2020/05/26 Video Approach 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 to City Attorney: 5/12/2020 (Via email, attached)
Insurance Requirements: General Liability (Expiration Date: 05/01/2021)
(Attached) Automobile Liability (Expiration Date: 08/01/2020)
Worker’s Compensation
Other- Professional Liability (Expiration Date: 06/25/2020)
FROM: Margarita Cornejo, Financial Services Manager
Kayla Charters, Management Analyst
SUBJECT: Professional Services Agreement between the City of Menifee and Video Approach 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 Video Approach provides outreach support
services related to the pandemic COVID-19, specifically, for the conception, production and delivery of videos to assist
during the COVID-19 crisis. This agreement is necessary to assist staff in the development/production of educational and
informative videos in a daily bases to support our community.
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.
Department Date Initials
Gina Gonzalez, Economic Dev. Director
Wendy Preece, Deputy Finance Director
Rochelle Clayton, Deputy City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
5/14/2020
5/14/2020
5/14/2020
5/14/2020
5/26/2020
2
WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT?
The term of the agreement will cover the period of May 5, 2020 through December 31, 2020
WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT?
$31,000(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 5/7/2020 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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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 VIDEO APPROACH, a SOLE PROPRIETOR
(“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 t his 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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
May26th
2671/031858-0001
7630421.2 a01/13/20 -2-
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THIRTY ONE THOUSAND
DOLLARS AND ZERO CENTS ($31,000.00) 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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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 Mike Watson, Owner (“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:
VIDEO APPROACH
Attn: Mike Watson, Owner
5730 BOUNTY STREET
SAN DIEGO, CA 92120
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
DocuSign Envelope ID: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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 repo rt/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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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
Mike Watson, Owner
Mike Watson, 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: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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 THIRTY ONE THOUSAND
DOLLARS AND ZERO CENTS ($31,000.00).
DocuSign Envelope ID: 0222CF98-4BEC-49C3-9191-8946554B7DC4DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
DocuSign Envelope ID: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
From:Margarita Cornejo
To:Paula Muratore
Subject:FW: Agreement Review Request: Professional Services Agreement with Video Approach for On-Call Outreach
Support Services (COVID-19)
Date:Tuesday, May 12, 2020 11:47:20 AM
Attachments:1920 ED -PROFESSIONAL SERVICES AGREEMENT (VIDEO APPROACH) (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 Video Approach for On-
Call Outreach Support Services (COVID-19)
Hello Jeff,
Attached for your review is the proposed Professional Services Agreement with Video Approach 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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
05/07/2020
City of Menifee
1
3:20PM
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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129
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: EB88B8F4-73AB-44AA-B251-7DCA2DAAC129