Agenda packet, first session — Malibu City Council, November 24, 2025 (part 7 of 10)

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

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

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

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

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

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

CITY: Candace Bond CONSULTANT: Courtney McCammon
Interim City Manager Owner and Principal Biologist
City of Malibu CJ Biomonitoring, LLC
23825 Stuart Ranch Road 347 Argonne Ave.

Malibu, CA 90265-4861 Long Beach, CA 90814
TEL (310) 456-2489 x 226 TEL (949) 285-7096
FAX (310) 456-2760 [email protected]
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6.21 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

7.0 FEMA AND CALOES FUNDING REQUIREMENTS.

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

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

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

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

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

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

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

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

City Initials ______
Consultant Initials ______

8.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

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

CONSULTANT:

CJ Biomonitoring, a limited liability company
___________________________________ By: COURTNEY MCCAMMON Owner and Principal Biologist
CITY OF MALIBU: ___________________________________ MARIANNE RIGGINS, Mayor ATTEST: ___________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: ___________________________________ TREVOR RUSIN, Interim City Attorney Agreement for Professional Services
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EXHIBIT A

SCOPE OF WORK

1. The Consultant shall maintain two staff members during the term of the agreement: Principal Biologist (Courtney McCammon) and Assistant Biologist.

2. Review and evaluate biological assessment reports, native tree protection plans, and all other related reviews. Reviews shall be performed concerning the requirements of the City’s Local Coastal Program, Zoning Ordinance, Subdivision Ordinance, and the Malibu General Plan; and provide City staff with specific recommendations regarding the acceptability of such reports/plans and provide detailed review comments to bring the report/plans in compliance with City requirements.

3. Conduct reviews, including but not limited to plan revisions, biology assessment, and native tree protection plans, within ten (10) calendar days from the date of submittal.

Conduct final inspections within one week of the request.

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

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 corrections and redlines and/or coordinate with other internal departments.

6. Reviews shall include, but is not limited to, a bibliography of referenced materials (e.g., studies, project plans, inspection dates, meeting dates, etc.) and review history.

7. Prepare standard biology conditions of approval to be used in the review of project applications and update as necessary.

8. Plan 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 requirements of the City have been satisfied.

9. Conduct final site inspections per the request of City staff or applicant, and conduct field observation and recommendations as requested by City staff

10. Track conditions of compliance, such as, but not limited to, post-approval habitat restoration and monitoring, and native tree protection monitoring.

11. As requested by the Planning Director, accept any and all documents electronically, including utilization of OnBase (records management system), and any additional electronic formats accepted by the City.

12. Respond within one (1) business day to questions from City staff and members of the public.

13. As needed, City Biologist or Assistant Biologist to hold routine office hours at City Hall on Tuesdays from 9:00 AM – 11:00 AM or longer, depending on demand for services. This time will be utilized for appointments with applicants, meetings with staff, and review of project Agreement for Professional Services
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applications. Additional hours may be required. If City Hall is closed to walk-in traffic, virtual meetings shall be held on an as-needed basis.

14. Track conditions of compliance, such as but not limited to post-approval habitat restoration and monitoring and native tree protection monitoring.

15. Review the biological section of various Environmental Impact Reports and initial studies for adequacy / completeness and propose mitigation measures and monitoring programs for compliance with goals, objectives, and policies of the Local Coastal Program and Malibu General Plan and best management practices.

16. Recommend modifications to the City’s guidelines and codes, as appropriate, to maintain conformance with the latest State regulations, laws, and acceptable biological practices.

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

18. .Provide training for City staff as requested by the Planning Director.

19. Make presentations to City Council, the public, and other agencies as requested by the Planning Director.

20. 1Attend Planning Commission and City Council meetings as requested by City staff.

21. Maintain detailed accounting of fees, including fixed fees and time and materials fees, and issue fee balance statements to applicants.

22. Perform project management duties, including the maintenance of the development database, and tracking of deadlines, application submittal requirements, and workload.

23. Advise the City on arboricultural matters to include inspecting and evaluating trees, agency/ utility coordination, and tree removal application reviews.

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

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

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

27. Maintain thorough and accurate recordkeeping.

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

29. 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.

