2008/09/19 Canyon Lake, City Canyon Lake City Clerk support services Memorandum of Understanding (MOU) between the City of Canyon Lake and the City
of Menifee Regarding Use of City Clerk
This Agreement is made this I"day of October, 2008, by and between the City of
Canyon Lake ("Canyon Lake") and the new City of Menifee ("Menifee") to ratify the
provision of City Clerk services by Canyon Lake to Menifee.
Recitals
Whereas, Menifee has incorporated on October 1, 2008; and
Whereas, each California city is required to have a City Clerk; and
Whereas, the City Clerk in the City of Canyon Lake has assisted Menifee as it
moved toward incorporation; and
Whereas, the terms and conditions of Menifee incorporation provide that the
Council will appoint a City Manager, who appoints a City Clerk; and
Whereas, the Menifee City Manager wishes to appoint Kathy Bennett, the Canyon
Lake City Clerk, as the Menifee City Clerk immediately; and
Whereas, Canyon Lake has offered to enter into this Agreement so that Menifee
may have a City Clerk immediately during its transition period; and
Whereas this Agreement will allow Mrs. Bennett to serve Menifee without
interruption of her employment status; and
Whereas, in exchange therefore, Canyon Lake will be completely reimbursed for
expenses associated with the City Clerk position.
NOW, THEREFORE, the parties agree as follows:
1. Provision of Services: Canyon Lake shall direct its current City Clerk, Kathy
Bennett, to work from the Menifee City office(and other locations as directed by
Menifee) under the direction of the Menifee City Manager. Both parties understand that
she will remain a Canyon Lake employee during this transition period.
2. Term: This Agreement commenced on September 19, 2008 and shall
terminated on January 31, 2009, unless otherwise terminated or extended by mutual
agreement of the City Managers.
3. Reimbursement: Mrs. Bennett shall continue as an employee with the City of
Canyon Lake with the same salary and benefits, paid in the same manner as other Canyon
Lake employees, as those may be adjusted in the normal course of business from time to
time. In consideration of the provision of services, Menifee then shall reimburse Canyon
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Lake for the actual costs directly attributable to Mrs. Bennett's employment, including
but not limited to: base salary; CalPERS retirement contribution; CalPERS health
insurance; dental insurance, vision insurance, life insurance, deferred compensation
contribution, worker's compensation, state disability and so forth. In addition, Menifee
agrees to pay half the cost of Mrs. Bennett's attendance at League of Cities in Long
Beach in September, 2008, and to pay for the cell phone Mrs. Bennett is bringing from
Canyon Lake, and reimbursement for the plan if used. Menifee shall advance or
reimburse Canyon Lake monthly for such amount within 30 days after receipt of a
detailed billing from Canyon Lake. Mrs. Bennett shall pay Canyon Lake for any amounts
she paid personally for additional benefits and such amounts shall not be the
responsibility of Canyon Lake or Menifee.
4. No Joint Venture: This Agreement shall not be deemed to create a joint
powers agreement,joint venture or joint and several liability between the parties. Each
party shall bear its own liability.
5. Indemnification. Menifee shall indemnify, defend and hold harmless Canyon
Lake, its officers, agents, and employees ("Canyon Lake") from and against any claims,
demands,judgments or costs to Canyon Lake arising as a result of this Agreement. This
indemnification shall survive the termination of this Agreement for one year.
6. Workers' Compensation. For the employee subject to this Agreement, Canyon
Lake shall maintain in full force and effect a Worker's Compensation policy to the extent
required by applicable state law. The policy shall provide a minimum of$1,000,000 of
employers' liability coverage. The insurer shall provide to Menifee an endorsement that
it waives its rights of subrogation against Menifee, its officers, officials, employees or
volunteers.
7. Miscellaneous: This Agreement may be amended only in writing; any revision
which would affect Mrs. Bennett's terms and conditions of employment requires her
consent. This Agreement is the full and complete agreement of the parties and
supersedes any and all others. No waiver of any term or condition of this Agreement
shall be a continuing waiver thereof.
IN WITNESS WHEREOF, the parties authorized to do have executed this
Agreement of the date set out below:
CANYON LAKE kIFEE
Lori Mos , City Manag • George entz, Interi City anager
Approved:
Kathy Bennett
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Amendment No. 1
Memorandum of Understanding (MOU) between the City of Canyon Lake
and the City of Menifee Regarding Use of City Clerk
PURSUANT TO SECTION 2 OF THIS AGREEMENT, THE TERM OF THIS
AGREEMENT IS EXTENDED THROUGH JUNE 30, 2009, OR AS SOONER
TERMINATED PURSUANT TO THE PROVISIONS HEREOF.
CITY OF CANYON LAKE CITY OF MENIFEE
Lori Moss, City apager Geofge Wentz, Ci nager
Dated: l j� Dated: 3�
oil"fo�r Dated: /
Approved: Kathy Bennett