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RESOLUTION (ID#2582) DOC ID: 2582
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 07/01/2013
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a First Amendment to the Master Services Memorandum of
Understanding with the Water Department for Provision of City Services For Fiscal Year
2013/2014. (#2582)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
Balance as of. <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On September 4, 2012, Resolution No. 2012-229 was adopted by the Mayor and Common
Council authorizing the City Manager to execute a Master Services Memorandum of
Understanding with the Water Department.
City Attorney Review:
Supporting Documents:
reso 2582 (PDF)
agrmt 2582 (PDF)
2012-229 Water MSA(PDF)
Updated: 6/26/2013 by James F.Penman Packet Pg. 386
1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
4 EXECUTE A FIRST AMENDMENT TO THE MASTER SERVICES MEMORANDUM
OF UNDERSTANDING WITH THE WATER DEPARTMENT FOR PROVISION OF
5 CITY SERVICES FOR FISCAL YEAR 2013/2014
6 WHEREAS, the City of San Bernardino provides certain services to the Water
7
Department for which the Department compensates the City; and a
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9 WHEREAS, it is the desire of the City and the Department to extend the Master w
to Services Memorandum of Understanding to memorialize these services for one more year;
11 a
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON M0
12 0
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized to execute a First Amendment to Z
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15 the Master Services Memorandum of Understanding with the Water Department, attached =
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16 hereto as Exhibit"A"and incorporated herein as though fully set forth. Q
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Packet Pg.387
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
2 EXECUTE A FIRST AMENDMENT TO THE MASTER SERVICES MEMORANDUM
3 OF UNDERSTANDING WITH THE WATER DEPARTMENT FOR PROVISION OF
CITY SERVICES FOR FISCAL YEAR 201312014
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held on
7
the day of , 2013, by the following vote, to wit: a
8
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 JENKINS a
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12 M
VALDIVIA °
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SHORETT z
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15 KELLEY E
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16 JOHNSON
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17 MCCAMMACK N
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19 Georgeann Hanna,City Clerk ,°�
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The foregoing Resolution is hereby approved this day of 2013.
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23 Patrick J. Morris, Mayor
24 Approved as to City of San Bernardino
form:
25
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27 t„wyLy, �
J es F. Penman
28 ity Attorney
2
Packet Pg.388
8:A.b
I FIRST AMENDMENT TO MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
3 THIS FIRST AMENDMENT is made and entered into as of July 1,2013 by and between
4 the CITY OF SAN BERNARDINO, a charter city ("CITY") and the Board of Water
5 Commissioners of the City of San Bernardino (Board), who agree that the City shall provide
6 services to the City of San Bernardino Municipal Water Department (Department). In a
7 consideration of the mutual covenants and conditions set forth herein,the parties agree as follows: °
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8 1. This Amendment is made with respect to the following facts and purposes:
9 a. On September 4, 2012, CITY and Board entered into that certain agreement
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10 entitled "Master Services Memorandum of Understanding"("Agreement").
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11 2. Section 4 of the Agreement is hereby amended to extend the term through June 30,
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12 2014. z
13 3. Except for the changes specifically set forth herein, all other terms and conditions of E
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14 the Agreement shall remain in full force and effect. E
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Packet Pg. 389
1 FIRST AMENDMENT TO MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
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4 IN WITNESS THEREOF, the parties hereto have caused this First Amendment to be
5 executed by and through their respective authorized officers, as of the date first above written.
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7 CITY OF SAN BERNARDINO, BOARD OF WATER COMMISSIONERS o
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A Municipal Corporation OF THE CITY OF SAN BERNARDINO
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Allen Parker, City Manager Toni CalIicott, President 3
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APPROVED AS TO FORM: 6
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12 Robin L. Ohama, Secretary
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14 (a�es F. Penman, City Attorney E
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16 ATTEST: to
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Georgeann Hanna, City Clerk w
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Packet Pg.390
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RESOLUTION NO. 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
CITY OF SAN BERNARDINO AS FOLLOWS: o
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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 Y
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WHEREAS, it is the desire of the City and the Department to enter into a
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Memorandum of Understanding to memorialize these services;
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12 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
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13 COUNCIL AS FOLLOWS:
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14 SECTION 1. The Master Services Memorandum of Understanding between the City Q
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15 and the Department for FY 2012/2013, attached and incorporated herein as Exhibit "A", LO
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which sets forth the services that are to be provided by the City to the Department and the 2
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18 compensation to be paid therefore, is hereby approved.
