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HomeMy WebLinkAbout2012-229 RESOLUTION NO--201.2--229 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 4 2012/2013. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 Whereas, the City of San Bernardino (City) provides certain services to the Water 8 Department(Department) for which the Department compensates the City; and 9 WHEREAS, it is the desire of the City and the Department to enter into a 10 Memorandum of Understanding to memorialize these services; 11 12 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 13 COUNCIL AS FOLLOWS: 14 SECTION 1. The Master Services Memorandum of Understanding between the City 15 and the Department for FY 2012/2013, attached and incorporated herein as Exhibit "A", 16 which sets forth the services that are to be provided by the City to the Department and the 17 18 compensation to be paid therefore, is hereby approved. 19 SECTION 2. The City Manager is hereby authorized and directed to execute the 20 Master Services Memorandum of Understanding. 21 SECTION 3. The implementation date of the Master Services Memorandum of 22 Understanding for the FY 2012-2013 is July 1, 2012 to June 30, 2013; therefore, any actions 23 24 previously taken by the City and/or the Department implementing this agreement between 25 July 1, 2012, and the date that this Resolution is adopted are hereby ratified. 26 SECTION 4. The authorization to execute the agreement is rescinded if it is not 27 executed and returned to the Office of the City Clerk within ninety (90) days following the 28 effective date of this Resolution. 2012-229 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 3 2012/2013. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a joint requial meeting 6 thereof, held on the A th day of gym , 2012,by the following vote,to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 JENKINS x 11 VALDIVIA x 12 SHORETT x 13 14 KELLEY x 15 JOHNSON x 16 MCCAMMACK x 17 18 Georg6irm Hanna, City Clerk 19 20 The foregoing resolution is hereby approved this day of September 2012. 21 22 23 atd k J. Morris, I layar_� 24 Approved as to fo 25 JAMES F. PE , 26 City Attorney 27 By: City/Attorney's Office 28 de c fined to sign 1 i 2012-229 Exhibit A MASTER SERVICES MEMORANDUM OF UNDERSTANDING 1 D. Attorney/Legal Services. The City Attorney shall act as 2 General Counsel to the Department and perform all of the Department's legal work. The City 3 Attorney shall assign sufficient staff to perform the legal services needed by the Department, 4 and such services shall be given priority. 5 i. Outside Counsel. The parties contemplate the continued need 6 for the Department to utilize services of outside special counsel, 7 particularly in water rights matters. The City Attorney and the 8 Department shall jointly determine when the services of outside 9 counsel are required. The Department shall consult with and 10 obtain approval of the City Attorney prior to the employment of 11 outside counsel, and prior to assignment of matters to outside 12 counsel. The Department shall provide the City Attorney with 13 copies of any agreements that engage outside counsel and 14 ensure that such counsel keep the City Attorney informed of its work and provide the City Attorney copies of any and all 15 correspondence and documents filed in any court on 16 Department matters. 17 ii. Bankruptcy Counsel. The Department will pay its pro-rata 18 share of bankruptcy counsel's fees, upon recommendation of 19 City Attorney and approval by the Department's General 20 Manager. 21 iii. Su000rt Staff. In connection with providing the foregoing 22 services, the City Attorney's office will provide sufficient 23 secretarial,paralegal and investigator support services. 24 iv. Data to be Furnished to the City Attorney. The following has 25 been and will continue to be furnished by the Department to the 26 27 28 2012-229 Exhibit A MASTER SERVICES MEMORANDUM OF UNDERSTANDING 1 City Attorney: All records and information pertaining to legal 2 requirements of the Department, including any back-up 3 materials, applicable regulations, correspondence, preliminary 4 drafts of agreements, if any, and any other material pertaining to 5 the Department necessary for the performance of legal services. 6 E. Police and Fire Safety Services. The City shall provide to 7 Department all safety-related services. Typical services shall include, but are not limited to, 8 police patrol, fire rescue and emergency response, and hazmat services. 