Fixed Fee Services: Fixed Fees shall include amount of reviews as indicated below; does not include site inspections and meetings with applicants. Additional reviews will be performed on a time and materials basis.

Service Performed Estimated
Hours
Consultant Rate
Peer Review:

Biology Review
Site Inspection 2 $330
Planning Revisions
*includes 1 review
2 $330
Review: CDP (with ESH)
*includes 3 reviews
8 $1,324
Review : CDP (without ESHA)
*includes 2 reviews
4 $662
CDP for OWTS Only
*includes 1 review

1.5 $248
APR with Development (without landscaping)
*includes 1 review
2 $330
APR with Development (with landscaping)
*includes 2 reviews
4 $662
APR Landscaping Only
*includes 2 reviews
3 $495
Time and materials review 1 $165/hour
Attend Meetings Regular Business Hours 1 $175/hour
Attend Meetings After Hours 1 $200/hour
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Professional Services: Fees for professional services other than peer review and City services are based on an hourly rate.

Classification Hourly Rate
Principal Biologist (Courtney McCammon) $175
Evening (after 5:30 pm) Meetings, City Council, Planning Commission, etc.
$200
Depositions, Court Appearances, Expert Witness/Legal Research* $550** *This rate is only implemented if requested by a party other than the City and with approval from the City.
**Court appearances requested on the City’s behalf would be charged at the standard hourly evening rates (i.e. $200/hr) 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.

Miscellaneous
•Mileage, other than travel to and from the City (e.g, site visits, off-site meetings), will be billed at the current federal rate.
•Costs for overnight or long-term jobs requiring lodging will include per Diem at a rate of $250.00 per day.

All rates listed above shall include overhead costs, including, but not limited to, salaries, benefits, insurance, and office expenses. If staff substitutions are necessary, 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.

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.” Agreement for Professional Services
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(e) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(f) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its Agreement for Professional Services
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subcontractors are not in compliance during the term of this Agreement. (g) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 24, 2025 by and between the City of Malibu, a municipal corporation (hereinafter referred to as the "City"), and CSG Consultants, a California corporation (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating to rebuild services including building plan check and planning 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 6
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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
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those services completed in a manner satisfactory to the City.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY: Candace Bond CONSULTANT: Cyrus Kianpour
Interim City Manager President
City of Malibu CSG Consultants, Inc.
23825 Stuart Ranch Road 806 9th Street, Ste 2A
Malibu, CA 90265-4861 Paso Robles, CA 93446
TEL (310) 456-2489 x 226 TEL (805) 693-2670
FAX (310) 456-2760
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7.0 FEMA AND CALOES FUNDING REQUIREMENTS.

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

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

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

City Initials ______
Consultant Initials ______

8. 2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
CK
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This Agreement is executed on _____________________, at Malibu, California, and effective as of November 24, 2025.

CONSULTANT:

CSG Consultants, a California corporation
___________________________________
By: Cyrus Kianpour, President
CITY OF MALIBU, a municipal corporation
___________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK
Task I: Building, Grading and Drainage

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.

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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.

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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Task II: Planning
The Consultant shall perform professional municipal planning case management services at the Principal Planner / Senior Planner level for applicant-initiated applications as assigned by the Community Development Department, Planning Division to include the following services: conformance reviews, discretionary case processing, project management, staff report preparation, CEQA documentation, review of conditions of approval, and attendance at required meetings for the Environmental Review Board (ERB), Planning Commission, and City Council. As part of this work, the selected consultant shall:

PART A

1. Demonstrate expertise in municipal planning case management.

2. Review applications for complex residential and commercial development; evaluate alternatives and conformance with the City’s General Plan, Municipal Code, Local Coastal Program, and State laws; and prepare recommendations for action by City staff, elected or appointed officials.

3. Process planning verifications, rebuild development permits, coastal development permits (CDP), administrative plan reviews (APR), site plan reviews (SPR), minor modifications, variances, conditional use permits, subdivisions, parcel maps, and other entitlements as assigned.

4. 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.

