The URL can be used to link to this page

2020/05/01 Searle Creative Group, LLC FY19/20 On-Call Outreach Support Services (Covid-19)* Please attached a second page for additional information to support this agreement. CITY OF MENIFEE Agreement/contract coversheet DATE: May 12, 2020 TO: Armando G. Villa, City Manager CC: Agreement Routed/Approved by City Attorney: 5/12/2020 (Via email, attached) Insurance Requirements: General Liability (Expiration Date: 11/20/2020) (Attached) Automobile Liability (Expiration Date: 6/11/2020) Worker’s Compensation (Pending) Other- Professional Liability (Expiration Date: 11/20/2020) FROM: Kayla Charters, Management Analyst Margarita Cornejo, Financial Services Manager SUBJECT: Professional Services Agreement between the City of Menifee and Searle Creative for On- Call Outreach Support Services (COVID-19). IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY? Yes – Purchase of Commodities under $50,000 Professional Services under $25,000 Change Order under $25,000 or less than 10% of original contract (suppl ies, equipment, services or construction contracts) Public Works Contract for $45,000 or less No – City Council authorized City Manager to sign (Proclamation of Emergency attached) City Manager shall have authority to approve, as necessary to address the COVID -19 emergency, all contracts up to $100,000 without prior City Council authorization for purpose to move quickly to address the significant and changing needs and challenges caused by COVID-19 epidemic. WHY IS THIS AGREEMENT/CONTRACT NEEDED? The Economic Development Department currently oversees all community relations/media services activities for the City of Menifee. It’s efforts include comprehensive outreach, including but not limited to, coordination of all press releases, publication and distribution of city-wide Menifee Matter Newsletters, e-press activity, marketing brochures etc. With the unprecedented development of the international COVID-19 pandemic situation, Menifee’s staff is proactively engaged in community outreach/education efforts, including but not limited to, providing guidelines, business planning resources, and local updates. The agreement between City of Menifee and Searle Creative Group LLC provides outreach support services related to the pandemic COVID-19, specifically but not limited to creating brochures, posters, signs, graphics and website updates to COVID-19 pages; Searle Creative Group LLC design & build out the new section for City of Menifee/COVID-19 response/resource. This agreement is necessary to assist staff in the interaction and connection with the community regarding to COVID-19; communications strategy plays an integral role in supporting the everyday needs of our community, especially in times of crisis. Department Date Initials Gina Gonzalez, Economic Development Director Wendy Preece, Deputy Finance Director Rochelle Clayton, Deputy City Manager Jeffrey T. Melching, City Attorney Sarah A. Manwaring, City Clerk DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 5/14/2020 5/14/2020 5/14/2020 5/14/2020 5/26/2020 2 Further, as this is an unplanned/unforeseen COVID-19 expense, staff will ultimately seek reimbursement for this expense through state, federal, local COVID-19 funding opportunities anticipated to become available in upcoming months. WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT? The term of the agreement will cover the period of May 1, 2020 through December 31, 2020 WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $43,000 (Not-to-Exceed Amount) HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON? Staff has worked with this consultant in the past. The Consultant is familiarized with the Menifee community and staff has been satisfied with the overall performance and delivery of service provided by the consultant. Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City $5,000 - $49,000 – Three Written Quotes Yes Over $50,000 – Competitive Bidding and Formal Proposals Public Works Projects Professional Services Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager $45,000 - $174,999 – Informal Bidding Process Over $25,000 – City Council Approval Over $175,000 – Formal Bidding Required (City Manager authorized to approve agreements for COVID-19 Emergency) WHERE ARE THE FUNDS COMING FROM? FY19/20 WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? 100-4221-52214 (Declared Emergency Expense) IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? As of 5/8/2020 Account #100-4221-52214 has ($68,885.15)* (see attached Eden Report). *As this is an unplanned/unforeseen COVID-19 expense, staff will ultimately seek reimbursement for this expense through state, federal, local COVID-19 funding opportunities anticipated to become available in upcoming months. ATTACHMENTS - CONTRACT/AMENDMENT - CERTIFICATES OF INSURANCE - EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL - EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS) - OTHER: Resolution No. 20-869 Local Emergency, COVID-19 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 CITY OF MENIFEE PROFESSIONAL SERVICES AGREEMENT FY19/20 ON-CALL OUTREACH SUPPORT SERVICES (COVID-19) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of __________, 2020 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SEARLE CREATIVE GROUP LLC, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on May 1, 2020 and shall end on December 31, 