2021/07/01 County, Riverside MOU for Space Use (Kay Ceniceros Senior Center) and Provision of County's Workforce Development Services at the Menifeee Temporary Employment CenterMEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT BETWEEN THE CITY OF
MENIFEE AND COUNTY OF RIVERSIDE FOR SPACE USE (KAY CENICEROS SENIOR
CENTER) AND PROVISION OF COUNTY'S WORKFORCE DEVELOPMENT SERVICES AT
THE MENIFEE TEMPORARY EMPLOYMENT CENTER
This Memorandum of Understanding ("MOU") is made and entered into the 1st day of July 2021,
by and between the County of Riverside, a political subdivision of the State of California, by and
through its Housing. Homelessness Prevention and Workforce Solutions Department/Workforce
Development Division (collectively "County"), and the City of Menifee, a local government agency
located in Riverside County. by and through its Economic Development and Community Services
Department (collectively "City"). The County and City are collectively referred to herein as the
"Parties". This purpose of this MOU is for space use of the Kay Ceniceros Senior Center related
to the Menifee Temporary Employment Center (MTEC) Program for provision of County's
workforce development services to City residents.
1. Right to Use Subject Property.
A. City hereby grants a license to the County to use the City of Menifee designated
space within the Site, described in Exhibit "A", attached hereto and incorporated herein (hereafter
referred to as "Subject Property"), subject to the terms and conditions of this MOU. City hereby
grants a license to the County to use the designated space (`Site") within the Subject Property
located in the City of Menifee for the purposes of providing County's workforce development
services at the Menifee Temporary Employment Center Program. as described in Exhibit A,
attached hereto and incorporated by this reference.
2. Term of License to Use Subject Property and Common Areas.
A. Duration. The term of this MOU shall be twelve (12) months, commencing on
July 1, 2021 ending on June 30, 2022 subject to the extension of the term as provided in
Subsection C (Notice of Desire to Extend Term).
B. Right to Terminate MOU. Either party may terminate this MOU for any reason
by providing a sixty (60) day prior written notice of termination to the other party at the addresses
shown in Section 5 (Notice), below.
C. Notice of Desire to Extend Term. On or before June 30, 2022, County shall
have the option to give written notice to City at the address shown in Section 5 (Notice), below of
the County's desire to further extend the Term of this MOU for one (1) additional year through June
30, 2023. The Term shall be extended for one (1) additional year through June 30, 2023 only if
such extension is approved by the City Manager in writing. Nothing in this section shall be
construed as an obligation of City to extend the Term, nor shall it be construed as granting the
County any option to extend the Term, regardless of whether or not the County provides the notice
described herein.
D. Notwithstanding any other provision of this Section 2, the failure of the County
to comply with the terms of this MOU or any written directions by or on behalf of City issued
pursuant hereto shall constitute a material breach hereof, and this MOU may be terminated
immediately. City's failure to exercise this right of termination shall not constitute waiver of such
right, which may be exercised at any subsequent time.
3. Responsibilities of the County.
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A. Provide a minimum of one (1) employee for half (112) a day for two (2) days per
week, the specific hours and dates of which shall be mutually agreed upon by the Parties. to
provide County's workforce development services to City residents at the Site, subject to
availability of staffing and funding:
B. Provide County's workforce development services for job seekers, including
but not limited to work readiness workshops and trainings;
C. Maintain a professional and customer focused work environment,-
D. Maintain professional relationships with Menifee employers and businesses
including staffing agencies, giving priority of service under this MOU to Menifee residents and
employers;
E. Assist in the advertising of services under this MOU to potential job seekers and
employers, as appropriate. including posting on the County's website and through the County's
other social media channels;
F. Report to the City all potential job recruitment events that the County plans to
hold at the Site at least five business days in advance of the event;
G. Direct all media inquiries related to MTEC to the City, including but not limited
to newspaper. radio, and television outlets, and not respond to inquiries as it relates to the MTEC.
unless directed by the City to do so; and
H. To the greatest extent possible and subject to staffing capacity, assist with
workforce development related special events; job fairs. and/or recruitments, and assist in
advertising these events through the County's website and the County's other social media
channels.
I. Funding for the Menifee Employment Center program is derived from federal
Community Development Block Grant (CBDG-CV) Coronavirus funds. CDBG-CV funds are
funded through the United States Congress adopted Coronavirus Aid; Relief. and Economic
Security Act ("CARES Act"), as adopted March 27, 2020, and therefore all funded activities must
be CDBG-eligible activities that are carried out to prevent, prepare for, and respond to coronavirus
on or after January 21, 2020. Subject to an Authorization to Release Information, in a format
approved by the County and executed by a participant whom the County has enrolled in workforce
development services under the Workforce Innovation and Opportunity Act (WIOA). County shall
provide the City with participant information for the City's Community Development Block Grant
(CDBG) program and tracking purposes: and
J. Track and provide monthly reports to the City on how many attendees were
assisted by County staff, participants' needs, number of job searches performed, and any other
information that can be used to assist with job need data.