5. Coordinate with outside agencies and City departments involved as part of the development review process.

6. Provide administrative assistance for planning application submissions upon request.

7. Conduct final planning inspections, story pole visits, and other site visits as necessary.

8. Review applications and projects for compliance with CEQA.

9. Make presentations to the Planning Commission, City Council, and various committees and commissions, and attend evening meetings as required.

10. Prepare staff reports, resolutions, and ordinances for the Planning Commission, Environmental Review Board, and City Council.

11. May be requested to work on long-range planning projects.

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12. Demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Community Development Department, Planning Division:
a. City of Malibu Local Coastal Program
b. City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) c. City of Malibu General Plan
d. City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Overlay Districts, etc.
e. Rebuild Policies and Community Development Director Interpretations Manual f. Coastal Act
g. CEQA Guidelines
h. Subdivision Map Act
i. Permit Streamlining Act

13. Prepare documentation, in a form prescribed by the City, normally associated with case processing.

14. Incomplete/Complete Letters
a. Rebuild Applications – issue within 10 calendar days of project submittal b. Non-Rebuild Applications – issue within 30 calendar days of project submittal

15. Noticing Requirements for CDPs shall be processed before applications are deemed complete.

16. Notice of Decisions for APR/SPRs shall be processed no sooner than 21 days no later than 30 calendar days from the date of the issuance of the Notice of Application.

17. Ensure that Planning fees are paid and included in incomplete letters.

18. Staff reports for the Planning Commission, Environmental Review Board, and City Council shall be submitted to staff in final form, including attachments, resolutions, and ordinances, if applicable. This includes thorough editing and proofreading and preparation of exhibits prior to submittal to staff for review.

19. Update the Planning Division long-range agenda and keep abreast of pertinent deadlines.

20. The Development Database shall be maintained. All project milestones shall be entered as they are performed. The Note section shall reflect current status of the project and all communications with applicants, owners, appellants, and interested parties.

21. Attend Planning Division staff meetings only upon the request by the Community Development Director or his/her designee.

22. Attend trainings as requested by the Community Development Director or his/her designee.

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23. Stay abreast of new City and/or departmental policies and procedures as provided in emails, meetings, etc.

24. Provide other services as requested by the Community Development Director.

25. Review Conditions of Approval prior to final Planning approval.

26. Stamp plans at appropriate review stages and conform plans accurately to reflect project approval.

27. 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”).

PART B - OTHER

1. Coordinate with outside agencies and City departments involved as part of the development review process.

2. Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.

3. 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.

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

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

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

7. Accept all documents electronically, including utilization of OnBase (records management system), Development Database (permitting software), and any additional electronic formats accepted by the City.

8. 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, not available in digital form, shall not be removed from City Hall without authorization.

9. Meetings: Meetings with applicants and members of the public shall be held in City Hall or on the project site (e.g., onsite visits). In an effort to create a perception of unbiased level of customer service, socializing with applicants is strongly discouraged.

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10. Demonstrate knowledge of computer applications including Microsoft Office Word, Excel, PowerPoint, Access, Teams, and GIS.

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

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.

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

15.Provide administrative personnel to support project intake and tracking related to Environmental Health and Geotechnical reviews.

16. Special Projects may include other tasks and duties as assigned by the Community Development Director or his/her designee.

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EXHIBIT B

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

Task I: Building, Grading and Drainage
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.

PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE Building Plan Review by Percentage
Full Building Plan Review by Percentage 65% of Agency’s Building Plan Check Fees Structural Only Plan Review by Percentage 35% of Agency’s Building Plan Check Fees Expedited Plan Review by Percentage To Be Negotiated (Pending Project Size & Requested Turnaround Timeframe)
Minimum Per Plan Review (Except for Residential Solar) $350 Building Plan Review (Hourly Rates)
Building Plan Review (Remote) $139
Building Plan Review (On-Site) Up to $175 (Pending Title of Approved Staff) Building Plan Review – Professional Engineer $155
Structural Only Plan Review (Structural Engineer) $175
M/E/P Plan Review – Certified Plans Examiner $149
M/E/P Plan Review – Professional Engineer $165
Building Grading Plan Review $175
CASp Plan Review/Consultation $175
Expedited Plan Review/Overtime (Hourly) 1.5 x Hourly Rate Residential Rooftop – Mounted Solar Energy Systems 1-Hour Minimum Building Department Services
Permit Technician (Remote/On-Site) $77/$98
Senior Permit Technician (Remote/On-Site) $93/$113
CASp Inspection $175
Building Inspector $129
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Combination Building Inspector $155
Deputy Building Official $175
Building Official $186
Building Department Special Projects $155
Administration/Plan Processing $82
Fire Prevention Services
Fire Plan Review – Fire Plans Examiner $140
Fire Plan Review – Fire Protection Engineer $260
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
Senior Fire Inspector $140
Fire Inspector $125
Fire Marshal $165
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.