2020 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder. 1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A May26th 2671/031858-0001 7630421.2 a01/13/20 -2- SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed FORTY THREE THOUSAND DOLLARS AND ZERO CENTS ($43,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion; d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed; g. The Consultant Representative’s signature. Invoices shall be submitted to: City of Menifee Attn: Accounts Payable 29844 Haun Road Menifee, CA 92586 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -3- shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed. 2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice. 2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. SECTION 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -4- requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy m ust cover inter-insured suits between City and other Insureds. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under thi s Agreement. 4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services t o be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles. b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -5- a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. 4.4 All Policies Requirements. a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -6- b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: FY19/20 ON-CALL OUTREACH SUPPORT SERVICES (COVID-19). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -7- f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. SECTION 5. INDEMNIFICATION. 5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. 5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -8- Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. 5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. SECTION 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -9- City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors. 7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. SECTION 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. 8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City. 8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement. 8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -10- that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately. 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: a. Immediately terminate this Agreement; b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services. SECTION 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the docum ents and other DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -11- materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. 9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. 9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. SECTION 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -12- litigation. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County. 10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Kellie Meehan (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 10.8 City Contract Administration. This Agreement shall be administered by a City employee, Kayla Charters, Economic Development Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee. 10.9 Notices. Any written notice to Consultant shall be sent to: SEARLE CREATIVE GROUP LLC Attn: Kellie Meehan 1802 Eastman Ave, Suite 111 Ventura, CA 93003 Any written notice to City shall be sent to the Contract Administrator at: City of Menifee DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -13- 29844 Haun Road Menifee, CA 92586 Attn: Kayla Charters, Economic Development Analyst with a copy to: City Clerk City of Menifee 29844 Haun Road Menifee, CA 92586 10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example. __________________________________________ Seal and Signature of Registered Professional with report/design responsibility. 10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. 10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -14- there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. 10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page] DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 -15- IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date. CITY OF MENIFEE Armando G. Villa, City Manager Attest: Sarah A. Manwaring, City Clerk Approved as to Form: Jeffrey T. Melching, City Attorney CONSULTANT Kellie Meehan, Owner Kellie Meehan, Chief Financial Officer [Note: 2 officer’s signatures required if Consultant is a corporation, unless provided with a certificate of secretary in-lieu] DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 2671/031858-0001 7630421.2 a01/13/20 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Services shall include, but are not limited, to community outreach support services as related to City of Menifee COVID-19 in the amount not to exceed FORTY THREE THOUSAND DOLLARS AND ZERO CENTS ($43,000.00). DocuSign Envelope ID: 146C5CB9-2BA1-4A53-9909-25C4730F7A0DDocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND 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 RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER: $ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/8/2020 22985 Searle Creative Group, LLC 1802 Eastman Avenue, Suite 111 Ventura, CA 93003 A QWC1104207 2/26/2020 2/26/2021 1,000,000 1,000,000 1,000,000 City of Menifee, its officers, employees and agents 