Agenda packet, first session — Malibu City Council, November 24, 2025 (part 10 of 10)

forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (d) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the City. (ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any Consultant for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” Agreement for Professional Services
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(e) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(f) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its Agreement for Professional Services
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subcontractors are not in compliance during the term of this Agreement. (g) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Required Certification. If applicable, contractors must sign and submit to the City the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Non-Lobbying Certification for Federal Aid Contracts
The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any Agreement for Professional Services
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person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor,______________________________ , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.

In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.

Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
(h) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (i) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

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(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (j) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymerbased products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller Agreement for Professional Services
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tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by City.

3. ACCESS TO RECORDS & RECORD RETENTION
(a) Access to Records. The following access to records requirements apply to this Agreement:
(i) The Consultant agrees to provide the State, City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
(ii) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (iii) The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Agreement.
(iv) In compliance with the Disaster Recovery Act of 2018, the City and the Consultant acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

4. MISCELLANEOUS PROVISIONS
(a) The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (b) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this Agreement. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. (c) Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this Agreement.

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(d) The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the City, Consultant, any subcontractors or any other party pertaining to any matter resulting from the Agreement.
(e) Build America, Buy America Act (BABAA). Consultants and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to the City with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Consultants and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Consultants and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency; subrecipients will forward disclosures to the pass-through entity, who will, in turn, forward the disclosures to FEMA.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 24, 2025 by and between the City of Malibu, a municipal corporation (hereinafter referred to as the "City"), and Rincon Consultants, a California corporation (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 environmental programs including stormwater management, water quality compliance, and spill response in response to the City’s recovery efforts.

C. On January 8, 2025, the President of the United States issued a Presidential Major Disaster Declaration, making funding available to local governments on a cost-sharing basis for debris removal and emergency protective measures (including direct Federal assistance) to supplement recovery efforts (“Recovery Efforts”) in the areas affected by wildfires and straightline winds in the greater Los Angeles area, including the Palisades Fire (“Impacted Areas”); and D. California Governor Gavin Newsom issued directives (Executive Order N-2-25 of January 8, 2025; and Executive Order N-5-25 of January 12, 2025) to expedite the Recovery Efforts in the Impacted Areas; and
E. City is located directly within the burn area of the Palisades Fire; and F. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on November 24, 2025, and will remain in effect for a period of four (4) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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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. No additional compensation shall be paid for any other expenses incurred, unless first approved 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 bill for services itemizing the fees and costs incurred during the previous month.

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

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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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 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 C which is incorporated herein.

6.5 Indemnification.
a. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct. b. The following provisions apply only to performance of design professional services:

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional (as that term is defined under Civil Code section 2782.8), then, Consultant shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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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 thirdparty 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 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.

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

6.9 California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all applicable subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

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6.10 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.

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

6.12 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.

6.13 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.

6.14 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.

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6.15 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.

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

6.17 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.

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

6.19 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.

6.20 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: Candace Bond CONSULTANT: Torin R. Snyder
Interim City Manager Principal
City of Malibu Rincon Consultants, Inc.
23825 Stuart Ranch Road 1250 East 1st Street, Ste. 301
Malibu, CA 90265-4861 Los Angeles, CA 90012
TEL (310) 456-2489 x 226 TEL (805) 644-4455 x219
FAX (310) 456-2760
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6.21 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 FEMA AND CALOES FUNDING REQUIREMENTS.

7.1 FEMA Requirements. Federal Emergency Management Agency (“FEMA”) financial assistance will be used to fund all or a portion of the Agreement. The Consultant shall comply with all federal laws, regulations, executive orders, FEMA policies, procedures and directives including, but not limited to, the following:

7.1.1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

7.1.2. Federal Contract Provisions attached hereto as Exhibit D and incorporated herein by reference.

Federal Contract Provisions are based upon the Contract Provision Guide – Navigating Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contract Under Federal Awards, Version 2 – released by FEMA’s Procurement Under Grants Division, Effective October 1, 2024 (FI-207-21-0001) and the provisions of 2 C.F.R. 200 that are in place as of the date this Amendment is signed.

7.1.3. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of the Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

7.2. CalOES Requirements. FEMA Hazard Mitigation Grant program funding will be provided through California Office of Emergency Management Services (“CalOES”) to fund all or a portion of the Agreement. The Consultant shall comply with all state laws, regulations, CalOES policies, procedures, and directives for the Hazard Mitigation Grant program.

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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 ______ TRS
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This Agreement is executed on _____________________, at Malibu, California, and effective as of November 24, 2025.

CONSULTANT:

Rincon Consultants, a California corporation
___________________________________
By: Torin R. Snyder, Principal
CITY OF MALIBU, a municipal corporation
___________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK

1. Fire Debris and Hazardous Materials Management
i. Oversee and/or conduct site assessments to identify and categorize fire debris and hazardous materials.
ii. Develop, implement, and/or oversee management plans for the safe removal and disposal of fire debris and hazardous materials.
iii. Coordinate with local, state, and federal agencies to evaluate compliance with applicable regulations.

2. Erosion/Sediment Control, Stormwater, and Watershed Management i. Assess areas at risk of erosion and sedimentation within the burned and unburned areas. ii. Work with contractors to design and implement erosion and sediment control measures.
iii. Inspect and monitor control measures and coordinate with contractors to evaluate their effectiveness and make additional recommendations if control measures are not effective.
iv. Develop stormwater management plans to address increased runoff and potential contamination from fire-affected areas.
v. Monitor stormwater systems to evaluate if they are functioning as designed. vi. Assess the impact of burned and unburned areas on local watersheds. vii. Develop and implement watershed management plans to restore and protect watershed health.
viii. Coordinate with stakeholders to establish and implement an integrated watershed management approach.

