2008/10/01 Riverside, County Economic Development Agency 1 SERVICE AGREEMENT BY AND BETWEEN
ECONOMIC DEVELOPMENT AGENCY (EDA)
2 AND THE CITY OF MENIFEE
3
4 THIS AGREEMENT, is entered into by and between COUNTY OF RIVERSIDE, a political
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 CSA'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 CSA'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 the
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 represent
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 sum not to exceed five
Page 1 of 6
JUN 3 0 2009 .2�
I
1 hundred thousand nine hundred and six dollars and thirty one cents, ($500,906.31) to be paid
2 quarterly for the fiscal year. COUNTY shall submit an invoice to the CITY for all work
3 completed. The CITY shall reimburse COUNTY within thirty (30) days of receipt of invoice.
4 3. AMENDMENTS TO WORK PROGRAM. The City is authorized to approve
5 and execute changes to the Agreement. Such changes shall be mutually agreed upon by an
6 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, 2009.
10 5. COOPERATION BY AGENCY. All information, data, reports, records, an
11 maps existing, available to the CITY and necessary for carrying out the work described, shall b
12 furnished to COUNTY without charge by the CITY. The CITY shall cooperate with COUNT
13 as appropriate to facilitate, without undue delay, the work to be performed under this Agreement.
14 6. DESIGNATED REPRESENTATIVES. The following individuals are hereby
15 designated as representatives of the CITY and COUNTY respectively to act as liaison between
16 the parties:
CITY COUNTY
17 George Wentz, City Manager Bill Brown, Operations Manager
18 City of Menifee Riverside County
29714 Haun Road Economic Development Agency
19 Menifee, CA 92586 P.O. Box 1180
20 Riverside, CA 92502 Riverside, CA 92502
(951)672-6777 (Office) (951) 955-8916 (Office)
21 (951) 679-3843 (Fax) (951) 955-9505 (Fax)
22 Any change in designated representatives shall be promptly reported to the other party i
23 order to ensure proper coordination of the Project.
24 7. STANDARDS OF PERFORMANCE. COUNTY shall comply with all
25 applicable laws, ordinances and codes of the federal, state and local governments whit
26 performing the services described herein in a good, skillful, and professional manner.
27
28
Page 2 of 6
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 direct
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
g 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 consent
12 shall be void and of no force or effect.
13 10. NON-DISCRIMINATION REQUIREMENTS. COUNTY shall ensure that
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 documents prepared b
21 COUNTY, by or through County Counsel.
22 12. GOVERNING LAW; JURISDICTION. This Agreement shall be governed b
23 and construed in accordance with the laws of the State of California. The parties agree that this
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 State
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 either
Page 3 of 6
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 tennination, 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 an
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, P.O. Box 1180.
21 Riverside, CA, 92502. Notice by COUNTY to CITY shall be deemed delivered if sent b
22 certified mail, return receipt requested to: City Manager, City of Menifee, 29714 Haun 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.
Page 4 of 6
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 the
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 al
13 prior and contemporaneous agreements and understandings, oral or written, in connection
14 therewith. Any amounts to or clarification necessary to this Agreement shall be in writing an
15 acknowledged by all parties to the Agreement. This Agreement may be changed or modified
16 only upon the written consent of the parties.
17 //
18 //
19 //
20 //
21
22 //
23 //
24 //
25 //
26
27
28 //
Page 5 of 6
1 IN WITNESS WHEREOF, the CITY and COUNTY have executed this Agreement a
2 of this date
3 COUNTY CITY
4
5 �.