Task II: Planning
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 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.

Classification Hourly Rates
Assistant Environmental Planner $156
Assistant Planner $149
Associate Environmental Planner $176
Associate Planner $171
GIS Analyst $149
GIS Manager $198
GIS Technician $137
Planning Manager $230
Planning Technician $129
Principal Planner $203
Principal-in-Charge $251
Senior Environmental Planner $193
Senior Planner $187
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All rates listed above shall include overhead costs including, but not limited to salaries, benefits, insurance, office expenses, mileage, and courier service. If staff substitutions are necessary, or if staff is promoted, the original rates listed above will still apply.

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EXHIBIT C

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

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

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

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EXHIBIT D

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

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

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

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

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

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

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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
12/6/2024
License # 0C36861
(925) 280-4671
CSG Consultants, Inc.
550 Pilgrim Dr
Foster City, CA 94404
26093
21105
21113
10046
A 1,000,000
X 5432352732 12/4/2024 12/4/2025 300,000
10,000
1,000,000
2,000,000
2,000,000
B 1,000,000
X 72APB010186 12/4/2024 12/4/2025
C 5,000,000
5821248132 12/4/2024 12/4/2025 5,000,000
10,000
D
4087479726 12/4/2024 12/4/2025 1,000,000
1,000,000
1,000,000
E Professional Liab 83 OH 0489503-24 12/4/2024 Ea Claim/Agg 5,000,000 30-day Notice of Cancellation applies to the Auto Liability policy, form to follow.

The City of Malibu, its officers and employees are included as Additional Insured as respects General Liabilty and Auto Liability on a Primary and Non-Contributory basis. Producer will endeavor to provide 30 Day Notice of Cancellation.

City of Malibu
23825 Stuart Ranch Rd
Malibu, CA 90265
CSGCONS-01 JPERRY3
Alliant Insurance Services, Inc.
560 Mission St 6th Fl
San Francisco, CA 94105
Julia Perry
[email protected]
United States Fire Insurance Company
Nationwide Affinity Insurance Company of America
North River Insurance Company
United States Fire Insurance Company
Pacific Insurance Company, Limited
X
12/4/2025
X
X
X
X
X
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Policy: 5432352732
MI 02 051 10 18 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

THIRD-PARTY NOTICE OF CANCELLATION

OR NONRENEWAL
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
First Named Insured: CSG Consultants, Inc.

Policy Number: 5432352732 Policy Period: 12/4/2024 – 12/4/2025 Endorsement Effective Date:

Number of Days’ Notice - Nonpayment of Premium: 30
Number of Days’ Notice - All Other Reasons: 10
Name And Mailing Address/Email Address of Third Party:

Per attached schedule
If we cancel or nonrenew this Policy, we will mail, email, or otherwise deliver notice of cancellation or nonrenewal to the Third Party shown in the Schedule above at the address shown. A copy of the third-party notification will also be mailed or delivered to the first Named Insured.

The minimum number of days prior to the cancellation or nonrenewal that the notice will be mailed or delivered is shown in the Schedule above.

All other terms and conditions remain unchanged.

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Policy: 4087479726
Per attached schedule
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT−CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

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

Schedule
Person or Organization Job Description
Any person or organization with whom or with which you have agreed in a written contract to waive your right of recovery against, provided such written contract:

See wording under Person or Organization

1. is currently in effect or will be come effective during the term of this policy; and

2. was executed and became effective prior to the occurrence of the injury covered by this policy.

This form only applies in CA.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

Endorsement Effective Policy No. 4087479726 Endorsement No.

