Agenda Item # 7.B.
Supplemental
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Candace Bond, Interim City Manager
Date prepared: November 20, 2025 Meeting date: November 24, 2025 Subject: General Plan Safety Element Update
RECOMMENDED ACTION: Receive an updated attachment to the General Plan Safety Element staff report.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PLAN IMPLEMENTATION: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The General Plan Safety Element staff report being heard at the November 24, 2025 Regular City Council Meeting includes four attachments, including a General Plan Safety Element Policy Framework. At the time of posting, only a draft was available. For ease of review, a clean version is now being provided.
ATTACHMENTS: General Plan Safety Element Policy Framework City Council Meeting
11-24-25
Item
7.B.
1 City of Malibu General Plan Safety Element
Update – Goals,Objectives, Policies, and
Actions Summary
EMERGENCY PREPAREDNESS
GOAL S-1: A COMMUNITY BETTER PREPARED FOR FUTURE EMERGENCIES.
Objective / Policy / Action
S-1.1 Ensure residents, employees, and visitors understand the risks within the community
S-1.1.1 Communicate existing and emerging risks to residents, businesses, and visitors from hazardous areas, where practicable.
S-1.1.2 Improve understanding of community risks by residents, businesses, and visitors through signage and educational materials.
Action S-1.1.2a Develop and maintain a development geo-hazard and coastal vulnerability database to incorporate findings from site specific and area hazard-related studies.
Action S-1.1.2b Develop and maintain an up-to-date list of appropriate media outlets to relay emergency information, such as early warnings and notification of threats to the community.
Action S-1.1.2c Educate and encourage both residents and local businesses to carry adequate insurance or maintain adequate resources to meet most emergencies.
Action S-1.1.2d Establish community health-education and safety-education programs, to include the need to prepare well ahead of time for emergency response and recovery.
S-1.1.3 Create and enhance an all-hazards outreach and education program prioritizing atrisk populations. Priority issues addressed should include:
a) Emergency Preparedness and Evacuation;
b) Seismic and Geologic Hazards;
c) Flood and Dam Failure Hazards;
d) Wildfire Hazards;
e) Severe Weather
f) Human-Caused Hazards; and
g) Climate Adaptation
Action S-1.1.3a As part of outreach and education programs, share updated maps and information with residents and businesses throughout the City.
S-1.2 Ensure City staff are able to plan, prepare, and respond to emergency situations efficiently and effectively.
S-1.2.1 Maintain and update as needed a comprehensive Emergency Operations Plan for response to all levels of emergency situations affecting the City.
Action S-1.2.1a Conduct annual trainings, exercises, and/or simulations to ensure that staff are properly prepared to support emergency management functions during an incident.
DRAFT
Attachment 1
2 Action S-1.2.1b Conduct emergency-response drills on a regular basis and periodically participate in Operational Area trainings and exercises and include city staff and stakeholders when appropriate.
S-1.2.2 The City shall cooperate to achieve efficient and prompt response by local agencies to those emergencies which require no outside help.
Action S-1.2.2a Support and encourage sufficient local staffing and equipment levels for first responder agencies and city services to ensure timely and wellcoordinated responses to calls for service and most emergency situations.
S-1.2.3 The City shall coordinate efficient utilization of emergency assistance provided by neighboring communities and county agencies under mutualaid response.
S-1.2.4 The City shall create, maintain, and coordinate with local volunteer agencies to enhance emergency assistance and response.
Action S-1.2.4a Continue to organize, train, and support the City of Malibu Community Emergency Response Team (CERT), to maintain trained and organized volunteers from the community capable of providing intelligence, communications, medical and logistic support to the professional health and safety organizations in emergency situations.
Action S-1.2.4b Continue to improve the area-wide, volunteer-manned emergency communication system.
Action S-1.2.4c Work with the Red Cross, other private agencies, and local, state and federal government agencies on disaster-preparedness education and training.
S-1.2.5 Ensure information about hazards or concerns, critical facilities, and vulnerable populations is periodically updated by the City.
Action 1.2.5a Map all existing and planned critical facilities in the City and categorize them based on function.
Action 1.2.5b In coordination of updates to planning documents (Emergency Operations Plan and Hazard Mitigation Plan, etc.), adopt and update as appropriate maps of existing and emerging hazards of concern.
S-1.2.6 The City shall provide effective and efficient law enforcement protection services to ensure effective emergency response.
Action S-1.2.6a Periodically evaluate Los Angeles County Sheriff's services and service criteria to ensure that the City continues to receive adequate law enforcement services.
S-1.2.7 Ensure communications capabilities meet current and future community needs and incorporate newer more effective technologies.
S-1.3 Minimize the impact to the emergency evacuation capability of the City.
S-1.3.1 Ensure new development, redevelopment, and major remodels do not diminish roadway capacity and evacuation capabilities and support future evacuations during emergencies.
S-1.3.2 Require all new developments and redevelopments within fire hazard DRAFT
severity zones provide a minimum of two points of access by means of 3 public roads that can be used for emergency vehicle response and evacuation purposes, where practicable.
Action S-1.3.2a Design and ensure all private roads are maintained to permit unrestricted emergency equipment and personnel access in compliance with the California Fire Code, adopted local ordinances, and Fire Safe Regulations.
Action S-1.3.2b Identify the feasibility of constructing additional emergency access improvements for existing developments that do not meet minimum road standards for emergency equipment, such as:
a) Additional vehicle pullouts at key hillside locations. b) Limiting or restricting on-street parking at key hillside locations and areas with inadequate road widths.
c) Potential for construction of new or improved emergency access routes.
d) Roadside clearance improvements.
S-1.3.3 Maintain functionality, make improvements, and expand the capacity, where feasible, of the existing emergency evacuation routes within the City, taking into account current and future natural and human-caused hazards.
Action S-1.3.3a Conduct public outreach and educational activities associated with emergency evacuation routes and procedures, prioritizing efforts towards vulnerable populations.
Action S-1.3.3b Prepare evacuation routes and disaster response plans for known hazards within the city.
Action S-1.3.3c Work with law enforcement agencies to develop techniques to improve local access during times of emergency.
Action S-1.3.3d Work with the appropriate jurisdictions to ensure that highways, roads, bike paths, foot paths, and trails are free of avoidable hazards.
S-1.3.4 In areas with inadequate access or without at least two evacuation routes, provide adequate mitigation actions to address the deficiencies required by the Fire Code and State law.
S-1.3.5 For residential developments in hazard areas that do not have at least two emergency evacuation routes, identify alternate evacuation options, implement earlier evacuation notifications, and develop protocols for future evacuations that consider the constraints associated with these areas.
GOAL S-2: A COMMUNITY THAT CAN QUICKLY RECOVER AFTER A HAZARD EVENT Objective / Policy / Action
S-2.1 Establish a coordinated post-disaster/ hazard event recovery framework.
S-2.1.1 Develop and maintain a post disaster/ hazard event recovery framework that guides short- and long-term recovery across housing, infrastructure, public health, and environmental restoration.
Action S-2.1.1a Adopt a local Post-Wildfire Recovery Plan as an appendix to the Emergency Operations Plan (EOP), consistent with the Local Hazard Mitigation Plan (LHMP).
DRAFT 4
Action S-2.1.1b Designate a Recovery Coordinator or assign a local recovery team responsible for interagency coordination and communication during wildfire recovery.
S-2.2 Promote resilient and safe rebuilding in post-fire areas.
S-2.2.1 Support rebuilding efforts that meet or exceed current wildfire resilience standards and reduce future hazard exposure.
Action S-2.2.1a Develop a "Resilient Rebuilding Checklist" with requirements for fire-resistant materials, compliance with Wildland Urban Interface (WUI) standards, and enhanced defensible space regulations.
Action S-2.2.1b Establish a streamlined permit process for rebuilding fire-damaged structures that meet enhanced resilience criteria.
Action S-2.2.1c Discourage rebuilding in the most hazardous areas identified in the Community Wildfire Protection Plan (CWPP) or Hazard Mitigation Plan unless risk reduction measures are in place.
