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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Manager's Office
Subject: Resolution authorizing
execution of a Master Services
Memorandum of Understanding by and
between the City of San Bernardino and
the Water Department for City-provided
services for FY 2009/10.
From: Charles McNeely, City Manager
Date: May 26, 2009
MICC Meeting Date: June 15, 2009
Synopsis of Previous Council Action:
1997 through 2008 - Resolutions are adopted annually authorizing Master Services
Memorandums of Understanding with the Water Department for the provision of City
Services.
Recommended Motion:
Adopt resolution.
L~f~
Contact person: Adam Raymond
Phone:
5122
Supporting data attached: SR Resolution & MOll Ward:
FUNDING REQUIREMENTS: Amount: Reimbursement to be made to various City
funds for services provided, as outlined in the staff
report.
Source: (Acct. No.)
(Ar-rt nlOoC::f"rirtinn)
Council Notes:
Finance:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino authorizing the City Manager of the City of San Bernardino to
execute a Master Services Memorandum of Understanding with the Water Department for provision of
City services for Fiscal Year 2009/2010.
Back!!round:
The Water Department contracts with the City for various services. Below is a summary of the services
provided by the City to the Water Department which shall be reimbursed pursuant to the attached MOU.
These charges have been adjusted to reflect the current costs of providing these services:
Section 1. Equal Employment Officer:
Section 2. City Attorney:
Section 3. Civil Service:
Section 4. Human Resources and Finance:
Section 5. Employee Assistance program:
Section 6. Rideshare Coordinator:
Section 7. Telephone services:
Section 8. Workers' Compensation:
Section 9. Information Technology:
Section 10. Police and Fire Depts.:
Section 11. Water Dept. Land Sales
$ 42,400 (flat rate to the General Fund)
$190,890 (flat rate to the General Fund)
$ 69,200 (flat rate to the General Fund)
$ 56,200 (flat rate to the General Fund)
$650 per month, plus $2,200 for proportionate share of
administrative costs ($10,000 total to the Workers'
Compensation Fund)
$5,200 (flat rate to the AB 2766 Fund)
Reimbursement for actual costs, plus proportionate share
of fixed costs.
Reimbursement for actual costs of claims, plus
proportionate share of administrative costs
$539,600 (flat rate to IT Fund) IT Contract Services
$500,000 (flat rate to General Fund)
The City receives 10% of net revenue from
each land sale
Chan!!es From Prior Year:
The cost for Information Technology Services (See Exhibit "A") has decreased to $539,600 from
$710,700. During FY 2007/08, Information Technology took over several of the Water Department's
maintenance contracts and subscriptions for IT related services. The Water Department will be
reassuming responsibility for the contracts for FY 2009-10. The City was charging the Water Department
on a reimbursement basis for these contracts. As such, the reduction of $171,100 will not have an impact
on the General Fund or IT Fund.
Financial Impact:
Anticipated reimbursement amounts from the Water Department Master Services Memorandum of
Understanding will be included in the FY 2009/1 0 adopted budget, as follows:
General Fund: $868,690
IT Fund: $539,600
AB 2766 Fund: $5,200
Telephone Support Fund: $126,400
Workers' Comp Fund: $412.000
TOTAL: $1,951,890
The revenue is already factored into the budget for FY 09-10.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
CC(Q)rP1{
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER
SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER
DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR
2009/20 I O.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, The City of San Bernardino ("City") provides certain services to the
Water Department ("Department") for which the Department compensates the City; and
WHEREAS, it is the desire of the City and the Water Department to enter into a
Memorandum of Understanding to memorialize these services;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of
the City of San Bernardino that the Master Services Memorandum of Understanding between
the City and the Water Department setting forth the services that are to be provided by the City
to the Water Department and the compensation to be paid therefore, a copy of which is attached
hereto and incorporated herein as Attachment I, is hereby adopted.