4. Responsibilities of City.
A. City shall be responsible for providing the interior furniture, fixtures, and
equipment for the interior of the cubicle, conference space subject to availability, computer
equipment and internet located on the Site.
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B. City shall be responsible for providing and maintaining wireless internet service
for use by the County at the Site. City shall not be responsible for intermittent wireless internet
outages that occur through no fault of City.
C. City shall be responsible for the installation and maintenance of security
systems and fire alarm systems. City shall not be responsible for intermittent security systems and
fire alarm outages that occur through no fault of City.
D. City shall be responsible for maintaining, by providing custodial services for, the
interior of the buildings located at the Site in a neat, clean, and safe condition.
E. City shall provide all landscape maintenance services to the exterior of any
buildings located at the Subject Property.
F. City shall be responsible for all maintenance and repairs for the exterior of any
buildings located at the Subject Property, including roofing, HVAC, the parking lot, and exterior
lighting.
G. City shall be responsible for the costs of utilities, including water, gas, and
electricity at the Subject Property.
5. Notice
All notices which shall or may be given under this MOU shall be in writing and
delivered personally or transmitted: (i) through the United States mail, by registered or certified
mail, postage prepaid; or (ii) with prepaid overnight delivery service, the Parties at the following
addresses:
City: City of Menifee
Attention: Economic Development Department
29844 Haun Road
Menifee, CA 92586
County: County of Riverside
Workforce Development Division
1325 Spruce Street, Suite 110
Riverside, CA 92507
Attn: Carrie Harmon, Director of Workforce Development
6. Relationship of the Parties
This MOU is not intended, and shall not be construed. to create the relationship of
agent, servant, employee, partnership, joint venture, or association as between City and County.
The County understands and agrees that all persons furnishing services pursuant to this MOU
are, for purposes of Workers Compensation liability, employees solely of the County and not of
City. The County shall bear the sole responsibility and liability for furnishing Workers'
Compensation benefits to any person for injuries arising from or connected with services
performed on behalf of the County pursuant to this MOU.
7. Indemnification and Insurance
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A. The County agrees to indemnify, defend and hold harmless City; its elected and
appointed officers, employees, and agents (collectively hereinafter, "City Parties") from and against
any and all liability and expense, including defense costs and legal fees, arising from or connected
with claims and lawsuits for damages relating to County's operations or its services, which result
from bodily injury, death, personal injury, or property damage (including property owned by or in
the case. custody or control of County).
B. Before beginning any work under this Agreement, County. at its own cost and
expense, shall procure the types and amounts of insurance checked below and provide
Certificates of Insurance. indicating that County has obtained or currently maintains insurance that
meets the requirements of this section and which is satisfactory, in all respects, to City. County
shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in County's compensation. County shall
not al#ow any subcontractor, County or other agent to commence work on any subcontract until
County has obtained all insurance required herein for the subcontractor(s) and provided evidence
thereof to City. Verification of the required insurance shall be submitted and made part of this
Agreement prior to execution. County acknowledges the insurance policy must cover inter -insured
suits between City and other Insureds.
C. Workers' Compensation. County shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by County pursuant to the provisions of the California Labor
Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE
MILLION DOLLARS ($1.000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, County may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or County, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers. officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
D Commercial General and Automobile Liability Insurance.
1) General requirements. County.. at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000.000.00) per occurrence, combined single limit
coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION
DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00)
products/completed operations aggregate. If a Commercial General Liability Insurance or an
Automobile Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the Services to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from
bodily and personal injury, including death resulting therefrom, and damage to property resulting
from the Services contemplated under this Agreement, including the use of hired, owned, and
non -owned automobiles.
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2) Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting
the coverage.
3) Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a) The insurance shall cover on an occurrence or an accident basis,
and not on a claims -made basis.
b) Any failure of County to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
E. Professional Liability Insurance.
1) General requirements. County, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for licensed professionals
performing the Services pursuant to this Agreement in an amount not less than ONE MILLION
DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any
deductible or self -insured retention shall be shown on the Certificate. If the deductible or self -
insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
2) Claims -made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims -made form:
a) The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c) If coverage is canceled or not renewed and it is not replaced with
another claims -made policy form with a retroactive date that precedes the Effective
Date of this Agreement, County must provide extended reporting coverage for a
minimum of five (5) years after the expiration or termination of this Agreement or
the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have
the right to exercise, at County's sole cost and expense, any extended reporting
provisions of the policy, if County cancels or does not renew the coverage.
d) A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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F. All Policies Requirements,
1) Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
2) Verification of coverage. Prior to beginning the Services under this
Agreement. County shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements, All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: SPACE
USE MEMORANDUM WOU). The name and address for Additional Insured endorsements,
Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road,
Menifee, CA 92588. City must be endorsed as an additional insured for liability arising out of
ongoing and completed operations by or on behalf of County.
3) Notice of Reduction in or Cancellation of Coverage. County shall provide
written notice to City within ten (10) working days if: (1) any of the required insurance policies is
terminated: (2) the limits of any of the required polices are reduced:. or (3) the deductible or self
insured retention is increased.