S-2.3 Provide access to temporary and permanent housing after wildfires.
S-2.3.1 Facilitate rapid deployment of interim housing and the long-term replacement of lost housing, with a focus on vulnerable populations.
Action S-2.3.1a Pre-identify sites suitable for temporary housing in coordination with the Housing Element and disaster recovery agencies.
Action S-2.3.1b Encourage use of Accessory Dwelling Units (ADUs) and SB 9 lot-splits as flexible housing recovery tools.
Action S-2.3.1c Work with nonprofit and regional partners to provide wraparound services, rental assistance, and housing counseling for displaced residents.
S-2.4 Restore and protect public health and the environment during recovery.
S-2.4.1 Ensure that post-fire recovery addresses air and water quality, soil stability, debris, and hazardous waste management.
Action S-2.4.1a Coordinate with CalRecycle, CalEPA, and County Public Health to manage debris and hazardous materials after wildfires.
Action S-2.4.1b Implement erosion control, slope stabilization, and/ or replanting of native vegetation as deemed appropriate by the Fire Chief and Public Works Director in burned areas within 6-12 months of a wildfire.
Action S-2.4.1c Monitor and report post-wildfire environmental impacts, including air quality and surface water contamination, and incorporate findings into future planning efforts.
S-2.5 Prioritize equity and community engagement during the recovery process.
S-2.5.1 Ensure wildfire recovery services are inclusive and accessible, especially for low-income households, renters, seniors, and persons with disabilities.
Action S-2.5.1a Develop a wildfire recovery assistance program offering case management, translation services, and rebuilding resources for underrepresented communities.
Action S-2.5.1b Host community recovery meetings with language translation services responsive to the population and distribute recovery information in accessible formats within 30 days of a wildfire disaster declaration.
S-2.6 Leverage funding and partnerships to support recovery.
DRAFT 5
S-2.6.1 Actively pursue local, state, federal, and private funding to support wildfire recovery and resilience infrastructure.
Action S-2.6.1a Maintain eligibility for FEMA and Cal OES funding by keeping the Safety Element, Hazard Mitigation Plan, and Emergency Operations Plan updated and aligned.
Action S-2.6.1b Develop pre-approved applications and templates for commonly used postdisaster grant programs to accelerate access to recovery funding.
SEISMIC AND GEOLOGIC HAZARDS
GOAL S-3: A COMMUNITY BETTER PREPARED TO ADDRESS THE RISKS FROM NATURAL HAZARDS.
Objective / Policy / Action
S-3.1 Ensure seismic and geologic hazards are addressed to effectively protect structures and lives.
S-3.1.1 The City shall minimize the risks from landslides and debris flows.
Action S-3.1.1a Work with the residents of neighborhoods affected by landslides and debris flows to develop appropriate risk abatement programs.
S-3.1.2 Require new development/ redevelopment, and major remodels to provide for analyses of site safety related to potential hazards of fault rupture, seismic shaking, liquefaction, subsidence, soil erosion, seepage, and rockfalls.
S-3.1.3 Reduce the risk of impacts from geologic and seismic hazards by applying proper development engineering, building construction, and retrofitting requirements on new developments and major redevelopments.
Action S-3.1.3a Apply all restrictions and investigation requirements mandated by the State under the Alquist-Priolo Special Studies Zones Act for faults classified as "active" to development on properties crossed by or adjacent to the Malibu Coast Fault.
Action S-3.1.3b Require that soils, geologic and structural evaluation reports with appropriate mitigation measures be prepared by registered soils engineers, engineering geologists, and/or structural engineers and that all recommended mitigation measures be implemented.
Action S-3.1.3c To protect slope stability, restrict grading or development related vegetation clearance where the slope exceeds 2:1, except as required for fire safety, driveways and utilities and where there is no reasonable alternative.
Action S-3.1.3d Ensure water efficient landscaping plans in areas of landslide susceptibility minimize deep percolation and enhance slope stability.
Action S-3.1.3e Encourage research to study the effects of excessive ground water on surface erosion, earth movement, and groundwater "daylighting." Seek funding opportunities and resources to support this project including but not limited to: the Environmental Protection Agency (EPA) Water Research Grants Program, The U.S. Geological Survey (USGS) Water Resources Research Act Program, or the U.S Department of Agriculture (USDA) Conservation Innovation Grants.
S-3.1.4 Require that all city-owned and private critical facilities (hospitals/urgent care clinics, police and fire stations) be earthquake resistant designed for DRAFT
the effects of a maximum credible earthquake.
6 FLOOD HAZARDS
GOAL S-3: A COMMUNITY BETTER PREPARED TO ADDRESS THE RISKS FROM NATURAL HAZARDS.
Objective / Policy / Action
S-3.2 A community where impacts of flooding are minimized.
S-3.2.1 Require development to be consistent with minimum Federal Emergency Management Agency (FEMA) guidelines for flood plain management.
S-3.2.2 Collaborate with local/regional agencies to ensure that risks of flooding caused by upstream development are minimized.
S-3.2.3 Coordinate with the dam owners/operators and responsible jurisdictions to ensure that all dams in the Malibu watershed areas have regular safety inspections.
S-3.2.4 Encourage area residents to participate in the National Flood Insurance Program (NFIP).
Action S-3.2.4a Create and hold public educational workshops providing information on flood hazards in the City and participation in the National Flood Insurance Program.
FIRE HAZARDS
GOAL S-3: A COMMUNITY BETTER PREPARED TO ADDRESS THE RISKS FROM NATURAL HAZARDS.
Objective / Policy / Action
S-3.3 A community adapted to wildfire risks and hazards .
S-3.3.1 The City shall minimize the risk of loss to life and property from wildfire by reducing wildfire vulnerability where possible.
Action S-3.3.1a Continue to monitor and update the Malibu Community Wildfire Protection Plan, including the identification of fire hazards, assessing acceptable levels of cost and risk, and determining appropriate fire protection programs.
Action S-3.3.1b Work with other agencies including but not limited to Los Angeles County Fire Department (Los Angeles County Fire Department), Ventura County Fire Department, and California Department of Forestry and Fire Protection (CAL FIRE), to ensure effective and efficient fire suppression, prevention and rescue services.
Action S-3.3.1c Coordinate with Los Angeles County Fire Department and CAL FIRE to establish programs and guidelines for fire-safe landscaping including buffers comprised of fire resistant vegetation between residential areas and open space areas and encourage use of fire-safe landscaping principles which emphasize plant species with low fuel volumes.
Action S-3.3.1d Work with the Los Angeles County Fire Department to adopt a program for controlled burning of combustible vegetation, based on the recommendations of the responsible forestry and fire-protection official.
Action S-3.3.1e Work with the Los Angeles County Fire Department to enforce code requirements for flammable brush clearance, and reduction of flammable vegetation, including both native plants and ornamental landscaping.
Action S-3.3.1f Work with appropriate agencies to assure sufficient stored water and consider nonmonetary incentives for on-site or area-wide shared storage water suitable to meet effective firefighting standards and requirements .
DRAFT 7
Action S-3.3.1g Work with Los Angeles County Fire Department to establish standards for firefighting equipment access suitable for Malibu.
Action S-3.3.1h Develop and update as necessary an Evacuation Master Plan for the City which identifies streets available to serve as wildfire escape routes, potential hazard incidents, and criteria regarding capacity, safety, and viability.
Action S-3.3.1i Coordinate with Los Angeles County Fire Department and CAL FIRE to develop guidelines and standards for all new construction and remodel structures to utilize fire-resistant building materials and designs, and, if feasible, to be sited to minimize fire hazards.
Action S-3.3.1j Provide South Coast Air Quality Management District regional wind patterns maps to homeowners, architects and contractors to help them plan development siting and design that minimizes fire hazards.
Action S-3.3.1k Coordinate with the Los Angeles County Fire Department to provide on-site fire safety inspections of individual homes, when requested by resident or owner, and advise homeowners on the most current programs/policies within the City and County, to help minimize fire hazards while maintaining slope stability and appropriate vegetation.