3. 3. Debris Flow Planning and Response
i. Identify areas at risk of debris flows due to fire damage. ii. Develop debris flow response plans, including early warning systems. iii. Support coordination of response measure implementation during debris flow events to protect public safety and infrastructure.

4. Natural and Cultural Resources
i. Provide biological, archaeological, and Native American specialists to support emergency preparedness planning and response activities, which may be developed prior to and following intense storm events.
ii. Provide regulatory coordination and notification support for emergency permitting and monitoring requirements.

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iii. Assess jurisdictional delineations that may be impacted, such as federal waters of the US, non-federal waters of the State, Coastal Zone, critical habitat, culturally sensitive areas, etc.

5. Land-use Planning
i. Support property owners with investigation of damaged properties and rebuilding efforts.
ii. Create informational packets for impacted property owners regarding permitting and planning processes to guide rebuilding activities. iii. Engage in revisioning discussions with the City/public for more resilient buildings/infrastructure systems.

6. Field Investigation and Inspection
i. Perform field inspections to support the above activities, which may include condition assessment of City-owned and private infrastructure, water quality monitoring in fire-affected drainage areas, investigation of natural and cultural resources, etc.
ii. For difficult to reach areas (due to road conditions/closures, locked gates, etc.), we can assist with deploying and collecting drone imagery to aid in the assessment of property damage.
iii. Document findings and provide reports to the City. iv. Recommend corrective actions/recommendations as needed.

7. Data Management Services
i. Create a data management system including an integrated ArcGIS geodatabase and webmap tool to facilitate data visualization and communication. ii. Utilize digital Survey123 inspection forms and data sheets to enhance data quality and organization for reporting and planning purposes. This would integrate data workflows from various data sources (e.g., field investigations, building surveys, environmental samples) to facilitate consistency across the team, which would be expected to include City staff, contractors, local and state agencies, and special districts.

8. Administrative Services
i. Public Information Requests Processing and Management: Handling and tracking public information requests.
ii. Compliance Assurance: Ensuring adherence to regulations regarding public records.
iii. Digital Solutions: Use of software systems for electronic records management.

9. Agency Coordination
i. Inter-Agency Communication: Facilitating communication between City departments and other government agencies.
ii. Project Management: Overseeing joint projects involving multiple agencies.

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iii. Data Sharing: Establishing protocols for secure data sharing.

10. Other Public Services
i. Community Outreach: Supporting the design and implementation of community engagement programs and activities.
ii. Grant Writing: Assisting with grant applications.

11. Provide staff for routine office hours at City Hall or Rebuild Center, 8:00 AM - 5:00 PM.

The days for such services will be adjusted if mutually agreed upon with the City.

12. Respond to questions or directives from the City within one (1) business day.

13. Maintain thorough and accurate recordkeeping consistent with municipal standards and the City’s retention policies.

14. Demonstrate familiarity with municipal government records systems, permit tracking databases, and workflow processes.

15. Professional Conduct: Must maintain professionalism in all interactions with the public, adhere to ethical standards, and follow all applicable laws and procedures.

16. Safety Protocols: Must follow City safety standards to protect consulting staff and the public during field activities.

17. Special Projects may include other tasks and duties as assigned by the City Building Official or designee.

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EXHIBIT B

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. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or designee.

Fee and Authorization
Consultant will perform the on-call environmental services on an hourly basis, in accordance with the rate schedule below. Prior to commencing work for the City of Malibu, the Consultant must obtain written authorization from the Community Development Director or his/her designee and establish project scope and cost. Consultant shall submit itemized invoices identifying the specific tasks performed, corresponding hours, and associated costs for each billing period.

Professional Technical and Support Personnel* Hourly Rates Senior Principal $354
Principal $341
Director $341
Senior Supervisor II $324
Supervisor I $302
Senior Professional II $283
Senior Professional I $264
Professional IV $234
Professional III $217
Professional II $193
Professional I $172
Associate III $145
Associate II $129
Associate I $121
Field Technician $104
Technical Editor $162
Project Accountant $139
Billing Specialist $119
Publishing Specialist $132
Clerical $119
Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability, cultural resources, GIS, data technology, and other professionals.

Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.

All rates listed above shall include overhead costs including, but not limited to salaries, benefits, insurance, office expenses, mileage, and courier service. If staff substitutions are necessary, or if staff is promoted, the original rates listed above will still apply.

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Non-Billable Administrative Overhead
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable and are therefore considered overhead or administrative functions contained within the hourly rate. Typical examples of nonbillable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract, or additional services. • Travel time to and from the City of Malibu.
• Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

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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.

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 Agreement for Professional Services
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period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

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

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

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance 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 Agreement for Professional Services
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intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

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

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

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

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

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City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.

Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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EXHIBIT D

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives including but not limited to the federal contract provisions in this Exhibit. All citations are hereby incorporated by referenced into the Agreement.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Agreement includes provisions for both remedies for breach and termination.
(b) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable. (c) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each Consultant must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) Overtime Requirements. No Consultant or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set Agreement for Professional Services
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(e) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(f) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements Agreement for Professional Services
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above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (g) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Required Certification. If applicable, contractors must sign and submit to the City the following certification.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or Agreement for Professional Services
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entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor,______________________________ , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.

