HomeMy WebLinkAbout1997-315
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RESOLUTION NO.
97-315
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MASTER
SERVICES MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF WATER
COMMISSIONERS.
WHEREAS,
the City provides certain services to the Water Department
3 ("Department") for which the Department compensates City; and,
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WHEREAS, the City and Department have agreed as to the scope of services and the
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amount of compensation to be paid for such services; and,
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agreements in a memorandum of understanding;
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WHEREAS, it is the desire of the City and the Department to memorialize these
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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10 OF SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. The Memorandum of Understanding between the City and the Board of
12 Water Commissioners selling forth the services that are to be provided by the City to the Water
13 Department and the compensation to be paid therefore, a copy of which is allached hereto and
14 incorporated herein, is hereby adopted.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the
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20th day of October , 199f, by the following vote to wit:
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97-315
RESOLUTION OF THE CITY OF SAN BERNARDIO ADOPTING A MASTER
SERVICES MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF WATER
COMMISSIONERS.
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
MILLER
x
9
10
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12
13 1997.
14
15
Q~~,-,
CITY'cLERK
The foregoing resolution is hereby approved this :J J. ~ day of October ,
16
17 Approved as to form
and legal content:
~/1!~
T6m Minor, Mayor
City of San Bernardino
18
19 JAMES F. PENMAN
City Attorney
20 By: ~o 7- _. ~~
:: (J
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97-315
1 MEMORANDUM OF UNDERSTANDING
2
3 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by
4 and between the City of San Bernardino, a charter city ("City"),
5 and the Board of Water Commissioners of the City of San Bernardino
6 ("Board'), who agree that the city shall provide services and the
7 Board shall compensate City therefore as follows:
8 1. Affirmative Action Officer. The city shall provide to
9 the Department, the services of its Affirmative Action Officer at
10 a flat annual rate of $25,000.
11 2. Citv attorney. The City Attorney shall act as General
12 Counsel to the Department and perform all of its legal work. The
13 City Attorney shall assign sufficient staff to perform the legal
14 services needed by the Department, and such services shall be given
15 priority.
16 a. Outside Counsel. The parties contemplate the
17 continued need for the Department to utilize services of outside
18 special counsel, particularly in water right matters. The City
19 Attorney and Department shall jointly determine when the services
20 of outside counsel are required and Department staff shall consult
21 with and obtain the approval of the City Attorney prior to the
22 employment of outside counsel and prior to the assignment of
23 matters to such counsel. All outside counsel shall keep the City
24 Attorney informed of their work and provide to the City Attorney
25 copies of any and all correspondence and documents filed in any
26 court on Department matters and any agreements to hire outside
27 counsel shall so require.
28 b. Support Staff. In connection with providing the
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foregoing services, the
sufficient secretarial,
services.
city Attorney's office will provide
paralegal and investigator support
c. Data to be Furnished City. The following has been
and will continue to be furnished by Department to the City: 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. Comoensation.
I. 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
availabili ty 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
and fringe benefit expenses on a monthly basis, together with, if
required by Department, itemization of specific services rendered.
ii. Secretarial Services. Department will pay City
for legal secretarial services at the rate of fifty percent (50%)
of the actual cost of salary and fringe benefits of a Legal
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97-315
Secretary I. The rate charged shall be adjusted automatically if
2 the salary and fringe benefits of the Legal Secretary I are
3 modified by the City. City shall provide the Department an invoice
4 for payment covering the payroll and fringe benefits expenses of
5 the Legal secretary I on a regular basis.
6 iii. Other Su~port Services. There shall be no charge
7 for paralegal or investigator services.
8 3. Civil Service. Department shall pay to City for services
9 of its Chief Examiner and for Civil Service Administration an
10 annual flat fee of $45,000. Typical services shall include, but
11 not be limited to, testing and certifying eligible employees for
12 outside recruitments and promotions; approving job descriptions,
13 minimum qualifications, and testing standards for positions in the
14 Department; and administrative hearings on discharges and
15 reductions in rank or compensation.
16 4. Emolovees Assistance Proqram. Department shall pay to
17 City the actual cost of services to Department's employees of the
18 Employees Assistant Program.
19 5. Geoqraohical Information Svstem. (GIS) .
