2010/07/01 Riverside, County Continued support from Economic Development Agency for county service areas: 33, 43, 80, 84, 86, 138, 145 1 SERVICE AGREEMENT BY AND BETWEEN
ECONOMIC DEVELOPMENT AGENCY (El DA)
2 AND THE CITY OF MENIFEE
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4 THIS AGREEMENT, is entered into by and between COUNTY OF RIVERSIDE, a politic
5 subdivision of the State of California (hereinafter "COUNTY") and the City of Menife
6 (hereinafter"City")for the provision of services to administer former County Service Areas.
7 RECITALS
8 WHEREAS,the City of Menifee was incorporated on October 1,2008 and as part of tha
9 incorporation all or a portion of CSR's 33, 43, 80, 84, 86, 86, 138 and 145 were included within
10 the City; and
11 WHEREAS, EDA through the County Service Areas (CSA)has continued to administe
12 the CSAs during the transition period;and
13 WHEREAS, the City now specifically desires that the Economic Development Agency
14 continue to provide services for the CSR's, in consultation with City; and
15 WHEREAS, the City and County desire herein the terms and conditions pursuant t
16 which the County will continue to provide such services to City; and
17 NOW,THEREFORE,the parties hereby agree as follows:
18 1. WORK PROGRAM. COUNTY shall provide all services as outlined an
19 specified in Exhibit"A" attached hereto and by this reference is incorporated herein. COUNT
20 represents and maintains that it is skilled to perform all services, duties and obligations require
21 by this Agreement to fully and adequately complete the project. COUNTY shall perform th
22 services and duties in conformance to and consistent with the standards generally recognized a
23 being employed by professionals in the same discipline in the State of California. COUNT
24 further represents and warrants that it has all licenses, permits, qualifications and approvals o
25 whatever nature legally required to practice its profession/service. COUNTY further represents
26 that it shall keep all such licenses and approvals in effect during the term of this Agreement.
27 2. COMPENSATION AND METHOD OF PAYMENT. COUNTY'S
28 compensation shall be an amount for actual work performed in a lump slnn not to exceed fiv
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1 hundred ten thousand and nine dollars and fifty two cents, ($510,009.52)to be paid quarterly fo
2 the fiscal year. COUNTY shall submit an invoice to the CITY for all work completed. The
3 CITY shall reimburse COUNTY within thirty (30) days of receipt of invoice.
4 3. AMENDMENTS TO WORK PROGRAM. City/County are authorized t
5 approve and execute changes to the Agreement. Such changes shall be mutually agreed upon b
6 and between the CITY and COUNTY and shall be incorporated in written amendments to this
7 Agreement.
8 4. TERM OF THE AGREEMENT. This Agreement duration shall be for a period
9 of one (1) year commencing July 1, 2010 with four (4) one-year automatic renewal options.
10 City/County shall notify other party of decision to not renew contract by March 31"of each year.
11 Otherwise, automatic renewal shall occur per terms of the contract.
12 5. COOPERATION BY AGENCY. All information, data, reports, records, and
13 maps existing, available to the CITY and necessary for carrying out the work described, shall b
14 furnished to COUNTY without charge by the CITY. The CITY shall cooperate with COUNT
15 as appropriate to facilitate,without undue delay,the work to be performed under this Agreement.
16 6. DESIGNATED REPRESENTATIVES. The following individuals are hereby
17 designated as representatives of the CITY and COUNTY respectively to act as liaison betwee
18 the parties:
CITY COUNTY
19 City Manager Bill Brown, CSA Operations Manager
20 City of Menifee Riverside County EDA
29714 Ilaun Road 3403 10' Street, Ste 500
21 Menifee, CA 92586 Riverside CA 92501
22 (951) 672-6777 (Office) (951) 955-8916 (Office)
(951) 679-3843 (Fax) (951) 955-9505 (Fax)
23 Any change in designated representatives shall be promptly reported to the other party in
24 order to ensure proper coordination of the Project.
25 7. STANDARDS OF PERFORMANCE. COUNTY shall comply with al
26 applicable laws, ordinances and codes of the federal, state and local governments whit
27 performing the services described herein in a good, skillful,and professional manner.
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1 S. OWNERSHIP OF DOCUMENTS. Documents, reports and materials prepare
2 under this Agreement shall become the property of the CITY upon receipt by the CITY'S
3 designated representative named in Section 6 of this Agreement.