Action S-3.3.1l Develop, encourage, and support volunteer neighborhood watch and arson prevention programs.
Action S-3.3.1m Develop a permanent, ongoing homeowner watershed area management plan to reduce fire hazards while maintaining appropriate vegetation that will stabilize the watershed and control the flow of water from it. Application of such plan in Resource Protection Areas shall be subject to review and approval for compliance with resource protection requirements.
Action S-3.3.1n Work with water service providers and Los Angeles County Fire Department, to identify neighborhoods with inadequate flow from fire hydrants, and to upgrade deteriorated and undersized water-distribution systems.
Action S-3.3.1o Work with jurisdictions within the Planning Area to ensure that all public water storage facilities have an emergency power supply for their pumps, or gravity-driven water distribution systems.
Action S-3.3.1p Require smoke detectors, carbon monoxide alarms, and fire sprinkler systems in all new residential developments.
Action S-3.3.1fq Reassess fire hazards after wildfire events to adjust short- and long-term fire prevention and suppression needs.
S-3.3.2 Work with the Los Angeles County Fire Department to ensure that communities address the following wildfire risk within fire hazard severity zones:
a) Identify building and site design methods or other methods to minimize damage if new structures are located in fire hazard severity zones on undeveloped land and when rebuilding after a fire.
b) Require ongoing brush management to minimize the risk of structural damage or loss due to wildfires.
c) Provide and maintain water supply systems to supplies for structural fire suppression.
d) Provide adequate fire protection.
Action S-3.3.2a Assess site constraints when considering land use designations near wildlands to avoid or minimize wildfire hazards as part of land use update or amendment.
Action S-3.3.2b Establish ongoing maintenance and funding for vegetation management and brush clearance along city-maintained roads, open space areas, and fire breaks.
Action S-3.3.2c Implement brush management along City maintained roads in fire hazard severity DRAFT
zones adjacent to open space and canyon areas.
8 Action S-3.3.2d Maintain up-to-date maps depicting fire hazard severity zones and historical wildfire data and ensure that information is readily accessible to the public.
Action S-3.3.2e Maintain access (ingress and egress) for fire apparatus vehicles along public streets in fire hazard severity zones for emergency equipment and evacuation.
S-3.3.3 Development proposed in wildfire-prone areas shall incorporate fire safe design and adhere to the latest fire safe regulations adopted by the State and City.
S-3.3.4 Require development to be located, designed, and constructed to provide adequate fire defensibility and minimize the risk of structural loss and life safety.
S-3.3.5 Require development located near ridgelines, top of slopes, saddles, or topography prone to wildfire hazards to be located and designed to account for the increased risk.
Action S-3.3.5a Design developments to minimize pockets, peninsulas, or islands of flammable vegetation to reduce fire susceptibility.
S-3.3.6 Require new developments and major redevelopments to conform to contemporary fire safe standards related to road standards and vegetative hazards.
Action S-3.3.6a Develop, implement, and maintain a public outreach program educating the community about contemporary fire safe standards, and wildland fire preparedness.
S-3.3.7 Require all new development and redevelopment after a fire to meet current Fire Code requirements. Incorporate fire safe design into new development within fire hazard severity zones, which should include but not be limited to:
a) Locate, design and construct development to provide adequate defensibility and minimize the risk of structural and human loss from wildland fires. b) Design development on hillsides and canyons to reduce the increased risk of fires from topography features (i.e., steep slopes, bluffs, and ridge slopes). c) Administer state vegetation management requirements for new and existing developments.
d) Design and maintain public and private streets for adequate fire apparatus vehicle access (ingress and egress).
e) Install and maintain visible street signs, and necessary water supply for structural fire suppression.
f) Provide and maintain adequate fire breaks where feasible or identify other methods to slow the movement of a wildfire in very high fire hazard severity zones.
g) Ensure long-term maintenance of vegetation management activities is accounted for in budgeting and planning throughout the City. h) Areas identified as susceptible to brush or wildfire hazard, provide construction standards to reduce structural susceptibility and increase protection. In addition, require onsite detection and suppression, including automatic sprinkler systems.
i) Encourage owners of non-sprinklered properties in wildland-urban interface areas and fire hazard severity zones to retrofit their buildings and include internal fire sprinklers.
j) As appropriate, site and design new development to avoid the need to extend fuel modification zones into sensitive habitat, where feasible. k) Adopt, amend or maintain the Fire Hazard Severity Zone Map and applicable Wildland Urban Interface Code Standards through periodic updates and ensure alignment with City documents such as but not limited to; the Community Wildfire Protection Plan, General Plan Safety Element, and the Local Hazard Mitigation Plan.
l) Incorporate all of the previous requirements into any new or updated Fire DRAFT
Protection Plans to maintain consistency.
9 S-3.3.8 Require development to provide additional access roads when necessary to provide for safe access of emergency equipment and civilian evacuation concurrently.
S-3.3.9 Require all new, remodeled, or rebuilt structures to meet current ignition resistance construction codes and establish and enforce reasonable and prudent standards that support retrofitting of existing structures in high fire threat areas.
S-3.3.10 Require new essential public facilities within fire hazard severity zones to adhere to the latest construction requirements and best management practices within fire prone areas to minimize risk to these facilities.
S-3.3.11 New development and major redevelopment located within a Fire Hazard Severity Zone shall provide a Fire Protection Plan which meets the minimum standards as required by the State of California, County of Los Angeles, and the Los Angeles County Fire Department.
S-3.3.12 Require brush clearance around structures consistent with the City of Malibu and Los Angeles County Fire Department Fire Code and California Fire Safe Regulations.
Action S-3.3.12a Provide information for and encourage the removal of dead, dying, and diseased trees on developed properties.
S-3.3.13 New development near or within environmentally sensitive habitat areas and habitat buffers shall be sized, sited, and designed to minimize the impacts of fuel modification and brush clearance activities to the extent feasible Action S-3.3.13a Coordinate with neighboring jurisdictions to develop strategic fire plans focusing on fuel management/ modification within established defensible spaces, balancing structure protection with native vegetation, and sensitive habitat preservation.
S-3.3.14 Advocate and support regional coordination among fire and protection service providers to improve fire protection and maximize service levels in a fair, efficient, and cost-effective manner.
Action S-3.3.14a Coordinate with local, state, and federal fire protection agencies with respect to fire suppression, rescue, mitigation, training, and education.
Action S-3.3.14b Coordinate with local, state, and federal agencies to update emergency, evacuation, and hazard mitigation plans, as necessary.
Action S-3.3.14c Coordinate with local, state, and federal agencies to develop emergency services training and education goals, policies, and standards
Action S-3.3.14d Coordinate with local, state, and federal agencies to ensure adequate training is provided to first responders and emergency services personnel Action S-3.3.14e Coordinate with fire services providers to improve fire protection services for multistory construction.
S-3.3.15 Require and maintain adequate setbacks, easements, and accesses, to ensure that emergency services can function.
S-3.3.16 Require all planned development and major redevelopment has adequate fire and emergency services.
Action S-3.3.16a Analyze new development impacts on emergency services funding and develop new funding sources, if needed
Action S-3.3.16b Coordinate with the Los Angeles County Fire Department to ensure adequate emergency services staffing, facilities, and equipment is available to serve existing and future development.
Action S-3.3.16c Coordinate with Los Angeles County Fire Department to develop and periodically update an Emergency Services Master Plan that details staffing, facilities, and equipment needs. Updates should periodically assess future emergency services needs for the City.
S-3.3.17 Require adequate water supplies and infrastructure are available for current and future development.
DRAFT 10
S-3.3.18 Ensure that adequate water storage and capacity are available to meet daily demand and fire flow requirements.
S-3.3.19 Coordinate and ensure adequate infrastructure for new development related to:
a. Water supply and fire flow.
b. Location of anticipated water supply.
c. Maintenance and long-term integrity of water supplies. d. Evacuation and emergency vehicle access.
e. Fuel modification and defensible space.
f. Vegetation clearance maintenance on public and private roads. g. Visible home and street addressing and signage.