29844 Haun Road Menifee, CA 92586 KELLMEE-01 KDENDUKURI AP Intego Insurance Group, LLC1601 Trapelo Rd Suite 280 Waltham, MA 02451 support@apintego.com Sequoia Insurance Company X DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 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-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED 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 EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 05/08/2020 Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd Floor New York, NY 10022 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 Searle Creative Group 1802 Eastman Ave Suite 111 Ventura, CA 93003 A Professional Liability Y UDC-4001656-EO-19 11/20/2019 11/20/2020 Each Claim: Aggregate: - FY19/20 On-Call Outreach Support Services (COVID-19).. - City of Menifee . - Menifee Police Department. - City of Menifee Economic Development The City of Menifee, its officers, agents and employees 29844 Haun Road Menifee CA 92586 $ 1,000,000 $ 1,000,000 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 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-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED 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 EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 05/08/2020 Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd Floor New York, NY 10022 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 Searle Creative Group 1802 Eastman Ave Suite 111 Ventura, CA 93003 X X X Primary & NoncontributoryA X Y Y UDC-4001656-CGL-19 11/20/2019 11/20/2020 1,000,000 100,000 5,000 0 2,000,000 S/T Gen. Agg - FY19/20 On-Call Outreach Support Services (COVID-19).. - City of Menifee . - Menifee Police Department. - City of Menifee Economic Development The City of Menifee, its officers, agents and employees 29844 Haun Road Menifee CA 92586 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A Email: CVService@NGIC.com  Fax: 1-800-405-4302  Phone: 1-877-468-3466 Visit us at www.MyNatGenPolicy.com 10316 (09012017) 1 of 1 CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. This is to certify that the policy of insurance shown above has 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 policy described herein is subject to all the terms, exclusions and conditions of such policy. Limits shown may have been reduced by paid claims. CERTIFICATE HOLDER EFFECTIVE DATE: 05/08/2020 Type: Additional Insured Name: The City of Menifee, its officers, agents and employees Type of Insurance Limits of Liability Provided Auto Liability: Scheduled Auto $1,000,000 Combined Single Limit Property Damage Included Other Coverages Provided Coverages Limits/Deductibles Hired Auto $1,000,000 Combined Single Limit Non-Ownership Liability $1,000,000 Combined Single Limit Cancellation: Should the above described policy be cancelled before the expiration date thereof, we will mail written notice of cancellation that complies with state statutes to the certificate holder named above, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. 05/08/2020 Authorized Representative Issue Date INSURED: Kellie Meehan Suite 111 1802 Eastman Ave Ventura, CA 93003 PO Box 3199 ● Winston Salem, NC 27102-3199 THE CITY OF MENIFEE, ITS OFFICERS, AGENTS AND EMPLOYEES 29844 HAUN ROAD MENIFEE, CA 92586 POLICY NUMBER: 2003182279 POLICY EFF DATE: 06/11/2019 POLICY EXP DATE: 06/11/2020 UNDERWRITING COMPANY: Integon Preferred Insurance Company Date: 05/08/2020 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A From:Margarita Cornejo To:Paula Muratore Subject:FW: Agreement Review Request: Professional Services Agreement with Searle Creative for On-Call Outreach Support Services (COVID-19) Date:Tuesday, May 12, 2020 11:47:09 AM Attachments:1920 ED -PROFESSIONAL SERVICES AGREEMENT (SEARLE CREATIVE) (COVID-19).docx image007.png From: Margarita Cornejo Sent: Tuesday, May 12, 2020 11:47 AM To: Jeffery T. Melching <jmelching@rutan.com> Subject: Agreement Review Request: Professional Services Agreement with Searle Creative for On- Call Outreach Support Services (COVID-19) Hello Jeff, Attached for your review is the proposed Professional Services Agreement with Searle Creative for On-Call Outreach Support Services (COVID-19). This agreement request is from the City’s Economic Development Department. Can you please review and advise if this is ok to start routing for signatures or will require any changes? Thank you again! Margarita Cornejo | Financial Services Manager Finance Department City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!) Direct: (951) 723-3716 | City Hall: (951) 672-6777 | Fax: (951) 679-2568 mcornejo@cityofmenifee.us Connect with us on social media: | | | DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A 05/08/2020 City of Menifee 1 10:03AM Page:expstat.rpt Expenditure Status Report 7/1/2019 through 6/30/2020 Periods: 0 through 14 General Fund100 *** Title Not Found ***4000 Prct UsedBalance Year-to-date Encumbrances Year-to-date ExpendituresExpenditures Adjusted AppropriationAccount Number 100-4221 Non Departmental 100-4221-50000 *** Title Not Found *** 0.00 44,987.70 44,987.70 0.00100-4221-52214 Declared Emergency Expense 23,897.45 -68,885.15 Total General Fund 0.00 44,987.70 44,987.70 23,897.45 -68,885.15 0.00 Grand Total 0.00 44,987.70 44,987.70 0.00 23,897.45 -68,885.15 1Page: DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A RESOLUTION