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City the Master Services Memorandum of
Understanding.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed and returned to the Office of the City Clerk
within ninety (90) days following the effective date of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER
SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER
DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR
2009/2010.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
,2009, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
Council Members:
AYES
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
d....L.. t ~ /7;/
James F. Penman, City hrney
Attachment 1
1
2 MASTER SERVICES
3 MEMORANDUM OF UNDERSTANDING
4
5 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and
6 between the City of San Bernardino, a charter city ("City"), and the Board of Water
7 Commissioners of the City of San Bernardino ("Board"), who agree that the City shall provide
8 services and the Board shall compensate City therefore as follows:
9 I. EOUAL EMPLOYMENT OFFICER. The City shall provide to the City of San
10 Bernardino Municipal Water Department ("Department") the services of its Equal Employment
11 Officer and support staff at a flat annual rate of $42,400.
12 2. CITY ATTORNEY. The City Attorney shall act as General Counsel to the
13 Department and perform all of its legal work. The City Attorney shall assign sufficient staff to
14 perform the legal services needed by the Department, and such services shall be given priority.
15 A. Outside Counsel. The parties contemplate the continued need for the
16 Department to utilize services of outside special counsel, particularly in water rights matters.
17 The City Attorney and the Department shall jointly determine when the services of outside
18 counsel are required and Department staff shall consult with and obtain the approval of the City
19 Attorney prior to the employment of outside counsel and prior to the assignment of matters to
20 such counsel. All outside counsel shall keep the City Attorney informed of their work and
21 provide to the City Attorney copies of any and all correspondence and documents filed in any
22 court on Department matters and any agreements to hire outside counsel shall be required.
23 B. Support Staff. In connection with providing the foregoing services, the
24 City Attorney's office will provide sufficient secretarial, paralegal and investigator support
25 services.
26 C. Data to be Furnished to the City. The following has been and will
27 continue to be furnished by the Department to the City: All records and information pertaining
28 to legal requirements of the Department, including any back-up materials, applicable
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1 regulations, correspondence, preliminary drafts of agreements, if any, and any other material
2 pertaining to the Department necessary for the performance of legal services.
3 D. Compensation.
4 (I) Attornev Services. It is anticipated that the services to be
5 supplied by the City Attorney will constitute, on the average, an amount equal to fifty percent
6 (50%) of the time of one Senior Deputy City Attorney.
7 (2) Secretarial. Other Staff and Services. It is anticipated that the
8 services to be supplied by the Legal Secretary will constitute, on the average, an amount equal
9 to fifty percent (50%) of the time of one Legal Secretary II and 10% of the time of other staff.
10 City Attorney services shall be provided to the City of San Bernardino Water Department at a
11 flat annual rate of $] 90,890.
12 3. CIVIL SERVICE. Department shall pay to City for the services of its Chief
13 Examiner and for Civil Service Administration an annual flat fee of $69,200. Typical services
1 4 shall include, but not be limited to, testing and certifYing eligible employees for outside
15 recruitment and promotions, and testing standards for positions in the Department, and
16 administrative hearings on discharges and reductions in rank or compensation.
17 4. HUMAN RESOURCES AND FINANCE. Department shall pay to City for the
18 services of its Human Resources and Finance departments an annual flat fee of $56,200.
19 Typical services shall include, but not be limited to, conducting outside recruitments;
20 administering employee health, dental, vision, and life insurance programs; approving job
21 descriptions, minimum qualifications, and administering the Public Employees Retirement
22 System contract. Department shall also pay to City the actual costs of recruitment-related
23 advertising that is requested by Department.
24 5. EMPLOYEE ASSISTANCE PROGRAM. Department shall pay to City the
25 $650 per month for the Employee Assistance Program. Department shall also pay to City a flat
26 annual fee of $2,200 for its proportionate share of the administrative costs of the Employee
27 Assistance Program (total of$]O,OOO).
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1 6. RIDESHARE COORDINATOR. Department shall pay to City a flat annual rate
2 of $5,200 for the services of its Rideshare Coordinator, who shall provide services to
3 Department employees as required by the Air Quality Management District (AQMD) including,
4 but not limited to:
5 A. Developing, updating and implementing a Trip Reduction Plan and
6 complying with all other AQMD Regulation requirements, including the provision of trip
7 reduction incentives for Department employees;
8 B. Promoting the Trip Reduction Plan and rideshare activities, and tracking
9 and documenting employee participation;
10 C. Acting as a liaison with AQMD and attending all training, meetings and
11 workshops as required by AQMD.
