 per mile
CHP Motorcycle $ 1.71 per mile
5 Attachment 2
6 7
8 9
10 11
12 13

Agenda Item # 1.B.6.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Jorge Rubalcava, Senior Civil Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Joseph D. Toney, Acting City Manager
Date prepared: January 29, 2025 Meeting date: February 24, 2025 Subject: Professional Services Agreements for On-Call Construction Management Services
RECOMMENDED ACTION: Authorize the Mayor to execute Professional Services Agreements with Filippin Engineering and Z&K Consultants to provide On-Call Construction Management Services.

FISCAL IMPACT: No additional appropriation is required. Funding for these on-call services have been included as part of budget development for the City’s Capital Improvement Program (Fund 310-Capital Improvement Projects). The agreements both have a not-to-exceed of $50,000, for the term of the agreements.

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

DISCUSSION: The On-Call Construction Management Services agreements provide various construction management and engineering services to the City during Capital Improvements Projects, such as contract administration, submittal review, construction inspections and material testing, and provides related project close out documentation.

The Public Works Department will utilize either Filippin Engineering or Z&K Consultants to perform these services. This will allow the City to complete various other tasks efficiently.

On February 9, 2024, the City issued a Request for Qualifications (RFQ) for On-Call Construction Services. On March 28, 2024, the City received four proposals. All proposals were reviewed and evaluated by staff. Based upon the consultant’s City Council Meeting
02-24-25
Item

1.B.6.
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Agenda Item # 1.B.6.
qualifications to perform the work needed by the City, staff identified Filippin Engineering and Z&K Consultants as the most qualified firms.

Filippin Engineering has successfully provided exceptional services to local municipalities and is familiar with the City’s requirements, expectations, and has performed numerous projects within the Caltrans right-of-way. Filipin was ranked number one during the interview due to their extensive experience.

Z&K Consultants was also highly recommended and was ranked the second highest during the interview process. They have successfully performed construction and engineering services for at least 55 other local municipalities as an on-call contractor in the past.

Having two qualified firms to provide these services will be an efficient use of resources, minimize delays, provide cost effective solutions to work on the Strategic Priority Project list or other Public Works development needs. Staff will use these firms rotationally during the agreement term.

Staff recommends authorizing the Mayor to execute agreements with Filippin Engineering and Z&K Consultants to provide On-Call Construction Services.

ATTACHMENTS:

1. Professional Services Agreement with Filippin Engineering

2. Professional Services Agreement with Z&K Consultants Professional Services 2 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 Filippin Engineering, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating on-call construction management 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 Exhibit A (Scope of Work), attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on February 24, 2025, and will remain in effect for a period of three (3) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with Exhibit A, Scope of Work and Exhibit B compensation schedule. The cost of services shall not exceed $50,000 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the City Manager, or his or her designee.

Attachment 1
3 Agreement for Professional Services
Filippin Engineering, Inc.

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

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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

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

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City, which the City may grant or deny in its sole and absolute discretion.

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

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

6.5 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including Agreement for Professional Services [Consultant] Page 4 of 13 attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator.

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

6.5.1. Duty to defend:

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

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

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

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

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

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

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

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the 6 Agreement for Professional Services
Filippin Engineering, Inc.

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

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

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

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

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

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

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except for the provisions of Section 6.5 and except that, in the event any 7 Agreement for Professional Services
Filippin Engineering, Inc.

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

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

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

CITY: Steve McClary CONSULTANT: Gino Filippin
City Manager President
City of Malibu Filippin Engineering, Inc.
23825 Stuart Ranch Road 354 D S. Fairview Ave.

Malibu, CA 90265-4861 Goleta, CA 93117
TEL (310) 456-2489 x 226 TEL (805) 729-0041
FAX (310) 456-2760

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

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

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

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.

CONSULTANT:
_______________________________
By: Gino Filippin, President
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
GF
GF
February 6, 2025
9 Agreement for Professional Services
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EXHIBIT A

SCOPE OF WORK
The CM consultant shall provide construction management services and other engineering services during construction as generally described in this section. Overall, the CM consultant shall be responsible for comprehensive construction management services including contract administration, submittal review, resident project representative, inspections and testing, value engineering, progress payment requests, and project close-out and other engineering services during construction as described below.

Construction Management:

Provide full-service construction management services for the project. The following summary of responsibilities includes scope of work items and tasks that are planned for the CM consultant and will be developed in more detail in the final agreement, based on details proposed by the CM consultant.
a. Administration of the Construction Contract, acting as the City’s representative in dealing with the contractor, to ensure the completion of the work in accordance with the Construction Contracts.
b. Services of Resident Project Representative to be on-site for the daily observation of the contractor’s work to ensure that the work is proceeding in accordance with the Contract Documents and for coordination of construction management, testing, and inspection activities. Detailed daily reports of all the contractors’ activities shall be prepared in sufficient detail to document actual production rates and estimate construction costs.
c. Services of qualified inspectors and testing technicians to perform all inspections, tests, and approvals required at the site and at the place of manufacture or fabrication.

Written testing and inspection reports, certifications, or approvals shall be maintained and submitted.
d. Reviewing and determining the acceptability of schedules required to be submitted by the contractors, including progress schedule, submittal schedule, and schedule of values, project safety plan, hazardous materials handling plan, and traffic control plan.

Using the approved contractor construction schedules and schedule of values, develop cash flow projections for the project.
e. Establish construction baselines and benchmarks, not including construction staking, necessary for the contractor to complete the work to the lines and grades shown in the drawings.
f. Recommend and prepare change orders for contractor or City initiated changes or extra work. The recommendation shall include the CM consultant’s own independent cost 10 Agreement for Professional Services
Filippin Engineering, Inc.

estimate and change order justification. As appropriate, request the design consultant to review the proposed changes.
g. Coordinate, schedule, and chair regular progress meetings (and other meetings as needed or directed by the City) with the contractors and City project management team regarding construction issues, progress, and performance. h. Develop and implement a project specific safety plan for all non-contractor personnel who visit the construction site. Anticipated personnel include the CM consultant and sub-consultants, City staff and consultants, environmental monitors, elected officials, and other City staff.
i. Documentation of compliance with funding agency (Metro Transportation) j. Documentation of compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits.
k. On-site staff shall participate in the environmental and safety education trainings required for the project.
l. Maintain a hard copy file of the construction drawings at the CM consultant’s local office that is regularly updated with mark-ups of all field changes and as- built conditions for the purpose of reviewing a final set of Record Drawings. Maintain a conformed copy of the construction contracts and specifications at the CM consultant’s local office that is regularly updated with all approved modifications and changes. m. Establish, utilize and maintain a project file database system for use by the City, designer, CM consultant, and prime and sub-contractors. The file database shall contain all documents relative to the construction phase including drawings, specifications, amendments, daily reports, requests for information, change orders, submittals, shop drawings, correspondence, permits, and other contract information. n. Provide videotape and photographic documentation of project sites prior to and during construction.
o. Coordinate and document requests for clarifications/information issued by contractors and the responses. The CM consultant is expected to handle most such requests in the field, passing only specialized requests to the City or design consultant for response. p. Receive, document, coordinate, review, and process submittals and shop drawings issued by contractors and the responses. The CM consultant shall prepare written review comments/responses for each submittal and shop drawing and interpret the contract drawings and specifications in reviewing the documents so that the design intent of the project is implemented. It is expected the CM consultant will handle and 11 Agreement for Professional Services
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process such documents in the field, passing only the specialized ones (as determined by the City) to the City or design consultant for response. q. Coordinate and lead project close-out negotiations with the contractor and provide written verification that all payments, lien releases, and final change orders have been completed.
r. Make presentations to City Council, Commissions, Agencies, and/or interest groups, as directed by City Staff.
s. The construction manager shall prepare a Construction Quality Management Plan (QMP) if required by Caltrans. The QMP shall be submitted for review and approval by Caltrans. The approved QMP’s shall be kept and current for each project it applies to. t. Provide construction management coordination and other engineering services during construction on an on-call basis with all agencies involved in the project such as, but not limited to, Caltrans, Southern California Edison, So Cal Gas, Los Angeles County, Metro, etc.

Startup and Commissioning:

Provide contract administration services, on-site observations, and coordination during the start-up and commissioning period during which the contractors will bring the facilities online and into normal operations as flows are introduced into the project facilities. Coordinate and implement procedures for start-up, testing, commissioning and acceptance of the completed work for both individual components and as a complete system.

Post-Construction Services:

Prepare and submit a final Construction Summary Report. The report shall be a well-organized record of the completed facility and include the Record Drawings prepared by the contractor, operations manuals furnished by the contractor, and any third-party agreements related to the facility and its construction or operations. Visit the project, with the City and designer, to observe any apparent defects that may be discovered at the end of the warranty period and make recommendations regarding any replacements or corrections required. 12 Agreement for Professional Services
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EXHIBIT B
FILIPPIN ENGINEERING, INC.

BILLING RATES EFFECTIVE JULY 1, 2024 to JUNE 30, 2025
Engineering Construction Management
Engineering Technician $125.00 Assistant Construction Manager $195.00 Senior Engineering Technician $140.00 Associate Construction Manager $200.00 Senior Construction Manager $210.00
Junior Engineer $180.00 Principal Construction Manager $240.00 Assistant Engineer $195.00 Senior Construction Inspector (PW) $180.00 Associate Engineer $200.00 Senior Construction Inspector II (PW) $185.00 Senior Engineer $210.00 Chief Inspector/Owner’s Rep (PW) $190.00 Principal Engineer $240.00
General Markup
Technical/Clerical Support $120.00 Sub-Consultant 10%
Public Outreach Specialist $125.00 Reimbursable Expenses 10% Office Engineer $135.00 Outside Consultant 10%
Senior Program Manager $210.00
Notes:
1 - Reimbursable expensesinclude postage,shipping, outside plot and copy reproduction costs. 2 - On prevailing wage assignments, overtime rates for construction inspection = 1.3 X regular rate. Double time rates = 1.5 X regular rates. Overtime will not be performed unless authorized in writing by the client. Overtime is incurred as defined on the prevailing wage determination for construction inspector. 3 - Billing rates are subject to annual increases of 5% and rounded up to the nearest $5.00 4 - Prevailing Wage rate increases are calculated at an increase of proportionate percentage from Determination SC-23-63-2-22-1D for Building/Construction Inspector and Field Soils and Material Tester, these may be higher than Note 3 and are required by the DIR.
5 - Expert Witness services are 2x the applicable classification rate. 13 Agreement for Professional Services
Filippin Engineering, Inc.

EXHIBIT C

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

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

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

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

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

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

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

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess 14 Agreement for Professional Services
Filippin Engineering, Inc.

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

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

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
15 Agreement for Professional Services
Filippin Engineering, Inc.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with 16 Agreement for Professional Services
Filippin Engineering, Inc.

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.
17 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

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

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

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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

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

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

SUBR WVDADDL
INSD

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

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

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

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

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

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

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

CANCELLATION

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

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

AUTOS ONLY
2/5/2025
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Sandy Peters 626-696-1901 [email protected] License#: 6003745 Beazley Insurance Company Inc 37540 FILIENG-01 Sentinel Insurance Company 11000 Filippin Engineering Inc
805-729-0041
354-D S. Fairview Ave., Suite: D
Goleta CA 93117
Trumbull Insurance Company 27120 Hartford Casualty Insurance Company 29424 42931665 B X 2,000,000 X 1,000,000 X Contractual Liab 10,000 Included 2,000,000 4,000,000 X Y Y 84SBWBH0346 2/9/2024 2/9/2025
4,000,000
C 1,000,000 XY Y 84UEGAC8323 2/9/2024 2/9/2025
D Y 84WEGAK3JUW 2/9/2024 2/9/2025
X
1,000,000 1,000,000 1,000,000
A Professional Liability &
Contractors Pollution Liab.

Claims Made Form
C1ABF1240901 2/9/2024 2/9/2025 Per Claim/1,000,000
included
$2,000,000/Aggr.

AM Best's Rating on all policies: A/XII or greater.

Project: WO #241601 On-Call Construction Management Services City of Malibu is named as an additional insured as respects general liability and auto liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice will be sent to holder
City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265
18 COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

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

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

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

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

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

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
g. Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for "bodily
injury" or "property damage" caused by
the conduct of an "insured" under
paragraphs a. or b. of Who Is An Insured
with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21 Page 1 of 5
© 2021, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 84UEGAC8323
19 (c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
(2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
(a) The limits of insurance specified in the
written contract or written agreement;
or
(b) The Limits of Insurance shown in the
Declarations.

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

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

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

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

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

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

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

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

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

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

The SECTION IV- Business Auto Conditions, B.

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

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

Coverage is excess over any other collectible
insurance.

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

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

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

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

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

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

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

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

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

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

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

9. ELECTRONIC EQUIPMENT - BROADENED

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

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

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

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

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

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

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

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

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

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

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

13. AMENDED DUTIES IN THE EVENT OF

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

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

14. UNINTENTIONAL FAILURE TO DISCLOSE

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

15. HIRED AUTO - COVERAGE TERRITORY

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

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

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

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

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

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

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

22 19. HYBRID, ELECTRIC, OR NATURAL GAS

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

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

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

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

Form HA 99 16 12 21 Page 5 of 5
23 ABCDEFGHIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT - AGGREGATE LIMITS (PER PROJECT)
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. D. Section LIABILITY AND MEDICAL EXPENSES 4. If the applicable “project” has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if

1. The General Aggregate Limit under Section D. the authorized contracting parties deviate from plans, blueprints, designs, specifications or LIABILITY AND MEDICAL EXPENSES LIMIT OF INSURANCE applies separately to each of timetables, the “project” will still be deemed to be the same “project”. your "projects".