6 By: �� By:
Jeff St ; Geo+-e entz
7 6awlian. oard of Supervisors City Manager, City of Menifee
8
APPROVED AS TO (FORM:
9
10
11 By:
12 County Counsel
13
ATTEST:
14 KEGI� �, E -IHE(A QIerk
15 B I
D U Y
16
17
18
19
20
21
22
23
24
25
26
27
28 ,;X5XProperny Tax Sm iceslPsomas Propeny Tax Agreement'_o09 Final doc
Page 6 of 6
JUN 8 0 2009 3 Z,G'
Exhibit "A"
CITY OF MENIFEE
SERVICE AGREEMENT
FISCAL YEAR 2009-2010
County will provide the following staffing in accordance with the listed cost:
Maintenance Staff Full Time Equivalent COST (Salary& Benefits)
Facilities Caretaker 100% $53,365.00
Senior Facilities Caretaker 25% $16,459.54
Facilities Manager 15% $ 7,406.79
Recreation Staff
Community Center Director 100% $71,259.81
Community Center Assistant 100% $56,969.17
Recreation Coordinator 25% $11,170.00
Recreation Coordinator 25% $11,170.00
Sports Coordinator 25% $19,560.00
Overtime/Emergency Repairs $15,000.00
Event Staffing $25.000.00
Total Staff $287,360.31
Vehicles:
Facilities Caretaker 100% $6,000.00
Senior Facilities Caretaker 25% $1,500.00
Facilities Manager 15% $ 900.00
Recreation Coordinator 25% $1,500.00
Recreation Coordinator 25% $1,500.00
Sports Coordinator 25% $1.500.00
Total Vehicles $12,900.00
Tools& Safety Equipment $2,400.00
Uniforms $1,200.00
Total Tools,Uniforms, & Equipment $3,600.00
Miscellaneous Supplies $2,400.00
Fertilizer& Chemicals $5,000.00
Landscape Maintenance $50.000.00
Total Supplies, Chemicals,& Landscaping $57,400.00
Movie Licensing $2,000.00
Recreation Supplies $2,500.00
Total Licensing& Recreation Supplies $4,500.00
Assessment Engineering $15,000.00
Tax Roll Maintenance $45,146.00
Administration& Support $75,000.00
Total Tax Roll and Administration $135,146.00
Total Contract Services provided by County $500,906.31
i
City Provided Services: (Accounts will be transferred to City on or before July 1,2009)
1) Electricity: All parks, Lazy Creek Comm Center, and streetscapes(irrigation controllers)
2) Water& Sewer: All parks, Lazy Creek Community Center,and streetscapes
3) Trash Service: Lazy Creek Park,Peterson Park,La Ladera Park
4) Phone lines (irrigation controllers)at select sites
5) Streetlights throughout affected area
6) Portable Restroom Service: Marsh Park (optional)
7) Security Patrol (Optional)
Facilities to be maintained by County: (July 1,2009 to.Tune 30,2010)
1) Lazy Creek Community Center: 26480 Lazy Creek Road, Menifee, CA.
-County to provide all building maintenance.
-County to provide facility staffing (Monday-Friday, 8-5pm)
2) Lazy Creek Park: 26480 Lazy Creek Road, Menifee, CA.
-County to provide all landscape/park maintenance.
3) Marsh Park: 27050 School Park Drive, Menifee, CA.
-County to provide all landscape/park maintenance.
4) Nova Park: 25444 Nova Lane, Menifee, CA.
-County to provide all landscape/park maintenance.
5) Peterson Park: 29621 Park City Avenue,Menifee, CA.
-County to provide all landscape/park maintenance.
-County to maintain fixtures at restroom facility.
6) La Ladera Park: 29629 La Ladera Road, Menifee,CA.
-County to provide all landscape/park maintenance
-County to maintain fixtures at restroom facility.
7) Rancho Ramona Park: 28050 Encanto Drive, Menifee, CA.
-County to provide all landscape/park maintenance.
8) Calle Thomas Streetscape(Individual lots, .50 acres, Calle Thomas&Newport Road)
-County to provide all landscape maintenance.
9) Gallery Oaks Streetscape: (Tract 30664, .68 acres,Murrieta Road& Wickerd Road)
-County to provide all landscape maintenance.
10)Woodside Domes Nelson 55 Streetscape: (Tract 30902, .40 acres,Nordic Lane,
Holland Road, Sherman Road)
-County to provide all landscape maintenance.
County will provide the following Recreation Programming:
-Daily activities at Lazy Creek Community Center(Preschool, Computer Lab, Leaders in
Training, After-School programs)
-County to plan, organize,and schedule activities&sports(parks& community center)
-One large community event per month(i.e. Easter Egg Hunt, Mother's Day, Astronomy Day,
Halloween,Breakfast w/Santa)
-Youth Summer Camp: June-August(Monday-Friday, 1 Field Trip per week)
-Movie in the Park(La Ladera Park): June 25, July 9,July 23, Augustl3, August 27
(includes pre-show activities,arts&crafts, games, set-up, breakdown,)
-City and County will work together to determine, set, and allocate fees, as appropriate. Unless
otherwise directed by City,the County shall continue to use current fees for programs and
services. Fees collected for programs or services not otherwise reimbursed to instructors shall
offset against the operation costs of the programs and facilities and reflected on a credit on the
invoices to the City.
Countv will provide the following Special District Administration:
-County to maintain previous CSA Tax Rolls for CSA 33, 43, 80, 84, 86, 138, 145.
-Answer questions from the public regarding special tax assessments.
-Handle questions from developers regarding special tax assessments.
-Audit parcels for accuracy.
-Set- up fund numbers for accounting.
-Research CSA tax bills for residents.
-Assist with preparation for Notice of Intent/Public Hearing for CSA charges.
-Prepare documents for City when requested for public hearings.
-Attend City Council meetings for CSA matters.
- Provide all required licenses/certifications for equipment and staff.
Additional Pre-Approved Purchases to be Reimbursed to the County by the City include
the following but not limited to:
-City approved advertising for each event and programming
-Printing costs, flyers, banners for each event
-Recreation supplies, arts & crafts for each large event
-Equipment rentals for Special Events
-Replacement equipment for parks&facilities
Optional County 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 plan, organize, and schedule activities& sports (parks & community center)
*County to provide project staffing for future park improvements