20 a. Services. City, through its Management Information
21 Services Division, shall provide GIS services for Department,
22 including receiving and analyzing data, and generation of various
23 maps. These services may be requested on the MIS Service Request
24 form available from MIS which must be signed by a predetermined
25 Department designee indicating authorization to proceed with the
26 rendering of requested services.
27 b. Compensation. Department shall pay to City the
28 actual cost of services provided, based on GIS personnel's hourly
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97-315
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rate plus materials.
6. Rideshare Coordinator. Department shall pay to City a
flat annual rate of $3,000.00 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
Reduction Plan and complying with all
requirements.
implementing a Trip
other AQMD Regulation
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 the actual monthly telephone charges
attributable to the ports assigned to the Water Department 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 and Water Reclamation Plant.
8. 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
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97-315
1 used for the prior year. For fiscal year 1997/98, this shall be
2 seventeen percent (17%). In addition, the Department shall pay the
3 actual cost of the amount paid out on its claims.
4
9.
Term. This Memorandum of Understanding shall terminate
5 as of June 30, 1998.
6
7 DATED: 9---J-3-91
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ATTEST:
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14 DATED:
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17 ATTEST:
18 ~k' ~
19 city Clerk
BOARD OF
Willis, President
CITY OF SAN BERNARDINO
~~'
By /~-1 ~
, Tom Minor, Mayor
20
Approved as to form and legal content:
21 JAMES F. PENMAN, City Attorney
22
By ~ 7-
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97-315
1
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RESOLUTION
529
3 RESOLUTION OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN
BERNARDINO ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH
4 THE CITY OF SAN BERNARDINO.
5 WHEREAS, the City of San Bernardino ("City") provides certain
6 services to the Water Department ("Department") for which the
7 Department compensates the City; and,
8 WHEREAS, it is the desire of the City and the Department to
9 memorialize these agreements in a memorandum of understanding;
10 BE IT RESOLVED BY THE BOARD OF WATER COMMISSIONERS OF THE CITY
11 OF SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. The Memorandum of Understanding between the City and
13 the Board of Water Commissioners setting forth the services that are
14 to be provided by the City to the Department and the compensation to
15 be paid therefore, a copy of which is attached hereto and incorporated
16 herein as Exhibit "A", is hereby adopted.
17 I HEREBY CERTIFY that the foregoing resolution was duly adopted
18 by the Board of Water Commissioners of the City of San Bernardino at
19 a
regular meeting thereof, held on the
2nd
day of
xxx
20 September ,1997, by the following vote, to wit:
21
22 AYES:
23 NAYS:
24 ABSENT:
25
26
27 !
281
COMMISSIONERS Willis, Urata, Redeker, Cocke
None
COMMISSIONER Garrett
(Seal)
!/)tLL//cUL i)vi( j4rlk-
Marjqrie A. Hoverland
Deputy ci ty Clerk & Ex-Officio Secretary
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97-315
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1 MEMORANDUM OF UNDERSTANDING
2
3 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by
4 and between the City of San Bernardino, a charter city ("City"),
5 and the Board of Water Commissioners of the City of San Bernardino
6 ("Board'), who agree that the city shall provide services and the
7 Board shall compensate City therefore as follows:
8 1. Affirmative Action Officer. The City shall provide to
9 the Department, the services of its Affirmative Action Officer at
10 a flat annual rate of $25,000.
11 2. Citv attornev. The City Attorney shall act as General
12 Counsel to the Department and perform all of its legal work. The
13 City Attorney shall assign sufficient staff to perform the legal
14 services needed by the Department, and such services shall be given
15 priority.
16 a. Outside Counsel. The parties contemplate the
17 continued need for the Department to utilize services of outside
18 special counsel, particularly in water right matters. The City
19 Attorney and Department shall jointly determine when the services
20 of outside counsel are required and Department staff shall consult
21 with and obtain the approval of the City Attorney prior to the
22 employment of outside counsel and prior to the assignment of
23 matters to such counsel. All outside counsel shall keep the City
24 Attorney informed of their work and provide to the City Attorney
25 copies of any and all correspondence and documents filed in any
26 court on Department matters and any agreements to hire outside
27 counsel shall so require.
