HomeMy WebLinkAbout1996-136
J
I
RESOLUTION NO. 96- 136
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MASTER SERVICES
MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF WATER COMMISSIONERS.
3
4 WHEREAS, the City provides certain services to the Water Department ("Department") for
5 which the Department compensates the City; and,
6 WHEREAS, the City and the Department have agreed as to the scope of services and the amount
7 of compensation to be paid for such services; and,
8 WHEREAS, it is the desire of the City and the Department to memorialize these agreements in
9 a memorandum of understanding;
10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
11 BERNARDINO AS FOLLOWS:
12 SECTION 1. The Memorandum of Understanding between the City and the Board of Water
13 Commissioners setting forth the services that are to be provided by the City to the Water Department
14 and the compensation to be paid therefor, a copy of which is attached hereto and incorporated herein as
15 Exhibit "A", is hereby adopted.
16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
17 Common Council of the City of San Bernardino at aregular meeting thereof, held on the20thday of
18
May
, 1996, by the following vote, to wit:
19 Council Members:
20 NEGRETE
21 CURLIN
ARIAS
22 OBERHELMAN
23 DEVLIN
24 ANDERSON
MILLER
25
26
27
28
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
<J~fhRd1~cu, lk@!g.
City Clerk '
RES 96-136 . .
1 RESOLUTION. . . ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDING
WITH THE BOARD OF WATER COMMISSIONERS
2
3 The foregoing resolution is hereby approved thisJ3~y of
May ,1996.
~ c-'V1A ~
10M MIN6R, &ra~~r
City of San Bernardino
4
5
6
7 Approved as to form and legal content:
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 DCR[Mastsvcl.Res]
2
RES 96-136 .
96-136
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between
the City of San Bernardino, a charter city ("City"), and the Board of Water Commissioners of the City
of San Bernardino ("Board"), who agree that the City shall provide services and the Board shall
compensate City therefor as follows:
1. Affirmative Action Officer. The City shall provide to the Department the services of its
Affirmative Action Officer at a flat ammal rate of $25,000.00.
2. City Attorney. The City Attorney shall act as General Counsel to the Department and
perform all of its legal work. The City Attorney shall assign sufficient staff to perform the legal
services needed by the Department, and such services shall be given priority.
a. Outside Counsel. The parties contemplate the continued need for the Department
to utilize services of outside special counsel, particularly in water rights matters. The City Attorney
and Department shall jointly determine when the services of outside counsel are required and
Department staff shall consult with and obtain the approval of the City Attorney prior to the
employment of outside counsel and prior to the assignment of matters to such counsel. All outside
counsel shall keep the City 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 so require.
b. Support staff In connection with providing the foregoing services, the City
Attorney's office will provide sufficient secretarial, paralegal and investigator support services.
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 materials pertaining to the Department necessary for the
performance oflegal services.
DCR (Mastsvc . MOU]
1
RES 96-136
d. Compensation.
i. Attorney Services. It is anticipated that the services to be supplied by the
City Attorney will constitute on average an amount equal to fifty percent (50%) ofthe 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
ifthe 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 Secretary
1. The rate charged shall be adjusted automatically if the salary and fringe benefits of the Legal
Secretary I are modified by the City. City shall provide the Department an invoice for payment
covering the payroll and fringe benefits expenses of the Legal Secretary I on a regular basis.
iii. Other Supoort Services. There shall be no charge for paralegal or
investigator services.
3. Civil Service. Department shall pay to City for services of its Chief Examiner and for
Civil Service Administration an annual flat fee of $45,000. Typical services shall include, but not be
limited to, testing and certii)'ing eligible employees for outside recruitments and promotions;
approving job descriptions, minimum qualifications, and testing standards for positions in the
Department; and administrative hearings on discharges and reductions in rank or compensation.
4. Employees' Assistance Prol:ram. Department shall pay to City the actual cost of services
to Department's employees of the Employees' Assistance Program.
DCR [Mastsvc. MOU]
2
RES 96-136
S. Geo~raphical Information System (GIS)'
a. Services. City, through its Management Information Services Division, shall
provide GIS services for Department, including receiving and analyzing data, and generation of
various maps. These services may be requested on the M.I.S. Service Request form available from
M.I.S., 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:
a. Developing, updating and implementing a Trip Reduction Plan and complying with
all other AQMD Regulation XV requirements;
b. Promoting the Trip Reduction Plan and rideshare activities, and tracking and
documenting employee participation;
c. Acting as 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 budgeted payroll costs, provided that the Department provides to City
OCR [Mastsvc .MOU]
3
RES 96-136
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 City in a timely fashion, the percentage shall
be the same as that used for the prior year. For fiscal year 1995-96 this shall be 13% ($54,644). In
addition, Department shall pay the actual cost of the amount paid out on its claims.
9. Term. This Memorandum of Understanding shall terminate as of June 30, 1996.
DATED:
BOARD OF WATER COMMISSIONERS
~~dP~
- Harold Will' ,President
ATTEST:
Ljr)~~;h/~
MaIjori A. Hoverland, Secretary
DATED:
CITY OF SAN BERNARDINO
~Q1i/flA
Torti Minor, Mayor
ATTEST:
1(~~
Rac)1el Clark, ~ity Cler.k /!lr, f) /, i;;
t(f::x11J;tldA.v IW du;aJ/ AY~.-r
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
.~ . r;
By! , ce
/
DCR [Mastsvc .MOU]
4
I RES 96-136
1
RESOLUTION NO. 503_
2 RESOLUTION OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN
BERNARDINO ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDING
3 WITH THE CITY OF SAN BERNARDINO.
4 WHEREAS, the City of San Bernardino ("City") provides certain services to the Water
5 Department ("Department") for which the Department compensates the City; and,
6 WHEREAS, the City and the Department have agreed as to the scope of services and the amount
7 of compensation to be paid for such services; and,
8 WHEREAS, it is the desire of the City and the Department to memorialize these agreements in
9 a memorandum of understanding;
10 BE IT RESOLVED BY THE BOARD OF WATER COMMISSIONERS OF THE CITY OF
II SAN BERNARDINO AS FOLLOWS:
12 SECTION I. The Memorandum of Understanding between the City and the Board of Water
13 Commissioners setting forth the services that are to be provided by the City to the Water Department
14 and the compensation to be paid therefor, a copy of which is attached hereto and incorporated herein as
15 Exhibit "A", is hereby adopted.
16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Water
17 Commissioners of the City of San Bernardino at a X
regular meeting thereof, held on the 2lstday
18 of May
19 AYES:
20 NAYS:
21 ABSENT:
22
23
24
25
26,
27
28 DCR[Mastsvc2.res]
, 1996, by the following vote, to wit:
COMMISSIONERS Urata, Garrett, Redker
None
Commissioners Willis, Cocke
"-pl~~~AAJthv~
MARl RIE A. 0 ERLAND
Deputy City Clerk & Ex-Officio Secretary