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2021/07/19 Kimberly Olson-Harris Amendment No. 1 to Agreement between Kimberly Olson-Harris and the City of Menifee for Communication Support Services (Menifee Magazine)* Please attached a second page for additional information to support this agreement. CITY OF MENIFEE Agreement/contract coversheet DATE: July 7, 2021 TO: Armando G. Villa, City Manager CC: Agreement Routed/Approved by City Attorney: 7/7/2021 (Via email, attached) FROM: Kayla Charters, Management Analyst Margarita Cornejo, Financial Services Manager SUBJECT: Amendment No. 1 to Professional Services Agreement between the City of Menifee and Kimberly Olson-Harris for Communication Support Services (Menifee Magazine) 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 (supplies, equipment, services or construction contracts) Increase the term for less than 60 days Public Works Contract for $60,000 or less No – City Council authorized City Manager to sign WHY IS THIS AGREEMENT/CONTRACT NEEDED? The agreement between the City of Menifee and Kimberly Olson-Harris provides Communication Support Services. Kimberly Olson-Harris will oversee the development of Menifee Magazine, the magazine will highlight the wide variety of medical, technical, manufacturing and locally-owned businesses within the city. On November 20, 2020 Kimberly Olson-Harris was awarded the contract. Due to delays caused by the COVID-19 pandemic an extension to the contract deems necessary to finish the project. Amendment No. 1 to the agreement reflects the extended term of the agreement to August 27, 2021 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 INSURANCE REQUIREMENTS CATEGORY APPLICABLE NOT APPLICABLE WAIVED EXPIRATION DATE General Liability 11/6/2021 Automobile Liability Worker’s Compensation Professional Liability Other: Umbrella Liability Other: APPROVED/REVIEWED BY RISK MANAGEMENT (R. Cardenas, Risk Manager): DocuSign Envelope ID: 35467798-932A-4525-9FC8-9A6C7762172B 7/12/2021 7/12/2021 7/15/2021 7/15/2021 7/19/2021 2 The intent of this agreement is to develop a magazine to market the benefits of opening a business within city limits, this aligns with Goal 2 of Strategic Plan- Livable and Economically Prosperous Community. WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT? The additional term of the agreement will cover the period of June 30, 2021 through August 27, 2021 (increase the term of the agreement by 58 days) WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $9,200 (remain the same as the original agreement) HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON? The Consultant has unique experience and extensive knowledge about the City of Menifee. 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 WHERE ARE THE FUNDS COMING FROM? No additional funds required (encumbered PO #02849) WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? N/A IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? N/A. Amendment No. 1 is an extension in term of services, but will not change the existing contract compensation amount. The existing contract has been issued a corresponding Purchase Order (PO) encumbering funds. ATTACHMENTS - CONTRACT/AMENDMENT - CERTIFICATES OF INSURANCE - EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL DocuSign Envelope ID: 35467798-932A-4525-9FC8-9A6C7762172B AMENDMENT NO. 1 TO AGREEMENT BETWEEN KIMBERLY OLSON-HARRIS AND THE CITY OF MENIFEE FOR COMMUNICATION SUPPORT SERVICES (MENIFEE MAGAZINE) This is Amendment No. Amendment to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on November 20, 2020 between the City of Menifee (“City”) and KIMBERLY OLSON-HARRIS (“Consultant”) for COMMUNICATION SUPPORT SERVICES (MENIFEE MAGAZINE) which Amendment No. 1 is made and entered into on ______________, 2021 to extend the term of services as indicated below: 1. Section 1.1, “Term of Services” is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on the November 4, 2020 and shall end on August 27, 2021 unless the term of the 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 the City's right to terminate the Agreement, as provided for in Section 8. 2. Section 1.6, “Covid-19 Safety” is included to read as follows: 1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing. 3. Exhibit A, Scope of Services is supplemented to include Amendment No. 1- Exhibit A: Communication Support Services for Menifee Magazine, which is attached as Exhibit A hereto. “Amendment No. 1- Exhibit A: Communication Support Services for Menifee Magazine (Amendment No.1)” is not intended to replace the original Exhibit A to the Agreement, but instead to augment the scope of work listed in the original Exhibit A to the Agreement. 4. All other terms and conditions of the Agreement remain in full force and effect. DocuSign Envelope ID: C0BD0A89-ADED-4785-85FA-D0136FAD90D6DocuSign Envelope ID: 35467798-932A-4525-9FC8-9A6C7762172B July 19, 2021 Professional Services Amendment No. Amendment with KIMBERLY OLSON-HARRIS CITY OF MENIFEE KIMBERLY OLSON-HARRIS _______________________________ _______________________________ Armando G. Villa, City Manager Kimberly Olson-Harris, Owner Attest: ________________________________ _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: C0BD0A89-ADED-4785-85FA-D0136FAD90D6DocuSign Envelope ID: 35467798-932A-4525-9FC8-9A6C7762172B Amendment No. 1- Exhibit A: Communication Support Services for Menifee Magazine Consultant shall provide the following services: • Comprehensive Communication Support Services for Menifee Magazine extended to include 58 days, through August 27, 2021, at the proposal established in the originally executed agreement, due to delays caused by COVID-19 pandemic. DocuSign Envelope ID: C0BD0A89-ADED-4785-85FA-D0136FAD90D6DocuSign Envelope ID: 35467798-932A-4525-9FC8-9A6C7762172B 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 Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd Floor New York, NY 10022 Kimberly Olson Harris 29368 Via Espada Murrieta CA 92563 11/06/2020 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 X X X Primary & Non ContributoryA X Y Y UDC-4652704-CGL-20 11/06/2020 11/06/2021 1,000,000 100,000 5,000 0 2,000,000 S/T Gen. Agg. City of Menifee is an Additional Insured on a primary and non-contributory basis. This policy is endorsed with a Waiver of Subrogation in favor of City of Menifee. City of Menifee 29844 Haun Road Meneifee, CA 92586 MTTU DocuSign Envelope ID: 35467798-932A-4525-9FC8-9A6C7762172B From:Margarita Cornejo To:Paula Muratore Subject:RE: Agreement Review Request: Amendment No1 to Professional Services Agreement with Kimberly Olson-Harris for Communication Support Services (Menifee Magazine) Date:Wednesday, July 7, 2021 3:06:32 PM From: Margarita Cornejo Sent: Wednesday, July 7, 2021 3:06 PM To: Sanders, Jessica <jsanders@rutan.com> Cc: Jeffrey T. Melching <jmelching@rutan.com> Subject: Agreement Review Request: Amendment No1 to Professional Services Agreement with Kimberly Olson-Harris for Communication Support Services (Menifee Magazine) Good Afternoon Jessica, Attached for your review is the proposed Amendment No. 1 to Professional Services Agreement with Kimberly Olson-Harris for Communication Support Services for Menifee Magazine. This agreement request is from the City’s Public Works/Engineering 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: | | | *Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email. DocuSign Envelope ID: 35467798-932A-4525-9FC8-9A6C7762172B