Insured Insurance Company
Countersigned By

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 Envicom, 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 biological consulting services in response to the City’s recovery efforts.

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

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

Attachment 7
Agreement for Professional Services
Envicom, Inc.

Page 2 of 25 ends

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

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

6.0 GENERAL TERMS AND CONDITIONS.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for Agreement for Professional Services
Envicom, Inc.

Page 3 of 25 ends

those services completed in a manner satisfactory to the City.

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

Agreement for Professional Services
Envicom, Inc.

Page 4 of 25 ends

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.

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
Envicom, Inc.

Page 5 of 25 ends

Agreement for Professional Services
Envicom, Inc.

Page 6 of 25 ends

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

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

Page 7 of 25 ends

shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

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

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

CITY: Candace Bond CONSULTANT: Travis Cullen
Interim City Manager President
City of Malibu Envicom, Inc.
23825 Stuart Ranch Road 4165 E. Thousand Oaks Blvd.,
Ste. 290
Malibu, CA 90265-4861 Westlake Village, CA 91362
TEL (310) 456-2489 x
226
TEL (818) 879-4700
FAX (310) 456-2760 [email protected]

Page 8 of 25 ends

when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

7.0 FEMA AND CALOES FUNDING REQUIREMENTS.

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

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

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

Page 9 of 25 ends

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 ______

City Initials ______
Consultant Initials ______
Agreement for Professional Services
Envicom, Inc.

Page 10 of 25 ends

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

CONSULTANT:

Envicom, a California corporation
___________________________________
By: Travis Cullen, President
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
Envicom, Inc.

Page 11 of 25 ends

EXHIBIT A

SCOPE OF WORK

1. Review and evaluate biological assessment reports, native tree protection plans, and all other related reviews. Reviews shall be performed concerning the requirements of the City’s Local Coastal Program, Zoning Ordinance, Subdivision Ordinance, and the Malibu General Plan; and provide City staff with specific recommendations regarding the acceptability of such reports/plans and provide detailed review comments to bring the report/plans in compliance with City requirements (average 38 reviews per month).

2. 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.

3. Conduct final site inspections per the request of City staff or applicant and conduct field observations and provide recommendations as requested by City staff (average 4-8 inspections per month).

4. Track conditions of compliance, such as but not limited to post-approval habitat restoration and monitoring and native tree protection monitoring.

5. Conduct reviews, including but not limited to plan revisions, biology assessment, and native tree protection plans, within ten (10) calendar days from the date of their submittal.

Conduct final inspections within one week of request.

6. Review biological section of various Environmental Impact Reports and initial studies for adequacy / completeness and propose mitigation measure and monitoring programs for compliance with goals, objectives and policies of the Local Coastal Program and Malibu General Plan and best management practices.

7. Recommend modifications to the City’s guidelines and codes, as appropriate, to maintain conformance with the latest State regulations, laws and acceptable biological practices.

8. Maintain detailed accounting of fees including fixed fees and time and materials fees, and issue fee balance statements to applicants.

9. Perform project management duties including the maintenance of the development database, and tracking of deadlines, application submittal requirements, and workload.

10. Advise the City on arboricultural matters to include inspecting and evaluating trees, agency/ utility coordination, and tree removal application reviews.

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

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

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

14. Maintain thorough and accurate recordkeeping.

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

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

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

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

Agreement for Professional Services
Envicom, Inc.

Page 12 of 25 ends

EXHIBIT B

Service Performed Estimated
Hours
Consultant Rate
Peer Review:

1.5 $248
APR with Development (without landscaping)
*includes 1 review
2 $330
APR with Development (with landscaping)
*includes 2 reviews
4 $662
APR Landscaping Only
*includes 2 reviews
3 $495
Time and materials review 1 $165/hour
Attend Meetings Regular Business Hours 1 $175/hour
Attend Meetings After Hours 1 $200/hour
Professional Services: Fees for professional services other than peer review and City services are based on an hourly rate.

Classification Hourly Rate
Principal (TC) $240
VP and VP/Director Environmental Services $230
Director of Cultural Resources $190
Senior Project Manager 2 $175
Agreement for Professional Services
Envicom, Inc.