CLIMATE ADAPTATION
GOAL S-3: A COMMUNITY BETTER PREPARED TO ADDRESS THE RISKS FROM NATURAL HAZARDS.
Objective / Policy / Action
S-3.4 A community where hazards from weather related events are minimized.
S-3.4.1 Require buildings and developments exposed to high wind conditions to incorporate design elements and features that minimize or reduce damage to people, structures, and the community.
S-3.4.2 Ensure city operations and the community are informed about heat risk during extreme heat events.
Action S-3.4.2a Maintain a heat vulnerability index and use it in prioritizing capital projects and neighborhood investments.
Action S-3.4.2b Operate and maintain cooling centers in underserved neighborhoods during heat emergencies and publicize their locations widely
Action S-3.4.2c The city will conduct public outreach to inform residents of heat risks each summer and collaborate with local health agencies to support vulnerable populations.
S-3.4.3 Ensure new multi-family development, non-residential, and single-family residential subdivision developments shall plant street trees at appropriate intervals to increase shade and canopy cover.
S-3.4.4 Promote the use of increased shading, light colored-paving, and pervious surfaces.
S-3.4.5 Require heat mitigation plans as part of project review for all new developments, showing shading, ventilation, and surface treatment strategies Action S-3.4.5a Implementation of heat mitigation measures shall prioritize nature based solutions to improve tree cover, cooling resources, and infrastructure capacity to address extreme heat impacts.
S-3.4.6 Coordinate with utility providers to reduce blackouts and public safety power shutoff events.
Action S-3.4.6a Provide timely communication regarding power constraints and public safety power shutoff events to residents and businesses.
Action S-3.4.6b Explore and encourage alternative power sources and power infrastructure including micro-grids and battery backup systems.
S-3.5 A community prepared for future climate related impacts.
S-3.5.1 Support regional and subregional efforts to adapt current water supply practices in DRAFT
anticipation of reduced water availability due to the effects of climate change. 11 S-3.5.2 Collaborate with local, regional, state, and/or federal jurisdictions and agencies on climate resiliency and adaptation strategies in the city.
Action S-3.5.2a Develop a climate resiliency plan that integrates and builds upon the strategies identified in the General Plan, Climate Action Plan, and Vulnerability Assessment.
S-3.5.3 Monitor climate change-related effects with local, regional, state, and/or federal partners to provide information about the effectiveness of existing infrastructure and programs within the city.
Action S-3.5.3a Establish a collaborative framework with partners at various levels of government and local community organizations. A comprehensive approach includes setting shared goals, collecting localized data, and regularly evaluating the effectiveness of resilience and adaptation efforts.
Potential partners could include but not be limited to:
• Local Community-Based Organizations (CBOs),
• Research and Academic Institutions,
• Local Cities and Counties,
• Regional Planning Organizations Like Southern California Association Of Governments (SCAG),
• Governor’s Office Of Land Use And Climate Innovation (LCI), • California Department Of Public Health,
• National Oceanic And Atmospheric Administration (NOAA), And • Environmental Protection Agency (EPA).
S-3.5.4 Coordinate with regional, state, and federal agencies to monitor the indicators and impacts of climate change as they relate to the city.
Action S-3.5.4a Monitor and periodically update the following City plans and mapping as required to include the most up to date climate adaptation resiliency strategies and information within the City:
a) Las Virgenes-Malibu Council of Governments MJHMP - to incorporate new information related to climate change, as necessary.
b) The City if Malibu Climate Action Plan - focuses on climate mitigation and generally addresses climate adaptation.
c) The City if Malibu Vulnerability Assessment - integrates climate adaptation and hazard mitigation information and analysis.
SHORELINE PROTECTION
GOAL S-3: A COMMUNITY BETTER PREPARED TO ADDRESS THE RISKS FROM NATURAL HAZARDS.
Objective / Policy / Action
S-3.6 A community resilient to changing coastal conditions.
S-3.6.1 Require development to provide for safety from coastal storm flooding, coastal erosion, surfacing septic effluent, sea level rise, and tsunami.
Action S-3.6.1a Design coastal development, except supporting structure, to be above the wave uprush level for storms within the past 100 years, above the 100-year flood plain, and consistent with the latest state and federal guidance and regulations regarding sea level rise.
Action S-3.6.1b Complete coastal morphology studies and establish shoreline construction standards.
DRAFT 12
Action S-3.6.1c Study the effects of seawalls, groins and revetments on beach erosion, consistent with the latest state and federal guidance and regulations regarding sea level rise.
Action S-3.6.1d Require that proposed coastal development exposed to ocean waters, including but not limited to potentially heavy tidal or wave action, be sited landward of state-owned tidelands and be further sited so as not to cause a potential nuisance, hazard to navigation, public safety problem, or interference with the public's right in the navigable waters.
Action S-3.6.1e Continue to require a coastal engineering report for all proposed revetments, seawalls, cliff retaining walls and other such construction proposed to protect existing structures to ensure that the structure is constructed utilizing the least environmentally damaging method.
S-3.6.2 Ensure the latest state and federal guidance and regulations regarding sea level rise impacts are considered during planning and development.
Action S-3.6.2a Implement the recommended actions identified in the Coastal Vulnerability Assessment to address sea-level rise impacts.
S-3.6.3 Participate in a tsunami warning system.
HAZARDOUS MATERIALS AND WASTES
GOAL S-4: A COMMUNITY BETTER PROTECTED AGAINST HUMAN-CAUSED HAZARDS (HAZARDOUS MATERIALS RELEASE).
Objective / Policy / Action
S.4.1 Minimize the impact from hazardous materials and accidental release in the City.
S-4.1.1 Ensure hazardous materials release programs are up to date and effectively implemented by the City.
Action S-4.1.1a Work with trash haulers and Los Angeles County Fire Department to provide for the proper collection and disposal of hazardous wastes.
Action S-4.1.1b Work with Los Angeles County Fire Department to ensure compliance with the Hazardous Materials Disclosure Law.
S-4.1.2 Continue to maintain and hold the bi-monthly Malibu Roundups, a household hazardous waste (HHW) and electronic waste (E-Waste) disposal program, which enables residents to bring material to a centralized collection facility (City Hall) for proper disposal.
Action S-4.2.1a Develop an informative campaign promoting Malibu Roundups, and hold educational workshops/events teaching residents and businesses of the City about the safe handling, storage, use, disposal, and alternatives to use of hazardous materials.
Action S-4.2.1b Coordinate with federal, state and county resources on potential hazardous materials DRAFT
sites to support identification, analysis, and cleanup if needed. 13
Agenda Item # 7.C.
Council Agenda Report
To: Mayor Riggins and Honorable Members of the City Council Prepared by: Tyler Eaton, Assistant Community Development Director Reviewed by: Yolanda Bundy, Community Development Director Approved by: Candace Bond, Interim City Manager
Trevor Rusin, Interim City Attorney
Date prepared: November 14, 2025 Meeting date: November 24, 2025 Subject: Amendment to the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) Modifying Standards Related to Beachfront Total Development Square Footage and Establishing a Beachfront Definition
RECOMMENDED ACTION: 1) Adopt Resolution No. 25-56 initiating amendments to the Local Coastal Program (LCP) and Title 17 (Zoning) of the Malibu Municipal Code (MMC) modifying standards related to beachfront total development square footage (TDSF), clarifying the definition of beachfront lots, and addressing related issues; 2) Direct staff to schedule a meeting with the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES); and 3) Direct the Planning Commission to schedule a public hearing regarding the same following the ZORACES recommendation.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List. At the Council’s direction, this project can be brought back at a future Strategic Planning meeting for prioritization.
DISCUSSION: Pursuant to LCP Local Implementation Plan Section19.2.1(A) and MMC Section 17.74.040, a change in the text of the Malibu LCP or the Zoning Ordinance (MMC Title 17) must be initiated by the Council through a resolution of intention. The resolution gives notice that the Council will consider changes to the code and directs the Planning Commission to hold a public hearing, which is also required by the MMC and LCP, to make a recommendation.
City Council Meeting
11-24-25
Item
7.C.
Agenda Item # 7.C.