5. The provisions of Section LIABILITY AND D. 2. The limits shown in the Declarations for Liability MEDICAL EXPENSES LIMIT OF INSURANCE and Medical Expenses, Damage To Premises Rented To You and Medical Expenses continue not otherwise modified by this endorsement shall continue to apply as stipulated. to apply.

B. Additional Definitions 3. When coverage for liability arising out of the “products-completed operations hazard” is The following definition is added to Section G. provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of “bodily injury” or “property damage” included DEFINITIONS:
in the “products-completed operations hazard” 1. “Project” means “your work” at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you. Aggregate Limit, and not reduce the General Aggregate Limit.

Form SS 04 33 04 05 Page 1 of 1
© 2005, The Hartford
Policy #
84SBWBH0346
24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.

The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section FOPTIONAL ADDITIONAL INSURED COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
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25 BUSINESS LIABILITY COVERAGE FORM
(b) b. Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such equipment along a public highway with your c. Temporary Custodians Of Your permission. Any other person or organization Property responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to: (2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision. duties under this insurance.

5. Operator of Nonowned Watercraft e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of more than 50% of the voting stock on the insured while operating such watercraft with your permission. Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be However, no person or organization is an an insured under such policy but for its insured with respect to: termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, b. "Property damage" to property owned by, rented to, in the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs through below are additional a. f. or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
3ROLF\
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26 BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a Any failure to make such (e) permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products; A person or organization is an additional (f) Demonstration, installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an (g) Products which, after distribution additional insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container, part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; or F. – Optional Additional Insured Coverages. (h) "Bodily injury" or "property a. Vendors
damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs or ; or (d) (f) "property damage" included within the "products-completed operations hazard". Such inspections, adjustments, (ii) tests or servicing as the vendor (1) The insurance afforded to the vendor has agreed to make or normally is subject to the following additional undertakes to make in the usual exclusions:
course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement;
(b) Any express warranty (1) Any person or organization from whom you lease equipment; but only unauthorized by you; with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;

3ROLF\
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27 BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or Political With respect to the insurance afforded to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit. (1) Any person or organization from whom you lease land or premises, but With respect to the insurance afforded (2) only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b) Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through . above, but only with e behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or (1) Any architect, engineer, or surveyor, but the acts or omissions of those acting only with respect to liability for "bodily on your behalf: injury", "property damage" or "personal and advertising injury" caused, in whole In the performance of your (a) or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to This Coverage Part provides (ii) "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "productsfailure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

Form SS 00 08 04 05 Page 13 of 24
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28 BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence Limit Supervisory, inspection,
architectural or engineering Subject to or above, whichever 2.a. 2.b activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section – Limits "property damage" and medical expenses D.

Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in the Declarations. insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses in Section – Liability And Medical Expenses because of "bodily injury" sustained by any E.

General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to above, the most we will pay for 2.b. company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.

1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of the owner. 2. Aggregate Limits
In the case of damage by fire, lightning or The most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations.

The most we will pay on behalf of a person or b. Damages because of all other "bodily organization who is an additional insured injury", "property damage" or "personal under this Coverage Part is the lesser of: and advertising injury", including medical expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or permit issued by a state or political This General Aggregate Limit applies subdivision; or separately to each of your "locations" owned by or rented to you. b. The Limits of Insurance shown in the Declarations. "Location" means premises involving the
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad.

3ROLF\
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29 BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this Immediately send us copies of any (1) policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph above. 3. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance.

No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other

1. Bankruptcy than for first aid, without our consent.

Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered

2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs and apply to you or to a. b. (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity.

Form SS 00 08 04 05 Page 15 of 24
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30 BUSINESS LIABILITY COVERAGE FORM
This Paragraph applies separately to We have issued this policy in reliance f. (3) you and any additional insured. upon your representations.

3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also primary, we will share with all that other 4. Legal Action Against Us insurance by the method described in c. No person or organization has a right under below. this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the other insurance, whether primary, excess, insured; or
contingent or on any other basis: b. To sue us on this Coverage Form unless all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability

5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies:
(4) Aircraft, Auto Or Watercraft a. As if each Named Insured were the only Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to b. Separately to each insured against whom the extent not subject to Exclusion of g. a claim is made or "suit" is brought. Section – Coverages. A.

6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not subject to Exclusion of Section – k. A. (2) Those statements are based upon Coverages. representations you made to us; and

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31 BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of: That is other insurance available to you covering liability for damages The total amount that all such other (1) arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and selfadded as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first. have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its by the method described in applicable limit of insurance to the total c. below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs and do not apply to apply to Medical Expenses Coverage. (a) (b) other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24
3ROLF\
84SBWBH0346
32 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
84WEGAK3JUW 02/09/2024
Filippin Engineering Inc
354-D S. Fairview Ave., Suite: D
Goleta, CA 93117
02/09/2025
33 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 Z & K Consultants (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 on-call construction management 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 Exhibit A (Scope of Work), attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on February 24, 2025, and will remain in effect for a period of three (3) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with Exhibit A, Scope of Work and Exhibit B, compensation schedule. The cost of services shall not exceed $50,000 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the City Manager, or his or her designee.

Attachment 2
34 Agreement for Professional Services
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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its written, detailed bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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

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

6.2 Non-Assignability. The Consultant shall not assign or transfer any 35 Agreement for Professional Services
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interest in this Agreement without the express prior written consent of the City, which the City may grant or deny in its sole and absolute discretion.

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

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

6.5 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including Agreement for Professional Services [Consultant] Page 4 of 13 attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator.

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

6.5.1. Duty to defend:

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

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 36 Agreement for Professional Services
Z & K Consultants

governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

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

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

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

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

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

6.11 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 37 Agreement for Professional Services
Z & K Consultants

negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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

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

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

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

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

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except for the provisions of Section 6.5 and except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
38 Agreement for Professional Services
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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 D. Toney CONSULTANT: Crystal Fraire
Acting City Manager President
City of Malibu Z & K Consultants
23825 Stuart Ranch Road 17130 Van Buren Blvd., Ste.
122
Malibu, CA 90265-4861 Riverside, CA 92504
TEL (310) 456-2489 x 224 TEL (951) 310-7470
FAX (310) 456-2760

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

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

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

City Initials ______
Consultant Initials ______ CF
39 Agreement for Professional Services
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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.

CONSULTANT:
_______________________________
By: Crystal Fraire, President
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney

EXHIBIT A

SCOPE OF WORK
The CM consultant shall provide construction management services and other engineering CF
40 Agreement for Professional Services
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services during construction as generally described in this section. Overall, the CM consultant shall be responsible for comprehensive construction management services including contract administration, submittal review, resident project representative, inspections and testing, value engineering, progress payment requests, and project close-out and other engineering services during construction as described below.

Construction Management:

Provide full-service construction management services for the project. The following summary of responsibilities includes scope of work items and tasks that are planned for the CM consultant and will be developed in more detail in the final agreement, based on details proposed by the CM consultant.
a. Administration of the Construction Contract, acting as the City’s representative in dealing with the contractor, to ensure the completion of the work in accordance with the Construction Contracts.
b. Services of Resident Project Representative to be on-site for the daily observation of the contractor’s work to ensure that the work is proceeding in accordance with the Contract Documents and for coordination of construction management, testing, and inspection activities. Detailed daily reports of all the contractors’ activities shall be prepared in sufficient detail to document actual production rates and estimate construction costs.
c. Services of qualified inspectors and testing technicians to perform all inspections, tests, and approvals required at the site and at the place of manufacture or fabrication.

Written testing and inspection reports, certifications, or approvals shall be maintained and submitted.
d. Reviewing and determining the acceptability of schedules required to be submitted by the contractors, including progress schedule, submittal schedule, and schedule of values, project safety plan, hazardous materials handling plan, and traffic control plan.

Using the approved contractor construction schedules and schedule of values, develop cash flow projections for the project.
e. Establish construction baselines and benchmarks, not including construction staking, necessary for the contractor to complete the work to the lines and grades shown in the drawings.
f. Recommend and prepare change orders for contractor or City initiated changes or extra work. The recommendation shall include the CM consultant’s own independent cost estimate and change order justification. As appropriate, request the design consultant to review the proposed changes.
g. Coordinate, schedule, and chair regular progress meetings (and other meetings as needed or directed by the City) with the contractors and City project management team 41 Agreement for Professional Services
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regarding construction issues, progress, and performance. h. Develop and implement a project specific safety plan for all non-contractor personnel who visit the construction site. Anticipated personnel include the CM consultant and sub-consultants, City staff and consultants, environmental monitors, elected officials, and other City staff.
i. Documentation of compliance with funding agency (Metro Transportation) j. Documentation of compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits.
k. On-site staff shall participate in the environmental and safety education trainings required for the project.
l. Maintain a hard copy file of the construction drawings at the CM consultant’s local office that is regularly updated with mark-ups of all field changes and as- built conditions for the purpose of reviewing a final set of Record Drawings. Maintain a conformed copy of the construction contracts and specifications at the CM consultant’s local office that is regularly updated with all approved modifications and changes. m. Establish, utilize and maintain a project file database system for use by the City, designer, CM consultant, and prime and sub-contractors. The file database shall contain all documents relative to the construction phase including drawings, specifications, amendments, daily reports, requests for information, change orders, submittals, shop drawings, correspondence, permits, and other contract information. n. Provide videotape and photographic documentation of project sites prior to and during construction.
o. Coordinate and document requests for clarifications/information issued by contractors and the responses. The CM consultant is expected to handle most such requests in the field, passing only specialized requests to the City or design consultant for response. p. Receive, document, coordinate, review, and process submittals and shop drawings issued by contractors and the responses. The CM consultant shall prepare written review comments/responses for each submittal and shop drawing and interpret the contract drawings and specifications in reviewing the documents so that the design intent of the project is implemented. It is expected the CM consultant will handle and process such documents in the field, passing only the specialized ones (as determined by the City) to the City or design consultant for response. q. Coordinate and lead project close-out negotiations with the contractor and provide written verification that all payments, lien releases, and final change orders have been 42 Agreement for Professional Services
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completed.
r. Make presentations to City Council, Commissions, Agencies, and/or interest groups, as directed by City Staff.
s. The construction manager shall prepare a Construction Quality Management Plan (QMP) if required by Caltrans. The QMP shall be submitted for review and approval by Caltrans. The approved QMP’s shall be kept and current for each project it applies to. t. Provide construction management coordination and other engineering services during construction on an on-call basis with all agencies involved in the project such as, but not limited to, Caltrans, Southern California Edison, So Cal Gas, Los Angeles County, Metro, etc.

Startup and Commissioning:

Provide contract administration services, on-site observations, and coordination during the start-up and commissioning period during which the contractors will bring the facilities online and into normal operations as flows are introduced into the project facilities. Coordinate and implement procedures for start-up, testing, commissioning and acceptance of the completed work for both individual components and as a complete system.

Post-Construction Services:

Prepare and submit a final Construction Summary Report. The report shall be a well-organized record of the completed facility and include the Record Drawings prepared by the contractor, operations manuals furnished by the contractor, and any third-party agreements related to the facility and its construction or operations. Visit the project, with the City and designer, to observe any apparent defects that may be discovered at the end of the warranty period and make recommendations regarding any replacements or corrections required. 43 Agreement for Professional Services
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EXHIBIT B

COMPENSATION SCHEDULE
Z&K Consultants, Inc Hourly Rates:

Senior Construction Manager .................................................................................................. $220 Construction Manager .............................................................................................................. $210 Senior Construction Inspector .................................................................................................. $188 Construction Inspector ............................................................................................................. $185 Project Manager/Office Engineer ............................................................................................ $175 Accessibility Expert/CASp Inspector ...................................................................................... $192 Deputy/Special Inspector ......................................................................................................... $179 Office Engineer/Document Control ......................................................................................... $145 Labor Compliance Officer ....................................................................................................... $145 Scheduler/Estimator ................................................................................................................. $188 Surveyor ................................................................................................................................... $196 Drone Pilot ............................................................................................................................... $135 SWPPP/Environmental Specialist ........................................................................................... $177 Landscape Architect ................................................................................................................. $198 Senior Highway & Bridge Designer/Structural Engineer ........................................................ $216 Public Relations/Community Outreach ................................................................................... $138 Converse Hourly Rates:

Material Testing Services .................................................................................................. Attached Overtime rates are billed at 1.5 times the regular rate, while double-time rates are billed at 2 times the regular rate. Please note that rates are subject to a 6% annual escalation. 44 Agreement for Professional Services
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45 Agreement for Professional Services
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46 Agreement for Professional Services
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47 Agreement for Professional Services
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EXHIBIT C

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

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

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

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

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

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

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

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such 48 Agreement for Professional Services
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policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

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

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
49 Agreement for Professional Services
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Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than 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 50 Agreement for Professional Services
Z & K Consultants

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.
51 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

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

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
2/5/2025
(623) 278-4358 (623) 278-4358
25674
Z & K Consultants, Inc.
22295 Jessamine Way
Corona, CA 92883
A1340J
12203
A 1,000,000
X X 6802J978123 5/18/2024 5/18/2025 1,000,000
5,000
1,000,000
2,000,000
2,000,000
A 1,000,000
X X BA6W812054 5/18/2024 5/18/2025
A 5,000,000
X X CUP7W800864 5/18/2024 5/18/2025 5,000,000
0 5,000,000
A
X UB9K77696A 5/18/2024 5/18/2025 1,000,000
1,000,000
1,000,000
B E&O/Professional Lia FRL-H-P-PL-00003201-01 7/10/2024 See Description C Excess Liability 00148570-1 7/10/2024 7/10/2025 See Description E&O/Professional Liability | Policy Number: FRL-H-P-PL-00003201-01 | Effective & Expiration Dates: 7/10/2024 - 7/10/2025 | Limits: General Aggregate: $ 2,000,000 Each Claim: $1,000,000 Deductible $5,000 each claim l Deductible Aggregate $15,000 l retroactive date: full prior acts Excess E&O/Professional Liability | Policy Number: 00148570-1 | Effective & Expiration Dates: 7/10/2024 - 7/10/2025 | Limits: Each Claim: $1,000,000. General Aggregate $1.000.000 | Retro Date: 9/26/2023
Certificate Holder Is named Additional Insured as respects to General Liability. This insurance is primary and non-contributory with any other insurance of the SEE ATTACHED ACORD 101
City of Malibu
Attn: Jorge Rubalcava
23825 Stuart Ranch Road
Malibu, CA 90265
Z&KCONS-01 KADIRISAI
NFP Property & Casualty Services, Inc.
1551 North Tustin Avenue
Suite 500
Santa Ana, CA 92705
Ashly James
[email protected]
Travelers Property Casualty Company of America
HDI Global Specialty SE
James River Insurance Company
Prod Comp
X
7/10/2025
X
X
X
X
X
X
X
52 FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:

LOC #:

AGENCY NAMED INSURED

POLICY NUMBER

CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

NFP Property & Casualty Services, Inc.