Page 13 of 25 ends

Senior Project Manager 1 $165
Principal Biologist $165
Senior Biologist/Restoration Ecologist/Arborist $155
Project Manager 2 $130
Project Manager 1 $125
Environmental Analyst $115
Staff Biologist $120
GIS Manager $160
Graphics/GIS Analyst $125
Staff Archaeologist $125
Cultural Resource Lab Manager $110
Cultural Resource Field Technician/Monitor $90
Project Assistant/Production Specialist $85
Accounting $90
All rates listed above shall include overhead costs, including, but not limited to, salaries, benefits, insurance, and office expenses. If staff substitutions are necessary, the original rates listed above will still apply.

Agreement for Professional Services
Envicom, Inc.

Page 14 of 25 ends

EXHIBIT C

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

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

Page 15 of 25 ends

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.

Page 16 of 25 ends

Agreement for Professional Services
Envicom, Inc.

Page 17 of 25 ends

Agreement for Professional Services
Envicom, Inc.

Page 18 of 25 ends

EXHIBIT D

Page 19 of 25 ends

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
Envicom, Inc.

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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.

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
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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.

Page 23 of 25 ends

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;
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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.

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ISU Stanton & Associates
3625 Thousand Oaks Blvd #292
Westlake Village CA 91362
Kasey Litz
(805) 413-1498 (805) 435-3737
[email protected]
Envicom Corporation
4165 Thousand Oaks Blvd Ste 290
Westlake Village CA 91362
Crum & Forster Specialty Insurance Company 44520
California Automobile Insurance Company 38342
EMPLOYERS Preferred Insurance Company 10346
25-26
A EPK-153073 05/17/2025 05/17/2026
2,000,000
300,000
5,000
2,000,000
4,000,000
4,000,000
B BA040000085701 12/05/2024 12/05/2025
1,000,000
C Y EIG469045104 02/04/2025 02/04/2026 1,000,000
1,000,000
1,000,000
A Professional Liability EPK-153073 05/17/2025 05/17/2026 Each Claim: $3,000,000
Aggregate: $3,000,000
Deductible: $5,000
Certificate holder is hereby named as additional insured. Coverage is primary & non-contributory. Waiver of subrogation applies. 30 Days NOC applies. 10 Days NOC for non-payment of premium.

City of Malibu
23825 Stuart Ranch Rd
Malibu CA 90265

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

OTH- STATUTEPER
(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

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

MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Mercury Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS
III. SUPPLEMENTARY PAYMENTS
IV. ADDITIONAL TRANSPORTATION EXPENSE
V. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
VI. GLASS REPAIR DEDUCTIBLE WAIVER
VII. TWO OR MORE DEDUCTIBLES
VIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS IX. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS X. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT
XI. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH XII. PERSONAL EFFECTS COVERAGE
XIII. LOSS OF USE EXPENSES
XIV. DEVICES DESIGNED FOR USE WITH AUDIO, VISUAL OR DATA ELECTRONIC EQUIPMENT XV. PHYSICAL DAMAGE DEDUCTIBLE VEHICLE TRACKING SYSTEM
XVI. CHAINS, TARPS, AND BINDERS COVERAGE
Policy Number: BA040000085701
Copyright 2023 Mercury Insurance Services, LLC. All rights reserved.

MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 4

BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:

Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.

Coverage under this provision is afforded only until the end of the policy period. the organization.

II. EMPLOYEES AS INSUREDS
SECTION II COVERED AUTOS LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured, the following is added:

Any insured while using a covered auto
lease, hire, rent, or borrow, which is used in connection with your business.

III. SUPPLEMENTARY PAYMENTS
SECTION II COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 3. Coverage Extensions, a.

Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

IV. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Transportation Expenses, is amended by:

Replacing $20 per day with $50 per day, and the $600 maximum with $1,000 maximum.

If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.

V. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:

This exclusion does not apply to the accidental discharge of an airbag.

VI. GLASS REPAIR DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

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

MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 VII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

If two or more "company" policies or coverage forms apply to the same accident:

1. If the applicable Business Auto deductible is the smallest, it will be waived; or

2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or

3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.