The Council is limited to the issues reasonably within the scope of the notice. In this resolution, the City Council is announcing its intent to consider changes to MMC Title 17 and to the LCP to modify standards related to beachfront TDSF, clarifying the definition of beachfront lots within the LCP and MMC, and addressing related issues.
The City Council directed staff to bring forth a resolution initiating amendments to the LCP and MMC related to beachfront properties and TDSF. The initiated amendments will consider limits on TDSF for beachfront properties, and bring forth proposed changes to the LCP and MMC addressing the development standards for these properties.
STAFF FOLLOW-UP: If approved, staff will prepare a staff report and proposed ordinance, including any environmental review required, schedule a meeting for ZORACES, and notice the matter for public hearing before the Planning Commission following a recommendation from ZORACES.
ATTACHMENT: Resolution No. 25-56
Attachment 1
RESOLUTION NO. 25-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
INITIATING AMENDMENTS TO THE LOCAL COASTAL PROGRAM AND
TITLE 17 (ZONING) OF THE MALIBU MUNICIPAL CODE TO MODIFY
STANDARDS RELATED TO BEACHFRONT TOTAL DEVELOPMENT
SQUARE FOOTAGE, CLARIFYING THE DEFINITION OF BEACHFRONT
LOTS, AND ADDRESSING RELATED ISSUES
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. On January 7, 2025, the Palisades Fire impacted over 700 structures in Malibu, including over 300 beachfront properties, leaving residents with an urgent need to rebuild. The Governor of California has declared the event a State of Emergency and the President of the United States has declared the event a Federal Emergency.
B. In the interest of facilitating the timely recovery and reconstruction of the more than 300 beachfront properties damaged or destroyed by the Palisades Fire, and in recognition of the need to provide clear, consistent standards for rebuilding, these amendments are necessary to remove regulatory ambiguity and support the community’s long-term recovery.
SECTION 2. Initiation.
Pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Chapter 19 and Malibu Municipal Code (MMC) Chapter 17.74, the City Council hereby initiates amendments to the LCP and Title 17 (Zoning) of the MMC to modify standards related to beachfront total development square footage (TDSF), clarify the definition of beachfront lots, and addressing related issues and directs staff to issue a Notice of Availability consistent with LIP section 19.3.1.
SECTION 3. ZORACES.
The Zoning Ordinance Revisions and Code Enforcement Subcommittee is hereby directed to conduct a meeting on the subject of beachfront TDSF, clarifying the definition of beachfront lots, and addressing related issues. Following the meeting, ZORACES shall recommend to the Planning Commission whether it should approve, modify or deny the proposed amendments. The ZORACES recommendation shall be written and distributed to the Planning Commission and City Council.
SECTION 4. Planning Commission Hearing.
The Planning Commission is hereby directed to conduct a duly noticed public hearing in accordance with the provisions of LIP Chapter 19 and MMC Chapter 17.74. Following the public hearing, the Planning Commission shall recommend to the City Council whether it should approve, modify or deny the proposed amendment. The Planning Commission's recommendation shall be made by resolution carried by the affirmative vote of not less than the majority of the entire Planning Commission.
Resolution No 25-56
______________________
SECTION 5. The City Council hereby initiates code amendments to modify standards related to beachfront total development square footage (TDSF), clarify the definition of beachfront lots, and addressing related issues.
SECTION 6. This Resolution shall become effective immediately upon its passage and adoption.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this __th day of ____ 2025. _____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Agenda Item # 7.D.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Community Development Director Rob DuBoux, Public Works Director/City Engineer
Approved by: Candace Bond, Interim City Manager
Trevor Rosin, Interim City Attorney
Date prepared: November 7, 2025 Meeting date: November 24, 2025 Subject: Professional Services Agreements for Rebuild Consulting Services RECOMMENDED ACTION: A) Authorize the Mayor to execute individual Professional Services Agreements for Fire Recovery and Rebuild Consulting Services for the following consulting firms:1) 4LEAF, Inc.; 2) Bureau Veritas North America, Inc.; 3) California Coastal Works, LLC.; 4) Casswell Consulting Inc.; 5) CJ Biomonitoring Inc.; 6) CSG Consultants Inc.; 7) Envicom, Inc.; 8) Fox Onsite Solutions, Inc.; 9) Interwest Consulting Group, Inc.; 10) Iris Consulting, Inc.; 11) Kimley-Horn and Associates, Inc.; 12) Michael Baker International; 13) Moffat & Nichol, Inc.; 14) NV5, Inc.; 15) Premium Planning Solutions, Inc.; 16) Rincon Consultants, Inc.; 17) True North Compliance Services, Inc.; 18) VCA Consultants; and B) Authorize the City Manager or designee to amend any of the approved agreements if necessary for compliance with the requirements or recommendations of the California Office of Emergency Services (CalOES) and/or Federal Emergency Management Agency (FEMA) and/or any other governmental agency, in a form approved by the City Attorney.
FISCAL IMPACT: No additional appropriation is required. The agreements are for a fouryear term and will occur over five fiscal years. Funding for the first year of these agreements are included in the Adopted Budget for FY 2025-26 in Account Nos. 102- 3102-5100-02 (Fire Rebuilds – Planning), 102-3102-5100-03 (Fire Rebuilds – Building Safety), and 102-3102-5100-04 (Fire Rebuilds – Public Works). Subsequent adopted budgets will include the remaining funding required for these agreements and services.
Funding for these services may qualify for FEMA and CalOES reimbursement based on the existing Major Disaster Declaration for the Palisades Fire.
City Council Meeting
11-24-25
Item
7.D.
Agenda Item # 7.D.
The City submitted a grant application in the amount of $14.6 million to CalOES for FEMA’s Hazard Mitigation Grant program. When awarded, this grant will be for a period of four years. As such, staff prepared these agreements for a 4-year term. The HMGP covers 75% of the approved project’s cost. The City is responsible for covering the remaining 25% using non-federal sources such as City revenue derived from development review applications. Staff will remain within the approved budget and will adjust service levels and purchase orders as necessary to align with available funds.
Execution of these agreements does not obligate the City to expend the total contract compensation or not-to-exceed amounts. Each contract contains a termination clause that allows the City to discontinue services if funds are unavailable or the services are no longer required. Agreements without defined compensation limits will be managed through individual purchase orders issued based on actual service needs.
The City Council will reassess all consultant allocations as part of the Fiscal Year 2026- 2027 budget hearings to ensure that expenditures remain fiscally responsible and in compliance with reimbursement requirements.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List. However, providing recovery and rebuild services after disasters is an immediate and top priority and these contracts are necessary to maintain the City's fundamental operations and to facilitate the recovery process.
DISCUSSION: After the Palisades Fire, the City entered into numerous emergency agreements for rebuild and recovery efforts. Since that time the City has applied for FEMA Public Assistance funding to recover expenditures resulting from the disaster. On September 15, 2025, the City submitted a grant application for FEMA’s HMGP that is administered through CalOES. This grant will cover the City’s expenses during the recovery process, including operating the City’s Rebuild Center, staff time, and associated consultant costs.
To ensure eligibility for reimbursement, for all services rendered, the City must abide by federal procurement standards outlined in 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). These regulations require that all contracts for services funded in whole or in part with federal assistance be procured in a full and open, competitive manner.
On August 8, 2025, the City released an RFQ for Fire Recovery and Rebuild Consulting Services. On September 30, 2025, the City received 30 proposals. During the week of October 6, 2025, ten staff members reviewed and evaluated the 30 proposals comprising of multiple disciplines. Qualified consultants were invited to interview on October 23, 2025, to a panel of City staff. Based upon the consultant’s qualifications to perform the work
Agenda Item # 7.D.
needed, City staff identified 18 consultants to support implementation of the City’s postwildfire disaster efforts. The procurement process followed established competitive procedures to ensure transparency and compliance with federal requirements. All procurement documentation is being retained by staff to ensure transparency and compliance. The City aimed to ensure that the procurement process attracted the maximum number of qualified consultants, minimizing conflicts of interest and avoiding any appearance of bias. This proactive approach safeguards the City’s eligibility for FEMA reimbursement, promotes transparency and competition, and positions the City for efficient disaster recovery operations. A list of proposals received is attached hereto as Attachment 19.