NO.20.869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALTFORNIA, PROCLAIMING EXISTENCE AND THREATENED EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Chapter 1.10 of the City of Menifee's (the City) Municipal Code empowers the City Council to proclaim the existence or threatened existence of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as an epidemic; and WHEREAS, pursuant to Menifee Municipal Code Section 1 .10.050(AX1 ), while in session the City Council has been asked by the Director of Emergency Services of the City to proclaim that a local emergency exists; and WHEREAS, the City Council finds that there exists and is threatened to exist conditions of disaster and extreme peril to the safety of persons and property within the City caused by novel coronavirus (COVID-19) epidemic/pandemic. COVID-19 causes infectious diseases and was first detected in Wuhan City, Hubei Province, China in December 2019. WHEREAS, as of March 18, 2020, COVID-19 has spread globally to over 155 countries, infecting more than 212,000 persons and killing more than 8,700 individuals worldwide. Due to the expanding list of countries with widespread transmission of COVID-19, and increasing travel alerts and warnings for countries with sustained or uncontrolled community transmission issued by the Centers of Disease Control and Prevention (CDC), COVID-19 has created conditions that are likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat; and WHEREAS, on January 30,2020 the World Health Organization (WHO) declared the outbreak a "public health emergency of international concern"; WHEREAS, on January 31, 2020 United States Health and Human Services Secretary Alex M. Azar ll declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19; WHEREAS, on February 26,2020 the CDC confirmed the first case of local person-to-person community transmission of COVID-19 in the United States; WHEREAS, on March 8,2020 the Health Officer of Riverside County determined that there is an imminent threat to the public health from the introduction of COVID-19 and declared a local health emergency; WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency in California due to the introduction and spread of COVID-19; WHEREAS, on March 11, 2020 the WHO elevated the public health emergency caused by the spread of COVID-19 to the status of a pandemic; and WHEREAS, as of March 18,2020, there were 16 known and confirmed cases of COVID-19 within Riverside County, and there were two known cases of COVID-19 in Western Riverside County; 12 of the 16 cases were locally acquired; there were three known deaths. 1. DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A Proclaiming Existence of Local Emergency WHEREAS, on March 15, 2020, the Governor of the State of California released statewide guidance, urging the highest risk of population (individuals who are 65 years or older, or have compromised immune system) to self-isolate at home; WHEREAS, on March 16, 2020, the President of the United States issued "The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread," which recommended, and among other things: @: "lf you feel sick, stay home. Do not go to work. Contact your medical provider." Children: "lf your children are sick, keep them at home. Do not send them to school. Contact your medical provider." Tested Positive: "lf someone in your household has tested positive for the coronavirus, keep the entire household at home. Do not go to work. Do not go to school. Contact your medical provider". o Older Persons: "lf you are an older person, stay home and away from other people." Vulnerable: "lf you are a person with a serious underlying health condition that can put you at increased risk (for example, a condition that impairs your lung or heart function or weakens your immune system), stay home and away from other people." o Young and Healthv: "Even if you are young, or otherwise healthy, you are at risk and your activities can increase the risk for others. lt is critical that you do your part to stop the spread of the coronavirus: (a) work or engage in schooling from home whenever possible; ... (c) avoid social gatherings in groups of more than 10 people; (d) avoid eating or drinking in bars, restaurants, and food courts - use drive-thru, pickup, or delivery options; (e) avoid discretionary travel, shopping trips, and social visits; (0 do not visit nursing homes or retirement or long-term care facilities unless to provide critical assistance." WHEREAS, on March 13,2020, school districts serving the City of Menifee, including Menifee Union School District, announced the closure of schools due to COVID-19, effective March 16, 2020; WHEREAS, on March 16,2020, the Health Officer of the County of Riverside issued the "Order of the Health Officer of the County of Riverside Cancelling All Gatherings With Expected Presence of Above 10 lndividuals" which is enforceable by fine, imprisonment or both, and which orders, among other things, as follows: o Gatherinss of 10 or More Prohibited: Allgatherings within Riverside County "with an expected presence of at least 10 individuals taking place between March 16,2020 and April 30,2020 inclusive are pro!!E!!gg], regardless of venue. lf a venue is subdivided into multiple spaces separated by walls or enough airspace, the limit per subdivision of space is 10." o o o o 2 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A Proclaiming Existence of Local Emergency o Gatherinos of Less