2010/07/01 Riverside, County FY10 Net saving agreement COUNTY NET SAVINGS AGREEMENT
BY AND BETWEEN THE
COUNTY OF RIVERSIDE AND
CITY OF MENIFEE
This COUNTY NET SAVINGS AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF MENIFEE ("City"), a municipal corporation incorporated under
the laws of the Stara of California,. and the COUNTY OF RIVERSIDE ("County"), a political
subdivision of the State of California,as of the date of approval by both Parties.
RECITALS
WHEREAS, on July 31, 2007, in accordance with Government Code section
56815(c)(2), County Board Policy A-46 was amended to authorize annual revenue augmentation
to the City to offset the decrease in County costs for public services that would result from the
incorporation of the City for first ten years following incorporation; and
WHEREAS, on or about October 25, 2007, Riverside Local Agency Formation
Commission approved the proposed incorporation of the City for Boundary Alternative 3,
adopted the Menifee CFA which calculated the annual revenue augmentation to the City based
on the estimated annual net savings to the County resulting from the City's incorporation, and
required the County to provide annual revenue augmentation to the City consistent with the
County's action taken on July 31,2007 as reflected in the Menifee CFA;and
WHEREAS, on October 31, 2007, a legal challenge was brought against County Board
Policy A-46 and County augmentation payment in Ste. Marie v. County of Riverside, Riverside
County Superior Court Case No. RIC 484325 ("Ste. Marie action");and
WHEREAS, on June 27, 2008, the trial court in the Ste. Marie action denied plaintiff's
motion for summary judgment and determined that County Board Policy A-46 and the
augmentation payment did not constitute a gift of public funds and were authorized by law; and
WHEREAS, the City was incorporated under the general laws of the State of California
effective October 1, 20089 and on October 7, 2008, the County and City entered into a County
Augmentation Agreement setting forth the terms and conditions relating to County annual
augmentation payments to the City for the first ten years following incorporation;and
WHEREAS, on December 12, 2008, the trial court ruling in the Ste. Marie action was
appealed by plaintiff, and on June 18,2010,the Fourth District Court of Appeal, in reversing the
trial court's determination, held that cash may not be transferred to the City by the County in the
form of augmentation payment, however, the County may agree to provide services free of
charge to the City on such terms and conditions as the parties approve in accord with the
provisions of Government Code section 57384(c); and
WHEREAS, on November 3, 2010, in accordance with Government Code section
57384(c), the City adopted Resolution 10-173, requesting that the County provide law
Page 1 of 11
JUN 14 2011 38
enforcement services to the City free of charge up to the amount of the annual augmentation
payment value; and
WHEREAS, pursuant to County Resolution 2010-65 adopted on March 29, 2011, the
County agreed,commencing in Fiscal Year 2010/2011 and concluding in Fiscal Year2017/2018,
to provide law enforcement services through the County Sheriff's Department to the City free of
charge up to the amount of the annual augmentation payment shown in the Menifee CFA for a
given fiscal year reduced by the amount of actual sales and use tax revenues that exceeds the
estimated sales and use tax projected for that fiscal year;and
WHEREAS, if the City ceases to contract with the County for law enforcement services
prior to June 30,2018,County Resolution 2010-65 will be deemed void and of no effect.
NOW THEREFORE, in consideration of mutual promises and covenants contained
herein, the Parties agree as follows:
I. DEFINITIONS
A. "County Augmentation" means the amount approved by the County Board of
Supervisors on July 31, 2007 to be paid to the City for the first ten years
following incorporation as reflected in the Menifee CFA for Boundary Alternative
3 reduced by any Excess Sales and Use Tax.
B. "County Augmentation Agreement" refers to the County Augmentation
Agreement entered into between the City and County on October 7, 2008.
C. "County Net Savings Amount"means for a given fiscal yew,the amount reflected
in Table 1, County Net Savings Calculations, of Section S.A of this Agreement
for that fiscal year.
D. "Excess Sales and Use Tax" means the amount of the sales and use tax revenue
collected by the.California State Board of Equalization pursuant to and defined by
Part 1.5 of Division 2 of the Revenue and Taxation Code within the City for any
year during the first ten years following incorporation that exceeds the sales and
use tax projected for that year in the Menifee CFA.