Below is a list of the recommended consultants for the following services:
Planning
4Leaf, Inc.
California Coastal Works, LLC.
Casswell Consulting, Inc.
CSG Consultants, Inc.
Interwest Consulting Group, Inc.
Michael Baker International, Inc.
Premium Planning Solutions, Inc.
Biological Services
CJ Biomonitoring, Inc.
Envicom, Inc.
Arborist Services
Envicom, Inc.
Code Enforcement
VCA Consultants
Environmental Services
NV5, Inc.
Rincon Consultants, Inc.
Software Development
Iris Consulting, Inc.
Building Safety Services
4Leaf, Inc.
Bureau Veritas North America, Inc.
CSG Consultants, Inc.
True North Compliance Services, Inc.
Geotechnical
4Leaf, Inc.
NV5, Inc.
Coastal Engineering
Moffat & Nichol, Inc.
Environmental Health
Fox Onsite Solutions, Inc.
NV5, Inc.
Public Works
Kimley-Horn and Associates, Inc
It is recommended that the City Council authorize the Mayor to execute agreements with the selected firms to meet operational demands posed by the disasters. The City’s current staffing levels are not sufficient to handle the City’s typical volume of project applications and all the anticipated volume of fire rebuild applications. Therefore, utilizing contract
Agenda Item # 7.D.
services is essential to ensure timely and effective recovery operations and to maintain eligibility for reimbursement.
ATTACHMENTS:
1. Professional Services Agreement with 4Leaf, Inc.
2. Professional Services Agreement with Bureau Veritas North America, Inc.
3. Professional Services Agreement with California Coastal Works, LLC
4. Professional Services Agreement with Casswell Consulting, Inc.
5. Professional Services Agreement with CJ Biomonitoring, LLC
6. Professional Services Agreement with CSG Consultants, Inc.
7. Professional Services Agreement with Envicom, Inc.
8. Professional Services Agreement with Fox Onsite Solutions, Inc.
9. Professional Services Agreement with Interwest Consulting Group, Inc.
10. Professional Services Agreement with Iris Consulting, Inc.
11. Professional Services Agreement with Kimley-Horn and Associates, Inc.
12. Professional Services Agreement with Michael Baker International, Inc.
13. Professional Services Agreement with Moffat & Nichol, Inc.
14. Professional Services Agreement with NV5, Inc.
15. Professional Services Agreement with Premium Planning Solutions, Inc.
16. Professional Services Agreement with Rincon Consultants, Inc.
17. Professional Services Agreement with True North Compliance Services, Inc.
18. Professional Services Agreement with VCA Consultants, Inc.
19. List of Proposals Received
Attachment 1
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 Bureau Veritas North America, a Delaware 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.
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.
Attachment 2
Agreement for Professional Services
Bureau Veritas North America
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.
If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for Agreement for Professional Services
Bureau Veritas North America
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.
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.
Agreement for Professional Services
Bureau Veritas North America
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.
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.
Agreement for Professional Services
Bureau Veritas North America
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.
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 Agreement for Professional Services
Bureau Veritas North America
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.
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 Agreement for Professional Services
Bureau Veritas North America
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: Craig Baptista
Interim City Manager Vice President – West Region
City of Malibu Bureau Veritas North America,
Inc.
23825 Stuart Ranch Road 600 N. Rosemead Blvd., Ste
233
Malibu, CA 90265-4861 Pasadena, CA 91107
TEL (310) 456-2489 x 226 TEL (916) 514-5616
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 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 Agreement for Professional Services
Bureau Veritas North America
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 ______
CB CB
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This Agreement is executed on _____________________, at Malibu, California, and effective as of November 24, 2025.
CONSULTANT:
Bureau Veritas North America, a Delaware corporation
___________________________________
By: Craig Baptista, Vice President – West Region
CITY OF MALIBU:
___________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Craig Baptista
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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
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.
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.
PLANREVIEWBILLINGSTRUCTURE PERCENTAGE
Percentage ofCity’s Collected Fees-Includesinitialplan reviewand (2)subsequent reviews. Additional reviews if required, review of ASI, RFI and of changes after approval to be invoiced hourly. Fee includes shipping and courier charges where applicable. 65%
StructuralOnlyPlan Review 40%
Electrical,Plumbing, or Mechanical Plan Review 65%
Grading,Drainage and Erosion ControlPlan Review 65%
HOURLYRATES
PERSONNELCLASSIFICATIONS HOURLYBILLINGRATE
Project Manager/Fire Protection Engineer $155.00
Plan CheckLead $150.00
Sr.Plan ReviewEngineer/StructuralEngineer $150.00
Plan Review Engineer (Off-site) $115.00
Plan Review Engineer (On-site) $130.00
Senior Inspector $130.00
Inspector $115.00
Permit Technician (Off-site) $75.00
Permit Technician (On-site) $90.00
Marketing and Outreach $135.00
Public Works Engineer (Civil) $160.00
EngineeringTechnician $120.00
Administrative Support (Off-site) $70.00
Administrative Support(On-site) $85.00
Fire Plans Examiner $135.00
GISSpecialist $145.00
Environmental and HSEServices (*Minimum 2 hour charge) $80.00* Agreement for Professional Services
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CONSTRUCTION INSPECTORRATES
PERSONNELCLASSIFICATIONS HOURLYBILLINGRATE
Inspector w/ SpecialInspector Certifications $225.00 - $280.00 Inspector $195.00 -$250.00
ADDITIONALSERVICES
DATAANDTECHNOLOGY HOURLYBILLINGRATE
TechnologyIntegration Specialist $137.00
Database Manager $132.00
MappingSpecialist $127.00
Data Processing Analyst / Administrator $127.00
ENGINEERING / FIELD SERVICES HOURLY BILLING RATE
ElectricalEngineer $190.00
Stormwater/ Drainage Engineer $150.00
Senior Surveyor $190.00
SeniorConstruction Manager $160.00
UAV / DRONE OPERATIONS HOURLY BILLING RATE
Drone Operations Manager $165.00
ChiefUAS Pilot &Sensor Operator $150.00
Field Safety Officer $132.00
Senior UAS Pilot $350.00
Visual Observer $115.00
PLANNING SERVICES DRONE OPERATIONS MANAGER HOURLY BILLING RATE Senior Planner $180.00
Planner $165.00
Associate Planner $150.00
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.
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.
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• 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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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.” (e) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Agreement for Professional Services
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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 subcontractors are not in compliance during the term of this Agreement.
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(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 person who fails to file the required certification shall be subject to a civil penalty of Agreement for Professional Services
Bureau Veritas North America
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). (2) Telecommunications or video surveillance services provided by Agreement for Professional Services
Bureau Veritas North America
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 tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
Agreement for Professional Services
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(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.”
Holder Identifier : 7777777707070700077763616065553330762716556204557707552126763517310072640477147231020772405557067455207526411772670112075262371364323300714423757223671207304011352270130077727252025773110777777707000707007 6666666606060600062606466204446200622222406024022206202004042260002060002042622600220622200404204202006222004042060200060220042422622200622222426024022006222004240020402066646062240664440666666606000606006 Certificate No : 570110004262
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
12/23/2024
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Aon Risk Services Northeast, Inc.
Aon Risk Services Northeast, Inc.
NY NY Office
One Liberty Plaza
165 Broadway, Suite 3201
New York NY 10006 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
866-283-7122
INSURED INSURER A: Hartford Fire Insurance Co. 19682
INSURER B: Allianz Global Risks US Insurance Co. 35300
INSURER C: Trumbull Insurance Company 27120
INSURER D:
INSURER E:
INSURER F:
FAX
(A/C. No.): (800) 363-0105
CONTACT
NAME:
Bureau Veritas North America, Inc.