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19 SECTION 2. The City Manager is hereby authorized and directed to execute the N
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20 Master Services Memorandum of Understanding.
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SECTION 3. The implementation date of the Master Services Memorandum of
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Understanding for the FY 2012-2013 is July 1, 2012 to June 30, 2013; therefore, any actions Q
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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.
Packet Pg. 391
2012-229
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER
2 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 regular meeting
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thereof, held on the 4th day of September -, 2012,by the following vote,to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
3
9 MARQUEZ _x N
10 JENKINS x o
11 VALDIVIA x
12 4)
SHORETT x E
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14 KELLEY x a
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15 JOHNSON x 0
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16 MCCAMMACK x Cn
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Georg ann Hanna, City Clerk N
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20 The foregoing resolution is hereby approved this 4 day of September , 2012•
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atri k J. Morris, ,)
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Approved as to fo
25 JAMES F. PEN N,
26 City Attorney
27 By.
City Attorney's Office
2$ de c in to sign
Racket Pg.392
2012-229
Exhibit A
MASTER SERVICES
MEMORANDUM OF UNDERSTANDING
I THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and
2 between the City of San Bernardino, a charter city (City), and the Board of Water
3 Commissioners of the City of San Bernardino (Board), who agree that the City shall provide
4
services to the City of San Bernardino Municipal Water Department (Department), for which
5
6 the Board will compensate City as follows:
7 1 SUPPORT SERVICES. The City shall provide to the City of San Bernardino <
8 Municipal Water Department (Department) the services of its City departments in support of o
9
Department operations. These services to be provided from the City include the following: z 6
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11 A. General administrative and legislative support. Includes the
12 Mayor, City Council, City Clerk, City Manager and General Government Services. E
B. Human Resources/Civil Services/Equal Employment Officer. co
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14 Typical services of the Chief Examiner and Civil Service include, but are not limited to, <
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15 testing, certification of eligible employees for outside recruitment and promotions, testing
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standards for positions in the Department, and administrative hearings on discharges and
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reductions in rank or compensation. Typical services of Human Resources include, but are cm
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18 not limited to, conducting outside recruitments; administering employee health, dental, vision,
and life insurance programs; approving job descriptions, minimum qualifications,
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20 administering the Public Employees Retirement System contract and providing the services of
21 the Equal Employment Officer. Department shall also pay to City the actual costs of <
22 recruitment related advertising that is requested by the Department.
C. Financial/Treasury Services. Typical financial treasury services
23
include, but are not limited to, banking, investments, deferred compensation program,
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25 Comprehensive Annual Financial Report.
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28 Paget P9
8.A.c
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.
i. 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 the 3:
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8 Department shall jointly determine when the services of outside M
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9 counsel are required. The Department shall consult with and
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obtain approval of the City Attorney prior to the employment of c
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outside counsel, and prior to assignment of matters to outside -Ea
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counsel. The Department shall provide the City Attorney with E
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of any agreements that engage outside counsel and �
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ensure that such counsel keep the City Attorney informed of its Z'
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work and provide the City Attorney copies of any and all
15 correspondence and documents filed in any court on
1 Department matters. N
17 ii. Bankruptcy Counsel. The Department will pay its pro-rata c
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share of bankruptcy counsel's fees, upon recommendation of
1 City Attorney and approval by the Department's General
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Manager. a
21 iii. Support 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
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25 been and will continue to be furnished by the Department to the
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28 Packet--Pg.394
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
drafts of agreements, if any, and any other material pertaining to
4 0
the Department necessary for the performance of legal services.
E. Police and Fire Safety Services. The City shall provide to =
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7 Department all safety-related services. Typical services shall include, but are not limited to, Q
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police patrol, fire rescue and emergency response, and hazmat services. 2
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F. Compensation. The annual costs for these support services shall a
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10 be based in part on the Full Cost Allocation Plan, compiled in accordance with Generally
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Accepted Accounting Principles and also based on many of the methods of indirect cost a
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allocation as defined by the Federal Office of Management and Budget's (OMB) Circular A- a
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87. The allocated costs were calculated in part based on the "best available data and
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methodology at this time." The City and Department staff have agreed to continue meeting to
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further refine both the data and methodology and make any adjustments needed in future 2
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years. For FY 2012-13 the reimbursement rate for services is $3,261,400.
