2021/11/09 Western Riverside Council of Governments (WRCOG) Employment Agreement with the Western Riverside Council of Governments, City of Menifee and Chelsy Alfaro* Please attached a second page for additional information to support this agreement.
CITY OF MENIFEE
Agreement/contract coversheet
DATE: December 8, 2021
TO: Armando G. Villa, City Manager
CC:
Agreement Routed to City Attorney: N/A
FROM: Margarita Cornejo, Financial Services Manager
SUBJECT: Employment Agreement between Western Riverside Council of Governments and City of Menifee (Chelsy Alfaro)
IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY?
Yes – Purchase of Commodities under $50,000 Professional Services under $25,000
Change Order under $25,000 or less than 10% of original contract (supplies, equipment, services
or construction contracts)
Public Works Contract for $45,000 or less
Inter-agency MOU
No – City Council authorized City Manager to sign (Council action attached)
Department Date Initials
Kristen Jensen, PW Financial Analyst
Nicolas Fidler, PW Director/City Engineer
Wendy Preece, Deputy Finance Director
Rochelle Clayton, Assistant City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
INSURANCE REQUIREMENTS
CATEGORY APPLICABLE NOT
APPLICABLE
WAIVED EXPIRATION
DATE
General Liability N/A
Automobile Liability N/A
Worker’s Compensation N/A
Professional Liability N/A
APPROVED/REVIEWED BY RISK MANAGEMENT
(R. Cardenas, Deputy Human Resources Director):
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12/9/2021
12/9/2021
12/9/2021
12/13/2021
12/13/2021
12/13/2021
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WHY IS THIS AGREEMENT/CONTRACT NEEDED?
The Employment Agreement with the Western Riverside Council Government (WRCOG) provides for participation in the
WRCOG Public Service Fellowship Program which provides professional development opportunity designed to provide
undergraduate, graduate students and recent graduates students and recent graduate student hand -on policy
experience in local agencies in Western Riverside County.
Specifically, this provides an internship position within the Public Works Department. The current assigned fello w is Ms.
Chelsy Alfaro.
WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT?
The term of the agreement will cover the period of November 9, 2021, through June 30, 2022
WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT?
$5,000.00 (Not-to-Exceed Amount)
HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON?
N/A, interagency agreement with the WRCOG
Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City
$5,000 - $49,000 – Three Written Quotes Yes
Over $50,000 – Competitive Bidding and Formal Proposals
Public Works Projects Professional Services
Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager
$45,000 - $174,999 – Informal Bidding Process over $25,000 – City Council Approval
Over $175,000 – Formal Bidding Required
WHERE ARE THE FUNDS COMING FROM?
Engineering FY21/22 funds (Temporary Staffing)
WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER?
Budget transfer in process from Account # 100-4551-50400 (Section 125 Benefit Plan) to 100-4551-52799 (Temporary
Staffing). Will be using 100-4551-52799.
IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET?
Yes, as of 12/8/2021 Account #100-4551-52799 in FY21/22 originally has a balance of $272,440.81 (see attached
Eden report)
ATTACHMENTS
- CONTRACT/AMENDMENT
- EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS)
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EMPLOYMENT AGREEMENT WITH THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS,
CITY OF MENIFEE, AND CHELSY ALFARO
This Agreement (the “Agreement”), dated as of November 9, 2021, is between the Western Riverside
Council of Governments (“WRCOG”) a California public agency, the City of Menifee (the “Host
Agency”), and Chelsy Alfaro (“Employee”), an individual. Employee, WRCOG, and Host Agency are
sometimes referred to in this Agreement as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the WRCOG Public Service Fellowship Program is a professional development
opportunity designed to provide undergraduate, graduate students, and recent graduate students
hands-on policy experience in local agencies in Western Riverside County, and WRCOG desires to
employ Employee to participate in that Program (“Fellowship Program”), and
WHEREAS, the Host Agency is a local agency in Western Riverside County who has agreed to have
participants in the Fellowship Program placed with their Agency and to provide the participants with
hands-on policy experience at their Agency; and
WHEREAS, Employee desires to participate and accept a position in the Fellowship Program, and
WHEREAS, it is the desire of WRCOG, the Host Agency, and Employee to set forth certain benefits,
establish certain conditions of employment, and to set certain working conditions.