180 Promenade Circle, Suite 150
Sacramento CA 95834 USA
COVERAGES CERTIFICATE NUMBER: 570110004262 REVISION NUMBER:
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. Limits shown are as requested
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
X
X
X X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$1,000,000
$10,000
$2,000,000
$2,000,000
$2,000,000
B 01/01/2025 01/01/2026
SIR applies per policy terms & conditions
USL00159325
PROJECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$2,000,000 A 01/01/2025 01/01/2026
AOS
COMBINED SINGLE LIMIT
(Ea accident)
10 AB S41202
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
UMBRELLA LIAB
RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
C 01/01/2025 01/01/2026 PER STATUTE
See State Policy Addendum
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
10WNS41200
USF00248025 01/01/2025 01/01/2026 Each Claim
Claims Made Aggregate $1,000,000
Architects & Engineers
Professional
B
SIR applies per policy terms & conditions
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability policies.
City of Malibu, its officers and employees are included as Additional Insured in accordance with the policy provisions of the General Liability policy.
CERTIFICATE HOLDER CANCELLATION
City of Malibu AUTHORIZED REPRESENTATIVE
23825 Stuart Ranch Rd.
Malibu CA 90265 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Workers Compensation/Employers Liability
AGENCY CUSTOMER ID:
ADDITIONAL REMARKS SCHEDULE
LOC #:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE:
CARRIER NAIC CODE
POLICY NUMBER
AGENCY NAMED INSURED
See Certificate Number:
See Certificate Number:
Aon Risk Services Northeast, Inc.
570000048582
570110004262
570110004262
Page _ of _
Bureau Veritas North America, Inc.
10WNS41200 01/01/25-01/01/26 Trumbull Insurance AR,DC,IN,LA,NE,RI,UT 10WNS41200 01/01/25-01/01/26 Twin City Fire Insurance Company FL,ND,OH,WA,WY 10WNS41200 01/01/25-01/01/26 Hartford Insurance Company of the Midwest AK,ID 10WNS41200 01/01/25-01/01/26 Hartford Casualty Insurance Company MO,WV 10WNS41200 01/01/25-01/01/26 Nutmeg Insurance Company CT,IL 10WNS41200 01/01/25-01/01/26 Hartford Fire Insurance Company NH,OR,PA 10WNS41200 01/01/25-01/01/26 Hartford Accident and Indemnity Company AL,GA,KY,MI,MT,NY,TN,VT 10WNS41200 01/01/25-01/01/26 Property & Casualty Ins Co of Hartford CA,CO,DE,ME, MN,MS,SC 10WNS41200 01/01/25-01/01/26 Hartford Insurance Company of Illinois TX 10WNS41200 01/01/25-01/01/26 Hartford Insurance Company of the Southeast KS,MD 10WNS41200 01/01/25-01/01/26 Hartford Underwriters Insurance Company AZ,HI, NC,NJ,SD,VA 10WNS41200 01/01/25-01/01/26 Sentinel Insurance Company, Limited IA,NM,NV,OK 10WBRS41201 01/01/25-01/01/26 Twin City Fire Insurance Company WI 10WBRS41201 01/01/25-01/01/26 Sentinel Insurance Company, Limited MA ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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 California Coastal Works, a limited liability company (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 planning services 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; 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.
Attachment 3
Agreement for Professional Services
California Coastal Works, LLC
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.
If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for Agreement for Professional Services
California Coastal Works, LLC
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 or the City shall not be relieved of liability for damage sustained by virtue of the party’s breach of this Agreement. Any payments due under this Agreement may be withheld to off-set actual damages.
6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.
6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.
6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit C which is incorporated herein.
6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, and/or agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including reasonable attorney’s fees and costs, to the extent they arise our of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral 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.
6.6 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.
Agreement for Professional Services
California Coastal Works, LLC
6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.
6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.
6.7.2 Consultant shall have no authority to bind the City in any manner, whether by contract or otherwise, unless such authority is conferred in writing by the City Manager or their designee. Consultant shall no authority to make any final decisions on behalf of the City. All such final decisions shall be reviewed and approved by the City Manager or their designee.
67.3. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of the City. Consultant shall represent that Consultant and Consultant’s officers, employees, or agents are contract planners for the City. Consultant’s title for purpose of correspondence with the City and the public shall be Contract Principal Planner and shall report to and defer final decisions to the Community Development Director or their designee. Consultant will be provided a City email address ([name]@malibucity.org) and reference the City’s physical address (23825 Stuart Ranch Road, Malibu CA 90265) for purposes of correspondence with the public. Neither Consultant, nor any of Consultant's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.
6.9 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 Agreement for Professional Services
California Coastal Works, LLC
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.
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.
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d. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.11 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.
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.
Agreement for Professional Services
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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: Joseph Smith, AICP
Interim City Manager Principal
City of Malibu California Coastal Works, LLC
23825 Stuart Ranch Road 1330 Camino Del Mar
Malibu, CA 90265-4861 Del Mar, CA 92014
TEL (310) 456-2489 x 226 TEL (619) 943-1337
FAX (310) 456-2760 [email protected]
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.
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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.
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 ______
Agreement for Professional Services
California Coastal Works, LLC
This Agreement is executed on _____________________, at Malibu, California, and effective as of November 24, 2025.
CONSULTANT:
California Coastal Works, a limited liability company
___________________________________
By: Joseph Smith, 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
Agreement for Professional Services
California Coastal Works, LLC
EXHIBIT A
SCOPE OF WORK
PART A – MANAGEMENT SERVICES
The Consultant will provide management level planning services such as the following:
1. Plans, directs, coordinates, and reviews the work plan for the Planning Department; meets with staff to identify and resolve problems; assigns work activities, projects, and programs; monitors workflow; reviews and evaluates work products, methods, and procedures.
2. Oversees application and permit review on planned residential, commercial, and institutional projects, use permits, variances, and zoning changes.
3. Serves as a liaison for the Planning Department with other City departments, departments, and outside agencies; provides staff support to commissions, committees, and task forces, as necessary; negotiates and resolves significant and controversial issues.
4. Provides highly complex staff assistance to the Planning Director; develops and reviews staff reports related to planning activities and services; may present reports to the Planning Commission, City Council and other commissions, committees.
5. As necessary, participates on a variety of boards, commissions, committees, and task forces, and attends and participates in professional groups and committees; stays abreast of new trends and innovations in the field of planning.
6. Receives, investigates, and responds to problems and complaints from citizens in a professional manner; identifies and reports findings and takes necessary corrective action.
7. As necessary, conductssite inspections; makes determinations if projects are in compliance with laws, regulations, and ordinances; makes recommendations regarding changes.
8. Reviews various documents including City Council reports, resolutions, ordinances, Planning Commission reports and resolutions for current planning applications and long range planning and code amendments.
9. Review CEQA documents as needed but does not prepare CEQA documents.
10. Provide training for staff, as needed.
As part of this work, the consultant shall:
PART B - OTHER
1. Demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:
i. City of Malibu Local Coastal Program
ii. City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning)
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iii. City of Malibu General Plan
iv. City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Overlay Districts, etc.
v. Coastal Act
vi. CEQA Guidelines
vii. Subdivision Map Act
viii. Permit Streamlining Act
ix. City Council Policies
x. City of Malibu Planning Director Interpretations Manual
2. Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.
3. Response Turnaround Times: Respond within one (1) business day to questions from City staff and members of the public Record Keeping: Maintain proper record keeping.
Files shall be organized, up to date, and ready for public review at all times including digital records. All records shall be date-stamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status.
4. Meetings: Meetings with applicants and members of the public may be held in City Hall, on the project site (e.g., onsite visits), or virtually. In an effort to create a perception of unbiased level of customer service, socializing with applicants is strongly discouraged.
5. Demonstrate knowledge of computer applications including Microsoft Office Word, Excel, PowerPoint, Access, Teams, and GIS.
Agreement for Professional Services
California Coastal Works, LLC
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.
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.
Fee. Minimum monthly retainer rate of $23,500 per month. The minimum monthly retainer represents up to 20 hours per week of services to be provided. Travel time to/from the Consultant’s business address to/from the City or to/from any other location on behalf of the City will be billed at 50% (e.g., one hour of travel is equal to 30 minutes of time). Consultant shall be compensated on an hourly basis at a rate of $295 per hour for additional services or travel time provided beyond 20 hours per week.
