HomeMy WebLinkAbout1998-245
RESOLUTION NO.
98-245
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A
MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE
2 WATER DEPARTMENT FOR PROVISION OF CITY SERVICES FORFY
1998/99.
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SECTION 1. The City of San Bernardino ("City") provides certain services
to the Water Department ("Department") for which the Department compensates
the City; and
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WHEREAS, it is the desire of the City and the Water Department to enter
9 into a Memorandum of Understanding to memorialize these services;
10 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
11 Council of the City of San Bernardino that the Master Services Memorandum of
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Understanding between the City and the Water Department setting forth the
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services that are to be provided by the City to the Water Department and the
15 compensation to be paid therefore, a copy of which is attached hereto and
16 incorporated herein as Exhibit A, is hereby adopted.
17 SECTION 2. The authorization granted hereunder shall expire and be void
18 and of no further effect ifthe agreement is not executed by both parties and
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returned to the Office of the City clerk within 60 days following the effective date of
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this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
23 Mayor and Common Council of the City of San Bernardino at a
regular
24 meeting thereof, held on the
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17th
day of August
, 1998, by
the following vote, to wit:
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I I I I I
IIIII
I I I I I
98-245
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A
MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER
DEPARTMENT FOR FY1998/99.
1 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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19 Approved as to form and
Legal content:
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The foregoing resolution is hereby approved this ~ jrL day of
August
,1998.
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J ilit Valles, Mayor
f San Bernardino
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JAMES F. PENMAN
21 City Attorney
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23 By: !4f-~-? 7- /e'~
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98-245
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3 MASTER SERVICES
4 MEMORANDUM OF UNDERSTANDING
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7 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by
8 and between the City of San Bernardino, a charter city ("City"),
9 and the Board of Water Commissioners of the City of San Bernardino
10 ("Board"), who agree that the City shall provide services and the
11 Board shall compensate City therefore as follows:
12 1. AFFIRMATIVE ACTION OFFICER. The City shall provide to
13 the City of San Bernardino Municipal Water Department
14 ("Department") the services of its Affirmative Action Officer at a
15 flat annual rate of $25,000.
16 2. CITY ATTORNEY. The City Attorney shall act as General
17 Counsel to the Department and perform all of its legal work. The
18 City Attorney shall assign sufficient staff to perform the legal
19 services needed by the Department, and such services shall be given
20 priority.
21 A. Outside Counsel. The parties contemplate the
22 continued need for the Department to utilize services of outside
23 special counsel, particularly in water rights matters. The City
24 Attorney and the Department shall jointly determine when the
25 services of outside counsel are required and Department staff shall
26 consult with and obtain the approval of the City Attorney prior to
27 the employment of outside counsel and prior to the assignment of
28 matters to such counsel. All outside counsel shall keep the City
Master Services MOU
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98-245
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Attorney informed of their work and provide to the City Attorney
copies of any and all correspondence and documents filed in any
court on Department matters and any agreements to hire outside
counsel shall be required.
B. Support Staff. In connection with providing the
services, the City Attorney's office will provide
secretarial, paralegal and investigator support
foregoing
sufficient
services.
C. Data to be Furnished to the City. The following has
been and will continue to be furnished by the Department to the
Ci ty: All records and information pertaining to legal requirements
of the Department, including any back-up materials, applicable
regulations, correspondence, preliminary drafts of agreements, if
any, and any other material pertaining to the Department necessary
for the performance of legal services.
D. Compensation.
(1) Attornev Services. It is anticipated that the
services to be supplied by the City Attorney will constitute, on
the average, an amount equal to fifty percent (50%) of the time of
one Deputy City Attorney. Therefore, Department will compensate
City at the rate of fifty percent (50%) of the salary of the Deputy
City Attorney assigned to advise the Department, plus fifty percent
(50%) of the cost of applicable fringe benefits. This will
compensate City for both the actual services provided and for the
availability of attorney services. The rate charged shall be
adjusted automatically if the salary and fringe benefits of the
assigned Deputy City Attorney are modified by the City. City shall
provide the Department an invoice for payment covering the payroll
Master Services MOD
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98-245
1 and fringe benefit expenses on a monthly basis, together with, if
2 required by Department, itemization of specific services rendered.
3 (2) Secretarial Services. Department will pay City
4 for legal secretarial services at the rate of fifty percent (50%)
5 of the actual cost of salary and fringe benefits of a Legal
6 Secretary I. The rate charged shall be adjusted automatically if
7 the salary and fringe benefits of the Legal Secretary I are
8 modified by the City. City shall provide the Department an invoice
9 for payment covering the payroll and fringe benefit expenses of the
10 Legal Secretary I on a regular basis.
11 (3) Other Support Services. There shall be no
12 charge for paralegal or investigator services.