4) Additional insured: primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of County. including
the insured's general supervision of County; products and completed operations of County, as
applicable; premises owned, occupied, or used by County; and automobiles owned, leased. or
used by County in the course of providing the Services pursuant to this Agreement. The coverage
shall contain no special limitations on the scope of protection afforded to City or its officers,
employees, agents, or authorized volunteers, The insurance provided to City as an additional
insured must apply on a primary and non-contributory basis with respect to any insurance or self-
insurance program maintained by City. Additional insured status shall continue for one (1) year
after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
5) Deductibles and Self -insured Retentions. County shall obtain the written
approval of City for the self -insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, County may increase such deductibles or self -insured
retentions with respect to City, its officers, employees, agents. and volunteers, The Contract
Administrator may condition approval of an increase in deductible or self -insured retention levels
with a requirement that County procure a bond guaranteeing payment of losses and related
investigations, claim administration, and defense expenses that is satisfactory in all respects to
each of them.
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6) Subcontractors. County shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
7) Variation. The Contract Administrator may. but is not required to. approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City's interests are otherwise fully protected.
G. Remedies. In addition to any other remedies at law or equity City may have if
County fails to provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option, exercise any of the following remedies,
which are alternatives to other remedies City may have and are not the exclusive remedy for
County's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order County to stop work under this Agreement or withhold any payment
that becomes due to County hereunder, or both stop work and withhold any payment, until
County demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
8. Additional Terms
A. This MOU contains the entire agreement between the parties with respect to
the subject matter hereof. No addition to or alteration of the terms of this MOU, 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 MOU and formally approved and executed by
both parties.
B. County shall comply with all applicable Federal, State, and local laws, rules..
regulations, ordinances, and directives, and all provisions required thereby to be included in this
MOU are hereby incorporated herein by reference.
C. No waiver of a breach of any provision of this MOU by City will constitute a
waiver of any other breach of said provision or of any other provision of this MOU. Failure of either
party to enforce at any time, or from time to time, any provision of this MOU, shall not be construed
as a waiver thereof. No waiver shall be enforced unless said waiver is set forth in writing.
D. The persons executing this MOU on behalf of each of the parties hereto represent
and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this MOU on behalf of said party, (iii) by so executing this MOU, such party is formally
bound to the provisions of this MOU, and (iv) that entering into this MOU does not violate any provision
of any other agreement to which said party is bound.
E. No officer, official, employee, agent, representative, or volunteer of City shall be
personally liable to the County, or any successor in interest, in the event of any default or breach by
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City or for any amount which may become due to the County or to its successor, or for breach of any
obligation of City of the terms of this MOU.
F. Nothing in this MOU shall be deemed or otherwise construed as granting any
rights, benefits, or interests to any individual, entity, or body that is not a party to this MOU.
G. County covenants that, by and for itself, its heirs, executors, assigns: and all
persons claiming under or through them, that in the performance of this MOU there shall be no
unlawful discrimination against or segregation of, any person or group of persons on account of
any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital
status, sexual orientation, national origin, or ancestry.
H. The parties agree to make a diligent, good -faith attempt to resolve any claim,
controversy, or dispute arising out of this MOU.
I This MOU shall be governed by the internal laws of the State of California
without regard to principles of conflicts of law. The Municipal and Superior Court of the County of
Riverside shall have exclusive jurisdiction over any litigation between the parties hereto concerning
this MOU.
J. This MOU may be executed in counterparts, each of which, when this MOU has
been signed by all the parties hereto, shall constitute an original.
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized officers and representatives as of the date written at the beginning of this MOU
REMAINDER OF THIS PAGE INTENTIONAL BLANK
SIGNATURES ARE ON THE NEXT PAGE
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APPROVED AS TO FORM
RUTAN TUCKER, LLP
Attorneys for the City of Me if
APPROVED AS TO FORM
GREGORY P. PRIAMOS
County Counsel
By:
Lis anche
Deputy County Counsel
"City''
CITY OF MENIFEE, a California municipal
corporation
By: '
Armando G. Villa, City Manager
Date: V51.z
FEW
to
"COUNTY"
COUNTY OF RIVERSIDE, a political
subdivision of the State of California, by
and through its Housing, Homelessness
Prevention and Workforce Solutions
Department/ Workforce Development
Division
By: -
Carrie Harrison
Director of Workforce Development
Date:
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EXHIBIT "A"
DESCRIPTION OF SUBJECT PROPERTY AND SITE
This MOU outlines the agreement between the Parties to provide County's workforce
development services, such as job recruitment and vocational training programs, to job seekers
at the Kay Ceniceros Senior Center (KCSC). The KCSC is currently located at 29995 Evans Rd,
Menifee, CA 92586. The City of Menifee recently upgraded a computer lab that is hosted at the
Kay Ceniceros Senior Center, The Computer lab has generally been used by the senior
community, however with the rising unemployment rate due to the on -going stay at home orders,
closure of businesses from the pandemic and the growing local need for workforce programming,
the City is seeking to Utilize a portion of the space for intermittent and temporary use of workforce
development services.
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