For the purpose of this endorsement "company means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies.

VIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation.

IX. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:

Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.

This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

X. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT
SECTION IV BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary:

This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

XI. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V DEFINITIONS, D. "
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.

MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 4 XII. PERSONAL EFFECTS COVERAGE
SECTION III PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Coverage Extensions, the following is added:

Personal Effects
(1)
(2)
This coverage applies
deductible applies to the coverage. Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment are not considered personal effects.

XIII. LOSS OF USE EXPENSES
If you pay the premium for Hired Auto Physical Damage, we will pay expenses for which you by Hired Auto Physical Damage. However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. The insurance provided by this provision is excess over any other collectible insurance.

XIV. DEVICES DESIGNED FOR USE WITH AUDIO, VISUAL OR DATA ELECTRONIC EQUIPMENT SECTION III PHYSICAL DAMAGE COVERAGE, B. Exclusions, 4.a., is replaced by the following:
a.
discs or other similar audio, visual, data electronic devices designed for use with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment:
(1)
(2)
Thi
additional deductible applies to this coverage.

XV. PHYSICAL DAMAGE DEDUCTIBLE VEHICLE TRACKING SYSTEM
SECTION III PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
as a radio tracking device or a global position device and that device was the method of XVI. CHAINS, TARPS, AND BINDERS COVERAGE
SECTION III PHYSICAL DAMAGE COVERAGE, C. Limits Of Insurance, the following is added:

The most we will pay for the "loss" to chains, tarpaulins, binders, and cargo securing devices will be $500.

The chains, tarpaulins, binders, or cargo securing devices must be in or on the "covered auto" at the time of "loss".

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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

BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

SECTION IV – BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following is added:

We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

MCA04440913
Policy Number: BA040000085701
Policy Number: BA040000085701

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 Fox Onsite Solutions, 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 biological consulting services in response to the City’s recovery efforts.

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

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

Attachment 8
Agreement for Professional Services
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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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

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

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

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

Page 7 of 26 ends

to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

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

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

CITY: Candace Bond CONSULTANT: Ryan Fox
Interim City Manager Principal Environmental
Consultant, CEO
City of Malibu Fox Onsite Solutions, Inc.
23825 Stuart Ranch Road 1575 Sheffeeild Ave
Malibu, CA 90265-4861 San Jose, CA 95125
TEL (310) 456-2489 x 226 TEL (831) 531-5533
FAX (310) 456-2760 [email protected]
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7.0 FEMA AND CALOES FUNDING REQUIREMENTS.

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

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

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

City Initials ______
Consultant Initials ______

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

CONSULTANT:

Fox Onsite Solutions, a California corporation
___________________________________
By: RYAN FOX
Principal Environmental Consultant, CEO
CITY OF MALIBU, a municipal corporation:
___________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK
Environmental Health Peer Review Services

1. Review and evaluate environmental health project submittals in accordance with City requirements. Provide City staff with recommendations as to the acceptability of such reports and provide detailed review comments to bring the report in compliance with City requirements.

2. Perform conformance reviews and plan check of conventional and alternative onsite wastewater treatment systems (a.k.a., private sewage disposal systems). Evaluate land development projects with respect to compatibility with existing onsite wastewater systems’ capacity and layout.

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

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

5. Plan 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 requirements of the City have been satisfied.

6. Perform services within ten (10) business days upon receipt of notification that a review has been authorized.

7. Peer Review Environmental Site Assessments and Hazardous Materials Issues.

8. Review geological/geotechnical section of various Environmental Impact Reports (EIR) and Specific Plans for adequacy/completeness as requested by the Community Development Department, Planning Division.

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

10. Attend and participate in local and regional meetings on behalf of the City, including locations other than Consultant’s office and Malibu City Hall.

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

12. Provide staff for routine office hours at City Hall or Rebuild Center, Monday – Friday, 8:00 AM - 4:00 PM, or mutually agreed upon by City and Consultant.

13. Coordinate with outside agencies and City departments involved as part of the development review process.

14. Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.

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Fox Onsite Solutions, Inc.

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Malibu City CouncilNovember 24, 2025

Malibu City Council
November 24, 2025