E. "Fiscal Year"means the County's fiscal year beginning July 1 and ending June 30
annually.
F. "Parties"means the County of Riverside and the City of Menifee.
G. "Sales and Use Tax" means the sales and use tax revenue collected by the
California State Board of Equalization pursuant to and as defined by the Bradley-
Bums Uniform Local Sales and Use Tax Law contained in Part 1.5 of Division 2
of the Revenue and Taxation Code.
Page 2 of 11
H. "Sales and Use Tax Analysis" means the analysis produced by the City
documenting the amount of Excess Sales and Use Tax, if any,collected within the
City for the previous fiscal year, and shall include summary documentation from
the California State Board of Equalization of the sales and use tax collected
within the City during the previous fiscal year.
I. "Terminating Fiscal Year" means the fiscal year that the City ceases to contract
with the County for law enforcement services prior to June 30,2018.
J. "Menifee CFA"refers to the Public Hearing Draft Comprehensive Fiscal Analysis
dated October 2, 2007 for the proposed incorporation of the City of Menifee,
which was adopted by LAFCO on or about October 25,2007.
2. PURPOSE OF AGREEMENT
The purpose of this Agreement is to set forth the mutual understandings between the
Parties of the terms and conditions relating to the maximum value of law enforcement
services provided without charge by the County, through the County Sheriff's
Department, to the City for each fiscal year, commencing in Fiscal Year 2010/2011
through Fiscal Year 2017/2018.
3. COUNTY AUGMENTATION AGREEMENT
A. The Parties acknowledge that the Fourth District Court of Appeal in the Ste.
Marie action rendered the County Augmentation void and unenforceable. County
shall not pay any County Augmentation to the City for Fiscal Years 2010/2011
through 2017/2018.
B. The Parties agree that this Agreement shall supersede the County Augmentation
Agreement.
4. AGREEMENT FOR LAW ENFORCEMENT SERVICES
A. The Parties acknowledge that a separate Agreement for Law Enforcement
Services was entered into between the City and County, on behalf of the County
Sheriffs Department, and is currently effective.
B. If the City ceases to contract with the County for law enforcement services prior
to June 30, 2018,the Parties agree that:
(i) City shall notify the County in writing no later than twelve (12) months
prior to the date the City ceases to contract with the County for law
enforcement services;and
(ii) Notwithstanding any other provisions in this Agreement to the contrary,
County's obligations to provide law enforcement services without charge
Page 3 of 11
to the City pursuant to Section 5.13 of this Agreement shall immediately
terminate on the date the City ceases to contract with the County for law
enforcement services.
5. COUNTY OBLIGATIONS -
A. The Parties agree the amounts in Table 1, County Net Savings Calculations,
herein below, are the estimated annual net savings to the County projected in the
Menifee CFA for Boundary Alternative 3 for the first ten years following the
City's incorporation.
Table 1
County Net Savings Calculations
Transltbn
Year 2 3 4 5 6 7 8 9 10
FY 08M FY 09110 FY 10111 FY 11/12 FY 12113 FY 13/14 FY 14/16 FY 15/16 FY 16117 FY 17118
690 055357 881016 S907 M8 $934.671 6E 711 —1584 1021347 1051981 E1063541
B. Except w otherwise provided in Paragraph (ii) of Section 4.B and/or Section 7 of
this Agreement, the County agrees to provide law enforcement services, through
the County Sheriffs Department, without charge to the City commencing in
Fiscal Year 2010/2011 and concluding in Fiscal Year 2017/2018,as follows:
(i) For Fiscal Year 20102011, the maximum value of law enforcement
services provided without charge to the City is equal to the amount in
Table 1 for that fiscal year.
(ii) Commencing in Fiscal Year 2011/2012 and concluding in Fiscal Year
2017/2018, the maximum value of law enforcement services provided
without charge to the City for a current fiscal year is equal to the amount
in Table 1 for that current fiscal year reduced by the amount of Excess
Sales and Use Tax, if any, collected within the City in the prior fiscal year.
Example 1: If the current Fiscal Year is 2011/2012 and the amount of
Excess Sales and Use Tax for the prior Fiscal Year 2010/2011 is
$400,000, the maximum value of law enforcement services provided
without charge to the City for the current Fiscal Year 20112012 is
$507,449. The amount.in Table 1 for Fiscal Year 2011/2012($907,449) is
reduced by the amount of Excess Sales and Use Tax for the prior Fiscal
Year 20102011 ($400,000).