28 b. SUDDort Staff. In connection with providing the
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foregoing services, the
sufficient secretarial,
services.
City Attorney's office will
paralegal and investigator
provide
support
c. Data to be Furnished Citv. The following has been
and will continue to be furnished by Department to the City: 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. ComDensation.
I. Attorney 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
and fringe benefit expenses on a monthly basis, together with, if
required by Department, itemization of specific services rendered.
ii. Secretarial Services. Department will pay City
for legal secretarial services at the rate of fifty percent (50%)
of the actual cost of salary and fringe benefits of a Legal
2
97-315
1 Secretary I. The rate charged shall be adjusted automatically if
2 the salary and fringe benefits of the Legal Secretary I are
3 modified by the City. City shall provide the Department an invoice
4 for payment covering the payroll and fringe benefits expenses of
5 the Legal Secretary I on a regular basis.
6 iii. Other SupDort Services. There shall be no charge
7 for paralegal or investigator services.
8 3. civil Service. Department shall pay to City for services
9 of its Chief Examiner and for civil Service Administration an
10 annual flat fee of $45,000. Typical services shall include, but
11 not be limited to, testing and certifying eligible employees for
12 outside recruitments and promotions; approving job descriptions,
13 minimum qualifications, and testing standards for positions in the
14 Department; and administrati ve hearings on discharges and
15 reductions in rank or compensation.
16 4. EmDlovees Assistance Proaram. Department shall pay to
17 City the actual cost of services to Department's employees of the
18 Employees Assistant Program.
19 5. Geoaraphica1 Information Svstem. (GIS) .
20 a. Services. City, through its Management Information
21 Services Division, shall provide GIS services for Department,
22 including receiving and analyzing data, and generation of various
23 maps. These services may be requested on the MIS Service Request
24 form available from MIS which must be signed by a predetermined
25 Department designee indicating authorization to proceed with the
26 rendering of requested services.
27 b. Compensation. Department shall pay to City the
28 actual cost of services provided, based on GIS personnel's hourly
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97-315
1 rate plus materials.
2 6. Rideshare Coordinator. Department shall pay to City a
3 flat annual rate of $3,000.00 for the services of its Rideshare
4 Coordinator, who shall provide services to Department employees as
5 required by the Air Quality Management District (AQMD) including,
6 but not limited to:;
7 a. Developing, updating and implementing a Trip
8 Reduction Plan and complying with all other AQMD Regulation
9 requirements.
10 b. Promoting the Trip Reduction Plan and rideshare
11 activities, and tracking and documenting employee participation;
12 c. Acting as a liaison with AQMD and attending all
13 training, meetings and workshops as required by AQMD.
14 7. Telephone Services. Department shall pay for the use of
15 City's telephone system the actual monthly telephone charges
16 attributable to the ports assigned to the Water Department and
17 Water Reclamation Plant; plus a proportionate share of the fixed
18 costs of operations, debt retirement/system hardware, and leased
19 lines, based upon the portion of total telephone ports assigned to
20 the Water Department and Water Reclamation Plant.
21 8. Workers' Compensation Administration. Department shall
22 pay to City for the administration of its Workers' Compensation
23 Program, its proportionate share of the budgeted cost of
24 administration based upon budget payroll costs, provided that the
25 Department provides to the City the budget figures for payroll
26 within a reasonable time after Department's budget is adopted. For
27 any year in which payroll figures are not made available to the
28 City in a timely fashion, the percentage shall be the same as that
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97-315
1 used for the prior year. For fiscal year 1997/98, this shall be
2 seventeen percent (17%). In addition, the Department shall pay the
3 actual cost of the amount paid out on its claims.
4
9.
Term. This Memorandum of Understanding shall terminate
5 as of June 30, 1998.
6
7 DATED: C;~J3 -97
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ATTEST:
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12
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14 DATED:
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BOARD OF WATER COMMISSIONERS
CITY OF SAN BERNARDINO
~~
By / C7Y"Yl
. Tom Minor, Mayor
17 I, ATTEST:
~: Rfi~rk~lerk
20
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Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
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