12 7. TELEPHONE SERVICES. Department shall pay for the use of City's telephone
13 system at the actual monthly telephone charges attributable to the ports assigned to the Water
14 Department, Water Yards, Water Reclamation Plant and RIX Plant, plus a proportionate share
15 of the fixed costs of operations, debt retirement/system hardware, and leased lines, based upon
16 the portion of total telephone ports assigned to the Water Department, Water Yards, Water
17 Reclamation Plant and RIX Plant.
18 8. WORKERS' COMPENSATION ADMINISTRATION. Department shall pay
19 to City for the administration of its Workers' Compensation Program, its proportionate share of
20 the budgeted cost of administration based upon budget payroll costs, provided that the
21 Department provides to the City the budget figures for payroll within a reasonable time after
22 Department's budget is adopted. For any year in which payroll figures are not made available
23 to the City in a timely fashion, the percentage shall be the same as that used for the prior year.
24 For fiscal year 2009/2010, this shall be twenty percent (20%). In addition, the Department shall
25 pay the actual cost of the amount paid out on its claims.
26 9. INFORMA nON TECHNOLOGY (l T).
27 A. Services. The City Manager's Office or IT Director will act as a private
2 8 contractor to provide the Department IT related services as defined in the attached agreement
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(Exhibit "A") incorporated herein by reference upon approval by the Board of Water
Commissioners and the City of San Bernardino.
B. Compensation. The agreed upon cost to provide this service is a flat fee of
$539,600.
10. POLICE AND FIRE DEPARTMENTS. Department shall pay to City a flat
fee of $500,000 as reimbursement for safety-related costs associated with the Water
Reclamation Plant.
II. WATER DEPARTMENT LAND SALES. Department shall pay to City 10%
( ten percent) of the net revenue from each land sale.
12. TERMS. This Memorandum of Understanding shall terminate as of June 30,
20 I 0, unless terminated by either party at least thirty (30) days prior to July I, 20 I O.
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1 MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
3 By and between the City of San Bernardino and the Board of Water Commissioners of the City
4 of San Bernardino for the provision of City services for Fiscal Year 2009/20 I O.
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BOARD OF WATER COMMISSIONERS
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20 James F. Penman, City Attorney
Date:
Toni Callicott, President
Robin L. Ohama, Secretary
CITY OF SAN BERNARDINO
Date:
Charles E. McNeely, City Manager
Approved as to Form:
ATTEST:
Rachel Clark, City Clerk
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1
2 MASTER SERVICES
3 MEMORANDUM OF UNDERSTANDING
4
5 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and
6 between the City of San Bernardino, a charter city ("City"), and the Board of Water
7 Commissioners of the City of San Bernardino ("Board"), who agree that the City shall provide
8 services and the Board shall compensate City therefore as follows:
9 I. EQUAL EMPLOYMENT OFFICER. The City shall provide to the City of San
10 Bernardino Municipal Water Department ("Department") the services of its Equal Employment
11 Officer and support staff at a flat annual rate of $42,400.
12 2. CITY ATTORNEY. The City Attorney shall act as General Counsel to the
13 Department and perform all of its legal work. The City Attorney shall assign sufficient staff to
14 perform the legal services needed by the Department, and such services shall be given priority.
15 A. Outside Counsel. The parties contemplate the continued need for the
16 Department to utilize services of outside special counsel, particularly in water rights matters.
17 The City Attorney and the Department shall jointly determine when the services of outside
18 counsel are required and Department staff shall consult with and obtain the approval of the City
19 Attorney prior to the employment of outside counsel and prior to the assignment of matters to
20 such counsel. All outside counsel shall keep the City Attorney informed of their work and
21 provide to the City Attorney copies of any and all correspondence and documents filed in any
22 court on Department matters and any agreements to hire outside counsel shall be required.