13 3. CIVIL SERVICE. Department shall pay to City for services
14 of its Chief Examiner and for civil Service Administration an
15 annual flat fee of $45,000. Typical services shall include, but
16 not be limited to, testing and certifying eligible employees for
17 outside recruitments and promotions, approving job descriptions,
18 minimum qualifications, and testing standards for positions in the
19 Department, and administrative hearings on discharges and
20 reductions in rank or compensation.
21 4. EMPLOYEE ASSISTANCE PROGRAM. Department shall pay to
22 City the actual cost of services to Department's employees of the
23 Employee Assistance Program. "Actual cost" will be defined as the
24 hourly rate charged by the Employee Assistance Program provider,
25 currently $50 per hour.
26 5. GEOGRAPHICAL INFORMATION SYSTEM (GIS)
27 A. Services. City, through its Management Information
28 Services (MIS) Division, shall provide GIS services for Department,
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including receiving and analyzing data, and generating of various
maps. These services may be requested on the MIS Service Request
Form available from MIS, which must be signed by a predetermined
Department designee indicating authorization to proceed with the
rendering of requested services.
B. Compensation. Department shall pay to City the
actual cost of services provided based on GIS personnel's hourly
rate plus materials.
6. RIDESHARE COORDINATOR. Department shall pay to City a
flat annual rate of $3,000 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:
and implementing a Trip
all other AQMD Regulation
A. Developing, updating
Reduction Plan and complying with
requirements;
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 and Water Reclamation 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 and Water Reclamation
Plant.
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98-245
1 8. WORKERS' COMPENSATION ADMINISTRATION. Department shall
2 pay to City for the administration of its Workers' Compensation
3 Program, its proportionate share of the budgeted cost of
4 administration based upon budget payroll costs, provided that the
5 Department provides to the City the budget figures for payroll
6 within a reasonable time after Department's budget is adopted. For
7 any year in which payroll figures are not made available to the
8 City in a timely fashion, the percentage shall be the same as that
9 used for the prior year. For fiscal year 1998/99, this shall be
10 seventeen percent (17%). In addition, the Department shall pay the
11 actual cost of the amount paid out on its claims.
12 9. MANAGEMENT INFORMATION SERVICES (MIS)
13 A. Services. The MIS Director will act as the
14 Department's MIS Director and shall provide to the Department all
15 necessary management services, including but not limited to needs
16 analyses, technical and project support, inventory control,
17 maintenance and replacement scheduling, strategic planning, backups
18 and security safeguarding, and acting as liaison with technology
19 vendors. The MIS Director shall report directly to the General
20 Manager of the Water Department, or his designee, regarding all
21 management information services.
22 B. Support Staff. In connection with providing the
23 foregoing services, the MIS Department will provide sufficient
24 support to perform any and all obligations undertaken herein. MIS
25 will employ four and one-half positions which shall be dedicated
26 exclusively to support the MIS Director in providing services to
27 the Department. The exact titles of the positions are subject to
28 negotiation and change based upon the mutual agreement of the MIS
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Director and the General Manager.
C. Compensation.
(1) Director's Services.
reimburse the City for ten percent (10%)
yearly salary and benefits.
(2) Support Services. The Department will
reimburse the City for one hundred percent (100%) of the costs
associated with retention.
The Department will
of the MIS Director's
(3) Budqet. The MIS Director will have a budget
within the Department's annual budget, subject to approval by the
Board of Water Commissioners and by the General Manager. For
fiscal year 1998/1999, the Board has approved a lump sum of
$385,044 as the MIS budget. Allocation of dollars within the
budget is to be agreed upon by MIS Director and the General
Manager.
(4) Billinq. The City will provide the Department
a monthly invoice for the costs incurred by the City consistent
with the budget approved by the Board of Water Commissioners. In
the event that the Department determines that an itemization of
services rendered is warranted, the City agrees to provide such an
itemization.
10. PAYROLL FUNCTION. The City shall provide to the
Department payroll services, which shall include the following:
completion and processing of payroll in accordance with mutually
agreed on policies and procedures. The City agrees to provide
these services for a flat annual rate of $28,000. A one-time only
fee of $1,000 will be paid to the City by the Department for
initial set up costs.
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98-245
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11. TERMS. This Memorandum of Understanding shall terminate
2 as of June 30, 1999.
3 BOARD OF WATER COMMISSIONERS
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5 Date:
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11 Date:
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Auqust 4. 1998
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13 ATTEST:
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City Clerk
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APPROVED AS TO FORM AND
18 LEGAL CONTENT
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o >0 f. t?2~Z
es F. Penman, City Attorney
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Master Services MOD
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Harold W. Willis, President
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Hoverland, Secretary
CITY OF SAN BERNARDINO
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