(iii) If the amount of Excess Sales and Use Tax collected within the City in the
prior fiscal year is greater than or equal to the amount in Table 1 for the
Page 4 of I I
i
current fiscal year,the County shall not provide law enforcements services
free of charge to the City for that current fiscal year.
Example 2: If the current Fiscal Year is 2011/2012 and the amount of
Excess Sales and Use Tax for the prior Fiscal Year 2010/2011 is
$1,000,000, the County shall not provide law enforcement services free of
charge to the City for the current Fiscal Year 2011/2012. The amount of
Excess Sales and Use Tax for the prior Fiscal Year 2010/2011
($1,000,000) is greater than the amount in Table 1 for the current Fiscal
Year 201112012 ($907,449).
6. CITY OBLIGATIONS
A. The Parties agree the amounts in Table 2, Menifee.Sales and Use Tax Projections,
herein below, are the estimated annual total sales and use tax projected in the
Menifee CFA for Boundary Alternative 3 to be collected by the California State
Board Equalization within the City for the first ten years following incorporation.
Table 2
Menifee Sales and Use Tax Projections
Transition
Year 2 3 4 5 6 7 8 9 10
FY 080 FY 09110 FY 10/11 FY 11/12 FY 12/13 FY 13114 FY 14115 FY15/16 FY 16117 FY 17/18
798338 $3899592 S4389037 $ 005322 $5423279 861809 $fi 921789. 804052 7259,34T $773 838
B. Except as otherwise provided in Section 7 of this Agreement, the City agrees as
follows:
(i) By January 31' of each year, commencing in 2011 and concluding in
2019,the City shall provide the County a Sales and Use Tax Analysis that
calculates the Excess Sales and Use Tax, if any,collected during the prior
fiscal year.
(ii) By January 31,2019, if the City determines any Excess Sales and Use Tax
is due the County for the prior fiscal year and/or any previous fiscal year,
the City shall pay the County such amount of Excess Sales and Use Tax
due. The maximum amount of Excess Sales and Use Tax due to the
County by the City for a given fiscal year is limited to the amount in Table
I for that fiscal year.
Example 3: If the amount of Excess Sales and Use Tax collected within
the City for Fiscal Year 2017/2018 is $2,000,000 and the amount in Table
I for that fiscal year is $1,083,541, the City shall pay the County
$1,083,541 by January 31, 2019. The maximum amount of Excess Sales
Page 5 of 11
and Use Tax due to the County by the City for Fiscal Year 2017/2018 is
limited to the amount in Table 1 for that fiscal year.
7. TERMINATION OF LAW ENFORCEMENT SERVICES
If the City ceases to contract with the County for law enforcement services prior to June
30,2018,the Parties agree as follows:
A. For the Terminating Fiscal Year,.the maximum value of law enforcement services
provided by County without charge to the City is equal to the Prorated County
Net Savings Amount reduced by the amount of Excess Sales and Use Tax, if any,
collected within the City in the prior fiscal year.
The term"Prorated County Net Savings Amount" means the County Net Savings
Amount in Table 1 for the Terminating Fiscal Year multiplied by the prorated
annual percentage that is based on the number of days in the Terminating Fiscal
Year before the date the City ceases to contract with the County for law
enforcement services divided by 365 days,as calculated herein below:
Prorated County Net Savings Amount Calculations for Terminating Fiscal Year
Prorated Number of days in the Terminating
County Net County Net Savings Fiscal Year before the date the City
Amount in Table 1 for the ceases to contract with the County for
Savings = Terminating Fiscal Year X law enforcement services
Amount
365 days
Example 4: If the City ceases to contract with the County for law enforcement
services on September 25,2016 in Terminating Fiscal Year 2016/2017 and the
amount of Excess Sales and Use Tax for the prior Fiscal Year 2015/2016 is
$100,000,the Prorated County Net Savings Amount for the Terminating Fiscal
Year is$247,864.25. The County Net Savings Amount in Table I for the
Terminating Fiscal Year of 2016/2017($1,051,982) is multiplied by the prorated
annual percentage(86 days/365 days). The maximum value of law enforcement
services provided without charge to the City for the Terminating Fiscal Year
2016/2017 is $147,864.25 since the Prorated County Net Savings Amount
($247,864.25) is reduced by the amount of Excess Sales and Use Tax for the prior
Fiscal Year 2015/2016($100,000).
