HomeMy WebLinkAbout1996-297
'.
1
2
3
4
5
6
7
8
9
RESOLUTION NO. 96-297
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 ("Department")
for which the Department compensates
city; and,
WHEREAS, the city and Department have agreed as to the scope
of services and the amount of compensation to be paid for such
services; and,
WHEREAS, it is the desire of the City and the Department to
10 memorialize these agreements in a memorandum of understanding;
11
12
13
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Memorandum of understanding between the city
14
and the Board of Water Commissioners setting forth the services
15 that are to be provided by the city to the Water Department and the
16
17
compensation to be paid therefor, a copy of which is attached
hereto and incorporated herein as Exhibit "A", is hereby adopted.
18
19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
20
21
22
23
24
25
26
27
28
the Mayor and Common
joint
regular
council of the City of San Bernardino at a
7th
meeting
thereof,
held
the
day
of
on
October , 1996, by the following vote, to wit:
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I / /
RES 96-297
.
RESOLUTION ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDIN
WITH THE BOARD OF WATER COMMISSIONERS.'
1
2 Councilmembers AYES NAYS ABSTAIN ABSENT
3 NEGRETE X
4 CURLIN X
5 ARIAS X
6 OBERHELMAN X
7 DEVLIN X
8 ANDERSON X
9 MILLER X
10 ~J~ ~
11 City Clerk
13
14
15
16 Approved as to form
and legal content:
17
18
19
12
20
21
22
23
24
25
26
27
28
The foregoing resolution is hereby approved this ~~~
October , 1996.
day of
~~ /=2;/ \
/~ !;{({'1.-8-~
Tom Minor, Mayor
city of San Bernardino
JAMES F. PENMAN
City A torney
'"
By:
-2-
96-297
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
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 annual rate of $25,000.
2. ci tv Attornev. 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 right 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.
RES 96-297
-2-
RES 96-297
1
2
3
4
5 The rate charged shall be adjusted automatically if the salary
6 nd fringe benefits of the Legal Secretary I are modified by the
7 i ty. ci ty shall provide the Department an invoice for payment
8 overing the payroll and fringe benefits expenses of the Legal
9 ecretary I on a regular basis.
10 iii. other Support Services.
11 or paralegal or investigator services.
12 3_ civil Service. Department shall pay to City for services
13 f its Chief Examiner and for civil Service Administration an
14 nnual flat fee of $45,000. Typical services shall include, but
15 ot be limited to, testing and certifying eligible employees for
16 utside recruitments and promotions; approving job descriptions,
17 inimum qualifications, and testing standards for positions in the
18 epartment; and administrative hearings on discharges and
19 educt ions in rank or compensation.
20 4. Emplovees Assistance Proararn. Department shall pay to
21 ity the actual cost of services to Department's employees of the
22 mployees Assistance Program.
23 s. Geoaraphical Information Svstem_ (GIS).
24 a. Services. City, through its Management Information
25 ervices Division, shall provide GIS services for Department,
26 'ncluding receiving and analyzing data, and generation of various
aps. These services may be requested on the MIS Service Request
ii. Secretarial Services. Department will pay City for
egal secretarial services at the rate of fifty percent (50%) of
he actual cost of salary and fringe benefits of a Legal Secretary
There shall be no charge
27
28
-3-
RES 96-297
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
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:
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_ TeleDhone 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' ComDensation Administration. Department shall
pay to City for the administration of its Workers' Compensation
-4-
RES 96-297
MEMORANDUM OF UNDERSTANDING WITH BOARD OF WATER COMMISSIONE~S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 ATTEST:
Program, its proportionate share of the budgeted cost of
administration based upon budget payroll costs, provided that the
Department provides to 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 City in a
timely fashion, the percentage shall be the same as that used for
the prior year.
For fiscal year 1996/97, this shall be l3%
($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, 1997.
Yl trlr 5, / Cj 1 /r;
DATED:
BOARD OF WATER COMMISSIONERS
:: Z%~~ ~!~tary
19
20 DATED:
CITY OF SAN BERNARDINO
21
22
~.. . )/1
B~JlN ;j j[t',{'-t~
Tom Minor, Mayor
23 ATTEST:
24 ()_ ^ 1. IJ ~
25 ~~~k, city Clerk
26
Approved as to form and legal content:
27 JAMES F. PENMAN, City Attorney
28
By
/)
(~ M'l."'-I'l''d-
"
(
-5-