Z&KCONS-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
1 SEE P 1
Z & K Consultants, Inc.
22295 Jessamine Way Corona, CA 92883
SEE PAGE 1

KADIRISAI
1 Description of Operations/Locations/Vehicles:
additional insured, so long as a written contract or agreement to such exists prior to a loss, per endorsements CG D3 79 02 19 and/or CG D3 81 09 15 & CG D3 81 09 15 attached. A Waiver of subrogation in favor of the certificate holder applies as respects to General Liability coverage, per endorsement CG D3 79 02 19 and/or CG D3 81 09 15 attached. General liability per-project aggregate applies per endorsement CG D4 02 06 19 attached.

Umbrella/Excess Liability underlying policies include General Liability, Employers Liability, Professional Liability & Automobile Liability per schedules EU 00 03 08 18 & PL0014US 12-20 attached.

Certificate Holder is named as Additional Insured as respects to Automobile Liability so long as a written contract or agreement to such exists with the named insured prior to a loss, per endorsement CA T4 20 02 15 attached. A Waiver of subrogation in favor of the certificate holder applies as respects to Automobile Liability coverage, per endorsement CA T4 20 02 15 attached.

A Waiver of subrogation in favor of the certificate holder applies as respects to Workers Compensation coverage, per endorsement CA T4 20 02 15 attached.

Re: Construction Management Services For Capital Improvement Projects Technical Qualifications.

City of Malibu, its Boards, Officers, officials, Agents, volunteers and Employees are named Additional Insureds as respects to General Liability, Umbrella Liability and Auto Liability. General Liability and Umbrella Liability insurance are primary and non-contributory with any other insurance of the additional insureds, so long as a written contract or agreement to such exists prior to a loss. A Waiver of subrogation in favor of the City of Malibu, its Boards, Officers, officials, Agents, volunteers and Employees applies as respects to General Liability, Auto Liability, Umbrella Liability and Workers Compensation coverage so long as written contract or agreement exists as per attached endorsement CG D3 79 02 19 and/or CG D3 81 09 15, CA T4 20 02 15 and WC 99 03 76 (A)-001. Umbrella Liability Follow Form.
53 54
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59 60
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91

Agenda Item # 1.B.7.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 3, 2025 Meeting date: February 24, 2025 Subject: General Plan Safety Element Update
RECOMMENDED ACTION: Authorize the Mayor to execute a professional services agreement with Atlas Planning Solutions to update the Safety Element of the General Plan.

FISCAL IMPACT: No additional appropriation is required. There are sufficient funds in the Public Safety Services and Emergency Management Budget (Program 7021) to cover the not to exceed cost of $173,944 of the contract.

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

DISCUSSION: The Safety Element of the General Plan is designed to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other hazards. The City’s current Safety Element has not been updated since its adoption as part of the original General Plan in 1995.

California Government Code § 65302 (Code) mandates that the Safety Element be updated after the next revision of the Local Hazard Mitigation Plan (LHMP) and the Housing Element. The City Council adopted an updated LHMP on August 26, 2024, and a revised Housing Element on September 23, 2024. In addition, the Code requires the Safety Element to include evacuation routes, their capacity, safety, and viability across various emergency scenarios and it needs to address the fire risk for areas classified in a Very High Fire Hazard Severity Zone (VHFHSZ). CAL FIRE has designated the entire City of Malibu as being within a VHFHSZ. Therefore, the Safety Element must be updated to City Council Meeting
02-24-25
Item

1.B.7.
1

Agenda Item # 1.B.7.
comply with this Code. Finally, updating the Safety Element will help the City qualify for the 2026 Fire Risk Reduction Community List, which provides advantages to Malibu residents when applying for homeowner’s insurance and potential discounts.

Updating the Safety Element of the General Plan generally falls to the Planning Department. However, recognizing the importance of the update and current staffing limitations and priorities of the Planning Department, the Public Safety Department offered to take the lead on the Safety Element and work in partnership with the Planning Department to move the project forward. To assist Public Safety staff with managing the project to its completion, the City Council authorized the Mayor to execute a professional services agreement with Capstone City Planning on August 12, 2024, to provide Public Safety staff with technical expertise in securing and managing a consultant to update the Safety Element of the General Plan.

With the assistance of Capstone City Planning, staff issued a Request for Proposals for contract planning services to update the Safety Element on September 5, 2024. Proposals were due on October 18, 2024. Two proposals were received: one from Atlas Planning Solutions and one from Kimley Horn. After reviewing the two proposals, both consultants were deemed qualified to meet the City’s needs. To further evaluate the proposals, interviews were conducted on October 30, 2024. Based on the interviews, it was determined that Atlas Planning Solutions was a better fit for the project for the following reasons:
- More experience and a greater depth of knowledge in updating Safety Elements - Experience with updating Safety Elements for coastal cities - A stronger community outreach strategy
The term of the agreement will end on April 30, 2026. The cost of the contract is detailed in the attached Agreement and will not exceed $173,944. This cost consists of $129,040 for the base contract, $12,904 for a 10% contingency, and $32,000 for three optional tasks that may be required by the California Environmental Quality Act.

ATTACHMENTS: Professional Services Agreement with Atlas Planning Solutions 2 Agreement for Professional Services
Atlas Planning Solutions

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of February 10, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and Atlas Planning Solutions (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating to updating the Safety Element of the City’s General Plan.

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

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

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

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in Exhibit A (Scope of Work), attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by written agreement signed by both parties. Consultant will perform its services in accordance with the care, skill, and diligence ordinarily exercised by professionals providing similar services in the same or similar locale to that of Consultant under this agreement.

2.0 TERM OF AGREEMENT. This Agreement will become effective on February 10, 2025, and will remain in effect until April 30, 2026, unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with 3 Agreement for Professional Services
Atlas Planning Solutions

the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $173,944 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the City Manager, or his or her designee.

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

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

6.1.2 If the Consultant or the City fail to fulfill 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 4 Agreement for Professional Services
Atlas Planning Solutions

accordance with the terms of this Agreement for any work satisfactorily completed in accordance with this Agreement 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.

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City, which the City may grant or deny in its sole and absolute discretion.

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

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

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by the negligent or intentionally wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (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 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 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 negligent or to have acted with willful misconduct, or as determined by mutual agreement and a settlement between Consultant and the Indemnified Parties. Consultant will not be entitled in the absence of such a determination or settlement to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

6.5 INTENTIONALLY DELETED (Section 6.5 remains in full force, as set 5 Agreement for Professional Services
Atlas Planning Solutions

forth above.

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. In the event new laws, ordinances, or codes are enacted during the Term of this Agreement (the “Law Changes”), and such Law Changes force the Consultant to incur additional time or costs to change the work product of this Agreement to comply with such Law Changes, the Parties shall work together to negotiate additional, reasonable compensation for such additional work as is necessary for such additional work.

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

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

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

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

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

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

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

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

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

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

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. 7 Agreement for Professional Services
Atlas Planning Solutions

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 for the provisions of Section 6.5 and except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees and costs in addition to all other relief to which that party or those parties may be entitled.

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

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

CITY: Joe Toney CONSULTANT: Suzanne Murray
Acting City Manager Principal/CEO
City of Malibu Atlas Planning Solutions
23825 Stuart Ranch Road 6578 Barranca Drive
Malibu, CA 90265-4861 Riverside, CA 92506
TEL (310) 456-2489 x 224 TEL (951) 444-9376
FAX (310) 456-2760

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

7.0 WORK PRODUCT

7.1 Work Product. The deliverables and all other work product created or developed by Consultant for City pursuant to this Agreement are the City’s property (the “Work Product”).

Consultant acknowledges that all Work Product created under this Agreement is subject to applicable laws, including the California Public Records Act, and may be disclosed by the City as required by law, court order, or other lawful requirement or order.

The City shall bear sole risk and liability for modifications to the Work Product only when such modifications are either 1) made by the City without prior authorization from Consultant or 2) 8 Agreement for Professional Services
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explicitly directed by the City in writing to a third party without prior authorization from Consultant. Consultant shall not be liable for any claims, losses, damages, or costs arising from modifications made under the specific circumstances set forth in this paragraph.

8.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 8.1 or 8.2)

8.1 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

8.2 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
[Signature Page to Follow]
This Agreement is executed on February 10, 2025, at Malibu, California, and effective as of 9 Agreement for Professional Services
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February 10, 2025.

CONSULTANT:

By: Suzanne Murray
Title: Principal/CEO
CITY OF MALIBU:

DOUG STEWART, Mayor ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:

TREVOR RUSIN, Interim City Attorney
10 Agreement for Professional Services
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EXHIBIT A

SCOPE OF WORK
11 Agreement for Professional Services
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12 Agreement for Professional Services
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13 Agreement for Professional Services
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14 Agreement for Professional Services
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15 Agreement for Professional Services
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16 Agreement for Professional Services
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17 Agreement for Professional Services
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18 Agreement for Professional Services
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19 Agreement for Professional Services
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20 Agreement for Professional Services
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EXHIBIT B

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

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

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

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

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

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

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies. 21 Agreement for Professional Services
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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. 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 22 Agreement for Professional Services
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recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such 23 Agreement for Professional Services
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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. 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.
24 City of Malibu
Memorandum

Agenda Item # 1.B.8.

To: Mayor Stewart and the Honorable Members of the City Council From: Ruth F. Quinto, CPA, City Treasurer
Subject: Investment Report for the Month Ending January 31, 2025 RECOMMENDED ACTION: Receive the Investment Report for the month ending January 31, 2025.

The portfolio is in compliance with the City’s Investment Policy. The City has sufficient liquidity to meet expenditure requirements for at least six months. This monthly Investment Report is in conformance with Government Code 53636, stating the Treasurer may render a quarterly report to the legislative body within 45 days following the end of the quarter covered by the report.

The City’s portfolio is invested in the following categories:

Cash and Cash Equivalents 23.77%
U.S. Treasury 69.33%
U.S. Agencies 0.00%
Certificates of Deposit 6.91%
Investments month to month:

Investment
Issuer/Instrument Type
December 31, 2024 January 31, 2025
Amount
(in millions) Yield(A) %
Amount
(in millions) Yield(A) %
Operating Cash Cash $16.10 3.83% 15.53% $18.39 3.83% 17.33% LAIF Cash $2.24 4.40% 2.16% $2.27 4.34% 2.13%
CDs Investment $7.36 4.21% 7.10% $7.33 4.21% 6.91%
Treasury Bills Investment $0.00 0.00% 0.00% $0.00 0.00% 0.00% Treasury Notes Investment $64.13 4.19% 61.85% $64.25 4.19% 60.52% Treasury STRIPS Investment $9.31 4.02% 8.98% $9.35 4.02% 8.80% Money Market Cash $4.54 4.54% 4.38% $4.57 4.53% 4.31%
Total/Blended Yield $103.68 4.14% $106.17 4.13%
Total Duration(Years) 1.17 1.07
(A)Yield is based on Purchase Yield for Treasury Bills
2-Year U.S. Treasury Note Benchmark, as of January 31, 2025: 4.22%.

The fair market value of all investments held by the City is $106,168,453 as of January 31, 2025.

ATTACHMENTS:

1. City of Malibu Investment Statement

2. City of Malibu Portfolio Analysis Statement
City Council Meeting
02-24-25
Item

1.B.8.
1 SNAPSHOT
Current period ending January 31, 2025
ACCOUNT NAME: CITY OF MALIBU

RUTH QUINTO
ACCOUNT NUMBER:

Your Financial Advisor:

WILLIAM GOMBERG 701 S PARKER STREET
Phone: 714-497-1366 SUITE 2500
ORANGE, CA 92868
If you have more than one account with us, why not link them and receive summary information for your entire household? Contact Your Financial Advisor for more details.