In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.

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2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Agreement for Professional Services
Rincon Consultants, Inc.

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(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by City.

Agreement for Professional Services
Rincon Consultants, Inc.

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ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE (MM/DD/YYYY)
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 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS 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
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
Lockton Companies, LLC
DBA Lockton Insurance Brokers, LLC in CA
CA license #0F15767
8110 E Union Ave., Ste. 100
Denver CO 80237
[email protected]
Rincon Consultants, Inc.
180 N Ashwood Ave.

Ventura CA 93003
Hartford Fire Insurance Company 19682
Illinois Union Insurance Company 27960
Starstone National Insurance Company 25496
Palomar Excess and Surplus Insurance Co. 16754
X
X
X SIR: $50,000
X P&I
4,000,000
100,000
10,000
4,000,000
4,000,000
4,000,000
X
X X
1,000,000

XXXXXXX

XXXXXXX
Comp./Coll. Ded 1,000
X
X
X 10,000
10,000,000
10,000,000

XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
Contractors Pollution Liab
E&O Liab.

Cyber
$4M/$4M
$4M Ea. occ./$4M Agg.

Retro Date: 12/9/1994
See Description
B 72UENOL5481 2/1/2025 2/1/2026
A G48968181 001 2/1/2025 2/1/2026
A G48968181 001 2/1/2025 2/1/2026
A G48968193 001 2/1/2025 2/1/2026
C CEEXP-25-0000094-00 2/1/2025 2/1/2026
D T10250329 (AOS) 2/1/2025 2/1/2026
D T10251427 (FL) 2/1/2025 2/1/2026
2/1/2026
1462718
Y N
N N
N N
N
8/22/2025
N N
16059459
16059459 XXXXXXX
City of Malibu
Environmental Sustainability Department
23825 Stuart Ranch Road
Malibu CA 902654861
Effective 8/1/2025 - 2/1/2027, Cyber $5M Limit, $25K Deductible, Carrier: Houston Casualty Company, AMBest rating (A++XV), Policy #: H25NGP224923-02; Cyber Excess $5M x $5M Limit, Carrier: Corvus Insurance, AMBest rating (A++), Policy #: CXS-107946155-01 The City of Malibu, its officers and employees are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insured(s) is primary and non-contributory to the extent provided by the policy language or endorsement issued or approved by the insurance carrier.

X
See Attachments
Policy Number: G48968181 001: Effective Date:2/1/2025-2/1/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

Location(s) of Covered Operations
Blanket when specifically required in a written contract with the named insured.

Blanket when specifically required in a
written contract with the named insured.

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

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

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

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

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

EN0321-0211 Page 1 of 1
A. Section III — Who Is An Insured within the Common
Provisions is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" cause, in
whole or in part, by:

1. Your acts or omissions; or

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

Attachment Code: D563840 Certificate ID: 16059459
Policy Number: G48968181 001 : Effective Date: 2/1/2025-2/1/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED

WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

ERRORS AND OMISSIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured.

A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf.

B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable:

1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement.

2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s).

3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance.

This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EN0147-1111 Page 1 of 1
Attachment Code: D563842 Certificate ID: 16059459

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 24, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and True North Compliance Services, a California corporation (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 building plan check services in response to the City’s recovery efforts.

G. 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:

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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.

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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.

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

6.10 Legal Construction.
a. This Agreement is made and entered into in the State of California and Agreement for Professional Services
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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.

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

Page 7 of 26 ends

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.

6.16 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.

6.20 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: Candace Bond CONSULTANT: Isam Hasenin
Interim City Manager President
City of Malibu True North Compliance
Services, Inc.
23825 Stuart Ranch Road 3355 E. Spring Street, #302
Malibu, CA 90265-4861 Long Beach, CA 90806
TEL (310) 456-2489 x 226 TEL (858) 260-0495
FAX (310) 456-2760

6.21 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is Agreement for Professional Services
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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 FEMA AND CALOES FUNDING REQUIREMENTS.

7.1.1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

7.1.2. Federal Contract Provisions attached hereto as Exhibit D and incorporated herein by reference.

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

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 ______

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

CONSULTANT:

True North Compliance Services, a California corporation ___________________________________ By: Isam Hasenin, President CITY OF MALIBU: ___________________________________ MARIANNE RIGGINS, Mayor ATTEST: ___________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: ___________________________________ TREVOR RUSIN, Interim City Attorney Agreement for Professional Services
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EXHIBIT A

SCOPE OF WORK

1. Review all building construction documents for compliance with the California Building Code (CBC), Mechanical Code (CMC), Plumbing Code (CPC), Electrical Code (CEC), and Energy Code as amended by Los Angeles County, as amended by the City of Malibu.

2. Review Grading and Drainage documents for compliance with the California Building Code (CBC) as amended by the County of Los Angeles (Appendix J), as amended by the City of Malibu.

3. Review all development documents as requested by the City.

4. Project review services shall be completed utilizing the City’s adopted plan review software (e.g., Bluebeam Studios) to, for example, markup plans with corrections and redlines and/or coordinate with other internal departments.

5. Prepare grading bond calculations based on the City’s grading bond formula.

6. Perform plan checks at consultant’s offices.

7. Provide plan review staff for routine office hours at City Hall, 8:00 AM - 5:00 PM. The days for such services will be adjusted if mutually agreed upon with the City.