B. If the amount of Excess Sales and Use Tax collected within the City in the prior
fiscal year is greater than or equal to the Prorated County Net Savings Amount for
the Terminating Fiscal Year, the County shall not provide law enforcement
services free of charge to the City for that Terminating Fiscal Year.
Page 6 of 1 I
Example 5: If the Prorated County Net Savings Amount for the Terminating
Fiscal Year 2016/2017 is $247,864.25 and the amount of Excess Sales and Use
Tax for the prior Fiscal Year 2015/2016 is greater than or equal to$247,864.25,
then the County shall not provide law enforcement services free of charge to the
City for the Terminating Fiscal Year 2016/2017. -
C. If the amount of Excess Sales and Use Tax collected within the City in the prior
fiscal year is greater than the Prorated County Net Savings Amount for the
Terminating Fiscal Year,the City shall pay the County by the 31'of January of
the Terminating Fiscal Year an amount equal to the Excess Sales and Use Tax for
the prior fiscal year reduced by the Prorated County Net Savings Amount for the
Terminating Fiscal Year.
Example 6: If the Prorated County Net Savings Amount for the Terminating
Fiscal Year 2016/2017 is $247,864.25 and amount of Excess Sales and Use Tax
for the prior Fiscal Year 2015/2016 is$1,000,000,the City shall pay$752,135.75
to the County by January 31,2017 in the Terminating Fiscal Year 2016/2017.
The amount of Excess Sales and Use Tax for the prior Fiscal Year 2015/2016
($1,000,000) is reduced by the Prorated County Net Savings Amount for the
Terminating Fiscal Year 2016/2017($247,864.25).
D. By the 31" of January following the Terminating Fiscal Year, the City shall
provide the County the last and final Sales and Use Tax Analysis that calculates
the Excess Sales and Use Tax, if any, collected during the Terminating Fiscal
Year.
E, By the 31" of January following the Terminating Fiscal Year, the City shall pay
the County the Prorated Excess Sales and Use Tax, if any, owed to the County for
the Terminating Fiscal Year.
The term"Prorated Excess Sales and Use Tax"means the amount of Excess Sales
and Use Tax collected within the City for the Terminating Fiscal Year multiplied
by the prorated annual percentage that is based on the number of days in the
Terminating Fiscal Year before the date the City ceases to contract with the
County for law enforcement services divided by 365 days, as calculated herein
below:
Prorated Excess Sales and Use Tax for Terminating Fiscal Year
Prorated Number of days in the Terminating
Excess Sales Amount of Excess Sales Fiscal Year before the date the City
and Use Tax = and Use Tax for the ceases to contract with the County for
Terminating Fiscal Year X law enforcement services
365 days
Page 7 of I I
Example 7: If the City ceases to contract with the County for law enforcement
services on January 25,2017 in Terminating Fiscal Year 2016/2017 and the
amount of Excess Sales and Use Tax collected within the City for the Terminating
Fiscal Year is$1,000,000,the City shall pay the County by January 31,2018 the
Prorated Excess Sales and Use Tax for the Terminating Fiscal Year in the amount
of$569,963.01. The Prorated Excess Sales and Use Tax is determined by
multiplying the amount of Excess Sales and Use Tax for the Terminating Fiscal
Year 2016/2017 ($1,000,000)with the prorated annual percentage (208 days/365
days).
F. Unless an earlier payment date is otherwise specified in this Agreement, the City
shall pay the County the amount of any Excess Sales and Use Tax due to the
County for any previous fiscal year by the 31 sr of January following the
Terminating Fiscal Year. The maximum amount of Excess Sales and Use Tax due
to the County by the City for a given fiscal year is limited to the amount in Table
1 for that fiscal year.
8. BREACH AND REMEDIES
A. The Parties agree the City shall be in material breach for noncompliance with the
terns of this Agreement, including, without limitations, if the City fails, neglects
and/or refuses to timely:
(i) Provide a Sales and Use Tax Analysis of the prior fiscal year to the
County by January 31"of each year as required by Sections 6 and 7 of this
Agreement; and/or
(ii) Pay the amount of any outstanding Excess Sales and Use Tax due to the
County as required by Sections 6 and 7 of this Agreement.