CITY OF MALIBU Message from Our Firm

RUTH QUINTO THE NEW YEAR IS AN IDEAL TIME TO REVIEW YOUR INVESTMENT PLAN TO BE SURE IT'S 23825 STUART RANCH ROAD POSITIONED TO HELP YOU MEET YOUR GOALS. IT'S ALSO A TIME TO VERIFY OR UPDATE YOUR CONTACT INFORMATION ONLINE. NOT ENROLLED ONLINE? ENROLL AT MALIBU CA 90265-4861 WFA.COM/ENROLL TO VIEW ACCOUNTS, ACCESS RESEARCH AND MORE.

News

SHOULD YOU NEED ADDITIONAL DETAILS ABOUT A SPECIFIC TRANSACTION REFLECTED ON

YOUR STATEMENT, THE INFORMATION IS AVAILABLE ONLINE OR BY CONTACTING THE CLIENT SERVICE NUMBER ON YOUR STATEMENT.

Investment and Insurance Products are: Investment products and services are offered through Wells Fargo Advisors Financial Network, LLC (WFAFN), a registered broker-dealer and non-bank affiliate of Wells Fargo • Not Insured by the FDIC or Any Federal Government Agency & Company. WFAFN uses the trade name Wells Fargo Advisors. Any other referenced • Not a Deposit or Other Obligation of, or Guaranteed by, the Bank or Any Bank entity is a separate entity from WFAFN. Account(s) carried by Wells Fargo Clearing Affiliate Services, LLC, Member SIPC.
• Subject to Investment Risks, Including Possible Loss of the Principal Amount Invested

SNAPSHOT
RSNIP-03012025-5924926.1.1 072 ANCA ANC9
ATTACHMENT 1
2 General About your rights and responsibilities instructions and disclosures Questions and complaints about Your Account: This account statement contains important information About this statement about your brokerage account, including recent transactions. All account statements sent to you shall be deemed Clearing services: Wells Fargo Clearing Services, LLC (WFCS), an indirect wholly owned subsidiary of Wells complete and accurate if not objected to in writing within ten days of receipt. We encourage you to review the details Fargo & Company, is a clearing broker-dealer registered with the Securities and Exchange Commission (SEC) and in this statement. If you do not understand any of the information in your statement or if you believe there are any the Municipal Securities Rulemaking Board (MSRB) and is a member of the New York Stock Exchange (NYSE), the inaccuracies or discrepancies in your statement, you should promptly report them to both WFCS and to the manager Financial Industry Regulatory Authority (FINRA) and all principal U.S. exchanges. WFCS carries your account(s) and of the Wells Fargo Advisors Financial Network office listed on the front of your statement. To further protect your acts as your custodian for funds and securities deposited with us directly by you, through our affiliated broker-dealer, rights, including any rights under the Securities Investor Protection Act, any verbal communications with either your Wells Fargo Advisors Financial Network, LLC (Wells Fargo Advisors) or as a result of transactions WFCS processes Wells Fargo Advisors Financial Network office or with WFCS should be re-confirmed in writing. Inquiries or for your account. Twice a year, WFCS publishes on its web site www.wfclearing.com a statement of the firm's complaints about your account statement, including the positions and balances in your account, may be directed to financial condition. A financial statement of this organization is available for your personal inspection at its offices, or Wells Fargo Advisors Client Services at (866) 258-4606 or ATTN: H0005-087, 1 N. Jefferson Ave, St. Louis, MO a copy of it will be mailed upon your written request. Unless and until we receive written notice from you to the 63103. contrary, WFCS may, without inquiry or inves igation, accept from Wells Fargo Advisors (i) orders for the purchase or Public disclosure: You may reach FINRA by calling the FINRA BrokerCheck Hotline at (800) 289-9999 or by visiting sale of securities for your account on margin or otherwise, and (ii) any other instructions concerning your account. the FINRA website at www.finra.org. An investor brochure that includes information describing FINRA BrokerCheck Trade date statement and trade details: All activity and positions on this statement are shown as of the date a is available from FINRA upon request. A brochure describing the FINRA Pricing of Securities Regula ion Public trade is entered on the brokerage trading system (i.e., the trade date). Proceeds from the sale of securities and costs Disclosure Program is also available from the FINRA upon request. for the purchase of securities are not transacted through your account until the actual settlement date of the trade. MSRB disclosure: A brochure describing the protections available under MSRB rules and how to file a complaint is The time of the transactions, the name of the buyer or seller, and the source and amount of any commission or fee available at www.MSRB.org. will be furnished upon written request.

Account protection: WFCS is a member of the Securities Investor Protection Corporation (SIPC) which protects Pricing of securities: Securities prices on your statement may vary from actual liquidation value. Prices are against the loss of cash and securities held in client accounts of a SIPC member firm in the event of the member's provided by outside quotation services which we believe are reliable but due to the nature of market data the accuracy insolvency and liquidation. SIPC coverage is limited to $500,000 per customer, including up to $250,000 for cash. For cannot be guaranteed. In the absence of such pricing, prices are estimated by WFCS using available information and more information on SIPC coverage, please see the explanatory brochure at www.sipc.org or contact SIPC at (202) its judgment. Such estimates may not reflect actual trades and do not reflect a commitment by the firm to buy or sell 371-8300. In addition, WFCS maintains additional insurance coverage provided through London Underwriters (led by at those prices. Securities listed on a national exchange are priced as of the close of the statement period. Unlisted Lloyd's of London Syndicates). This additional insurance policy becomes available to clients if their SIPC limit is shares may be valued at the current best published "bid-price", and, if none exists, the last reported transaction if exhausted and provides additional protection up to a firm aggregate of $1 billion, including up to $1.9 million for cash occurring within the last 45 days. Prices of securities not actively traded may not be available and are indicated by per client. SIPC does not insure the quality of investments or protect against market losses. SIPC only protects the "N/A." Corporate and municipal bonds and other fixed income securities are priced by a computerized pricing service custody function of their members, which means that SIPC works to restore to clients their securities and cash that or, if less actively traded, by utilizing a yield-based matrix system to arrive at an estimated market value. Listed are in their accounts when the member firm liquidation begins. Not all investments are protected by SIPC. In general, options are priced based on the closing "bid-ask" prices and the last reported trade. Mutual fund shares are priced at SIPC does not cover instruments such as unregistered investment contracts, unregistered limited partnerships, fixed net asset value. Shares of direct participation program (DPP) and real estate investment trust (REIT) securities that annuity contracts, escrow receipts, direct investments, currency, commodities or related contracts, hedge funds and are not listed on a national exchange are generally illiquid. Because no trading market exists for these investments, certain other investments. their values are estimated. Unless otherwise indicated, the values shown for DPP and REIT securities have been provided by the management of each program and represent that management's estimate of the investor's interest in Free credit balances: Free credit balances are not segregated and may be used by WFCS in the operation of its the net assets of the program. See statement sections for additional pricing information. Values for hedge funds and business in accordance with applicable laws and regulations. You have the right to receive from us in the course of certain managed futures funds are provided on a month delay basis. Other managed futures funds may be priced normal business operations, subject to any open commitments in any of your accounts, any free credit balances to more frequently. Long-term certificates of deposit (maturity beyond one year from date of issue) are priced using a which you are entitled. market value pricing model. The sale or redemption price of your securities may be higher or lower than the prices Investment objectives/Risk tolerances: Please inform us promptly of any material change that might affect shown on your statement. For an actual quote, contact the individual servicing your account. your investment objectives, risk tolerances or financial situation, or if you wish to impose or change any reasonable Estimated annual income/yield: Estimated Annual Income (EAI), when available, reflects the estimated amount restrictions on the management of your account. A copy of the Investment Advisory Services Disclosure document is you would earn on a security if your current position and its related income remained constant for a year. Estimated available without charge upon request. Please contact the individual denoted on the front of your statement to update Annual Yield (EAY), when available, reflects the current estimated annual income divided by the current value of the your information and to receive a copy of this document. security as of the statement closing date. EAI and EAY are estimates and the actual income and yield might be lower Option accounts: Pursuant to FINRA Rule 2360, option assignment notices are randomly allocated by an or higher than the estimated amounts. EAY reflects only the income generated by an investment. It does not reflect automated process amongst all client short option positions that are subject to exercise, including posi ions changes in its price, which may fluctuate. The information used to derive these estimates is obtained from various established on the day of assignment. Transaction confirmations that were previously furnished to you provides outside vendors; WFCS and Wells Fargo Advisors Financial Network, LLC are not responsible for incorrect or information on commissions and other charges related to your option transaction executions. Details of our random missing estimated annual income and yields. Past performance is not a guarantee of future results. allocation procedures and copies of transaction confirmations are available upon request.

Income summary: The Income summary displays all income as recorded in the tax system as of period end date.

The totals in the Cash flow snapshot may not match the totals in the Income snapshot due to reclassifications or other corrections made in the tax system. Remember, you may have certain products that are not included in these figures and whose income is only available on the tax forms sent to you at year-end. Reclassifications and other tax reporting requirements may alter these numbers both during and after year end. You should rely only on tax reporting documents. Contact your tax advisor if you have any questions about the tax consequences of your brokerage activity.

Texas designation: If you are a resident of Texas who has purchased mutual fund shares, you may designate a representative to receive notification to assist in avoiding escheatment of assets in your investment account to the State of Texas. The designated representative does not have any rights to your account. Please use the Texas Unclaimed Property link (https://claimittexas.org/) to access the Designation of Representative for Notice Request form which you may complete and return to us at ATTN: H0006-08K, 1 N. Jefferson Ave, St. Louis, MO 63103 or return by email at [email protected].

Tax reporting: We are required by federal law to report annually to you and to the Internal Revenue Service (IRS) on Form(s) 1099 interest income, dividend payments and sales proceeds including cost basis information for applicable transactions credited to your account.
3 4
SNAPSHOT Page 2 of 20

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Cash flow summary THIS PERIOD THIS YEAR
Opening value of cash and sweep balances $0.85
Income and distributions 31,925.54 31,925.54
Net additions to cash $31,925.54 $31,925.54
Securities purchased -5,014.39 -5,014.39
Net subtractions from cash -$5,014.39 -$5,014.39
Closing value of cash and sweep balances $26,912.00
Income summary * THIS PERIOD THIS YEAR
TAXABLE Money market/sweep funds 62.85 62.85
Interest 26,848.30 26,848.30
Total taxable income $26,911.15 $26,911.15
Total federally tax-exempt income $0.00 $0.00
Total income $26,911.15 $26,911.15
* Certain distributions made in the current year are reported as prior year income according to IRS regulations. This may cause a difference between Cash Flow and Income Summary totals.

Gain/loss summary UNREALIZED THIS PERIOD REALIZED THIS YEAR REALIZED Short term (S) 170,625.76 0.00 0.00
Long term (L) 1,033,151.61 0.00 0.00
Total $1,203,777.37 $0.00 $0.00
SNAPSHOT 5 072 ANCA ANC9
SNAPSHOT Page 3 of 20

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Your Financial Advisor Client service information
WILLIAM GOMBERG 701 S PARKER STREET Client service: 800-266-6263 Phone: 714-497-1366 SUITE 2500 Website: www.wellsfargoadvisors.com ORANGE, CA 92868
Account profile
Full account name: CITY OF MALIBU

RUTH QUINTO
Account type: Brokerage Cash Services For your consideration Brokerage account number: Go paperless. Accessing your account documents online is easy, secure, and Brokerage Cash Services number: costs nothing. Sign on at wellsfargoadvisors.com, go to Portfolio and select Tax status: Non-Profit Statements & Docs, and then click on the Delivery Preferences link. Choose Investment objective/Risk tolerance:* CONSERVATIVE INCOME Paperless - All Docs or view your Delivery Settings details to select specific Time horizon:* INTERMEDIATE (3-5 YEARS) account documents for paperless delivery. If you do not have a Username and Liquidity needs:* MODERATE Password, visit wellsfargoadvisors.com/signup or call 1-877-879-2495 for Cost Basis Election: First in, First out enrollment assistance.

Sweep option: ALLSPRING GOVERNMENT MONEY
MARKET Document delivery status
*For more information, please visit us at: www.wellsfargoadvisors.com/disclosures Paper Electronic Statements: X Available funds Trade confirmations: X
Cash 0.00 Tax documents: X
Money market and sweep funds 26,912.00 Shareholder communications: X Available for loan 0.00 Other documents: X
Your total available funds $26,912.00
SNAPSHOT 6 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Bond maturity schedule % OF
MATURING IN: AMOUNT MATURING CURRENT VALUE MATURING VALUE under 1 year 37,830,000.00 37,702,736.75 45.55
60,000,00 1 to 5 years 45,220,000.00 43,230,916.67 54.45 6 to 10 years 0.00 0.00 0.00
40,000,00 11 to 15 years 0.00 0.00 0.00
16 to 20 years 0.00 0.00 0.00
21 to 30 years 0.00 0.00 0.00
20,000,00 over 30 years 0.00 0.00 0.00
Total $83,050,000.00 $80,933,653.42 100.00%
0 under 1 1 - 5 6 - 10 11 - 15 16 - 20 21 - 30 Over 30
Years
Portfolio detail
Cash and Sweep Balances
Sweep Balances - You have the right, in the course of normal business operations, to withdraw balances in the Bank Deposit Sweep Program(s) or redeem shares of the money market mutual fund used in the sweep, subject to any open commitments in any of your accounts and have the proceeds returned to your accounts or remitted to you. The money market mutual funds in the sweep reserve the right to require one or more day's prior notice before permitting withdrawals.

