HomeMy WebLinkAbout2004-13811
15
H
21
RESOLUTION NO. 2004-138
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A MASTER
SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER
DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR
2004/2005
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, The City of San Bernardino ("City") provides certain services to the
Water Department ("Department') for which the Department compensates the City; and
WHEREAS, it is the desire of the City and Water Department to enter into a
Memorandum of Understanding to memorialize these services;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the
City of San Bernardino that the Master Services Memorandum of Understanding between the
City and the Water Department setting forth the services that are to be provided by the City to
the Water Department and the compensation to be paid therefore, a copy of which is attached
hereto and incorporated herein as Exhibit A, is hereby adopted.
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City as Master Services Memorandum of Understanding.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed and returned to the Office of the City Clerk
within 60 days following the effective date of this resolution.
2004-138
1
2
3
4
5
6
7
8
9
111
13
14
15
16
17
211
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A MASTER
SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER
DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR
2004/2005
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
it.
and Common Council of the City of San Bernardino at a reg • meeting thereof, held on the
7th day of June , 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
City Clerk
The foregoing resolution is hereby approved this (1-r%i day of June
2004.
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
J
ammack, Mayor Pro Tern
Bernardino
2004-138
1 MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
3
4
5 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and
6 between the City of San Bernardino, a charter city ("City"). and the Board of Water
7 Commissioners of the City of San Bernardino ("Board"), who agree that the City shall provide
8 services and the Board shall compensate City therefore as follows:
9 1. EQUAL EMPLOYMENT OFFICER. The City shall provide to the City of San
10 Bernardino Municipal Water Department ("Department") the services of its Equal Employment
11 Officer and support staff at a flat annual rate of $35,000.
12 2. CITY ATTORNEY. The City Attorney shall act as General Counsel to the
13 Department and perform all of its legal work. The City Attorney shall assign sufficient staff to
14 perform the legal services needed by the Department, and such services shall be given priority.
15 A. Outside Counsel. The parties contemplate the continued need for the
16 Department to utilize services of outside special counsel, particularly in water rights matters.
17 The City Attorney and the Department shall jointly determine when the services of outside
18 counsel are required and Department staff shall consult with and obtain the approval of the City
19 Attorney prior to the employment of outside counsel and prior to the assignment of matters to
20 such counsel. All outside counsel shall keep the City Attorney informed of their work and
21 provide to the City Attorney copies of any and all correspondence and documents filed in any
22 court on Department matters and any agreements to hire outside counsel shall be required.
23 B. import Staff. In connection with providing the foregoing services, the
24 City Attorney's office will provide sufficient secretarial, paralegal and investigator support
25 services.
26 C. Data to be Furnished to the City. The following has been and will
27 continue to be furnished by the Department to the City: All records and information pertaining
28 to legal requirements of the Department, including any back-up materials, applicable
-1-
2004-138
1 regulations, correspondence, preliminary drafts of agreements, if any, and any other material
2 pertaining to the Department necessary for the performance of legal services.
3 D. Compensation.
4 (1) Attorney Services. It is anticipated that the services to be
5 supplied by the City Attorney will constitute, on the average, an amount equal to fifty percent
6 (50%) of the time of one Deputy City Attorney
7 (2) Secretarial and Other Support Services. It is anticipated that the
8 services to be supplied by the Legal Secretary will constitute, on the average, an amount equal
9 to fifty percent (50%) of the time of one Legal Secretary I and 10% of the time of other support
10 staff. City Attorney services shall be provided to the City of San Bernardino Water Department
11 at a flat annual rate of $155,000.
12 3. CIVIL SERVICE. Department shall pay to City for the services of its Chief
13 Examiner and for Civil Service Administration an annual flat fee of $65,000. Typical services
14 shall include, but not be limited to, testing and certifying eligible employees for outside
15 recruitment and promotions, approving job descriptions, minimum qualifications, and testing
16 standards for positions in the Department, and administrative hearings on discharges and
17 reductions in rank or compensation.
