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HomeMy WebLinkAbout2010-327 (NOTE: COMPANION RESOLUTION 2010-328) RESOLUTION NO. 2010-327 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT FOR INTEGRATED WASTE CUSTOMER, BILLING AND COLLECTION SERVICES WHEREAS, the San Bernardino Municipal Water Department under the authority of the Board of Water Commissioners, and the Waste Management Division (IWM Division) of the City currently provide customer billing and collection services through separate staff and operations; and, WHEREAS, it is the desire of the Parties that cost savings and greater efficiencies and effectiveness be achieved through integration of the customer billing and collection services of the IWM Division and the San Bernardino Municipal Water Department under the authority of the Board of Water Commissioners. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City a Memorandum of Understanding (MOU) between the City of San Bernardino and San Bernardino Municipal Water Department, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as though set forth at length. SECTION 2. That pursuant to this determination the City's Director of Finance or her designee is hereby authorized to process the payment of $360,000 as defined in the Memorandum of Understanding. SECTION 3. The authorization to execute the above referenced MOU is rescinded if it is not executed by both parties within sixty (60) days of the passage of this resolution. III 2010-327 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT FOR INTEGRATED WASTE CUSTOMER, BILLING AND COLLECTION SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20th day of September , 2010, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ ~ DESJARDINS x BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK x 12~h.~ '- . Rachel G. Clark, CIty Clerk The foregoing resolution is hereby approved this ~/ldday of September 2010. ~CA~ Tobin Brinker, Mayor Pro Tern City of San Bernardino 2010-327 1 INTEGRATED WASTE CUSTOMER, BILLING AND COLLECTION SERVICE MEMORANDUM OF UNDERSTANDING 2 3 THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 20th day of 4 September, 2010, by and between the City of San Bernardino, a charter city (City) and the Board of Water 5 Commissioners ofthe City of San Bernardino (Board) (sometimes jointly referred to herein as the "Parties"). 6 Recitations: 7 WHEREAS, the City and the Board are discrete entities pursuant to the Charter of the City of San 8 Bernardino; and 9 WHEREAS, the Water Department under the authority of the Board and the Waste Management 10 Division (IWM Division) of the City currently provide customer billing and collection services through separate 11 staff and operations; and, 12 WHEREAS, it is the desire of the Parties that cost savings and greater efficiencies and effectiveness be 13 achieved through integration of the customer billing and collection services of the IWM Division and the Water 14 Department under the authority of the Water Department; and 15 WHEREAS, the Parties agree that in order to achieve the desired effectiveness and efficiencies the 16 reporting responsibilities of certain IWM Division employees must be modified to require close interaction with 17 the employees of the Water Department in order to insure a timely response to service problems reported to the 18 Water Department by the public, and there shall other changes in operations of IWM Division and the Water 19 Department as deemed to be required by the Parties. 20 NOW THEREFORE, it is hereby agreed by the Parties as follows: 21 1. SERVICE: The Water Department shall provide IWM Division all customer contact, billing, cashiers, data 22 maintenance, reporting, and collection services (IW Services) including the following: 2 3 ~ Five-day, 49-hour per-week service (Monday - Thursday 7:30-5:30 and Friday 7:30-4:30); 2 4 ~ Bilingual customer service representatives; 2 5 ~ One-stop service for all City utilities; and, 2 6 ~ Accurate data collection and retention 27 2. TERM: The Water Department will provide this service from September 1,2010 through June 30, 2013, 28 except for the termination provision stipulated in Paragraph 7. Exhibit "AU Page 1 of 4 2010-327 1 3. EXTENSION: This MOU may be extended up to five times beyond July 1, 2013, through mutual 2 agreement between the City and the Board, for a period of three years for each extension. Actual cost data 3 collected during the prior agreement term shall be utilized to determine the cost of service based pricing for 4 future extensions. 5 4. PAYMENT: Beginning October 1, 2010, IWM Division shall reimburse the Water Department $30,000 6 per month for all IW Services provided by the Water Department (City Payment) upon receipt of invoice from 7 Water Department. The payment covers the costs of IW Services identified by the cost of service analysis 8 provided as a basis for this agreement. 