8. Furnish assigned personnel with all necessary materials, resources, and training to conduct plan check, including a current copy of applicable City amendments, policies, procedures, and forms.

9. Provide the permit applicant designee and the City a list of items needing clarification or change to achieve conformance with all State, Federal, or local regulations.

10. Perform plan reviews of revisions to plans that have been previously approved for permit issuance.

11. Plan check approval shall not be recommended to the City until all code compliance issues are resolved to the best of the applicant’s knowledge, and all permit issuance requirements of the City have been satisfied.

12. Respond within one (1) business day upon each notification that a plan check is authorized.

13. Supply pick-up and delivery of all documents daily. If plans are not submitted electronically, Consultant will coordinate the pickup and return of all plans via Consultant staff or a licensed courier service.

14. Perform plan check services within ten (10) business days upon receipt notification that a plan check has been authorized.

15. Conduct and coordinate all communications with clients during the process of completing authorized plan check, and shall copy the City on all correspondence.

16. Receive final review and approval by the City on all Code interpretations.

17. Attend and participate in local and regional meetings on behalf of the City; including locations other than Consultants office and Malibu City Hall.

18. Accept any and all documents electronically; including utilization of OnBase (records management system) and any additional electronic formats accepted by the City.

19. Provide Code training for City staff, including graphic handout materials.

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20. Prepare and coordinate all required documents and presentations for the City’s adoption of the Malibu Building Codes (County of Los Angeles Building Code with Seismic Amendments). This shall include preparation of presentation to City Council for final adoption.

21. Make presentations to City Council, public and other agencies as requested by City staff.

22. Should the scope of work change or circumstances develop which necessitate special handling, Consultant shall obtain authorization by the City prior to proceeding.

23. Plan reviews for large developments will be billed to the City as a percentage fee (e.g., Exhibit B), and turnaround times will be agreed upon in advance. However, depending on project size and scope, the plan review rate may be adjusted if mutually agreed upon with the City.

24. When requested, Building Grading Plan Review is limited to on-site general grading and drainage within the boundary of the proposed site and the disturbed area. The review is within the scope of the building permit and excludes any off-site reviews or analysis outside the area covered by the building permit and the plan check submittal.

25. For hourly projects only, performance of plan review services utilizing the City’s adopted plan review software (e.g., Bluebeam Studios) to, for example, markup plans with corrections and redlines and/or coordinate with other internal departments, may involve additional time being added to the plan review time at the associated plan review rate.

26. Special Projects may include other tasks and duties as assigned by the City Building Official or designee.

27. The City will provide Consultant with a monthly report of building plan check fees submitted to the City. The report shall include:

Plan check number
Project status
Street address
Valuation (if provided)
Class Code
Fees collected on the project

28. Maintain one (1) individual as the contact for all communication with the City.

29. Respond within one (1) business day to questions from the City.

30. Calculate appropriate review fees based on the City’s most current fee schedule.

31. Maintain thorough and accurate recordkeeping.

32. Must have familiarity with Municipal government records and workflow processes.

33. Professional Conduct: Must maintain professionalism in all interactions with the public, adhere to ethical standards, and follow all applicable laws and procedures.

34. Safety Protocols: Must follow City safety standards to protect consulting staff and the public during field activities.

35. Must have basic knowledge of Municipal government policies and procedures.

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EXHIBIT B

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

Percentage Fee Services. Percentage Fees shall include one (1) initial review and two (2) rechecks, for a total of three (3) reviews. Additional reviews beyond the third shall be billed at the applicable hourly rate. Prior written notification must be provided to City staff before such charges are incurred.

Plan Check Services Percentage Complete Plan Review 65% of City’s collected fees Structural Only Plan Review 50% of City’s collected fees Electrical, Plumbing, or Mechanical Plan Review 65% of City’s collected fees Grading, Drainage and Erosion Control Plan Review 65% of City’s collected fees Onsite Wastewater Treatment System Plan Review 65% of City’s collected fees Review for Changes to Previously Approved Plans See below hourly rates Review After Three (3) Checks (prior approval required) See below hourly rates Plan Check Engineer $130.00 per hour
Certified Plans Examiner I $100.00 per hour
Certified Plans Examiner II $110.00 per hour
Certified Accessibility Specialist $125.00 per hour
Inspector I / II $100.00 / $110.00 per hour
Senior Building Inspector $125.00 per hour
Training / Presentations / Staff Requested Meetings $140.00 per hour Hourly Rates
Position Hourly Rate
Interim Certified Building Official $155.00
Plan Review Engineer $130.00
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Senior Structural Engineer $145.00
Licensed Fire Protection Engineer $135.00
Certified Plans Examiner I $100.00
Certified Plans Examiner II $110.00
Building/Housing Inspector I $100.00
Building/Housing Inspector II $110.00
Senior Building/Housing Inspector $125.00
CASp Plan Reviewer/Inspector $125.00
Fire Plan Reviewer/Inspector $120.00
Permit Technician I $70.00
Permit Technician II $80.00
All rates listed above shall include overhead costs including, but not limited to salaries, benefits, insurance, office expenses, mileage, and courier service. If staff substitutions are necessary, or if staff is promoted, the original rates listed above will still apply.

Annual Escalation. Standard rates increase per year is limited to the Cost of Living Adjustment (COLA) as adopted in the City’s budget. All subcontractors shall adhere to this limit to rates increase.

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EXHIBIT C

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.

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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.