23 B. Support Staff. In connection with providing the foregoing services, the
24 City Attorney's office will provide sufficient secretarial, paralegal and investigator support
25 services.
26 C. Data to be Furnished to the City. The following has been and will
27 continue to be furnished by the Department to the City: All records and information pertaining
28 to legal requirements of the Department, including any back-up materials, applicable
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1 regulations, correspondence, preliminary drafts of agreements, if any, and any other material
2 pertaining to the Department necessary for the performance of legal services.
3 D. Comoensation.
4 (1) Attornev Services. It is anticipated that the services to be
5 supplied by the City Attorney will constitute, on the average, an amount equal to fifty percent
6 (50%) of the time of one Senior Deputy City Attorney.
7 (2) Secretarial. Other Staff and Services. It is anticipated that the
8 services to be supplied by the Legal Secretary will constitute, on the average, an amount equal
9 to fifty percent (50%) of the time of one Legal Secretary II and 10% of the time of other staff.
10 City Attorney services shall be provided to the City of San Bernardino Water Department at a
11 flat annual rate of $190,890.
12 3. CIVIL SERVICE. Department shall pay to City for the services of its Chief
13 Examiner and for Civil Service Administration an annual flat fee of $69,200. Typical services
14 shall include, but not be limited to, testing and certifYing eligible employees for outside
15 recruitment and promotions, and testing standards for positions in the Department, and
16 administrative hearings on discharges and reductions in rank or compensation.
17 4. HUMAN RESOURCES AND FINANCE. Department shall pay to City for the
18 services of its Human Resources and Finance departments an annual flat fee of $56,200.
19 Typical services shall include, but not be limited to, conducting outside recruitments;
20 administering employee health, dental, vision, and life insurance programs; approving job
21 descriptions, minimum qualifications, and administering the Public Employees Retirement
22 System contract. Department shall also pay to City the actual costs of recruitment-related
23 advertising that is requested by Department.
24 5. EMPLOYEE ASSISTANCE PROGRAM. Department shall pay to City the
25 $650 per month for the Employee Assistance Program. Department shall also pay to City a flat
26 annual fee of $2,200 for its proportionate share of the administrative costs of the Employee
27 Assistance Program (total of $10,000).
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6. RIDESHARE COORDINATOR. Department shall pay to City a flat annual rate
of $5,200 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 requirements, including the provision of trip
reduction incentives for Department employees;
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, Water Reclamation Plant and RIX 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, Water
Reclamation Plant and RIX 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 used for the prior year.
For fiscal year 2009/2010, this shall be twenty percent (20%). In addition, the Department shall
pay the actual cost of the amount paid out on its claims.
9.
INFORMATION TECHNOLOGY (IT).
27 A. Services. The City Manager's Office or IT Director will act as a private
28 contractor to provide the Department IT related services as defined in the attached agreement
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(Exhibit "A") incorporated herein by reference upon approval by the Board of Water
Commissioners and the City of San Bernardino.
B. Compensation. The agreed upon cost to provide this service is a flat fee of
$539,600.
10. POLICE AND FIRE DEPARTMENTS. Department shall pay to City a flat
fee of $500,000 as reimbursement for safety-related costs associated with the Water
Reclamation Plant.
II. WATER DEPARTMENT LAND SALES. Department shall pay to City 10%
(ten percent) of the net revenue from each land sale.
12. TERMS. This Memorandum of Understanding shall terminate as of June 30,
2010, unless terminated by either party at least thirty (30) days prior to July 1,2010.
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1 MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
3 By and between the City of San Bernardino and the Board of Water Commissioners of the City
4 of San Bernardino for the provision of City services for Fiscal Year 2009/2010.
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BOARD OF WATER COMMISSIONERS
9 Date:
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15 Date:
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Toni Callicott, President
Robin L. Ohama, Secretary
CITY OF SAN BERNARDINO
Charles E. McNeely, City Manager
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Approved as to Form:
ATTEST:
James F. Penman, City Attorney
Rachel Clark, City Clerk
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