Money Market Mutual Fund - Funds seek to preserve a value at $1.00 per share, but it is possible to lose money by investing in these funds. Investments in money market funds are not bank deposits and are not insured by the FDIC or any other government agency. They are instead covered by SIPC. Estimated Annual Yield on money market funds, when available, reflects the current estimated yield for the Interest Period dates displayed. For more complete information, including fees, expenses and risks, please request a prospectus from Your Financial Advisor.
% OF CURRENT EST MATED ESTIMATED CURRENT
DESCRIPTION ACCOUNT MARKET VALUE ANNUAL INCOME YIELD (%) ALLSPRING 0.03 26,912.00 1,066.00 3.96

GOVERNMENT MONEY MARKET
Interest Period 01/01/25 - 01/31/25
Total Cash and Sweep Balances 0.03 $26,912.00 $1,066.00 072 ANCA ANC9
Amount Maturing
7

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Corporate and municipal bonds and other fixed income securities are priced by a computerized pricing service or, for less actively traded issues, by utilizing a yield-based matrix system to arrive at an estimated market value.

Government Bonds

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) US TREASURY ^
NOTES
CPN 1.500% DUE 02/15/25
DTD 02/15/22 FC 08/15/22
Moody AAA
CUSIP 91282CDZ1
Acquired 08/09/23 L 6.09 5,215,000 95.21 4,965,249.23 99.9060 5,210,097.90 244,848.67 36,136.55 78,225 1.50 US TREASURY ^
NOTES
CPN 1.750% DUE 03/15/25
DTD 03/15/22 FC 09/15/22
Moody AAA
CUSIP 91282CED9
Acquired 03/15/23 L 4,000,000 96.35 3,854,194.52 3,989,320.00 135,125.48 Acquired 08/10/23 L 5,330,000 95.31 5,080,154.94 5,315,768.90 235,613.96 Total 10.88 9,330,000 $95.75 $8,934,349.46 99.7330 $9,305,088.90 $370,739.44 $62,694.00 $163,275 1.75

US TREASURY
NOTES
CPN 3.125% DUE 08/15/25
DTD 08/15/22 FC 02/15/23
Moody AAA
CUSIP 91282CFE6
Acquired 11/30/23 L 1.70 1,465,000 97.59 1,429,755.44 99.3910 1,456,078.15 26,322.71 21,148.95 45,781 3.14

US TREASURY
NOTES
CPN 3.500% DUE 09/15/25
DTD 09/15/22 FC 03/15/23
Moody AAA
CUSIP 91282CFK2
Acquired 03/15/23 L 4,000,000 99.85 3,994,132.00 3,980,360.00 -13,772.00 Acquired 08/09/23 L 15,120,000 97.78 14,785,075.41 15,045,760.80 260,685.39 Total 22.25 19,120,000 $18,779,207.4 99.5090 $19,026,120.80 $246,913.39 $256,958.01 $669,200 3.52 $98.21 1
8 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Government Bonds continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) US TREAS STRIPS 02/26

INTEREST PMT
DUE 02/15/26
DTD 02/15/96
Moody NR , S&P NR
CUSIP 912833LY4
Acquired 01/24/24 L 276,000 95.76 264,305.20 264,366.60 61.40

91.79 253,355.50
Acquired 10/08/24 S 5,275,000 95.95 5,061,384.24 5,052,658.75 -8,725.49

94.77 4,999,423.80
Total 6.22 5,551,000 $95.94 $5,325,689.44 95.7850 $5,317,025.35 -$8,664.09 N/A N/A N/A $94.62 $5,252,779.30

US TREASURY
NOTES
CPN 2.250% DUE 03/31/26
DTD 03/31/19 FC 09/30/19
Moody AAA
CUSIP 9128286L9
Acquired 03/15/23 L 4.57 4,000,000 96.38 3,855,382.00 97.7850 3,911,400.00 56,018.00 30,659.34 90,000 2.30

US TREASURY
NOTES
CPN 3.750% DUE 04/15/26
DTD 04/15/23 FC 10/15/23
Moody AAA
CUSIP 91282CGV7
Acquired 04/02/24 S 2.33 2,000,000 98.53 1,970,772.62 99.4370 1,988,740.00 17,967.38 22,458.79 75,000 3.77

UNITED STATES TREAS SEC

INT PMT BD
DUE 05/15/26
DTD 11/15/96
Moody NR , S&P NR
CUSIP 912833LZ1
Acquired 10/22/24 S 4.71 4,255,000 95.02 4,043,231.32 94.7170 4,030,208.35 -13,022.97 N/A N/A N/A

93.98 3,999,109.60
9 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Government Bonds continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

US TREASURY
NOTES
CPN 0.750% DUE 08/31/26
DTD 08/31/21 FC 02/28/22
Moody AAA
CUSIP 91282CCW9
Acquired 03/15/23 L 4.43 4,000,000 91.07 3,643,007.00 94.7730 3,790,920.00 147,913.00 12,762.43 30,000 0.79

US TREASURY
NOTES
CPN 2.500% DUE 03/31/27
DTD 03/31/22 FC 09/30/22
Moody AAA
CUSIP 91282CEF4
Acquired 03/15/23 L 4.52 4,000,000 96.45 3,858,132.00 96.5270 3,861,080.00 2,948.00 34,065.94 100,000 2.58

US TREASURY
NOTES
CPN 2.625% DUE 05/31/27
DTD 05/31/22 FC 11/30/22
Moody AAA
CUSIP 91282CET4
Acquired 03/21/24 S 2.53 2,245,000 95.32 2,139,978.18 96.5000 2,166,425.00 26,446.82 10,199.64 58,931 2.72

US TREASURY
NOTES
CPN 3.125% DUE 08/31/27
DTD 08/31/22 FC 02/28/23
Moody AAA
CUSIP 91282CFH9
Acquired 03/15/23 L 2.16 1,894,000 98.59 1,867,461.42 97.3280 1,843,392.32 -24,069.10 25,179.21 59,188 3.21

US TREASURY
NOTES
CPN 1.250% DUE 04/30/28
DTD 04/30/21 FC 10/31/21
Moody AAA
CUSIP 91282CBZ3
Acquired 04/02/24 S 3.18 2,985,000 88.91 2,654,128.14 90.9720 2,715,514.20 61,386.06 9,585.81 37,313 1.37 10 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Government Bonds continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

US TREASURY
NOTES
CPN 1.375% DUE 12/31/28
DTD 12/31/21 FC 06/30/22
Moody AAA
CUSIP 91282CDP3
Acquired 02/15/24 S 5.31 5,075,000 88.22 4,477,363.89 89.5460 4,544,459.50 67,095.61 6,168.51 69,781 1.53

US TREASURY
NOTES
CPN 2.875% DUE 04/30/29
DTD 04/30/22 FC 10/31/22
Moody AAA
CUSIP 91282CEM9
Acquired 04/30/24 S 1.73 1,565,000 92.50 1,447,763.07 94.4490 1,478,126.85 30,363.78 11,559.17 44,994 3.04

US TREASURY
NOTES
CPN 4.000% DUE 10/31/29
DTD 10/31/22 FC 04/30/23
Moody AAA
CUSIP 91282CFT3
Acquired 11/07/24 S 3.46 3,000,000 99.61 2,988,405.43 98.5500 2,956,500.00 -31,905.43 30,828.73 120,000 4.05 Total Government Bonds 86.08 75,700,000 $72,379,876.0 $73,601,177.32$1,221,301.27 $570,405.08 $1,641,688 2.23 5 $72,262,844.1
9 ^ Denotes bonds with a maturity date in the next 60 days. Please contact us for further investment opportunities or any assistance. 11 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit
Long-term certificates of deposit (maturity beyond one year from date of issue) are priced using a market value pricing model.

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) AMERICAN EXPR NATL BK CD ^
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 2.050% DUE 03/24/25
DTD 03/23/22 FC 09/23/22
CUSIP 02589ABV3
Acquired 03/17/22 L 0.23 200,000 100.00 200,000.00 99.6730 199,346.00 -654.00 1,471.50 4,100 2.05 ALLY BANK CD ^
BENSALEM PA ACT/365

FDIC INSD
CPN 5.250% DUE 03/24/25
DTD 03/23/23 FC 09/23/23
CUSIP 02007GM34
Acquired 03/14/23 L 0.29 250,000 100.00 250,000.00 100.1260 250,315.00 315.00 4,710.62 13,125 5.24

WELLS FARGO BANK NA CD
SIOUX FALLS SD ACT/365

FDIC INSD
CPN 4.900% DUE 05/23/25
DTD 05/23/23 FC 06/23/23
CUSIP 949764CT9
Acquired 05/18/23 L 0.29 250,000 100.00 250,000.00 100.1670 250,417.50 417.50 302.05 12,250 4.89

BMO HARRIS BANK NA CD
CHICAGO IL ACT/365

FDIC INSD
CPN 4.850% DUE 05/27/25
DTD 05/24/23 FC 11/24/23
CUSIP 05600XQK9
Acquired 05/18/23 L 0.29 250,000 100.00 250,000.00 100.1620 250,405.00 405.00 2,292.12 12,125 4.84

AMERICAN COML BK & TR CD
OTTAWA IL ACT/365

FDIC INSD
CPN 5.000% DUE 06/06/25
DTD 12/06/23 FC 01/06/24
CUSIP 02519ACB1
Acquired 11/29/23 L 0.29 250,000 100.00 250,000.00 100.2250 250,562.50 562.50 890.41 12,500 4.98 12 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

BANK OF HOPE CD
LOS ANGELES CA ACT/365

FDIC INSD
CPN 4.400% DUE 07/14/25
DTD 01/12/24 FC 07/12/24
CUSIP 062683JQ1
Acquired 01/04/24 L 0.29 250,000 100.00 250,000.00 100.0470 250,117.50 117.50 602.74 11,000 4.39

FLAGSTAR BANK NA CD
TROY MI ACT/365

FDIC INSD
CPN 4.600% DUE 08/11/25
DTD 01/10/24 FC 07/10/24
CUSIP 33847GBY7
Acquired 01/04/24 L 0.29 250,000 100.00 250,000.00 100.1660 250,415.00 415.00 5,513.70 11,500 4.59

GOLDMAN SACHS BK USA CD
NEW YORK NY ACT/365

FDIC INSD
CPN 4.400% DUE 08/13/25
DTD 08/13/24 FC 08/13/25
CUSIP 38150VWM7
Acquired 08/05/24 S nc 0.29 250,000 100.00 250,000.00 100.0200 250,050.00 50.00 5,183.57 11,000 4.39

BMW BK N AMERICA CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 5.100% DUE 09/17/25
DTD 03/17/23 FC 09/17/23
CUSIP 05580AX58
Acquired 03/14/23 L 0.29 250,000 100.00 250,000.00 100.4970 251,242.50 1,242.50 4,785.62 12,750 5.07

STATE BANK OF INDIA CD
NEW YORK NY ACT/365

FDIC INSD
CPN 4.950% DUE 12/02/25
DTD 12/02/22 FC 06/02/23
CUSIP 856285V81
Acquired 11/28/22 L 0.29 250,000 100.00 250,000.00 100.5490 251,372.50 1,372.50 2,068.15 12,375 4.92 13 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

SALLIE MAE BANK/SALT CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 4.750% DUE 12/15/25
DTD 12/13/23 FC 06/13/24
CUSIP 795451DG5
Acquired 12/07/23 L 0.29 250,000 100.00 250,000.00 100.4430 251,107.50 1,107.50 1,626.71 11,875 4.72

BANK OF AMERICA NA CD
CHARLOTTE NC ACT/365

FDIC INSD
CPN 4.950% DUE 01/05/26
DTD 07/03/24 FC 01/03/25
CUSIP 06051XFE7
Acquired 06/26/24 S 0.29 250,000 100.00 250,000.00 100.6760 251,690.00 1,690.00 983.22 12,375 4.91

ISRAEL DISCOUNT BK OF CD
NEW YORK NY ACT/365

FDIC INSD
CPN 4.450% DUE 02/09/26
DTD 08/07/24 FC 02/07/25
CUSIP 465076UQ8
Acquired 08/05/24 S 0.29 250,000 100.00 250,000.00 100.2000 250,500.00 500.00 5,425.34 11,125 4.44

DOLLAR BANK FSB PA CD
PITTSBURGH PA ACT/365

FDIC INSD
CPN 4.000% DUE 02/27/26
DTD 08/28/24 FC 02/28/25
CUSIP 25665QDE2
Acquired 08/20/24 S 0.29 250,000 100.00 250,000.00 99.7490 249,372.50 -627.50 4,301.37 10,000 4.01

COMENITY BANK CD
WILMINGTON DE ACT/365

JUMBO CD FDIC INSURED
CPN 2.000% DUE 03/18/26
DTD 03/18/22 FC 04/18/22
CUSIP 99000QQW7
Acquired 03/15/22 L 0.23 200,000 100.00 200,000.00 97.2338 194,467.60 -5,532.40 153.43 4,000 2.05 14 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

SYNCHRONY BANK CD
DRAPER UT ACT/365

FDIC INSD
CPN 5.000% DUE 03/24/26
DTD 03/24/23 FC 09/24/23
CUSIP 87165HX21
Acquired 03/14/23 L 0.29 250,000 100.00 250,000.00 100.8070 252,017.50 2,017.50 4,452.06 12,500 4.95

BARCLAYS BANK/DELAWAR CD
WILMINGTON DE ACT/365

FDIC INSD
CPN 4.000% DUE 08/28/26
DTD 08/28/24 FC 02/28/25
CUSIP 06740KSW8
Acquired 08/20/24 S 0.29 250,000 100.00 250,000.00 99.5350 248,837.50 -1,162.50 4,301.37 10,000 4.01