9 F. Compensation. The annual costs for these support services shall 10 be based in part on the Full Cost Allocation Plan, compiled in accordance with Generally 11 Accepted Accounting Principles and also based on many of the methods of indirect cost 12 allocation as defined by the Federal Office of Management and Budget's (OMB) Circular A- 13 87. The allocated costs were calculated in part based on the "best available data and 14 methodology at this time." The City and Department staff have agreed to continue meeting to father refine both the data and methodology and make any adjustments needed in future 15 years. For FY 2012-13 the reimbursement rate for services is $3,261,400. 16 2. RIGHT-OF - WAY RENTAL FEE. This is a fee calculated and charged on 17 water underground infrastructure in the City's right-of-way area. A standard method was 18 used to calculate the value of the public right-of-way and an inventory of the space occupied 19 was computed. From this data, a rental fee was established. For FY 2012-13, the fee is 20 $592,400. 21 3. DIRECT BILLED CONTRACTS. Services provided from City Internal 22 Service Funds and Special Revenue Funds are not part of the Full Cost Allocation Plan and 23 therefore are provided to the Department on afee-for-service basis. The services to be 24 25 provided on fee-for-service contracts include: 26 27 28 2012-229 Exhibit A MASTER SERVICES MEMORANDUM OF UNDERSTANDING A. EMPLOYEE ASSISTANCE PROGRAM. Department shall 1 2 pay to City the $650 per month for the Employee Assistance Program. Department shall also 3 pay to City a flat annual fee of$2,200 for its proportionate share of the administrative costs of 4 the Employee Assistance Program(total of$10,000 for FY 2012-13). 5 B. RIDESHARE COORDINATOR. Department shall pay to City 6 a flat annual fee $5,200 for FY 2012-13 for the services of its Rideshare Coordinator, who 7 8 shall provide services to Department employees as required by the Air Quality Management 9 District(AQMD) including, but not limited to: 10 i. Developing, updating and implementing a Trip Reduction Plan and 11 complying with all other AQMD Regulation requirements, 12 including the provision of trip reduction incentives for Department 13 employees; 14 ii. Promoting the Trip Reduction Plan and rideshare activities, and 15 tracking and documenting employee participation; and 16 iii. Acting as a liaison with AQMD and attending all training, meetings 17 and workshops as required by AQMD. 18 C. CALL CENTER. Department shall pay for participation in the 19 San Bernardino Direct Call Center program herein referenced as (SB Direct). The SB Direct 20 program is a central, city-wide "response-center" that is designed to act as a "one-stop-shop" 21 for all non-emergency requests for information or for service and accept concems/suggestions. 22 23 The Office of the City Manager oversees the provision of services. In connection with 24 providing the foregoing services, the Office of the City Manager will provide an office 25 assistant to help in the operation of the program. The Department will pay to the City a flat 26 rate of$28,230 for FY 2012-13. If the City elects to discontinue the SB Direct Program, the 27 28 2012-229 Exhibit A MASTER SERVICES MEMORANDUM OF UNDERSTANDING Department will not be obligated to pay this cost in the year following termination of the 1 2 program. 3 D. TELEPHONE SERVICES. The Department shall pay to the 4 City for the use of City's telephone system as follows: 5 6 i. Actual monthly telephone charges attributable to the active, 7 validated ports assigned to the Water Department, Water Yards, Water Reclamation Plant and RIX Plant. 8 9 ii. A proportionate share of the fixed costs of operations, debt 10 retirement/system hardware, and leased lines, based upon the portion of total active, validated telephone ports assigned to Water 11 Department, Water Yards, Water Reclamation Plant and RIX Plant. 12 iii. For FY 2012-13 the estimated amount to be paid for the above 13 items is$126,400. 14 iv. As approved in the Telephone Equipment MOU dated January 24, 15 2011, (Resolution No. 2011-18) the Department fully purchased the 16 telephone switch upgrade in the amount of $400,000 and the City 17 agreed upon share is $220,000 (55%) which the City is to pay the 18 Department $44,000 on or before January 30, for a term of five 19 years with the first payment due by January 30, 2012 and the final 20 payment due by January 30,2016. 