AGREEMENT
NOW, THEREFORE, the above-named Parties hereby mutually agree and promise as follows:
1. Term of Employment. WRCOG shall employ Employee from the agreed upon start date, as
determined by WRCOG, the Host Agency, and the Employee, for up to 30 hours per week for
a maximum of 960 hours total. Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of WRCOG to terminate the service of Employee at any time, subject
only to the provisions set forth in Section 5 below.
2. Host Agency Sponsorship. The Host Agency recognizes its financial responsibility for the
Employee cost at one of the following rates:
100% Host Agency Sponsored
50% Host Agency Sponsored
3390 University Avenue, Suite 200 • Riverside, CA 92501 • (951) 405-6700 • www.wrcog.us
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Western Riverside Council of Governments
County of Riverside • City of Banning • City of Beaumont • City of Calimesa • City of Canyon Lake • City of Corona • City of Eastvale
City of Hemet • City of Jurupa Valley • City of Lake Elsinore • City of Menifee • City of Moreno Valley • City of Murrieta • City of Norco
City of Perris • City of Riverside • City of San Jacinto • City of Temecula • City of Wildomar • Eastern Municipal Water District
Western Municipal Water District • Riverside County Superintendent of Schools
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3. Position and Responsibilities.
(a) Employee. Employee accepts employment with WRCOG and shall perform all services
appropriate to that position, as well as such other services consistent with the
Fellowship Position as may be assigned by WRCOG and the Host Agency. Employee
shall devote Employee’s best efforts and full-time attention to the performance of his /
her duties. Employee agrees to abide the terms of condition of any and all employment
handbooks and/or policies of WRCOG and the Host Agency.
(b) WRCOG. WRCOG shall be the employer and shall be responsible for payment of
Employee’s compensation and the administration of Employee’s employment.
(c) Host Agency. Host Agency shall assign duties to Employee in accord with the goals
and purpose of the Fellowship Program and shall mentor, monitor and supervise
Employee’s performance on a day-to-day basis. Host Agency shall be responsible for
providing Employee with a workspace and with all necessary technology in order to
perform the duties assigned by Host Agency to Employee.
4. Compensation and Benefits.
(a) Compensation. WRCOG shall pay Employee an hourly rate of seventeen dollars and
fifty cents ($17.50), in accordance with WRCOG’s regularly established policies for
payroll distribution.
(b) Benefits. Employee is not entitled to receive any benefits, such as medical, dental, or
vacation. Employee will be entitled to receive sick leave benefits pursuant to the
California Paid Sick Leave Act, which benefits may be used after Employee’s 90th day
of employment.
5. At-Will Employment.
(a) At-Will. WRCOG, the Host Agency, and Employee expressly agree that the
employment relationship created by this Agreement is “at-will” and that Employee
serves at the will and pleasure of WRCOG. Nothing in this Agreement shall prevent,
limit, or otherwise interfere with the right of WRCOG to t erminate, without cause or
right of appeal or grievance, the services of the Employee at any time.
(b) Termination Obligations. Employee agrees that all property, including, without
limitation, all equipment, tangible Proprietary Information (as defined below),
documents, records, notes, contracts, and computer-generated materials furnished to
or prepared by Employee incident to his employment belongs to WRCOG and the
Host Agency and shall be returned promptly to WRCOG and the Host Agency upon
termination of Employee’s employment. Employee’s obligations under this
subsection shall survive the termination of his employment and the expiration of this
Agreement.
6. Indemnification of Host Agency. WRCOG shall, to the fullest extent permitted by law, indemnify
and hold harmless Host Agency from and against any and all claims, actions, or causes of
action of any kind for which Host Agency may be held liable and which arise out of or related
to Employee’s performance of his job duties provided (1) Host Agency acted in good faith at
all times and (2) Host Agency’s actions, or failures to act, giving rise to the liability, occurred
within the course and scope of his employment.