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Agreement for Professional Services
True North Compliance Services

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Agreement for Professional Services
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EXHIBIT D

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Required Certification. If applicable, contractors must sign and submit to the City the following certification.

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person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor,______________________________ , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.

In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.

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2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and Agreement for Professional Services
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women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by City.

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The following policy language is from Businessowners General Liability Coverage Part where required by written contract
where required by written contract.
0 Days
From Hanover Forms: 391-1003 (08/16); 391-1445 (08/16); 391-1586 (08/16), 391-1003 (08/16)

Attachment 18

City of Malibu

M E M O R A N D U M
To: File
From: Rebecca Nelson-Brown, Senior Administrative Assistant Date: October 23, 2025
Re: RFQ for Fire Recovery and Rebuild – List of Proposed Services

FIRM PROPOSED SERVICES
4LEAF, Inc. Communication Services, Video Broadcasting, Public Works, Construction Management, Civil Engineering,
Software, Code, Biological, Environmental Services,
Environmental Health Review, Coastal Engineering,
Geotechnical, Building Plan Check, Planning Review
Bureau Veritas North America, Inc. Public Works, Construction Management, Civil Engineering, Environmental Health Review, Coastal
Engineering, Geotechnical, Building Plan Check
California Coastal Works Planning Review
Capstone City Planning Planning Review
Casswell Consulting, Inc. Planning Review
CJ Biomonitoring Biological and Arborist
Cooperative.LA Public Works, Construction Management, Civil Engineering, Environmental Health Review, Coastal
Engineering, Geotechnical, Building Plan Check
CSG Consultants, Inc Public Works, Construction Management, Civil Engineering, Environmental Health Review, Building
Plan Check, Planning Review
Attachment 19
Recycled Paper
Cumming Group Public Works, Construction Management, Planning Review
Envicom Corporation Biological and Arborist, Environmental Services, Planning Review
Filippin Engineering Public Works, Construction Management Fox Onsite Solutions Environmental Health Review
Haley & Aldrich, Inc. Public Works, Construction Management, Civil Engineering, Environmental Services, Environmental
Health Review, Coastal Engineering, Geotechnical,
Building Plan Check
Hayer Consultants, Inc. Building Plan Check, Planning Review Interwest Consulting Group, Inc. Public Works, Construction Management, Civil Engineering, Environmental Health Review, Coastal
Engineering, Geotechnical, Building Plan Check,
Planning Review
Iris Consulting SoftwareDevelopment
JAS Pacific Leadership Building Plan Check
JLee Engineering, Inc Building Plan Check
Kimley-Horn and Associates, Inc. Communication Services, Public Works, Construction Management, Civil Engineering, Environmental
Services, Environmental Health Review
Michael Baker International, Inc. Planning Review
Moffatt & Nichol, Inc. Coastal
NV5, Inc. Public Works, Construction Management, Civil
Engineering, Environmental Services, Environmental
Health Review, Coastal Engineering, Geotechnical,
Building Plan Check, Planning Review,
Recycled Paper
Premium Planning Solutions Planning Review
Rincon Consultants Biology, Environmental Services, Environmental Health Review, Planning Review
S Y Lee Associates, Inc Building Plan Check
Transtech Engineers, Inc. Public Works, Construction Management, Civil Engineer, Building Plan Check
Tripepi Smith Communication Services, Video Broadcasting True North
CodeCompliance, Building Plan Check
VCA Consultants CodeCompliance, Building Plan Check, Planning Review
West Coast Code Consultants Building Plan Check

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Agenda Item # 8.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Candace Bond, Interim City Manager
Date prepared: November 7, 2025 Meeting date: November 24, 2025 Subject: Proposed 2026 Calendar of City Council Meetings RECOMMENDED ACTION: Approve the proposed 2026 Calendar of City Council meetings.

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

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

DISCUSSION: Staff has prepared the proposed 2026 Calendar of City Council Meetings for Council consideration and adoption.

Conflicts with Malibu Municipal Code defined holidays and Rosh Hashanah and Yom Kippur have been considered in the proposed calendar.

The draft calendar includes special meetings for Fiscal Year 2026-27 Proposed Budget in April and an additional special meeting each month to consider land use matters or other special business. These special meetings will be held on an as needed basis but are prescheduled to simplify coordination and provide additional notice to the public.

ATTACHMENTS: Proposed 2026 Calendar of City Council Meetings City Council Meeting
11-24-25
Item

8.A.

JANUARY FEBRUARY MARCH

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CITY OF MALIBU
2026 CALENDAR OF MEETINGS
KEY
Regular City Council Meeting
Special City Council Meeting 2:00 PM
Special City Council Budget Workshop TBD
Holiday
# Traditional Dark Meeting
Regular Planning Commission Meeting 6:30 PM

HOLIDAY SCHEDULE
Thursday, January 1 New Year’s Day Friday, July 3 * Independence Day Monday, January 19 Martin Luther King Day Monday, September 7 Labor Day Monday, February 16 President’s Day Wednesday, November 11 Veterans Day Monday, May 25 Memorial Day Thursday, November 26 Thanksgiving Day Friday, June 19 Juneteenth National
Independence Day
Thursday, December 24 –
Friday, January 1
Winter Closure

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Agenda Item # 8.B.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Candace Bondy, Interim City Manager
Date prepared: November 12, 2025 Meeting date: November 24, 2025 Subject: Council Appointment to the Malibu Arts Commission RECOMMENDED ACTION: Councilmember Stewart to make an appointment to the Malibu Arts Commission.