4 9. PERSONNEL AND ASSIGNMENT. COUNTY represents that it has al
5 personnel required to perform the services under this Agreement or will subcontract for
6 necessary services. COUNTY'S personnel shall not be employed by, nor have any dixec
7 contractual relationship with, the CITY. All services required hereunder shall be performed b
8 COUNTY, its employees, or personnel under direct contract with COUNTY or subcontractors, i
9 being specifically provided, however, that COUNTY shall not assign or subcontract the
10 performance of this Agreement nor any part thereof without the prior written consent of the
11 CITY. Any attempt to assign or delegate any interest or obligation herein without said consen
12 shall be void and of no force or effect.
13 10. NON-DISCRIMINATION REQUIREMENTS. COUNTY shall ensure that
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14 there shall be no discrimination against or segregation of any person, or group of persons, o
15 account of sex, marital status, race, religion, color, creed, national origin or ancestry in the
16 performance of this Agreement and that COUNTY, Contractor, or any person claiming under o
17 through the CITY shall not establish or permit any such practice or practices of discrimination o
18 segregation.
19 11. LEGAL REVIEWS.The CITY may, in its sole and exclusive discretion,
20 conduct reviews to determine the legal sufficiency of any and all dociunents prepared by
21 COUNTY,by or through County Counsel.
22 • 12. GOVERNING LAW, JURISDICTION. This Agreement shall be governed b
28 and construed in accordance with the laws of the State of California. The parties agree that thi
24 Agreement has been entered into at Riverside, California, and that any legal action related to the
25 interpretation or performance of the Agreement shall be filed in the Superior Court of the Stat
26 of California, in Riverside, California.
27 13. ATTORNEY'S FEES. In the event of any litigation or arbitration between
28 CITY and COUNTY to enforce any of the provisions of this Agreement or any right of eithe
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1 party hereto, the unsuccessful party to such litigation or arbitration agrees to pay the prevailing
2 party all costs and expenses, including reasonable attorneys' fees, incurred therein by the
3 prevailing party, all of which shall be included in and as a part of the judgment rendered in such
4 litigation or arbitration.
5 14. AUTHORITY OF CONSULTANT. COUNTY and its agents, servants,
6 employees and subcontractors shall act at all times in an independent capacity during the term o
7 this Agreement, and shall not act as, and shall not be, nor shall they in any manner be construe
8 to be, agents, officers or employees of CITY, and further, COUNTY, its agents, servants,
9 employees and subcontractors, shall not in any manner incur or have the power to incur any debt
10 obligation or liability whatever against the CITY.
11 15. TERMINATION. Either party may terminate this Agreement upon thirty (30
12 days written notice to the other. In the event of such termination, COUNTY shall b
13 compensated for all services performed and expenses incurred to the date of notice o
14 termination as described in a written report to the CITY prepared, by the COUNTY. Upon
15 termination, the COUNTY shall submit to the CITY all materials and reports (including any
16 uncompleted reports or unfinished work). Such compensation shall be paid within thirty (30)
17 days of termination.
18 16. NOTICES OF TERMINATION. Notice of termination by CITY to COUNT
19 shall be deemed delivered if sent by certified mail, return receipt requested, to: Bill Brown,
20 Operations Manager, Riverside County Economic Development Agency, 3403 10a' Street, St
21 500, Riverside, CA, 92501. Notice by COUNTY to CITY shall be deemed delivered if sent b
22 certified mail, rehurri receipt requested to: City Manager, City of Menifee, 29714 Haan Road,
23 Menifee, CA, 92586.
24 17. CONFLICT OF INTEREST. COUNTY represents and agrees that COUNT
25 has not employed any person to solicit or procure this Agreement and has not made, and will no
26 make, any payment or any agreement for the payment of any commission, percentage,
27 brokerage, contingent fees, or other compensation in connection with the procurement of thi
28 Agreement.
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1 18. INDEPENDENT CONTRACTOR. It is understood and agreed that COUNT
2 is an independent contractor and that no relationship of employer-employee exists between the
3 parties hereto. COUNTY shall not be entitled to any benefits payable to employees of CIT
4 including City Workers' Compensation Benefits. It is further understood and agreed by the
5 parties hereto that COUNTY, in the performance of its obligation hereunder, is subject to th
6 control or direction of CITY merely as to the result to be accomplished by the services hereunde
7 agreed to be rendered and performed and not as to the means and methods of accomplishing the
8 results. COUNTY, its employees and agents shall maintain professional licenses required by the
9 laws of the State of California at all times while performing services under the Agreement.
10 19. ENTIRE AGREEMENT. This Agreement is intended by the parties hereto as
11 final expression of their understanding with respect to the subject matter hereof and as
12 complete and exclusive statement of the terms and conditions thereof and supersedes any and aI
13 prior and contemporaneous agreements and understandings, oral or written, in comiecfro
14 therewith. Any amounts to or clarification necessary to this Agreement shall be in writing and
15 acknowledged by all parties to the Agreement. This Agreement may be changed or modified
16 only upon the written consent of the parties.