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7. Proprietary Information. “Proprietary Information” is all information and any idea pertaining in
any manner to the business of WRCOG and the Host Agency (or any WRCOG or Host Agency
affiliate), its employees, clients, consultants, or business associates, which was produced by
any employee of WRCOG and the Host Agency in the course of his or her employment or
otherwise produced or acquired by or on behalf of WRCOG and the Host Agency. Proprietary
Information shall include, without limitation, trade secrets, product ideas, inventions,
processes, formulas, data, know-how, software and other computer programs, copyrightable
material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All
Proprietary Information not generally known outside of WRCOG and the Host Agency
organization, and all Proprietary Information so known only through improper means, shall be
deemed “Confidential Information.” During employment by WRCOG, Employee shall use
Proprietary Information, and shall disclose Confidential Information, only for the benefit of
WRCOG and the Host Agency and as is necessary to perform his job responsibilities under
this Agreement. Following termination, Employee shall not use any Proprietary Information
and shall not disclose any Confidential Information, except with the express written consent of
WRCOG and the Host Agency. Employee’s obligations under this Section shall survive the
termination of employment and the expiration of this Agreement.
8. Notices. Any notice or other communication under this Agreement must be in writing and shall
be effective upon delivery by hand or three (3) business days after deposit in the United States
mail, postage prepaid, certified or registered, and addressed to WRCOG and the Host Agency
at the address below, or to Employee at the last known address maintained in Employee’s
personnel file. Employee shall be obligated to notify WRCOG and the Host Agency in writing
of any change in his / her address. Notice of change of address shall be effective only when
done in accordance with this Section.
WRCOG’s Notice Address:
Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
Attn: Dr. Kurt Wilson, Executive Director
Phone: 951-405-6700
Host Agency’s Notice Address:
City of Menifee
29844 Haun Rd.
Menifee, CA 92586
Attn: Nicolas Fidler, Public Works Director
Phone: (951) 723-3703
Employee’s Notice Address:
Chelsy Alfaro
3305 Tembrook Drive
Sacramento, CA 95864
9. Action. All actions required or permitted to be taken under this Agreement by WRCOG and
the Host Agency, including, without limitation, exercise of discretion, consents, waivers, and
amendments to this Agreement, shall be made and authorized only by WRCOG and the Host
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Agency or by its representative specifically authorized in writing to fulfill these obligations under
this Agreement.
10. Interpretation. This Agreement shall be construed as a whole, according to its fair meaning,
and not in favor of or against any Party. By way of example and not in limitation, this Agreement
shall not be construed in favor of the Party receiving a benefit nor against the Party responsible
for any particular language in this Agreement. Captions are used for reference purposes only
and should be ignored in the interpretation of the Agreement.
11. Acknowledgment. All Parties acknowledge that they had the opportunity to consult legal
counsel in regard to this Agreement, that they read and understood this Agreement, that they
are fully aware of its legal effect, and that they entered into it freely and voluntarily and based
on their own judgment and not on any representations or promises other than those contained
in this Agreement.
12. General Provisions.
(a) Entire Agreement. This Agreement constitutes the entire agreement between the
Parties. This Agreement may be amended in writing and signed by all Parties.
(b) Severability. If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected, and shall remain in
full force and effect.
(c) Modification. Any modification to this Agreement will be effective only if it is in writing
and signed by all Parties.
(d) Effect of Waiver. The failure of either Party to insist on strict compliance with any of the
terms, covenants, or conditions of this Agreement by the other Party shall not be
deemed a waiver of that term, covenant, or condition, nor shall any waiver or
relinquishment of any right or power at any one time or times be deemed a waiver or
relinquishment of that right or power for all or any other times.
(e) Assignment. Neither this Agreement, nor any right, privilege or obligation of Employee
hereunder shall be assigned or transferred by him / her without the prior written consent
of WRCOG and the Host Agency. Any attempt at assignment or transfer in violation of
this provision shall, at the option of WRCOG and the Host Agency, be null and void and
may be considered a material breach of this Agreement.
(f) No Presumption of Drafter. The Parties acknowledge and agree that the terms and
provisions of this Agreement have been negotiated and discussed between the Parties,
and this Agreement reflects their mutual agreement regarding the subject matter of this
Agreement. Because of the nature of such negotiations and discussions, it would be
inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no
presumption for or against validity or as to any interpretation hereof, based upon the
identity of the drafter, shall be applicable in interpreting or enforcing this Agreement.