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2. RIGHT - OF - WAY RENTAL FEE. This is a fee calculated and charged on N
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water underground infrastructure in the City's right-of-way area. A standard method was o
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used to calculate the value of the public right-of-way and an inventory of the space occupied a
19 was computed. From this data, a rental fee was established. For FY 2012-13, the fee is 0
20 $592,400. a
21 3. DIRECT BILLED CONTRACTS. Services provided from City Internal
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Service Funds and Special Revenue Funds are not part of the Full Cost Allocation Plan and
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therefore are provided to the Department on a fee-for-service basis. The services to be
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provided on fee-for-service contracts include:
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28 Packet Pg. 395
2012-229
Exhibit A
MASTER SERVICES
MEMORANDUM OF UNDERSTANDING
A. EMPLOYEE ASSISTANCE PROGRAM. Department shall
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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). o
5 B. RIDESHARE COORDINATOR. Department shall pay to City
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a flat annual fee $5,200 for FY 2012-13 for the services of its Rideshare Coordinator, who 3
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$ shall provide services to Department employees as required by the Air Quality Management o
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9 District(AQMD) including, but not limited to: o
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10 i. Developing, updating and implementing a Trip Reduction Plan and
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complying with all other AQMD Regulation requirements,
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including the provision of trip reduction incentives for Department N
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employees;
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ii. Promoting the Trip Reduction Plan and rideshare activities, and co
15 tracking and documenting employee participation; and
16 iii. Acting as a liaison with AQMD and attending all training, meetings N
17 and workshops as required by AQMD. N
18 C. CALL CENTER. Department shall pay for participation in the N
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19 San Bernardino Direct Call Center program herein referenced as (SB Direct). The SB Direct E
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20 program is a central, city-wide "response-center" that is designed to act as a "one-stop-shop" Q
21 for all non-emergency requests for information or for service and accept concerns/suggestions.
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The Office of the City Manager oversees the provision of services. In connection with
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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
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28 Packet Pg. 396
2012-229
Exhibit A
MASTER SERVICES
MEMORANDUM OF UNDERSTANDING
Department will not be obligated to pay this cast in the year fallowing termination of the
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program.
3 D. TELEPHONE SERVICES. The Department shall pay to the ^
4 City for the use of City's telephone system as follows: o
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i. Actual monthly telephone charges attributable to the active, y
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validated ports assigned to the Water Department, Water Yards, a
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Water Reclamation Plant and RIX Plant.
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ii. A proportionate share of the fixed costs of operations, debt
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retirement/system hardware, and leased lines, based upon the ?
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10 portion of total active, validated telephone ports assigned to Water E
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Department, Water Yards, Water Reclamation Plant and RIX Plant.
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iii. For FY 2012-13 the estimated amount to be paid for the above
13 items is $126,400. LO
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iv. As approved in the Telephone Equipment MOU dated January 24, Cn
15 2011, (Resolution No. 2011-1$) the Department fully purchased the
16 telephone switch upgrade in the amount of $400,000 and the City N
17 agreed upon share is $220,000 (55%) which the City is to pay the V
18 Department $44,000 on or before January 30, for a term of five
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19 years with the first payment due by January 30, 2012 and the final E
20 payment due by January 30, 2016.
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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 casts,
24 provided that the Department provides to the City the budget figures for payroll within a
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25 reasonable time after Department's budget is adopted. For any year in which payroll figures
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28 Packet Pg.397'
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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
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 °
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Office or IT Director will act as a private contractor to provide some of the Department's IT-
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related services (as outlined in Attachment 1), at a cost of$262,000 for FY 2012-13.
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8 G. LEASE AGREEMENT. The lease agreement between the City o
9 and Department, which provides for the Department's use of 12,886 square feet of office z°
10 space on the 51 floor of City Hall and 1030 square feet on the second floor of City Hall, E
11 =
expired on March 31,2012. The Department is paying rental on a month-to-month basis, with a
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13 monthly payments of$14,818.84. The Department will pay the City $177,826 for 12 months
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14 of rental in advance for FY 2012-13. All other terms and conditions of the September 9, N
15 2002, lease agreement remain in full effect. ;
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4. TERM. This Memorandum of Understanding shall terminate as of June 30, N
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2013 unless terminated by either party at least thirty (30) days prior to July 1,2013. o
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28 Packet-398
2412-229 ="BA.c -
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 _
CL
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BOARD OF WATER COMMISSIONERS
5 OF THE CITY OF SAN BERNARDINO
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7 Date; C? � �"�` Q
Ca 'co , resi ent
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Rahn L. Ohama, Secretary z
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12 CITY OF SAN BERNARDINO Q
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Date: a
An 11 rea Travis-Mil I er,
15 Acting City Manager
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1 ,Approved as to Fo ATTEST:
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20 James F. Pe man, City Attorney Georgeafifi Hanna, ity Clerk
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2012-229
Attachment I
INFORMATION TECHNOLOGY CONTRACT SERVICES
FISCAL YEAR 2012/2013
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
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« 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 3
automation server as required. N
Create, delete, set security and alter email, public folders and mailboxes.