Than 10 lf a minimum social distance of 6 feet per person cannot be maintained, gatherings of less than 10 are also prohibited. Exceptions: As relevant to the City, the County Health Officer's order does not apply to "edlical citv operations", so long as they observe all applicable state and federal guidelines for infection control; it does, however, apply to all non-critical city operations. o Rationale: The Order explains that "As the presence of individuals [exposed to COVID-191 increases, the difficulty and magnitude of tracing individuals who may have been exposed to a case rises exponentially, increasing the likelihood that such gatherings will impair efforts at mitigating the spread of the illness. WHEREAS, a proclamation of emergency authorizes the City to move quickly to address the significant and changing needs and challenges caused by COVID-19 epidemic; the emergency proclamation enables to Director of Emergency Services to, among other things: (i) lnternal Coordination and Orqanization. The Director controls and directs the effort of the city's emergency organization, directs cooperation between and coordination of services and staff of the city's emergency organization, and resolves questions of authority and responsibility that may arise between them; (ii) Goordination with Public and Private Aqencies: The Directors represents the City in all dealings with public or private agencies on matters pertaining to emergencies; (iii) Rules and Requlations to Protect Life and Propertv: The Director makes and issues rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; (iv) Acquirinq VitalSupplies: The Director obtains vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property; (v) Gommands Emergencv Services of Citv Emplovees: The Director requires emergency services of any city officer or employee, and requisitions necessary personnel or material of the city's departments or agencies; and (vi) Additional Duties and Responsibilities as Assiqned: execute all special powers conferred by resolution adopted by the City Council, all powers conferred by any statute, by any agreement approved by the City Council, and by any other lawful authority. WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal Governments will be criticalto successfully responding to COVID-19; o 3 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A Proclaiming Existence of Local Emergency WHEREAS, these conditions of extreme peril warrant and necessitate that the City of Menifee proclaim the existence of a local emergency and grant the authority and duties further specified in this resolution. NOW, THEREFORE, lT lS PROCLAIMED that a local emergency exists throughout the City and that the Emergency Organization of the City of Menifee, by and through the Director of Emergency Services, shall take all necessary steps for the protection of life, health and safety in the City of Menifee, including those steps authorized in Menifee Municipal Code Chapter 1 .10, those steps further authorized in this resolution, and such additional steps as the City Council may authorize from time to time; and lT lS FURTHER PROGLAIMED, that all City Departments shall, under the direction of the Director of Emergency Services, review and revise their department emergency and contingency plans to address the risks COVID-19 poses to their criticalfunctions; and lT lS FURTHER PROCLAIMED, that all City Departments shall track costs for staffing, supplies, and equipment related to COVID-19 preparation and prevention and forward that information to the City's Finance Department; and lT lS FURTHER PROCLAIMED, the Director of Emergency Services shall coordinate citywide planning, preparedness and response efforts regarding COVID-19 with the Riverside County Department of Public Health and the Riverside County Office of Emergency Services (OES), and all other appropriate authorities. NOW, THEREFORE, BE lT RESOLVED AND ORDERED by the City Council of the City of Menifee, California as follows: Section 1. The area of the City which is endangered/imperiled is the entire City. During the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City. Section 2. ln addition to the authority, duties, and responsibilities set forth in Chapter 1.10 of the Menifee Municipal Code, the Director of Emergency Services shall perform the following additional responsibilities and have the following additional authority for the duration of the declared emergency: (i) Economic Development: The Director shall explore and implement economic development incentives, up to a maximum cumulative amount of $250,000 to assist local businesses during the period of the emergency. Preferred programs will be those that assist local businesses in providing essential services to vulnerable populations (e.9., meal delivery). (ii) CiW Hall Staffins: The Director shall develop and implement a staffing plan that is consistent with the guidance provided by President Trump, the Riverside County Health Official, and other applicable rules and guidelines. ln formulating the staffing plan, the Director shall balance the public health and safety of the Menifee community, the public health and safety of all City employees, and the need to continue to provide essential City services for the near- and long-term duration of the emergency. (iii) Public Safetv: The Director shall work with all public safety authorities (e.9., Riverside County Sheriffs, CalFire), and with the City's Police Department, to ensure that the City's public safety needs are being satisfied. 