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1 IN WITNESS WHEREOF, the CITY and COUNTY have executed this Agreement a
2 of this date
3 COUNTY CITY
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6 By: By:
Marion Ashley City Manager
7 Chairman, Board of Supervisors City of Menifee
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APPROVED AS TO FORM:
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By:
12 County Counsel
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28 SlCommunhy SerOcesWeN2e FncorpmfloflTY 2010-2011 Service AgreomentWie Ifee Agwmont FY 2010-2011.doc
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City Provided Services:
Electricity
Water& Sewer
Trash Service
Phone lines (Community Center&irrigation controllers)
Alarm Service(Community Center)
Streetlights
Facilities to be maintained by County: Landscaping, Irrigation Repairs,Facility Management
1) Lazy Creek Community Center: 26480 Lazy Creels Road, Menifee, CA.
2) Lazy Creek Park: 26480 Lazy Creek Road,Menifee, CA.
3) Marsh Park: 27050 School Park Drive,Menifee, CA.
4) Nova Park:25444 Nova Lane,Menifee, CA.
5) Peterson Park: 29621 Park City Avenue,Menifee, CA.
6) La Ladera Park: 29629 La Ladera Road,Menifee, CA.
7) Rancho Ramona Park: 28050 Encanto Drive,Menifee, CA,
Special Services: Included in Proposal
1) Community Events (Easter Egg Hunt, Father's Day Campout, Woofstock,Menifee
Incorporation Party,Halloween Fun, Children's Holiday Workshop,Breakfast w/Santa)
2)Preschool Program at Lazy Creek Community Center
-Adventures in Learning Pre-Kindergarten
-Discovery Time (4 year olds)
-Discovery Time(3 year olds)
3)WEE Folks: Parent and Me Classes
4)T.R.E.K. Afterschool Program(Teaching Relationship Enrichment to Kids)
5)Leaders In Training(high school age leadership training/youth mentoring program)
6)M.A,R.S. Summer Explorer(youth summer camp)
(July-August,Monday-Friday, 1 field trip per week)
7) Movie in the Park: July-August
(4 movies,includes pre-show activities,arts &crafts, games)
Reimbursable Exoenses at Additional Cost(purchases pre-approved by City):
City approved advertising for each event
Printing costs, flyers, banners for each event
Recreation supplies,arts & crafts for each event
Equipment rentals for Special Events
Replacement equipment for parks& facilities
Major repairs for parks & facilities
Movie Licensing Fees
Items not listed,but necessary for recreation/maintenance and approved by City
Optional Services at Additional Costs:
Assessment Engineering/Annexation for new developments $1,555.00+$20 per unit
*County to provide all required licenses/certifications for equipment and staff
*County to maintain previous CSA Tax Rolls
*County to provide staffing at Lazy Creek Community Center
*County to plan, organize, and schedule activities &recreation(parks & community center)
*County to provide project staffing for future park improvements(if needed)
CITY OF MENIFEE
PARK AND RECREATION SERVICES
CSA TAX ROLL MANAGEMENT
2010-2011
Maintenance Staff FTE COST(Salary&Benefits)
Facilities Caretaker 100% $ 58,340.41
Senior Facilities Caretaker 50% $ 33,611.94
Facilities Manager 15% $ 15,783.58
Recreation Staff
Community Center Director 100% $ 74,350.16
Community Center Assistant 100% $ 50,981.54
Recreation Coordinator 50% $ 28,395.89
Overtime/Emergency Repairs $ 1,500.00
Event Staffing $25,000.00
Total Staff $ 287,963.52
Vehicles
Facilities Caretaker 100% $ 6,000.00
Senior Facilities Caretaker 50% $ 3,000.00
Facilities Manager 15% $ 900.00
Recreation Coordinator 50% $ 3,000.00
M.A.R.S.Activity Van/Field Trips $ 1,500.00
Total Vehicles $ 14,400.00
Tools&Safety Equipment $ 1,500.00
Uniforms $ 1,200.00
Total Tools,Safety Equipment,&Uniforms $ 2,700.00
Miscellaneous Supplies $ 1,200.00
Fertilizer&Chemicals $ 5,000.00
Landscape Maintenance $ 75,000.00
Total Supplies,Chemicals, &Landscaping $ 81,200.00
Recreation Center Supplies $ 3,600.00
Total Recreation Center Supplies $ 3,600.00
Tax Roll Maintenance $ 45,146.00
Administration,Support Services, Human Resources,Accounting $ 75,000.00
Total Tax Roll and Administrative Services $ 120,146.00
Total Contract Services provided by County of Riverside $ 510,009.52