Compensation for 4-Year Term: $1,178,000
Not-to-exceed an annual estimated budget of $294,500
Classification Hourly Rates
Principal-In-Charge (Joseph Smith) $295
Senior Project Manager (Undesignated) $225
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.
Travel Expense Budget. Travel expenses shall be pre-approved by the Community Development Director. Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals unless a pre-approved per diem is authorized by the City. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.
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 (when not related to Scope of Work). • Preparation of invoices and other administrative clerical services.
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• Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.
Agreement for Professional Services
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EXHIBIT C
INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
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
California Coastal Works, LLC
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
California Coastal Works, LLC
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.
Agreement for Professional Services
California Coastal Works, LLC
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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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
California Coastal Works, LLC
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
California Coastal Works, LLC
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).
Agreement for Professional Services
California Coastal Works, LLC
(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
California Coastal Works, LLC
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.
Agreement for Professional Services
California Coastal Works, LLC
(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.
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/23/2025
(619) 592-4440
10673
California Coastal Works LLC.
1330 Camino Del Mar
Del Mar, CA 92014
10200
A 3,000,000
X X CPV0090606 5/11/2025 5/11/2026 100,000
5,000
Excluded
3,000,000
3,000,000
B Professional Liab MPL500419325 11/10/2025 DED $5,000 1,000,000 RE: Various Locations.
City of Malibu and its officers, officials, employees, agents, and volunteers have been named as Additional Insured per written contract. 10 day notice of cancellation for non-payment of premium. 30 day notice of cancellation for all others. Insurance is primary & non-contributory. Waiver of subrogation applies to general liability. * Endorsement is attached.
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
CALICOA-04 KBELLIARD
World Insurance Associates, LLC
9855 Prospect Ave
Suite D
Santee, CA 92071-4316
Cierra Cox
[email protected]
Penn-Star Insurance Company
Hiscox Insurance Company Inc.
11/10/2026
X
X
X
COMMERCIAL GENERAL LIABILITY
CG 20 33 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – AUTOMATIC STATUS WHEN
REQUIRED IN A WRITTEN CONSTRUCTION
AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to
include as an additional insured any person or
organization for whom you are performing
operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy.
Such person or organization is an additional
insured only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured.
However, the insurance afforded to such
additional insured:
1. Only applies to the extent permitted by law;
and
2. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A person's or organization's status as an
additional insured under this endorsement ends
when your operations for that additional insured
are completed.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of or
the failure to render any professional
architectural, engineering or surveying
services.
2. "Bodily injury" or "property damage" occurring
after:
a. 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
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement you
have entered into with the additional insured;
or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
CPV0090606
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 Casswell Consulting, 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 planning services 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.
Attachment 4
Agreement for Professional Services
Casswell Consulting, Inc.
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.
If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for Agreement for Professional Services
Casswell Consulting, Inc.
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.
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.
Agreement for Professional Services
Casswell Consulting, Inc.
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.
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.
Agreement for Professional Services
Casswell Consulting, Inc.
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.
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 Agreement for Professional Services
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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.
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 Agreement for Professional Services
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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: Rick Casswell
Interim City Manager Principal
City of Malibu Casswell Consulting, Inc.
23825 Stuart Ranch Road 1636 Avery Rd.
Malibu, CA 90265-4861 San Marcos, CA 92078
TEL (310) 456-2489 x 226 TEL (619) 483-3950
FAX (310) 456-2760 [email protected]
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 Agreement for Professional Services
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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 e.
City Initials ______
Consultant Initials ______
RAC
Agreement for Professional Services
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This Agreement is executed on _____________________, at Malibu, California, and effective as of November 24, 2025.
CONSULTANT:
Casswell Consulting, a California corporation
___________________________________
By: Rick Casswell, 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
Agreement for Professional Services
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EXHIBIT A
SCOPE OF WORK
1. Perform professional municipal planning case management services at the Principal Planner / Senior Planner level for applicant-initiated applications as assigned by the Department to include the following services: conformance reviews, discretionary case processing, project management, staff report preparation, CEQA documentation, review of conditions of approval, and attendance at required meetings for the Environmental Review Board (ERB), Planning Commission, and City Council.
2. Perform planning management services to oversee contract planners; prepares complex reports, attends meetings, manages teams, oversees caseload work, provides trainings, develops policy documents, and other management level duties.
3. Submittal administrator services to complete the intake of new revised planning applications, may also include building plan check and permit applications; coordinates with owner/applicant; transmits required documents and fees; data entry and other administrative duties.
4. Review project application for complex residential and commercial development; evaluate alternatives and conformance with the City’s General Plan, Municipal Code, Local Coastal Program, and State laws; and prepare recommendations for action by City staff, elected or appointed officials.
5. Project review services shall be completed utilizing the City's adopted plan review software (e.g., Bluebeam Studios) to, for example, markup plans with co1Tections and redlines and/or coordinate with other internal departments.
6. Process planning verifications, rebuild development permits, coastal development permits, administrative plan reviews, site plan reviews, minor modifications, variances, conditional use permits, subdivisions, parcel maps, and other entitlements as assigned.
7. Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications and codes; explain codes, requirements and procedures, and evaluate alternatives.
8. Note: Contract Planners may be assigned rebuild applications and/or other applications to offset regular planning application workload to allow staff members to dedicate themselves to the rebuild efforts (also known as “Load Shift”).Designate one (1) primary point of contact responsible for all communication with the City.
9. Respond to questions or directives from the City within one (1) business day.
10. Maintain thorough and accurate recordkeeping consistent with municipal standards and the City’s retention policies.
11. Demonstrate familiarity with municipal government records systems, permit tracking databases, and workflow processes.
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12. Professional Conduct: Must maintain professionalism in all interactions with the public, adhere to ethical standards, and follow all applicable laws and procedures.
13. Safety Protocols: Must follow City safety standards to protect consulting staff and the public during field activities.
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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 planning services on an hourly basis, in accordance with the rate schedule below. The Not-to-Exceed (NTE) Fee shall represent all costs associated with the completion of each task, including travel time and reimbursable expenses; the monthly NTE has not yet been established. Prior to commencing work for the City of Malibu, the Consultant must obtain written authorization from the Community Development Director or his/her designee.
Consultant shall submit itemized invoices identifying the specific tasks performed, corresponding hours, and associated costs for each billing period.
Compensation for 4-Year Term: $100,000
Not-to-exceed monthly: $2,050.00
Classification Hourly Rates
Principal Planner (Rick Casswell) $180
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.
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.
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.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has Agreement for Professional Services
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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 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.
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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.
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 Agreement for Professional Services
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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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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
Casswell Consulting, Inc.
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
Casswell Consulting, Inc.
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 tasks or quantities to permit maximum participation by small and minority business, and Agreement for Professional Services
Casswell Consulting, Inc.
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.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
11/10/2025 Macario Insurance Group 440 Stevens Ave Ste 200 Solana Beach CA 92075 David Macario (858) 764-0583 [email protected] Casswell Consulting, Inc. 1636 AVERY RD SAN MARCOS CA 92078-1047 STILLWATER INS CO 25180 BEAZLEY INS CO INC 37540 A Y Y BP2002322 08/01/2025 08/01/2026 2,000,000 100,000 10,000 Included 4,000,000 4,000,000 B Professional Liability
C33149250401 08/01/2025 08/01/2026 Each Claim 1,000,000 Aggregate 2,000,000 The City of Malibu and its officers and employees are additionally insured under the general liability policy on a primary and noncontributory basis, as their interests may appear, when required by written contract. 30 days notice of policy cancellation applies.
City of Malibu
23825 Stuart Ranch Road Malibu CA 90265
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 CJ Biomonitoring, a limited liability company (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 biological consulting services 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.
If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for Agreement for Professional Services
CJ Biomonitoring
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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CJ Biomonitoring
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.
Agreement for Professional Services
CJ Biomonitoring