9 5. ESCALATION: On an annual basis, beginning July 1 each fiscal year, the Water Department will increase 10 the City Payment by a consumer price index factor (CPI- W Los Angeles, Orange County and Riverside). 11 6. SOFTWARE/HARDWARE: The Water Department maintains all computer software and hardware to 12 provide the IW Services. The Water Department is not required to modify any financial software supporting (or 13 supported by) billing, cashiering or customer service; except at the option of the Water Department. 14 7. OPERATIONAL REQUIREMENTS AND ACCOUNTABILITY: The Water Department will schedule 15 work orders for IWM Division field personnel. Such work orders shall be delivered by the Water Department 16 representative designated herein to the corresponding designated IWM Division representative. Those 1 7 representatives are as follows: 18 For Department: For IW: 1 9 Administrative Services Manager IWM Operations Manager 20 Upon receipt of the work order, IWM Division shall obtain the performance described in the work order 21 by IWM Division field personnel within the time scheduled by the Water Department. Time for performance of 22 task under the work order shall be scheduled by the Water Department according to the following: 23 Generally, it shall be the responsibility of the City to ensure that IWM Division field personnel respond 2 4 within an industry-standardized reasonable time. Such industry-standardized reasonable time shall be 25 calculated, and the methodology for said calculation shall be the basis for adjustments in the above response 2 6 schedule. The schedule for response may be adjusted by mutual written agreement of the Parties. Any such 27 adjustments shall be attached to and incorporated by reference into this MOU. 28 Exhibit "AU Page 2 of 4 2010-327 1 The Water Department will maintain a log of deficiencies or complaints related to the response time by 2 IWM Division field personnel. The City shall meet with the Water Department to correct and address any 3 deficiencies, and City shall provide management representation at such meeting with the authority to obtain the 4 required adjustments in performance. These meetings will occur quarterly, but may be scheduled on a more 5 frequent basis if required to address deficiencies as determined by the Water Department or IWM Division. 6 In the event that the Water Department meets with the City to address deficiencies and the deficiencies 7 are not corrected within the agreed time period, the Water Department shall upon the expiration of such time 8 period, provide IWM Division with written notice of deficiencies requiring correction. IWM Division shall 9 within twenty (20) days of delivery of such written notice, correct the deficiencies listed. lOIn the event that all or any of the deficiencies remain uncorrected on the expiration of the time allowed, 11 the Water Department will shall provide written notice to the City Manager of the deficiencies. Within ten (10) 12 days of delivery of such notice, the City Manager shall meet with the General Manager of the Water Department 13 to seek resolution of all deficiencies. 14 In the event that no resolution is reached to the satisfaction of the Water Department within 30 days of 15 date of notice to the City Manager or within such longer time as agreed by the Parties, this Agreement may be 16 terminated by the Board without further notice. 1 7 In the event of termination for failure to address deficiencies, the Water Department shall within 30 18 days of date of notice of termination to the City Manager, cease its performance under this MOU. The Water 19 Department shall during that time provide reasonable assistance to IWM Division to establish the delivery of the 20 terminated services through alternative means. 21 8. ONE-TIME SET UP CHARGES: IWM Division will reimburse the following one-time set up charges to 22 the Water Department: The Water Department will pay such contract invoices necessary to provide the 23 following services. The Water Department will provide an invoice, with appropriate support and IWM 24 Division will reimburse within 30 days the following contract costs: 25 )- IWM Division billing system conversion costs (actual costs of HTE invoice) estimated at $25,000; 26 )- IWM Division personnel training for HTE work orders (actual costs ofHTE invoice) estimated at 27 $8,000; and 28 )- IWM Division will donate to the Water Department two bill printers currently used by IWM Division. Exhibit "AU Page 3 of 4 2010-327 1 9. RA TES, RULES AND REGULA nONS: All rates, rules and regulations for IWM Division services shall 2 be as approved by the City Council. IWM Division will obtain such City Council approval to conform all 3 service fees to those incorporated in the Water Departments Rates, Rules and Regulations. 