TEXAS EXCHANGE BK SSB CD
CROWLEY TX ACT/365

CALLABLE FDIC INSD
CPN 1.100% DUE 10/29/26
DTD 10/29/21 FC 11/29/21
CALL 02/28/25 @ 100.000
CUSIP 88241TMC1
Acquired 10/22/21 L 0.28 250,000 100.00 250,000.00 94.6540 236,635.00 -13,365.00 22.60 2,750 1.16

DISCOVER BANK CD
GREENWOOD DE ACT/365

FDIC INSD
CPN 4.950% DUE 11/16/26
DTD 11/15/22 FC 05/15/23
CUSIP 254673Z66
Acquired 11/09/22 L 0.24 200,000 100.00 200,000.00 101.1600 202,320.00 2,320.00 2,115.61 9,900 4.89

UBS BANK USA CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 1.150% DUE 12/08/26
DTD 12/08/21 FC 01/08/22
CUSIP 90348JX96
Acquired 11/30/21 L 0.28 250,000 100.00 250,000.00 94.4020 236,005.00 -13,995.00 189.04 2,875 1.21 15 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

CALPRIVATE BANK CD
LA JOLLA CA ACT/365

FDIC INSD
CPN 4.050% DUE 02/16/27
DTD 08/14/24 FC 02/14/25
CUSIP 13135NCY4
Acquired 08/05/24 S 0.29 250,000 100.00 250,000.00 99.5160 248,790.00 -1,210.00 4,743.49 10,125 4.06

VALLEY NATL BK WAYNE CD
WAYNE NJ ACT/365

FDIC INSD
CPN 4.600% DUE 03/11/27
DTD 03/11/24 FC 09/11/24
CUSIP 919853KW0
Acquired 03/05/24 S 0.29 250,000 100.00 250,000.00 100.5960 251,490.00 1,490.00 4,505.48 11,500 4.57

BRADESCO BANK CD
CORAL GABLES FL ACT/365

FDIC INSD
CPN 4.500% DUE 03/22/27
DTD 03/21/24 FC 09/21/24
CUSIP 10421AAT4
Acquired 03/05/24 S 0.29 250,000 100.00 250,000.00 100.4180 251,045.00 1,045.00 4,099.31 11,250 4.48

BNY MELLON NA CD
NEW YORK NY ACT/365

FDIC INSD
CPN 4.600% DUE 06/01/27
DTD 05/29/24 FC 11/29/24
CUSIP 05584CP59
Acquired 05/23/24 S 0.29 250,000 100.00 250,000.00 100.7040 251,760.00 1,760.00 1,071.24 11,500 4.56

EAGLEMARK SVGS BK CD
CARSON CTY NV ACT/365

FDIC INSD
CPN 4.700% DUE 07/02/27
DTD 07/03/24 FC 01/03/25
CUSIP 27004PFE8
Acquired 06/26/24 S 0.30 250,000 100.00 250,000.00 100.9730 252,432.50 2,432.50 933.56 11,750 4.65 16 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

CELTIC BANK CD
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 2.000% DUE 12/27/27
DTD 12/27/19 FC 01/27/20
CUSIP 15118RTH0
Acquired 12/09/19 L 0.27 250,000 100.00 250,000.00 93.8840 234,710.00 -15,290.00 68.50 5,000 2.13

BEAL BANK USA CD
LAS VEGAS NV ACT/365

FDIC INSD
CPN 4.700% DUE 05/30/29
DTD 06/05/24 FC 12/05/24
CUSIP 07371DR66
Acquired 05/23/24 S 0.30 250,000 100.00 250,000.00 101.7530 254,382.50 4,382.50 2,832.88 11,750 4.61

BEAL BANK - PLANO TX CD
PLANO TX ACT/365

FDIC INSD
CPN 4.700% DUE 05/30/29
DTD 06/05/24 FC 12/05/24
CUSIP 07371BVU2
Acquired 05/23/24 S 0.30 250,000 100.00 250,000.00 101.7530 254,382.50 4,382.50 2,832.88 11,750 4.61

MORGAN STANLEY PVT BK CD
PURCHASE NY ACT/365

FDIC INSD
CPN 4.650% DUE 05/30/29
DTD 05/30/24 FC 11/30/24
CUSIP 61768E4J9
Acquired 05/23/24 S 0.30 250,000 100.00 250,000.00 101.5480 253,870.00 3,870.00 2,006.51 11,625 4.57 17 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Fixed Income Securities
Certificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%)

TOYOTA FINL SGS BK CD
HENDERSON NV ACT/365

FDIC INSD
CPN 4.500% DUE 06/28/29
DTD 06/28/24 FC 12/28/24
CUSIP 89235MPR6
Acquired 06/26/24 S 0.30 250,000 100.00 250,000.00 100.9670 252,417.50 2,417.50 1,078.77 11,250 4.45 Total Certificates of Deposit 8.58 7,350,000 $7,350,000.00 $7,332,476.10 -$17,523.90 $75,563.85 $307,625 4.20 Total Fixed Income Securities 94.65 $79,729,876.0 $80,933,653.42$1,203,777.37 $645,968.93 $1,949,313 2.41 5 $79,612,844.1
9 ^ Denotes Certificate of Deposit with a maturity date in the next 60 days. Please contact us for further investment opportunities or any assistance. nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.

Mutual Funds
If a portion of your fund position was converted, the 'Client Investment' value may include reinvestments from previously held positions.

Open End Mutual Funds
Open End Mutual Fund shares are priced at net asset value. Estimated Annual Income and Yield refer to Dividends and Interest Income only, and typically do not reflect Total return.

Although retail and government money market funds seek to preserve a net asset value (NAV) of $1.00 per share, in a negative interest rate environment, the fund's net asset value (NAV) may float to the nearest 1/100th of a cent (i.e., $0.9999). When the NAV is floating, the value of your investment will fluctuate and lose value.

EST MATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INCOME YIELD (%)

FIDELITY FUNDS

FIDELITY TREASURY ONLY

PORT INSTL CLASS SHS
FRSXX
On Reinvestment
Acquired 11/26/24 S nc 88,049.82000 1.00 88,049.82 88,049.82 0.00 Acquired 12/13/24 S nc 6,005.48000 1.00 6,005.48 6,005.48 0.00 Acquired 12/31/24 S nc 4,423,667.46000 1.00 4,423,667.46 4,423,667.46 0.00 Reinvestments S nc 29,368.88000 1.00 29,368.88 29,368.88 0.00 18 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Mutual Funds
Open End Mutual Funds continued

EST MATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INCOME YIELD (%) Total 5.32 4,547,091.64000 $1.00 $4,547,091.64 1.0000 $4,547,091.64 $0.00 $205,983 4.53 Client Investment (Excluding Reinvestments) $4,517,722.76 Gain/Loss on Client Investment (Including Reinvestments) $29,368.88 Total Open End Mutual Funds 5.32 $4,547,091.64 $4,547,091.64 $0.00 $205,983 4.53 Total Mutual Funds 5.32 $4,547,091.64 $4,547,091.64 $0.00 $205,983 4.53 nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.

Activity detail
Income and distributions

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 01/02 Cash DIVIDEND FIDELITY FUNDS 5,014.39

FIDELITY TREASURY ONLY
PORT INSTL CLASS SHS #
123124 4,542,077.25000
AS OF 12/31/24
01/03 Cash INTEREST BANK OF AMERICA NA CD 6,238.36
CHARLOTTE NC ACT/365

FDIC INSD
CPN 4.950% DUE 01/05/26
DTD 07/03/24 FC 01/03/25
010325 250,000
CUSIP 06051XFE7
01/03 Cash INTEREST EAGLEMARK SVGS BK CD 5,923.29
CARSON CTY NV ACT/365

FDIC INSD
CPN 4.700% DUE 07/02/27
DTD 07/03/24 FC 01/03/25
010325 250,000
CUSIP 27004PFE8
19 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Activity detail continued
Income and distributions

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 01/06 Cash INTEREST AMERICAN COML BK & TR CD 1,061.64
OTTAWA IL ACT/365

FDIC INSD
CPN 5.000% DUE 06/06/25
DTD 12/06/23 FC 01/06/24
010625 250,000
CUSIP 02519ACB1
01/08 Cash INTEREST UBS BANK USA CD 244.18
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 1.150% DUE 12/08/26
DTD 12/08/21 FC 01/08/22
010825 250,000
CUSIP 90348JX96
01/10 Cash INTEREST FLAGSTAR BANK NA CD 5,797.26
TROY MI ACT/365

FDIC INSD
CPN 4.600% DUE 08/11/25
DTD 01/10/24 FC 07/10/24
011025 250,000
CUSIP 33847GBY7
01/13 Cash INTEREST BANK OF HOPE CD 5,545.21
LOS ANGELES CA ACT/365

FDIC INSD
CPN 4.400% DUE 07/14/25
DTD 01/12/24 FC 07/12/24
011225 250,000
AS OF 1/12/25
CUSIP 062683JQ1
01/21 Cash INTEREST COMENITY BANK CD 339.73
WILMINGTON DE ACT/365

JUMBO CD FDIC INSURED
CPN 2.000% DUE 03/18/26
DTD 03/18/22 FC 04/18/22
011825 200,000
AS OF 1/18/25
CUSIP 99000QQW7
20 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Activity detail continued
Income and distributions

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 01/23 Cash INTEREST WELLS FARGO BANK NA CD 1,040.41
SIOUX FALLS SD ACT/365

FDIC INSD
CPN 4.900% DUE 05/23/25
DTD 05/23/23 FC 06/23/23
012325 250,000
CUSIP 949764CT9
01/27 Cash INTEREST CELTIC BANK CD 424.66
SALT LAKE CTY UT ACT/365

FDIC INSD
CPN 2.000% DUE 12/27/27
DTD 12/27/19 FC 01/27/20
012725 250,000
CUSIP 15118RTH0
01/29 Cash INTEREST TEXAS EXCHANGE BK SSB CD 233.56
CROWLEY TX ACT/365

CALLABLE FDIC INSD
CPN 1.100% DUE 10/29/26
DTD 10/29/21 FC 11/29/21
012925 250,000
CUSIP 88241TMC1
01/31 Cash DIVIDEND ALLSPRING 62.85

GOVERNMENT MONEY MARKET

SWEEP CLASS
013125 26,849
Prior year Income and distributions: $5014.39
Current year Income and distributions: $26911.15
Total Income and distributions: $31,925.54
# Distr bution made in the current year but reported as prior year income according to IRS regulations. This may cause a difference between Cash flow and Income summary totals.

Securities purchased

DATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 01/02 Cash REINVEST DIV 5,014.39000 FIDELITY FUNDS -5,014.39

FIDELITY TREASURY ONLY

PORT INSTL CLASS SHS
REINVEST AT 1.000
Total Securities purchased: -$5,014.39
21 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Cash sweep activity
Our Cash Sweep program allows you to earn a return on the idle cash balances in your account by automatically investing such balances into one of our cash sweep options. These 'sweep transactions' may represent a net amount for the day and occur on settlement date. The following section displays transfers into and out of your sweep option. Transactions displayed here are Transfer To, Transfer From and Reinvested Dividends and Interest. These transaction amounts are not included in your cash flow summary.

DATE TRANSACTION DESCRIPTION AMOUNT DATE TRANSACTION DESCRIPTION AMOUNT 01/01 BEGINNING BALANCE 7,615.18 01/21 TRANSFER TO ALLSPRING 339.73

GOVERNMENT MONEY MARKET
01/02 TRANSFER FROM ALLSPRING -7,614.33 01/24 TRANSFER TO ALLSPRING 1,040.41

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
01/06 TRANSFER TO ALLSPRING 12,161.65 01/28 TRANSFER TO ALLSPRING 424.66

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
01/07 TRANSFER TO ALLSPRING 1,061.64 01/30 TRANSFER TO ALLSPRING 233.56

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
01/09 TRANSFER TO ALLSPRING 244.18 01/31 REINVEST DIV ALLSPRING 62.85

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
01/13 TRANSFER TO ALLSPRING 5,797.26 01/31 ENDING BALANCE 26,912.00

GOVERNMENT MONEY MARKET
01/14 TRANSFER TO ALLSPRING 5,545.21

GOVERNMENT MONEY MARKET
Bank Deposits Through Teller January 1 - January 31
Wells Fargo Bank, N.A. (Member FDIC) Account number Questions? Call us at 1-800-266-6263 Deposits made in a bank branch on the last business day of the month will typically appear on your next statement. Wells Fargo Clearing Services, LLC is not an FDIC-insured depository institution; FDIC deposit insurance only protects against the failure of an insured depository institution. Banking products and services provided by Wells Fargo Bank, N.A. Member FDIC.

DATE TRANSACTION DESCRIPTION AMOUNT BANK BALANCE
01/01 BEGINNING BALANCE $0.00
22 072 ANCA ANC9

CITY OF MALIBU

RUTH QUINTO
JANUARY 1, 2025 - JANUARY 31, 2025
ACCOUNT NUMBER:

Bank Deposits Through Teller continued

DATE TRANSACTION DESCRIPTION AMOUNT BANK BALANCE
01/31 ENDING BALANCE $0.00
Specific instructions and disclosures
Available funds
"Available for loan" reflects the approximate amount available as of the statement period ending date and should be reduced by any pending checks and Visa charges not yet cleared. This amount is the approximate amount available for withdrawal and loans. A margin loan is a variable rate loan secured by your account.

Income on non-reportable accounts
Your income summary is categorized into taxable and tax-exempt income based upon the securities that you hold. Please be aware that, since this is a 1099 non-reportable account, this income will NOT be reported to the IRS, but is being provided to you for informational purposes only.