21 E. WORKERS' COMPENSATION ADMINISTRATION 22 Department shall pay to City for the administration of its Workers' Compensation Program its 23 proportionate share of the budgeted cost of administration based upon budgeted payroll costs, 24 provided that the Department provides to the City the budget figures for payroll within a 25 reasonable time after Department's budget is adopted. For any year in which payroll figures 26 27 28 2012-229 Exhibit A MASTER SERVICES MEMORANDUM OF UNDERSTANDING 1 are not made available to the City in a timely fashion, the proportionate share shall be the 2 same as that used for the prior year. For fiscal year 2012-13, the proportionate share shall be 3 twenty percent(20%). In addition,the Department will reimburse the City for the actual costs 4 paid on Department claims. For FY 2012-13 the estimated amount to be paid is $412,000. F. INFORMATION TECHNOLOGY (IT). The City Manager's 5 6 Office or IT Director will act as a private contractor to provide some of the Department's IT- 7 related services (as outlined in Attachment 1), at a cost of$262,000 for FY 2012-13. 8 G. LEASE AGREEMENT. The lease agreement between the City 9 and Department, which provides for the Department's use of 12,886 square feet of office 10 space on the 50' floor of City Hall and 1030 square feet on the second floor of City Hall, 11 12 expired on March 31,2012. The Department is paying rental on a month-to-month basis, with 13 monthly payments of$14,818.84. The Department will pay the City $177,826 for 12 months 14 of rental in advance for FY 2012-13. All other terms and conditions of the September 9, 15 2002, lease agreement remain in full effect. 16 4. TERM. This Memorandum of Understanding shall terminate as of June 30, 17 18 2013 unless terminated by either party at least thirty (30)days prior to July 1, 2013. 19 20 21 22 p/ 23 24 25 26 27 28 2012-229 Exhibit A MASTER SERVICES MEMORANDUM OF UNDERSTANDING 1 By and between the City of San Bernardino and the Board of Water Commissioners of the 2 City of San Bernardino for the provision of City services for Fiscal Year 2012/2013. 3 4 BOARD OF WATER COMMISSIONERS 5 OF THE CITY OF SAN BERNARDINO 6 7 Date: �2 8 Ca co rest ent 9 Rom L. Ohama, Secretary 10 11 12 CITY OF SAN BERNARDINO 13 14 Date: An ea raves-Mt We r, Acting City Manager 16 17 Approved as to Fo ATTEST: 18 19 � 20 James F. P an, City Attorney George Hanna,'City Clerk 21 22 23 24 25 26 27 28 2012-229 Attachment 1 INFORMATION TECHNOLOGY CONTRACT SERVICES FISCAL YEAR 201212013 This document details the services Information Technology proposes to provide to the Water Department during Fiscal Year 201212013 at a contract price of $522,267. Office Automation • Provide technical assistance for Water Department office automation servers and domain controllers • Provide use of the City's file, anti-virus, anti-spam and email servers and processes. • Create,delete, and alter network accounts, scripts, and user folders on the City office automation server as required. • Create,delete, set security and alter email, public folders and mailboxes. GIS • Provide access to County Assessor data through the parcel layer. • Provide access to year 2000 census data with extrapolations through 2013 • Provide access to appropriate GIS layers. • Provide assistance to Water GIS personnel. • Provide access to all personnel (not just GIS staff)to the City's web based GIS. • Provide access to any ESRI software and software licenses provided and specified by the City's Enterprise License Agreement(ELA)with ESRI. Provide ELA management as provided by the City's ESRI ELA Memorandum of Understanding Internal Usage Agreement. Public Web Site Provide web site hosting on the City web server. • Facilitate direct update-access to Water Department content on the City web server through the Civica Content Management System (CMS). • Provide Civica CMS user training. Publish web site content provided by the Water Department to the City web server. • Provide web server administrative services including performance monitoring, system tuning, system security, and installation of server software upgrades and service packs. • Maintain sbcitywater.org domain name system service. Intranet(Internal)Web Site Provide access to the City's Intranet web site content. 