4 10. LIABILITY: The Department has no liability for IWM Division accounts or charges classified as 5 uncollected or uncollectable as of September 30, 2010; and shall work with City Finance to process the 6 discharge ofIW debt categorized as uncollectable prior to commencement ofthe term ofthis MOU. 7 City shall bear all costs and shall indemnify and hold harmless the Board and its agents of any claim, 8 action or liability arising from the creation of this MOU, this MOU, or performance of the requirements hereof 9 by the Parties. 10 This MOU is executed by and between the City of San Bernardino and the Board of Water Commissioners 11 of the City of San Bernardino for the provision of services defined above. 12 13 CITY OF SAN BERNARDINO BOARD OF WATER COMMISSIONERS 14 15 Date: Toni Callicott, President 16 17 18 19 20 21 Date: Robin L. Ohama, Deputy City Clerk & Ex-Officio Secretary CITY OF SAN BERNARDINO Date: Charles E. McNeely, City Manager 22 Approved as to Form: ATTEST: 23 24 James F. Penman, City Attorney Rachel Clark, City Clerk 25 26 27 28 Exhibit "A" Page 4 of 4 2010-327 1 INTEGRA TED WASTE CUSTOMER, BILLING AND COLLECTION SERVICE MEMORANDUM OF UNDERSTANDING 2 3 THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 20th day of 4 September, 2010, 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) (sometimes jointly referrJdto herein as the "Parties"). 5 6 Recitations: 7 WHEREAS, the City and the Board are discrete entities pursuant to the Charter of the City of San 8 9 Bernardino; and WHEREAS, the Water Department under the authority of the Board and the Waste Management 10 Division (IWM Division) ofthe City currently provide customer billing and collection services through separate 11 staff and operations; and, 12 WHEREAS, it is the desire of the Parties that cost savings and greater efficiencies and effectiveness be 13 achieved through integration of the customer billing and collection services of the IWM Division and the Water 14 Department under the authority of the Water Department; and 15 16 WHEREAS, the Parties agree that in order to achieve the desired effectiveness and efficiencies the reporting responsibilities of certain IWM Division employees must be modified to require close interaction with 17 the employees of the Water Department in order to insure a timely response to service problems reported to the 18 Water Department by the public, and there shall other changes in operations of IWM Division and the Water 19 Department as deemed to be required by the Parties. 20 NOW THEREFORE, it is hereby agreed by the Parties as follows: 21 1. SERVICE: The Water Department shall provide IWM Division all customer contact, billing, cashiers, data 22 maintenance, reporting, and collection services (IW Services) including the following: 23 24 ~ Five-day, 49-hour per-week service (Monday - Thursday 7:30-5:30 and Friday 7:30-4:30); ~ Bilingual customer service representatives; 25 ~ One-stop service for all City utilities; and, 26 ~ Accurate data collection and retention 27 2. TERM: The Water Department will provide this service from September 1, 2010 through June 30, 2013, 28 except for the termination provision stipulated in Paragraph 7. EXHIB IT "A" Page 1 of 4 2010-327 1 3. EXTENSION: This MOU may be extended up to five times beyond July 1, 2013, through mutual 2 agreement between the City and the Board, for a period of three years for each extension. Actual cost data 3 collected during the prior agreement term shall be utilized to determine the cost of service based pricing for 4 future extensions. 5 4. PAYMENT: Beginning October 1,2010, IWM Division shall reimburse the Water Department $30,000 6 per month for allIW Services provided by the Water Department (City Payment) upon receipt of invoice from 7 Water Department. The payment covers the costs of IW Services identified by the cost of service analysis 8 provided as a basis for this agreement. 9 5. ESCALATION: On an annual basis, beginning July 1 each fiscal year, the Water Department will increase 10 the City Payment by a consumer price index factor (CPI- W Los Angeles, Orange County and Riverside). 11 6. SOFTWARE/HARDWARE: The Water Department maintains all computer software and hardware to 12 provide the IW Services. The Water Department is not required to modify any financial software supporting (or 13 supported by) billing, cashiering or customer service; except at the option of the Water Department. 