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

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

DISCUSSION: The Malibu Arts Commission seat appointed by Councilmember Stewart became vacant upon the passing of E. Barry Haldeman. Pursuant to Government Code Section 54974, a notice of unscheduled vacancy was posted on November 6, 2025.

Councilmember Stewart may make his appointment at this time.

Members of the public may find the Commission application at MalibuCity.org/Commissions and sign up for notifications regarding Commissioner Recruitment at MalibuCity.org/NotifyMe.

ATTACHMENTS:

1. Notice of Unscheduled Vacancy
City Council Meeting
11-24-25
Item

8.B.

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

VACANT POSITION PREVIOUS INCUMBENT DATE APPOINTMENT

CAN BE MADE
Malibu Arts Commission Barry Haldeman November 21, 2025 Interested citizens should contact the City Clerk at (310) 456-2489, extension 228 or by email at [email protected] for more information.

Posted: November 6, 2025
________________________________
Kelsey Pettijohn, City Clerk

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Agenda Item # 8.B.

Supplemental
Council Agenda Report
To:

Prepared by:

Approved by:

Mayor Riggins and the Honorable Members of the City Council Kelsey Pettijohn, City Clerk
Candace Bond, Interim City Manager
Date prepared: November 20, 2025 Meeting date: November 24, 2025 Subject: Council Appointment to the Malibu Arts Commission RECOMMENDED ACTION: Councilmember Stewart to make an appointment to the Malibu Arts Commission.

DISCUSSION: On November 14, 2025, the original agenda report was distributed. One City Commission Member Application was received after that time, which is attached to this report.

ATTACHMENTS: Applications received to date
City Council Meeting
11-24-25
Item

8.B.

City of Malibu
23825 Stuart Ranch Road Malibu, Califomia 90265
(3 10) 456-2489 fax (3 10) 456—2760
City Board / Commission / Committee Member Application
As a candidate for membership on a City Commission / Committee, please complete this application, profile and qualification form in order for the City Council to best consider your application for appointment.

Please feel free to provide additional sheets or a resume, if desired. Completed applications are to be submitted to the City Clerk’s Office, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, or Via email to [email protected].

Board / Commission/ Committee Applying for: Malibu Arts commiSSion Applicant=sName Maureen J Haldeman
Home Street Address & City , State and Zip Code:

Home Telephone
Work Telephone Email Address
it: r“ Cell Telephone
Profile Information: Please provide detailed information which demonstrates experience or background applicable to the Board / Commission / Committee (including education and experience on study groups, task forces and committees, community / civic and business activities). see attached answer
Page l of4
Qualifications: Please provide detailed information which demonstrates professional skills and talents applicable to this Board / Commission / Committee.
tth nwr
Role and Issues of Board / Commission / Committee: Please provide detailed information which demonstrates your opinion as to the role of a City Commissioner/ Committee or Board Member and issues you feel need to be addressed by Malibu which relate to this Board / Commission / Committee. see attached answer

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Certification: Please initial next to the Board / Commission / Committee you are applying for to confirm you meet the membership qualifications.

Building Board ofAppeals
o I am not an employee of the City of Malibu.
o I am qualified by experience and training to pass upon matters pertaining to building constiuction
Malibu Arts Commission:
0 I am a resident of the City of Malibu
o I am not an official or employee ofthe City of Malibu.

Mobilehome Park Rent Stabilization Commission
o I am a resident of the City of Malibu
o I am not, nor have I been in the last five years, a park owner or homeowner in a mobilehome park o If appointed, Iunderstand that I will be required to file a Statement of Economic Interests (Fonn 700), pursuant to the City’s Conflict of Interest Code Parks and Recreation Commission
o I am a resident of the City of Malibu
o I am not an official or employee ofthe City ofMalibu.

Planning Commission
o I am a resident ofthe City of Malibu
o I am not an official or employee of the City of Malibu. 0 If appointed, Iunderstand that I will be required to file a Statement of Economic Interests (Form 700), pursuant to Govemment Code Section 87200 Public Safety Commission
o I am a resident ofthe City of Malibu
o I am not an official or employee of the City of Malibu Public Works Commission
o I am a resident of the City of Malibu
0 I am not an official or employee of the City of Malibu.

Wastewater Advisory Committee
o I am either a resident or property owner in the City of Malibu, currently employed with the City of Malibu, or a wastewater or onsite wastewater treatment system professional EX-offlcio Position (Malibu Arts Commission, Parks and Recreation Commission, or Public Safety Commission)
0 I am not a resident of the City of Malibu. I live outside the city limits but Within the 90265- zipcode area. Iunderstand the ex-officio member shall not have a vote on the commission and may not serve as either chair or vice chair of the commission.

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Acknowledgement, Authorization and Release
I understand that in connection with this application for a board, committee, or commission appointment, this document and the information contained herein may be made available to the public upon a public records request. By signing and submitting this application, Icertify and declare under the penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct.

November 13, 2025
Date

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Application for consideration for appointment to the Malibu Arts Commission
Maureen J Haldeman
1) Profile Information
Appointed in 2010 by former Malibu Mayor, John Siebert, to the original Malibu Arts Task Force, I contributed to the development of the initial recommendations that led to the creation of Malibu’s first Arts Commission. This role provided direct experience with civic arts planning, cultural policy, and collaborative committee work.