4 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A Proclaiming Existence of Local Emergency (iv) Onsoino Services: The Director shall make recommendations to the City Council to facilitate the continuing processing of permits, plans, and other entitlements and authorizations of the City; (v) Commission and Committee Meetinss: The Director shall make recommendations for waiving or combining the functions of City Commissions (and expanding the use of telephonic meetings in lieu of in person meetings)so as to minimize in-person meetings where possible. Until such recommendations are considered and acted upon by the City Council, all meetings of all commissions and committees - excluding the Planning Commission - are hereby postponed. (vi)Contractins AuthoriW: The Director, in his capacity as City Manager, shall have authority to approve, as necessary to address the COVID-19 emergency, all contracts up to $100,000 without prior City Council authorization. For contracts up to $200,000, as necessary to address the COVID-19 emergency, the Director will provide 24 hours prior notice of his intent to enter into such contract; if no member of the City Council requests City Council consideration of the contract within the 24 hour period, the Director (in his capacity as City Manager) shall have the authority to enter into the contract on the City's behalf. ln addition, in order to keep the City's contracting procedures functioning efficiently while reducing the City Council's meeting frequency, the Director will provide 24 hours prior notice of his intent to enter into any contract below $200,000 that does nof relate to the COVID-19 emergency; if no member of the City Council requests City Council consideration of the contract within the 24 hour period, the Director (in his capacity as City Manager) shall have the authority to enter into the contract on the City's behalf. The Director shall exercise a preference for local City of Menifee businesses in utilizing the contracting authority delegated in this paragraph. All contracts may be routed and signed via secure electronic signature technology(ies) to the full extent otherwise allowable by law. The City Council understands, acknowledges, and intends, that this is a delegation of authority for emergency purposes. (vii)Reportinq Obligations: The Director shall regularly report on the status of the emergency and the City's response thereto through memoranda to all members of the City Council. Members of the City Council that desire further discussion or evaluation of specific facets of the emergency response may request that an item be agendized for consideration at the next regularly scheduled City Council meeting (or a special meeting if necessary). Section 3. City Council meetings on the first Wednesday of each month shall be cancelled until further notice. City Council meetings on the third Wednesday of each month shall continue, but members of the public, staff, and City Council will be encouraged to telecommute to the maximum extent feasible. lf deemed necessary by the Director, City Council meetings shall be closed to in-person attendance by members of the public; provided, however, that a right to telephonic and/or other remote participation shall be publicized to the Menifee community and described on each City Council agenda. Section 4. A copy of this Resolution will be fonrvarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Menifee; that the Governor waive regulations that may hinder response and recovery etforts; that recovery assistance be made available under that California Disasters Assistance 5 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A Proclaiming Existence of Local Emergency Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. Section 5.This Resolution shall take effect immediately and widespread publicity and notices shall be given said Declaration through the most feasible and adequate means of disseminating such notices throughout the City; Section 6. This Resolution shall remain in effect until terminated by further action of the City Council of the City of Menifee; provided, however, that the continuing need for the proclamation of emergency shall occur on each monthly City Council meeting. Section 6. The duration of this local emergency, the powers, functions and duties of the emergency organization of the City shall be those, prescribed by state law, by ordinances and by resolutions of the City and by the City's Emergency Operations Plan as approved by the City Council of Menifee at29844 Haun Road, Menifee, CA 92586 on March 18, 2020; and that this local emergency shall be deemed to exist until its termination is proclaimed by the City Council of the City of Menifee, State of California. PASSED, APPROVED AND ADOPTED this 18th day of March, 2020 a),).>.- ,,,, r,^,UlrGl,Mayor Attest: ' 3.i"h A. Manwaring, City C Approved as to tbrm T. Melching,Attorney 6 DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) Deines, Liesemeyer, Sobek, Zimmerman l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 20-869 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 18 of March 2020 by the following vote: Ayes: Noes: Absent: Abstain: Sa Clerk None August Ncne A. '::^-^N -^'2 ,MEN IFEE i O6 I , .I \ .F- DocuSign Envelope ID: 66A42071-1FFD-40A9-BC8A-AC884C14BB7A