14 7. OPERATIONAL REQUIREMENTS AND ACCOUNTABILITY: The Water Department will schedule 15 work orders for IWM Division field personnel. Such work orders shall be delivered by the Water Department 16 representative designated herein to the corresponding designated IWM Division representative. Those 1 7 representatives are as follows: 18 For Department: For IW: 1 9 Administrative Services Manager IWM Operations Manager 20 Upon receipt of the work order, IWM Division shall obtain the performance described in the work order 21 by IWM Division field personnel within the time scheduled by the Water Department. Time for performance of 22 task under the work order shall be scheduled by the Water Department according to the following: 23 Generally, it shall be the responsibility of the City to ensure that IWM Division field personnel respond 24 within an industry-standardized reasonable time. Such industry-standardized reasonable time shall be 2 5 calculated, and the methodology for said calculation shall be the basis for adjustments in the above response 2 6 schedule. The schedule for response may be adjusted by mutual written agreement of the Parties. Any such 27 adjustments shall be attached to and incorporated by reference into this MOU. 28 Page 2 of 4 2010-327 1 The Water Department will maintain a log of deficiencies or complaints related to the response time by 2 IWM Division field personnel. The City shall meet with the Water Department to correct and address any 3 deficiencies, and City shall provide management representation at such meeting with the authority to obtain the 4 required adjustments in performance. These meetings will occur quarterly, but may be scheduled on a more 5 frequent basis if required to address deficiencies as determined by the Water Department or IWM Division. 6 In the event that the Water Department meets with the City to address deficiencies and the deficiencies 7 are not corrected within the agreed time period, the Water Department shall upon the expiration of such time 8 period, provide IWM Division with written notice of deficiencies requiring correction. IWM Division shall 9 within twenty (20) days of delivery of such written notice, correct the deficiencies listed. lOIn the event that all or any of the deficiencies remain uncorrected on the expiration of the time allowed, 11 the Water Department will shall provide written notice to the City Manager of the deficiencies. Within ten (10) 12 days of delivery of such notice, the City Manager shall meet with the General Manager of the Water Department 13 to seek resolution of all deficiencies. 14 In the event that no resolution is reached to the satisfaction of the Water Department within 30 days of 15 date of notice to the City Manager or within such longer time as agreed by the Parties, this Agreement may be 1 6 terminated by the Board without further notice. 1 7 In the event of termination for failure to address deficiencies, the Water Department shall within 30 18 days of date of notice of termination to the City Manager, cease its performance under this MOD. The Water 19 Department shall during that time provide reasonable assistance to IWM Division to establish the delivery of the 20 terminated services through alternative means. 21 8. ONE-TIME SET UP CHARGES: IWM Division will reimburse the following one-time set up charges to 22 the Water Department: The Water Department will pay such contract invoices necessary to provide the 23 following services. The Water Department will provide an invoice, with appropriate support and IWM 24 Division will reimburse within 30 days the following contract costs: 25 )r> IWM Division billing system conversion costs (actual costs of HTE invoice) estimated at $25,000; 26 )r> IWM Division personnel training for HTE work orders (actual costs ofHTE invoice) estimated at 27 $8,000; and 28 )r> IWM Division will donate to the Water Department two bill printers currently used by IWM Division. Page 3 of 4 2010-327 1 9. RATES, RULES AND REGULATIONS: All rates, rules and regulations for IWM Division services shall 2 be as approved by the City Council. IWM Division will obtain such City Council approval to conform all 3 service fees to those incorporated in the Water Departments Rates, Rules and Regulations. 4 10. LIABILITY: The Department has no liability for IWM Division accounts or charges classified as 5 uncollected or uncollectable as of September 30, 2010; and shall work with City Finance to process the 6 discharge of IW debt categorized as uncollectable prior to commencement of the term of this MOU. 7 City shall bear all costs and shall indemnify and hold harmless the Board and its agents of any claim, 8 action or liability arising from the creation of this MOU, this MOU, or performance of the requirements hereof 10 This MOU is executed by and between the City of San Bernardino and the Board of Water Commissioners 9 by the Parties. 11 of the City of San Bernardino for the provision of services defined above. 12 13 14 CITY OF SAN BERNARDINO BOARD OF WATER COMMISSIONERS T~'~i6^^ xftt~~ ~~.IR - Robin L. Ohama, Deputy City Clerk & Ex-Officio Secretary 15 16 Date: 11--;2.- /0 17 18 Date: /1'" cJ",. / () 19 20 21 C\ \'n{;J\~ - Date: 22 23 ATTEST: {2~);J.~ Rache1 Clark, City Clerk 24 25 26 27 28 Page 4 of 4