B. Upon determination by the County that the City is in material breach of the terms
of this Agreement, the County may at its sole discretion:
(i) Send a written notice of noncompliance to the City requiring compliance
by the City within thirty (30)days from the date of the notice.
(ii) Suspend its obligations under Section 5 of this Agreement to provide law
enforcement services without charge to the City for that and subsequent
fiscal years until the breach is resolved.
C. Nothing contained herein shall be construed to limit or restrict any legal rights
and/or remedies which either party may have against the other for breach of any
provisions of this Agreement.
Page 8 of I I
9. DISPUTES
Should the County disagree with any Sales and Use Tax Analysis timely submitted by the
City, the Parties shall meet and confer in good faith in an attempt to resolve such dispute
before taking any legal action. -
10. EFFECTIVE PERIOD OF AGREEMENT
This Agreement shall be effective on the date of approval by both Parties and shall
remain in full force and effect until the last and final Sales Tax and Use Analysis is
received by the County from the City and the City pays the County the amount of any
outstanding Excess Sales and Use Tax due.
11. NOTICES
The following individuals and their successors are designated by the County and the City
as their respective authorized representative for the implementation of this Agreement,
and all notices and correspondences given under this Agreement shall be in writing and
either delivered personally or by United Sates mail at the addresses set forth below or at
such other addresses as the Parties may hereafter designate:
For the County: County Executive Officer
County Administrative Center
4080 Lemon Street, a Floor
Riverside, CA 92501
For the City: City Manager
City of Menifee
29683 New Hub Circle, Suite C
Menifee, CA 92586
All notices shall be deemed given on the date of delivery if delivered personally or on the
third business day after such notice is deposited in the United States mail, addressed and
sent as provided above.
12. GENERAL PROVISIONS
A. Time is of the Essence. Time shall be of the essence of each and every term,
obligation, and condition of this Agreement.
B. Waiver of Default. The waiver by either party of any one or more defaults shall
not be construed as a waiver of any other or future defaults, under the same or
different terms, conditions or covenants contained in this:Agreement.
C. Governing Law and Venue. This Agreement shall be governed and construed by
the laws of the State of California without regard to its conflict of laws principles.
Page 9 of 11
All actions and proceedings arising in connection with this Agreement shall be
tried and litigated exclusively in the state and federal (if permitted by law and a
party elects to file an action in federal court) courts located in the County of
Riverside, State of California.
D. Entire Agreement.ement. This Agreement contains the entire understanding of City and
County with respect to the subject matter hereof and it incorporates all of the
covenants, conditions, promises, and agreements exchanged by the Parties hereto
with respect to such matter. This Agreement supersedes any and all prior or
contemporaneous negotiations, agreements, or communications, whether written
or oral, between City and County with respect to the subject matter of this
Agreement.
E. Amendment. No addition or alteration of the terms or conditions of this
Agreement, whether by written or verbal understanding of the Parties, their
officers, agents, or employees shall be valid unless made in the form of a written
amendment to this Agreement which is formally approved and executed by both
Parties.
F. Invalidity and Severability. If any provision of this Agreement is held by the
court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and effect without
being impaired or invalidated in any way.
G. Counterparts. This Agreement may be executed in several counterparts, and all
counterparts so executed shall constitute one agreement binding on all the Parties
to this Agreement,and each executed counterpart shall be deemed an original.
[Remainder of page left intentionally blank]
Page 10 of 11
IN WPFNESS WHEREOF, the Parties hereto have caused their duly authorized
representatives to execute this Agreement.
Wallace W. Edgerton,Mayor Date
For City ofMenifee, California
Bob Buster,Chairman Date
Riverside County Board of Supervisors
For Riverside County, California
FORM PRO ED COUNTY C NSEL
BY ,
ATTEST
KECI HARPER-THEM, Clerk
Dy
DEPLI
Page 11 of 11
JUN 14 2011 �J.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized
representatives to execute this Agreement.
` � 6/-1/dr
Walla a W. Edgerton ayor Date
For City of Menifee, California
Bob Buster, Chairman Date
Riverside County Board of Supervisors
For Riverside County, California
Page I I of I I