18 4. HUMAN RESOURCES AND FINANCE. Department shall pay to City for the
19 services of its Human Resources and Finance departments an annual flat fee of $48,000.
20 Typical services shall include, but not be limited to, conducting outside recruitments;
21 administering employee health, dental, vision, and life insurance programs; and administering
22 the Public Employees Retirement System contract. Department shall also pay to City the actual
23 costs of recruitment -related advertising that is requested by Department.
24 5. EMPLOYEE ASSISTANCE PROGRAM. Department shall pay to City the
25 actual cost of services to Department's employees of the Employee Assistance Program.
26 "Actual cost" will be defined as the hourly rate charged by the Employee Assistance Program
27 provider, currently $50 per hour. Department shall also pay to City a flat annual fee of $3,000
28 for its proportionate share of the administrative costs of the Employee Assistance Program.
-2-
2004-138
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. RIDESHARE COORDINATOR. Department shall pay to City a flat annual rate
of $5,000 for the services of its Rideshare Coordinator, who shall provide services to
Department employees as required by the Air Quality Management District (AQMD) including,
but not limited to:
A. Developing, updating and implementing a Trip Reduction Plan and
complying with all other AQMD Regulation requirements, including the provision of trip
reduction incentives for Department employees;
B. Promoting the Trip Reduction Plan and rideshare activities, and tracking
and documenting employee participation;
C. Acting as a liaison with AQMD and attending all training, meetings and
workshops as required by AQMD.
7. TELEPHONE SERVICES. Department shall pay for the use of City's
telephone system at the actual monthly telephone charges attributable to the ports assigned to
the Water Department, Water Yards, Water Reclamation Plant and RIX Plant, plus a
proportionate share of the fixed costs of operations, debt retirement/system hardware, and
leased lines, based upon the portion of total telephone ports assigned to the Water Department,
Water Yards, Water Reclamation Plant and RIX Plant.
8. FACILITIES MANAGEMENT SERVICES. Department shall pay to City a flat
fee of $25,000 for the services of its Facilities Management Department, which shall provide
management services related to the remodel of Department's 5°i Floor office space in City Hall.
9. WORKERS' COMPENSATION ADMINISTRATION. Department shall pay
to City for the administration of its Workers' Compensation Program, its proportionate share of
the budgeted cost of administration based upon budget payroll costs, provided that the
Department provides to the City the budget figures for payroll within a reasonable time after
Department's budget is adopted. For any year in which payroll figures are not made available
to the City in a timely fashion, the percentage shall be the same as that used for the prior year.
For fiscal year 2004/2005, this shall be twenty percent (20%). In addition, the Department shall
pay the actual cost of the amount paid out on its claims.
-3-
2004-138
1 10. INFORMATION SERVICES (IS).
2 A. Services. The IS Director will act as a private contractor to provide the
3 Department IS related services as defined in the attached agreement (Exhibit "A") incorporated
4 herein by reference upon approval by the Board of Water Commissioners and the City of San
5 Bernardino.
6 B. Compensation. The agreed upon cost to provide this service is a flat fee of
7 $408,873.
8 11. POLICE AND FIRE DEPARTMENTS. Department shall pay to City a flat
9 fee of $500,000 as reimbursement for safety -related costs associated with the Water
10 Reclamation Plant.
11 12. TERMS. This Memorandum of Understanding shall terminate as of .tune 30,
12 2005, unless terminated by either party at least thirty (30) days prior to July 1, 2005.
13
14
15 ///
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-
2004-138
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MASTER SERVICES
MEMORANDUM OF UNDERSTANDING
By and between the City of San Bernardino and the Board of Water Commissions of the City of
San Bernardino for the provision of City services for Fiscal Year 2004/2005.
Date: �pIZZ/6 f�
Date: i, 116 `l
APPROVED AS TO FORM AND
LEGAL CONTENT
City Attorney
BOARD OF WATER
/COMMISSIONERS
�Wairen Cocke, President
St cey Aldst6dt, Secretary
�CITY
/OF�SAN
Mayor Pro Tern
ATTEST:
Rachel Clark, City Clerk
-5-