Callable Securities
Securities that are subject to a partial call will be selected by an impartial lottery process in which the probability of your securities being selected for redemption is proportional to the holdings of all shareholders of such securities held in street name. If a security is called prior to maturity it may affect the yield you receive. Additional information is available at www.wellsfargoadvisors.com under Legal Disclosures or the written procedures are available upon request.

Cost basis - To add or update information or modify your reporting options, please contact Your Financial Advisor.

This statement presents estimated unrealized or realized gains or losses for your information only. If acquisition or other information is not available, the gain/loss information may not be displayed and section and summary totals may not reflect your complete portfolio. Cost basis information is not verified by WFCS or Wells Fargo Advisors Financial Network and should not be relied upon for legal or tax purposes. Revisions to this information (due to corporate mergers, tenders and other reorganizations) may be required from time to time.

Cost basis for factored bonds (GNMA, CMO, etc.) will be adjusted for paydown of principal. Systematic investments in mutual funds and reinvested dividends for mutual funds and stocks have been consolidated for each position. Unit cost data for systematic investments and dividend reinvestment securities is provided for informational purposes only and is a non-weighted average.

Your account statement should not be used for tax preparation without assistance from your tax consultant. We do not report capital gains or losses for non-covered securities to he IRS.

Cost basis options
Unless specific tax lots are selected at trade time, sales of tax lots will occur using the cost basis election reflected in the Account profile section.

Estimated accrued interest on Fixed Income securities
Estimated accrued interest is included in the Portfolio summary as a convenience to you and represents the estimated portion of he interest that would be received upon the sale of he Fixed Income posi ions in your account, calculated from the date of the last coupon (or dated date) through the date of the account statement, based upon information provided by the issuer. This is not a guarantee that this amount will be realized in your account. Actual income will be based upon the payout schedule of the securities held in your account. If you own a Foreign Fixed Income security, and it is denominated in a foreign currency, the Estimated accrued interest will not be accurate. 23 072 ANCA ANC9
' '
GOMBERG Mc UILKIN

WEALTH MANAGEMENT GROUP
Portfolio Analysis
Prepared for CITY OF MALIBU
February 01, 2025
Prepared by:

WILLIAM GOMBERG
This report is not complete without all sections noted in the Table of Contents. Please read each section carefully.

Investment products and services are offered through Wells Fargo Advisors Financial Network, LLC (WFAFN), a registered broker-dealer and non-bank affiliate of Wells Fargo & Company. WFAFN uses the trade name Wells Fargo Advisors. Any other referenced entity is a separate entity from WFAFN. © 2024 Wells Fargo
PM-06102026-7428556.l.l
24 ATTACHMENT 2
Table of Contents
Fixed Income Summary .......................................................................... 3 Fixed Income Statistics ........................................................................... 6 Redemption Distribution Rolling 12 Months ...................................... 13 Fixed Income Redemption Distribution ............................................... 15 Estimated Income Summary ................................................................ 19 Important lnformation ......................................................................... 21 CITY OF MALI BU I February 01, 2025
25 Fixed Income Summary
As of 01/31/2025 for XXXX7847
Security Sub Type Credit Quality Ratings
Security sub type Market value %Fxd income Credit quality ratings % Fxd income D Government Bond 73,601,177 90.90% □ Treasury 90.90%
■ Corporate Bond 7,332,476 9.10% ■ CDs 9.10%
Total $80,933,653 100% D Agency
□ AAA
□ AA
■ A
□ BBB
D Below inv grade
■ Not rated
□ NIA
Total 100%
Bond Statistics
Statistic Taxable
Weighted avg coupon 2.37%
Yield at purchase 4.17%
Yield to maturity 4.28%
Yield to worst 4.28%
Weighted avg maturity: 1.03 yrs
Total duration: 1.42 yrs
Tax exempt
Estimated Income Annualized
Month
02/2025
03/2025
04/2025
05/2025
06/2025
07/2025
08/2025
09/2025
10/2025
11/2025
12/2025
01/2026
Total
Taxable
Tax exempt
Subject to AMT
Estimated income annualized
130,713
546,603
141,997
55,092
66,614
24,323
100,182
455,040
139,855
47,356
65,674
13,404
$1,786,855
$1,786,855
The asset classification of Corporate Bonds includes holdings of Certificates of Deposit. Funds include open end mutual funds, exchange-traded funds, closed end funds. Estimated Income Annualized CITY OF MALI BU I February 01, 2025
26

(EIA) takes your current income, based on the current dividends or interest paid by your securities and multiplies it to create an annualized hypothetical figure. It does not reflect actual or future performance and should not be relied upon when making financial decisions. All annualizations are based upon current positions using a simple mathematical calculation and assumes all figures remain constant for a year; any subsequent position changes will affect these calculations. Calculations for certain types of securities could include a return of principal or capital gain, in which case the figures would be overstated. Past performance is not a guarantee of future results. Dividend payments are made solely at the discretion of the issuer and are subject to be changed or eliminated at any time.

Estimated Income is an estimate and the actual income might be lower or higher than the estimated amount. Estimated income reflects only the income generated by an investment. It does not reflect changes in price, which may fluctuate. The Credit Quality Rating shown takes the lower of the two credit agency ratings between Moody's and Standard & Poor's and converts it to the equivalent S&P major rating category. Credit Quality Ratings and Bond Statistics sections do not include bond funds. Bond Statistics are weighted averages based on market value of bonds in the portfolio. Yield calculations are based on yield prices that may change monthly. Fixed income holdings, where the information is not available, are excluded from the Yield at Purchase, Yield to worst, Yield to maturity, Total duration, Weighted average coupon and Weighted average maturity calculations. For more information, including fixed income descriptions, please see the Important Information section at the end of this report.

Bond Term vs. Duration
150
--c 100 C:
0 (D
4-
0 50
Short (0 to <5 yrs) Intermediate (5 to < 10 yrs) Long ( 10+ yrs) Bond Terms
[I Bond
■ Duration
N/A
Bond: 100% of bonds with short bond terms (Oto <5 yrs), 0% of bonds with intermediate bond terms (5 to <10 yrs), 0% of bonds with long bond terms (10+ yrs), 0% of bonds with a N/ A bond terms.

Duration: 100% of bonds with short bond terms (0 to <5 yrs), 0% of bonds with intermediate bond terms (5 to <10 yrs), 0% of bonds with long bond terms (10+ yrs), 0% of bonds with a N/ A bond terms.

CITY OF MALI BU I February 01, 2025
27

Total portfolio value: $85,507,657
Bond term indicates years to redemption date as defined in the Important Information section.

Mortgage-backed securities (MBSs) include asset-backed securities (ABSs), pass-throughs and collateralized mortgage obligations (CMOs). For MBSs, the full market value is displayed at the average life of each security, when available. Duration indicates calculated option adjusted duration. 'Bonds' include preferred stocks.

In the Callable Analysis chart, MBS includes all prepaying securities. Callable value applies next call price and date to the remaining principal. Call premiums may decline subsequent to the initial call date. Extraordinary call features may exist that are not represented in this report. Bond Term vs.

Duration and Callable Analysis sections do not include bond funds. For more information, including fixed income descriptions, please see the Important Information section at the end of this report.

CITY OF MALI BU I February 01, 2025
Term
MBS
Oto <l yrs
1 to <2 yrs
2 to <3 yrs
3 to <4 yrs
4to <5 yrs
5 to <7 yrs
7+ yrs
Not Available
Non-Callable
Total
Callable Analysis
Callable value
250,000
$250,000
Market value
236,635
80,697,018
$80,933,653
28

Fixed Income Statistics
As of 01/31/2025 for XXXX7847
Subtotals and totals are weighted averages based on market value Qty/Face Moody's Coupon Redemption Mkt Price Mkt Value($) Yid Price Duration Dur Cont Rem Prin S&P CpnType Next Call Adj Price Gain Loss ($) YTW Convexity % Fxd Inc Description Factor Enhance Call Price Orig Price Purch Yid YTM %Port U.S. Taxable Investment 2.372% 80,933,653 1.4 1.4
Grade Fixed Income 1,203,777 4.28% 100.0%

4.17% 4.28% 94.7%
Treasury Note 2.508% 64,253,944 1.4 1.1
1,242,988 4.30% 79.4%

4.19% 4.30% 75.1%
US TREASURY/ NOTES/ 5,215,000 AAA 1.500% 02/15/25 M 99.91 5,210,098 99.65 0.1 0.0 91282CDZ1 Fixed 95.21 244,849 4.43% M 0.0 6.4%

95.21 4.82% 4.43% 6.1%
US TREASURY/ NOTES/ 5,330,000 AAA 1.750% 03/15/25 M 99.73 5,315,769 99.50 0.2 0.0 91282CED9 Fixed 95.31 235,614 4.28%M 0.0 6.6%

95.31 4.84% 4.28% 6.2%
US TREASURY/ NOTES/ 4,000,000 AAA 1.750% 03/15/25 M 99.73 3,989,320 99.50 0.2 0.0 91282CED9 Fixed 96.36 135,125 4.28%M 0.0 4.9%

96.35 3.66% 4.28% 4.7%
US TREASURY/ NOTES/ 1,465,000 AAA 3.125% 08/15/25 M 99.39 1,456,078 99.31 0.6 0.0 91282CFE6 Fixed 97.59 26,323 4.27%M 0.0 1.8%

97.59 4.60% 4.27% 1.7%
US TREASURY/ NOTES/ 15,120,000 AAA 3.500% 09/15/25 M 99.51 15,045,761 99.47 0.7 0.1 91282CFK2 Fixed 97.78 260,685 4.28%M 0.0 18.6%

97.78 4.62% 4.28% 17.6%
US TREASURY/ NOTES/ 4,000,000 AAA 3.500% 09/15/25 M 99.51 3,980,360 99.47 0.7 0.0 91282CFK2 Fixed 99.85 -13,772 4.28%M 0.0 4.9%
CITY OF MALI BU I February 01, 2025
29

Qty/Face Moody's Coupon Redemption Mkt Price Mkt Value($) Yid Price Duration Dur Cont Rem Prin S&P CpnType Next Call Adj Price Gain Loss ($) YTW Convexity % Fxd Inc Description Factor Enhance Call Price Orig Price Purch Yid YTM %Port

99.85 3.56% 4.28% 4.7%
US TREASURY/ NOTES/ 4,000,000 AAA 2.250% 03/31/26 M 97.78 3,911,400 97.58 1.2 0.1 9128286L9 Fixed 96.38 56,018 4.27%M 0.0 4.8%

96.38 3.51% 4.27% 4.6%
US TREASURY/ NOTES/ 2,000,000 AAA 3.750% 04/15/26 M 99.44 1,988,740 99.37 1.2 0.0 91282CGV7 Fixed 98.54 17,967 4.26%M 0.0 2.5%

98.54 4.51% 4.26% 2.3%
US TREASURY/ NOTES/ 4,000,000 AAA 0.750% 08/31/26 M 94.77 3,790,920 94.43 1.6 0.1 91282CCW9 Fixed 91.08 147,913 4.26%M 0.0 4.7%

91.08 3.52% 4.26% 4.4%
US TREASURY/ NOTES/ 4,000,000 AAA 2.500% 03/31/27 M 96.53 3,861,080 96.29 2.1 0.1 91282CEF4 Fixed 96.45 2,948 4.25%M 0.1 4.8%

96.45 3.45% 4.25% 4.5%
US TREASURY/ NOTES/ 2,245,000 AAA 2.625% 05/31/27 M 96.50 2,166,425 96.27 2.3 0.1 91282CET4 Fixed 95.32 26,447 4.27%M 0.1 2.7%

95.32 4.21% 4.27% 2.5%
US TREASURY/ NOTES/ 1,894,000 AAA 3.125% 08/31/27 M 97.33 1,843,392 97.12 2.5 0.1 91282CFH9 Fixed 98.60 -24,069 4.28%M 0.1 2.3%

98.60 3.47% 4.28% 2.2%
US TREASURY/ NOTES/ 2,985,000 AAA 1.250% 04/30/28 M 90.97 2,715,514 90.59 3.2 0.1 91282CBZ3 Fixed 88.92 61,386 4.32% M 0.1 3.4%

88.92 4.24% 4.32% 3.2%
US TREASURY/ NOTES/ 5,075,000 AAA 1.375% 12/31/28 M 89.55 4,544,460 89.17 3.8 0.2 91282CDP3 Fixed 88.22 67,096 4.36%M 0.2 5.6%

88.22 4.06% 4.36% 5.3%
US TREASURY/ NOTES/ 1,565,000 AAA 2.875% 04/30/29 M 94.45 1,478,127 94.12 4.0 0.1 91282CEM9 Fixed 92.51 30,364 4.38%M 0.2 1.8%

92.51 4.57% 4.38% 1.7%
US TREASURY/ NOTES/ 3,000,000 AAA 4.000% 10/31/29 M 98.55 2,956,500 98.32 4.3 0.2 91282CFT3 Fixed 99.61 -31,905 4.39%M 0.2 3.7%
CITY OF MALI BU I February 01, 2025
30

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35 36
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39 40
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45 46

Agenda Item # 1.B.9.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Monica Castillo, Deputy City Attorney
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 20, 2025 Meeting date: February 24, 2025 Subject: Confirmation of the Director of Emergency Services Order Relating to the Palisades Fire Recovery
RECOMMENDED ACTION: Confirm the Order of the Director of Emergency Services dated February 13, 2025, directing law enforcement to set up and police resident-only access checkpoints at specified roads in response to the Palisades Fire recovery.

FISCAL IMPACT: No additional appropriation is required. Potential costs include Los Angeles Sheriff’s resources.