(g) Assistance of Counsel. Each Party to this Agreement warrants to the other Party that
it has either had the assistance of counsel in negotiation for, and preparation of, this
Agreement or could have had such assistance and voluntarily declined to obtain such
assistance.
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(h) Governing Law. This Agreement shall be governed by and construed in accordance
with the law of the State of California.
(i) Venue. The venue for any litigation to interpret or enforce this Agreement shall be in
the Riverside Superior Court. The Parties have duly executed this Agreement as of the
date first written above.
IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement as of the date
first written above.
APPROVED AS TO FORM:
WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS
CITY OF MENIFEE
By:
Dr. Kurt Wilson, Executive Director
Armando Villa, City Manager
CHELSY ALFARO Attest:
By: _______________________________
Sarah A. Manwaring, City Clerk
By: ___ Approved as to Form:
General Counsel for WRCOG
Best Best & Krieger LLP _____________________________________
Jeffrey T. Melching City Attorney
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12/08/2021
City of Menifee
1
4:59PM
Page:expstat.rpt Expenditure Status Report
7/1/2021 through 6/30/2022
Periods: 0 through 14
General Fund100
Account Number
Adjusted
Appropriation Expenditures
Year-to-date
Expenditures
Year-to-date
Encumbrances Balance
Prct
Used
100-4551 Engineering
1,890,749.00 505,895.86 505,895.86 26.76100-4551-50100 Salaries 0.00 1,384,853.14
4,800.00 4,200.00 4,200.00 87.50100-4551-50150 Auto Allowance 0.00 600.00
7,650.00 2,925.00 2,925.00 38.24100-4551-50151 Cell Allowance 0.00 4,725.00
1,500.00 1,500.00 1,500.00 100.00100-4551-50152 Relocation Expense Reimb. 0.00 0.00
10,000.00 0.00 0.00 0.00100-4551-50180 Accrued Time-Off Buy Backs 0.00 10,000.00
15,000.00 5,805.05 5,805.05 38.70100-4551-50200 Overtime 0.00 9,194.95
3,500.00 1,610.18 1,610.18 46.01100-4551-50230 Education Incentive Pay 0.00 1,889.82
311,039.00 61,413.07 61,413.07 19.74100-4551-50300 PERS Retirement 0.00 249,625.93
28,786.00 7,661.84 7,661.84 26.62100-4551-50320 Medicare 0.00 21,124.16
359,155.00 86,714.19 86,714.19 24.14100-4551-50400 Section 125 Benefit Plan 0.00 272,440.81
500.00 0.00 0.00 0.00100-4551-51210 Delivery/Courier Svc 0.00 500.00
550.00 0.00 0.00 0.00100-4551-51300 Printing & Duplication 0.00 550.00
2,000.00 0.00 0.00 0.00100-4551-51400 Legal Advertising 0.00 2,000.00
2,700.00 361.67 361.67 13.40100-4551-51600 Special Dept Exp 0.00 2,338.33
2,000.00 180.00 180.00 9.00100-4551-52200 Membership & Dues 0.00 1,820.00
6,000.00 880.01 880.01 14.67100-4551-52210 Conference/Mtgs/Mileage 0.00 5,119.99
300.00 141.91 141.91 47.30100-4551-52400 Uniforms 0.00 158.09
190,000.00 26,618.00 26,618.00 97.95100-4551-52800 Professional Services 159,482.00 3,900.00
1,064,050.00 217,963.27 217,963.27 90.64100-4551-52825 Professional Services-Recoverable 746,533.50 99,553.23
3,000.00 0.00 0.00 0.00100-4551-53150 Furniture & Equipment 0.00 3,000.00
31,793.71 0.00 0.00 100.00100-4551-53155 Capital Outlays 31,793.71 0.00
299,828.00 299,828.00 299,828.00 100.00100-4551-59005 Operating Transfer Out - IT Support 0.00 0.00
69,019.00 69,019.00 69,019.00 100.00100-4551-59010 Operating Transfers Out - Fleet Support 0.00 0.00
Total General Fund 4,303,919.71 1,292,717.05 1,292,717.05 937,809.21 2,073,393.45 51.83
Grand Total 4,303,919.71 1,292,717.05 1,292,717.05 51.83 937,809.21 2,073,393.45
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