I am a fine arts photographer with a long-standing career, living in and working in Malibu and beyond, with over fifty exhibitions locally, nationally, and internationally. My work has been featured in maj or publications and is frequently used for film and television set design. I am represented by Fabrik Projects Gallery in Los Angeles and ECAD London Gallery in the UK, as well as The Collective by Renegade Studios.

My background includes teaching photography and darkroom skills at the college level, mentoring emerging artists, and developing curriculum that emphasizes both technical proficiency and creative vision. lpreviously owned and operated a portrait studio in Malibu, which gave me an understanding of arts-based business operations within the community.

I’ve also worked with gallery owners to curate exhibitions, assisting with artist selection, installation, and overall presentation. Throughout my career I’ve stayed actively involved in Malibu’s creative community and value opportunities to support and expand local arts initiatives.
2) Qualiflcations
My background combines hands-on creative work, arts education, and experience with exhibitions and curating. As an artist, I’m familiar with developing Visual concepts, planning and presenting exhibitions, and working with both public and private audiences.

Teaching at the college level has given me experience in guiding creative growth, building educational programs, and helping artists refine both their technical abilities and their artistic voice.

My curatorial and exhibition experience adds practical understanding of gallery operations, public engagement, and the logistics of presenting artwork in community settings.

These combined skills support the goals of a city arts commission focused on cultural development, public art, community local and visitor access, and creating meaningful opportunities for local artists.

Affiliations Include:

Los Angeles Art Association, Los Angeles, California
Malibu Art Association, Malibu, California
International Association of Art-USA
American Photographic Artists-LA
Los Angeles Center of Photography, Los Angeles, California Griffin Museum of Photography, Boston, Massachusetts
3) Role and Issues 0f the Board / Commission / Committee Ibelieve the Malibu Arts Commission should help connect the community, artists, and city leadership. The role of commissioner involves supporting public art projects, encouraging community participation, and helping shape the future of Malibu’s cultural identity. The Commission should advocate for the arts as essential to community well-being, education, and civic life.

For Malibu, I see several important issues: expanding opportunities for local artists, increasing public access to the arts, and building programs that highlight Malibu’s natural beauty and cultural history. Strengthening arts education and outreach is also important, especially for younger residents and new artists. There is also a need to support resilience and recovery within the community following fires and other local challenges.

Malibu has faced (and faces) many challenges. Supporting the creative community and helping the arts remain a source of resilience and connection is essential; a strong Arts Commission can help the city continue to grow its cultural presence in a way that reflects Malibu’s unique character and spirit.

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Agenda Item # 8.C.

Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Richard Rojas, Deputy City Manager
Approved by: Candace Bond, Interim City Manager
Date prepared: November 20, 2025 Meeting date: November 24, 2025 Subject: Proposal for a Council Policy to Facilitate the Expeditious, Efficient and Economical Rebuild of all Structures in the City Destroyed or Materially Damaged by Wildfire, Earthquake, Flood, Landslide, Mudslide or Similar Disaster in Substantially the Same Location as the Destroyed or Damaged Structure and in a Like-for-Like Manner that Does Not Exceed 110% of the Area, Height or Bulk of the Structure Destroyed or Materially Damaged (a “Like-for-Like Disaster Rebuild”). (Mayor Pro Tem Silverstein and Councilmember Conrad)
RECOMMENDED ACTION: At the request of Mayor Pro-Tem Silverstein and Councilmember Conrad, discuss and provide direction on the attached resolution.

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

DISCUSSION: City Manager’s Note: The attached resolution in this report was provided by Mayor Pro Tem Silverstein and Councilmember Conrad. This report does not contain analysis or recommendations prepared by the staff.

ATTACHMENTS: Proposed Resolution
City Council Meeting
11-24-25
Item

8.C.

PROPOSED CITY COUNCIL POLICY RESOLUTION
RESOLUTION NO. 25-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MALIBU DECLARING THE CITY’S POLICY RESPECTING

LIKE-FOR-LIKE DISASTER REBUILDS AND DIRECTING

THE CITY TO TAKE VARIOUS ACTIONS IN ACCORDANCE

WITH THAT POLICY

THE CITY COUNCIL OF THE CITY OF MALIBU HEREBY
RESOLVES AS FOLLOWS:

The City Council of the City of Malibu (the “City Council”) hereby declares that it is the policy of the City of Malibu (the “City”) to facilitate the expeditious, efficient and economical rebuild of all structures in the City destroyed or materially damaged by wildfire, earthquake, flood, landslide, mudslide or similar disaster in substantially the same location as the destroyed or damaged structure and in a like-for-like manner that does not exceed 110% of the area, height or bulk of the structure destroyed or materially damaged (a “Like-for-Like Disaster Rebuild”).

In furtherance of the foregoing City policy, the City Council directs the following:

1. The City shall take all necessary and appropriate action to ensure that no person or entity employed by, or contracted to provide services to, the City (the “City Staff”) imposes any requirement that does not exist under applicable federal, state, county, or other law (including the Malibu Municipal Code or “MMC”)) for the approval and issuance of a planning verification (a “PV”), the completion of a plan check, the approval and issuance of a building permit, or the approval and issuance of any other permit required to be issued by the City for a Like-for-Like Disaster Rebuild. In so doing, any doubt respecting the application of a legal requirement or the manner if its application respecting any Likefor-Like Disaster Rebuild shall be resolved in favor of the City’s policy to facilitate the expeditious, efficient and economical design and construction of structures destroyed or materially damaged by wildfire, earthquake, flood, landslide, mudslide or similar disaster as a Like-forLike Disaster Rebuild. To that end, whenever there is a difference of opinion on an issue that the Director of the Community Development Department (the “CDD Director”) recognizes to be a difference of opinion upon which reasonable professional civil engineers might differ, the City Staff shall defer to the stamped and certified decision of the civil engineer employed by an applicant so long as such civil engineer is a California licensed civil engineer experienced in the particular practice that is implicated by the item in controversy (e.g., structural, geotechnical, electrical, coastal, environmental, etc.).