STRATEGIC PRIORITY: This item supports the Public Safety and day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List. Responding to disasters such as the Palisades Fire and supporting community recovery is the City’s most immediate and top priority as part of the city's fundamental operations.

DISCUSSION: The Palisades Fire has had a devastating impact on Malibu, requiring significant coordination with multiple agencies, stakeholders, and community members to address recovery, preparedness, and safety concerns. An unfortunate outcome of the fire has been thefts from empty homes in evacuation zones. The Los Angeles County Sheriff’s Department has made a number of arrests.

To combat this sad trend, Governor Newsom issued Executive Order N-12-25 directing the California Highway Patrol (CHP), in consultation with the Governor’s Office of Emergency Services (OES), to engage local law enforcement agencies to develop a plan for enforcing, and support them in enforcing, relevant state laws, including, but not limited to, Penal Code section 602 (prohibiting trespassing) and Penal Code section 647(h) (prohibiting loitering with intent to commit crimes of opportunity), and Chapter 9 of Division 11 of the Vehicle Code, as well as relevant local laws and ordinances, in areas previously City Council Meeting
02-24-25
Item

1.B.9.
1

Agenda Item # 1.B.9.
subject to mandatory evacuation orders, in order to protect private property and minimize the impacts on ongoing recovery efforts.

Following the Executive Order and pursuant to his authority under Government Code Section 8634 and Malibu Municipal Code Section 2.52.060(A)(1), the City’s Director of Emergency Services issued the order attached to this report (“Order”) on February 13, 2025. The Order directed law enforcement to set up and police resident-only access checkpoints at the following roads off Pacific Coast Highway:

1. Carbon Canyon

2. Rambla Vista (two entrances)

3. Rambla Pacifico

4. Las Flores

5. Big Rock

6. Tuna Canyon

7. Pena Road

8. Carbon Beach Terrace
The Order will remain in effect until February 28, 2025, unless earlier terminated or extended.

Malibu Municipal Code Section 2.52.060(A)(1) requires the City Council to confirm the Order at the earliest practicable time. As tonight’s meeting is the earliest practicable time for the City Council to act, it is recommended the Council confirm the Order.

ALTERNATIVES:

1. Do not confirm the Director of Emergency Services Order and terminate the order.

ATTACHMENTS:

1. Director of Emergency Services Order, dated February 13, 2025 2 65273.00001\43237356.1
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28 ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

FOR THE CITY OF MALIBU
WHEREAS, on January 7, 2025, Governor Newsom proclaimed a State of Emergency to exist in Los Angeles and Ventura Counties due to fire and windstorm conditions that caused several fires including the Palisades Fire;
WHEREAS, on January 7, 2025, the Director of Emergency Services issued a Proclamation of Existence of Local Emergency in response to the Palisades Fire, later ratified by the City Council; WHEREAS, an unfortunate outcome of the fire has been thefts from empty homes in evacuation zones for which the Los Angeles County Sheriff’s Department has made a number of arrests; WHEREAS, on January 19, 2025, as part of fire recovery efforts, Governor Newsom issued Executive Order N-12-25 directing the California Highway Patrol, in consultation with the Governor’s Office of Emergency Services, to engage local law enforcement agencies to develop a plan for enforcing, and support them in enforcing, relevant state laws, including, but not limited to, Penal Code section 602 (prohibiting trespassing) and Penal Code section 647(h) (prohibiting loitering with intent to commit crimes of opportunity), and Chapter 9 of Division 11 of the Vehicle Code, as well as relevant local laws and ordinances, in areas previously subject to mandatory evacuation orders, in order to protect private property and minimize the impacts on ongoing recovery efforts that may be caused by entry of large numbers of individuals who do not reside in these neighborhoods;
WHEREAS, resident-only access to former evacuation zones minimizes property thefts and allows fire victims to visit their properties safely to recover belongings and undertake rebuilding efforts; WHEREAS, Government Code Section 8634 empowers the Director of Emergency Services to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety;
Docusign Envelope ID: 9A2906BF-7A4C-4117-96C7-3F23F563C4DA 3 65273.00001\43237356.1
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28 WHEREAS, Malibu Municipal Code Section 2.52.060 more specifically empowers the Director of Emergency Services during a proclaimed State of Emergency or Local Emergency affecting the City to do the following:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;

2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;

3. To require emergency services of any city officer or employee, and, in the event of the proclamation of a state of emergency in the county in which the city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

4. To requisition necessary personnel or material of any city department or agency, and

5. To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him or her by Chapter 2.52 of the Malibu Municipal Code or by resolution or emergency plan pursuant thereto adopted by the city council, all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority.

NOW THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED by the Director of Emergency Services of the City of Malibu that the Los Angeles County Sheriff’s Department, in its capacity as the City’s local law enforcement, establish and police resident-only access checkpoints at the following roads off Pacific Coast Highway:

1. Carbon Canyon

2. Rambla Vista (two entrances)

3. Rambla Pacifico

4. Las Flores
Docusign Envelope ID: 9A2906BF-7A4C-4117-96C7-3F23F563C4DA 4 65273.00001\43237356.1
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28 5. Big Rock

6. Tuna Canyon

7. Pena Road

8. Carbon Beach Terrace
This Order shall remain in effect through February 28, 2025, or unless it is terminated earlier, or extended, in writing by the Director of Emergency Services. Any amendment to or rescission of this Order shall be in writing and given widespread publicity and notice.

Dated: February 13, 2025 ____
Joseph D. Toney, Acting City Manager
Director of Emergency Services
City of Malibu
Attest:
_________________________
Kelsey Pettijohn
City Clerk
Approved as to Form:

Dated: ____
Trevor Rusin
City Attorney
Docusign Envelope ID: 9A2906BF-7A4C-4117-96C7-3F23F563C4DA 2/13/2025
5

Agenda Item # 1.B.10.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Maureen Tamuri, Interim Planning Director
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 19, 2025 Meeting date: February 24, 2025 Subject: Professional Services Agreements for Rebuild Consulting Services RECOMMENDED ACTION: 1) Authorize the Mayor to execute individual Professional Services Agreements for Fire Recovery and Rebuild contract planning services from: A) 4Leaf, Inc., B) California Coastal Works, LLC, C) Interwest Group, Inc., and D) Michael Baker International, Inc.; and 2) Authorize the City Manager or designee to amend any of the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

FISCAL IMPACT: Funding for these agreements was not included in the Adopted Budget for FY 2024-25 and will depend on the volume of applications received. An appropriation to Account Nos. 102-3101-5100-00 (Franklin Fire Professional Services) and 102-3102- 5100-00 (Palisades Fire Professional Services) will be necessary; however, the existence of the local emergency will potentially help qualify the City and its residents for reimbursement for certain disaster response expenditures.

STRATEGIC PRIORITY: This item is not identified in the Adopted FY 2024-25 Strategic Priority Project List; however, providing recovery and rebuild services after disasters is an immediate and top priority and these contracts are necessary to maintain the City's fundamental operations.

DISCUSSION: On December 9, 2024, the Franklin Fire started in the Santa Monica Mountains on Malibu Canyon Road, south of Piuma Road. The fire, high winds, and power outages produced conditions of extreme danger. The Acting Director of Emergency Services (Acting City Manager) proclaimed the existence of a local emergency on December 10, 2024, and the City Council adopted Resolution No. 24-64 ratifying the emergency on December 16, 2024. The Franklin Fire burned over 4,000 acres and damaged surrounding hillsides.

City Council Meeting
02-24-25
Item

1.B.10.
1

Agenda Item # 1.B.10.

Following the Franklin Fire, on January 7, 2025, the Palisades Fire started in or around the Pacific Palisades area. The Palisades Fire combined with a historic Santa Ana Wind event and power outages produced 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. At the January 14, 2025, Special City Council Meeting, the City Council adopted Resolution No. 25-01 confirming and ratifying the existence of a local emergency due to the Palisades Fire.

It is currently estimated that there are over 700 properties in Malibu with destroyed structures because of fires, and many residents who have lost their homes have already expressed a desire to move forward with the rebuilding process as soon as possible.

To accommodate the resulting increase in permit applications, and to help residents move forward with the fire rebuild process while continuing to provide a high level of ongoing City services, the City needs to augment its current staffing levels by utilizing contract services.

Due to the severity of the fires and the extent of both the recovery and rebuild processes, staff is creating a Fire Recovery and Rebuild Team (Rebuild Team) that will be dedicated to those pursuing the reconstruction of destroyed and/or damaged homes, commercial properties, and City infrastructure. The Rebuild Team will be staffed by City development departments, including Planning, Environmental Sustainability (ESD), and Public Works.

In brief, the process will consist of the following steps: 1) preliminary Planning review and approval, 2) agency review and approval, 3) Building plan check review, 4) permit issuance, and 5) construction and building inspection. Additionally, this team will monitor rainfall, landslides, and mud and debris flow areas during rain events while assisting with environmental services, such as monitoring trash and recycling services.

The City’s current staffing levels are not sufficient to handle the City’s typical volume of project applications and all the anticipated volume of fire rebuild applications. Therefore, utilizing contract services will be critical to Malibu’s recovery and rebuild success. As such, on February 10, 2024, the City Council approved agreements to augment ESD, Public Works, and Planning staff levels.

In order to augment Planning staffing levels to assist with the influx of applications, staff is proposing a total of five new agreements to obtain additional contract planners. On February 10, 2025, the City Council approved an agreement with MNS Engineers, Inc. and tonight, four other agreements are before the Council for its consideration. The proposed agreements will add six new contract planners, the equivalent of four full-time staff members. In addition, staff is recommending that an additional consultant, Joseph Smith of California Coastal Works, be added to further support the Planning Department’s management team.
2

Agenda Item # 1.B.10.

The proposed firms responded to a Request for Proposal for contract planning services issued in 2024 and underwent the RFP evaluation process. Though 4Leaf, Inc. and California Coastal Works were granted agreements in 2024, Interwest Group, Inc., Michael Baker International, Inc., and MNS Engineers, Inc. agreements were placed on hold, pending additional funding for contract planners.

It is important to note that the City Council previously approved an agreement with 4Leaf, Inc. for a dedicated Woolsey Fire rebuild contract planner. The Woosley Fire rebuild planning applications remain a high priority for the Planning Department. Woolsey Fire rebuild application are being processed by the dedicated planner as well as other staff members.

It is recommended that the City Council authorize the Mayor to sign these agreements to meet operational demands posed by the disasters. Additional professional services agreements will be brought forward at the March 10, 2024, Regular meeting and will be in place before the Fire Rebuild Office opens in March.

ATTACHMENTS:

1. Professional Services Agreement with 4Leaf, inc.

2. Professional Services Agreement with California Coastal Works, LLC

3. Professional Services Agreement with Interwest Group, Inc.

4. Professional Services Agreement with Michael Baker International, Inc. 3 Attachment 1
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20 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreément is made and entered into as 0f February 24, 2025 by and between the City of Malibu (hereinafter referred to as the ”City"), and California Coastal Works, LLC (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

RECITALS
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 consulting management 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 ofa 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.

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 $565,000 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 2
21 Agreement for Professional Services
California Coastal Works, LLC

4.1 The Consultant shall submit to the City, by no later than the lO‘h 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 ofthis 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. l .l 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 ofthe 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. lf 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 lf 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 immediately 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 Consultant or the City shall not be 22 Agreement for Professional Services
California Coastal Works, LLC

relieved of liability for damage sustained by virtue of the party’s breach of this Agreement. Any payments due under this Agreement may be withheld to off-set actual damages.

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

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

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

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

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

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

6.6 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 behalfof the City. Neither the City nor any of its officers 23 Agreement for Professional Services
California Coastal Works, LLC

or employees shall have any control over the conduct of the Consultant, or any ofthe 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 ofthe 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 behalfof 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. Consultant shall represent that Consultant and Consultant’s officers, employees, or agents are contract planners for the City. Consultant’s title for purposes of correspondence with the City and the public shall be Contract Principal Planner and shall report to and defer final decisions to the Planning Director Consultant will be provided a City email address ([name]@malibucity.org) and reference the City’s physical address (23825 Stuart Ranch Road, Malibu, CA 90265) for purposes of correspondence with the public. 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.
(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 24 Agreement for Professional Services
California Coastal Works, LLC

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 ofthe 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 thereofshall 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 oftime 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.
25 Agreement for Professional Services
Califarnia C0aslal Works, LLC

6.15 Mitigation 0f 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. Ifany 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 attomeys' 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:

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 ofa 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.

CITY: Joseph Toney CONSULTANT: Joseph Smith, AICP
Acting City Manager Principal
City of Malibu California Coastal Works, LLC
23825 Stuart Ranch Road 1330 Camino Del Mar
Malibu, CA 90265-4861 Del Mar, CA 92014
TEL (310) 456-2489 x 226 TEL: (619) 943-1337
FAX (310) 456-2760 jsmith@californiacwcom
26 Agreement for Professional Services
Calg‘famia Coastal Works, LLC

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 ofthe 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 staffcapacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assumingoffice, annual, and leaving—office financial reporting obligations under the California Political Reform Act and the City’s Conflict oflnterest 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 f3
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
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
27 Agreement for Professional Services
California Coastal Works, LLC

This Agreement is executed on : at Malibu, California: and effective as of February 24, 2025.

CONSULTANT:

By: JOSEPH
%
SMITH, Principal
California Coastal Works, LLC
CITY OF MALIBU:

DOUG STEWART, Mayor
ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:

TREVOR RUSIN, Interim City Attorney
28 Agreement for Professional Services
California Coastal Works, LLC