1 2012-229 Attachment 1 • Host Water Department content designated internal use only on the City's Intranet server. (Examples: policies and procedures, standard forms, employee benefit information, etc.) This content will be accessible to all employees, but not the public. • Facilitate direct update-access to Water Department content on the City's Intranet web site through the Civica Content Management System (CMS). • Provide online how-to procedural documentation of Office products. (Examples: How to use OWA, how to create and use Personal Folders, how to find a particular file on your PC, how to identify spam, what should I do when I get a virus, quick tutorial on Word 2007, Outlook 2007,etc.) Network • Provide access to the City's TCP/IP network via digital spread spectrum radio bridges. Provide access to the Internet via the City's recently upgraded higher-speed connection. • Set up and maintain Internet access accounts to facilitate web browsing by authorized individuals. • Provide secure inbound and outbound Internet mail service using the SMTP protocol. • Design, configure, install and maintain WAN network links utilizing digital spread spectrum radio bridges, fiber gigabit links and switched frame relay. • Provide assistance in designing, configuring, installing and maintaining all components of the City's network infrastructure. • Provide access to the City's intranet utilizing the City's high-speed switched gigabit Ethernet backbone. • Administer 2 Unix-based firewalls that provide security to the City's network and Internet connection and also provide virus filtering on all protocols. • Provide DNS naming service, including name registration and name server management. • Administer maintenance and service contracts for SBC Internetworking, SBC, NPA Computers Inc., Citrix, Accent Computers, Secure Computing and Hewlett Packard/Compaq Inc. • Provide and maintain authorized access to the City's local network through a secure web based Remote access system and standards-based VPN. • Install, maintain and troubleshoot Cat Ve UTP cable plant including cables,jacks,wall plates and punch down assemblies. (Major cabling projects, drilling, or new conduit work may be subcontracted, and would represent a cost to Water). • Provide for'first-defense' anti-spam protection at the firewall level. • Provide server level support for Optispool/Optiview applications. Permit Tracking • Provide access to the Accela Permits+ system. • Perform server administrative services including performance monitoring, system tuning, and installation of software upgrades and patches. • Act as technical liaison to the software vendor in resolving problems. 2 2012-229 Attachment 1 City Business System (Linus) • Provide access to County Assessor parcel information. Operations • Perform daily backups (Monday—Friday)of Sungard application data, Athena (Laserfiche),Triton (HR/RemiHance),WUServer, and office automation servers. • Perform weekly, monthly, and year-end full system backups of Sungard, Athena (Laserfiche), Triton (HR/Remittance), WUServer, and office automation servers. • The IT Division is not responsible for backing up data that is not saved to these aforementioned servers. • Provide offsite storage for selected weekly, monthly and year-end full system backups in a secure off-site media storage facility. • Provide backup media and related supplies. • Maintain tape library. • Retrieve off-site tapes and restore data as required. • Ship equipment to vendors for repair. • On-site business-hours support from 6:00 AM to 5:30 PM, Monday through Thursday, and 6:00 AM to 4:30 PM on Fridays. 3 2012-229 Attachment 1 Other • Provide support and guidance for Business Continuity/Disaster management plan. • Provide training and guidance to Water Department BSG staff. IT representative attendance at department meetings (agenda setting/debriefing,WTC, Web site committee) as requested and/or possible. • Review&sign-off of requests for technology purchases, monitoring for department-wide compatibility and standardization. • Keep the Water Department informed of City technology projects of interest. • Develop simple Microsoft Access and Visual Basic applications. • Administer Business Continuity/Disaster Management plan for mission-critical systems. • Develop tools for management to more easily access reports and data from systems. • Manage catalog of all applications, systems and databases that identifies assets available to management. • Manage and coordinate technology projects. • Attend training provided by systems vendors and provide follow-up training to Water Department staff. Notes: The following notes represent information that may have an impact on Water and/or reminders of topics that have been brought up from a technology perspective for consideration in planning for the future. • A technology replacement fund should be considered(i.e.major server hardware and software upgrades, network upgrades, PC replacements, printers,etc.) • Additional Civica licensing has been acquired for Intranet Development. Water may wish to review this option for internal needs. 4