2. Every reasonable and legally permissible effort must be pursued to liberalize the process of securing building code approval for Like-forLike Disaster Rebuilds. As such, the City shall identify requirements of the building code that may impede the efficient, expeditious, and economical design and construction of Like-for-Like Disaster Rebuilds (especially where the property is on the beach or an area that has exhibited historical geological instability) and explore ways to overcome such impediments, such as, for example, eliminating the need for geotechnical analysis for Like-for-Like Disaster Rebuilds to be reconstructed on flat pads where pre-existing data provides a sufficient basis for the property owner’s geotechnical engineer to be satisfied respecting slope stability and other factors and the property owner is willing to assume the risk of an undetected issue. Additionally, efforts should be pursued to secure the Governor’s further relaxation of the building code for requirements that do not provide a real and necessary foundation for safety. Among other things, efforts must be pursued to permit residents to use pre-existing foundations and septic systems that were not destroyed by the Palisades Fire. And, if practicable, the process for obtaining proof of geological stability in previously developed areas of historic instability needs to be streamlined.

3. All improvements to the process of applying for and obtaining approval for the design and construction of Like-for-Like Disaster Rebuilds, which the CDD Director presented to the City Council at the Special Meeting of the City Council on October 15, 2025 shall be implemented in an expeditious manner, and the City Manager, or such other person the City Manager might designate, shall provide a status report to the City Council of the implementation of the improvements at each Regular Meeting of the City Council until such time as all such improvements have been implemented.

4. When dealing with an application respecting a Like-for-Like Disaster Rebuild, it is imperative that all members of the City Staff are singlemindedly focused on finding ways to facilitate the efficient, expeditious and economical construction of Like-for-Like Disaster Rebuilds. By the same token, when dealing with matters other than Like-for-Like Disaster Rebuilds, it also is imperative that the members of the City Staff remain committed to and focused on pursuing Malibu’s vision and mission of constraining development to preserve Malibu’s fragile rural nature.

5. Each Like-for-Like Disaster Rebuild shall be assigned to specific members of the City Staff who will be responsible for handling all aspects of the Like-for-Like Disaster Rebuild assigned to them that is within their area of expertise, and who must work in coordination with one another and not in a serial or separate manner, in order to provide continuous support, advocacy, and problem resolution throughout the process. Because Like-for-Like Disaster Rebuilds in different areas of Malibu will present different challenges, consideration should be given to dividing up the work among members of the City staff by the area in which the Like-for-Like Disaster Rebuilds are being pursued – i.e., on the beachfront, on a landslide area, on a stable hillside, on relatively flat property along the landside of PCH, etc. It also would be helpful for the City to employ or contract for the services of “case managers,” who can be tasked with the assignment of following all Like-for-Like Disaster Rebuilds from the time of initial submission to the issuance of a Certificate of Occupancy, and whose responsibilities will include interfacing with the member(s) of the City Staff working on the projects being followed by the case managers.

6. The CDD Director, or such person designated by the CDD Director, shall develop a written comprehensive checklist of items that City Staff is required to consider and address in the first pass of a completed PV, plan-check, or building permit application – such that an applicant will not be met with successive requests or qualifications (other than those created by changes made by the applicant following a review that does not result in an approval). There also must be a measurable time period between submission of a completed PV, plan-check or building permit application and approval or denial thereof, and any denial should be accompanied by a written explanation of all reasons for the denial.

7. Applicants for Like-for-Like Disaster Rebuild hall be permitted to obtain a PV for the structure(s) on their property separate from and prior to the submission and approval of a landscaping plan, geotechnical studies, drainage plan and/or erosion control plan. They also shall be able to obtain a building permit (but not a certificate of occupancy) separate from and prior to landscaping, Dark Skies, and other matters that do not impact the plan and construction of the main residence and other structures that predated the disaster that destroyed or substantially damaged their structure(s). For properties on the beach, applicants for a Like-for-Like Disaster Rebuild shall be permitted to obtain a PV and a building permit (but not a certificate of occupancy) without accounting for whether the rebuild will utilize an OWTS or a sewer connection, so long as the addition of either will not alter the plan and can be accomplished after the rebuild is otherwise completed.

8. Given the number of crucial decisions that need to be made corresponding to Like-for-Like Disaster Rebuilds, the CDD Director, or such other person as the CDD Director should designate, shall provide a progress report to the City Council at each Regular Meeting of the City Council and identify all outstanding issues of significance until they are resolved to the satisfaction of the City Council. The City shall establish targets, goals and metrics for reviews that are published and tracked to identify areas of continuous improvement.

PASSED, APPROVED and ADOPTED this __ day of _____, 2025. ________________________
Marianne Riggins, Mayor
ATTEST:
_______________________
Kelsey Pettijohn, City Clerk
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 25-
___ was passed and adopted by the City Council of the City of Malibu at the regular meeting held on the __ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Kelsey Pettijohn, City Clerk

Malibu City CouncilNovember 24, 2025

Malibu City Council
November 24, 2025