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GIS o
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• 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.
j « Provide assistance to Water GIS personnel. a
• Provide access to all personnel (not just GIS staff)to the City's web based GIS.
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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 a
provided by the City's ESRI ELA Memorandum of Understanding Internal Usage
Agreement. L
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Public Web Site N
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• Provide web site hosting on the City web server. N
« Facilitate direct update-access to Water Department content on the City web server d
through the Civica Content Management System (CMS). E
• Provide Civica CMS user training.
« Publish web site content provided by the Water Department to the City web server. a
« 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.
Packet,Pg.400
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.) a
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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. o
+ Design,configure, install and maintain WAN network links utilizing digital spread spectrum Z
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 a
Ethernet backbone.
•
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Administer 2 Unix-based firewalls that provide security to the City's network and Internet
connection and also provide virus filtering on all protocols. a
+ 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. Cn
• Provide and maintain authorized access to the City's local network through a secure web N
based Remote access system and standards-based VPN. o
+ Install, maintain and troubleshoot Cat Ve UTP cable plant including cables,jacks,wall N
plates and punch down assemblies. (Major cabling projects, drilling, or new conduit work
may be subcontracted, and would represent a cost to Water). E
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Provide for'first-defense' anti-spam protection at the firewall level. g
Provide server level support for Optispool/Optiview applications. a
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.
Packet Pg.401
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/Remittance),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 a
secure off-site media storage facility. N
Provide backup media and related supplies. °
• Maintain tape library. c
• Retrieve off-site tapes and restore data as required. z
• Ship equipment to vendors for repair.
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• 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. a
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2012-229
Attachment I
Other
Provide support and guidance for Business Continuity I 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.
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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. CO
• Manage and coordinate technology projects. 0
• Attend training provided by systems vendors and provide follow-up training to Water
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Department staff. Z
Notes: The following notes represent information that may have an impact on Water and/or reminders of topics that
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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 E
upgrades, network upgrades, PC replacements, printers, etc.)
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• Additional Civica licensing has been acquired for Intranet Development. Water may wish to review
this option for internal needs.
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Packet Pg. 403
2012-229
Exhibit A
MASTER SERVICES
MEMORANDUM OF UNDERSTANDING
1 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and
2 between the City of San Bernardino, a charter city (City), and the Board of Water
3 --
Commissioners of the City of San Bernardino (Board), who agree that the City shall provide a
4
services to the City of San Bernardino Municipal Water Department (Department), for which
0
5
6
the Board will compensate City as follows:
3
1. SUPPORT SERVICES. The City shall provide to the City of San Bernardino Q Cn
2
8 Municipal Water Department (Department) the services of its City departments in support of o
Department operations. These services to be provided from the City include the following: z°
10
11 A. General administrative and legislative support. Includes the �
12 Mayor, City Council, City Clerk, City Manager and General Government Services. a
13 B. Human Resources/Civil Services/Equal Employment Officer.
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14 Typical services of the Chief Examiner and Civil Service include, but are not limited to, Q co
15 testing, certification of eligible employees for outside recruitment and promotions, testing
16
standards for positions in the Department, and administrative hearings on discharges and
i 17 reductions in rank or compensation. Typical services of Human Resources include, but are N
1.8
not limited to, conducting outside recruitments; administering employee health, dental, vision, N
19 and life insurance programs; approving job descriptions, minimum qualifications,
20 administering the Public Employees Retirement System contract and providing the services of
21 the Equal Employment Officer. Department shall also pay to City the actual costs of Q
22 recruitment related advertising that is requested by the Department.
C. Financial/Treasury Services. Typical financial treasury services
23
include, but are not limited to, banking, investments, deferred compensation program,
24
25 Comprehensive Annual Financial Report.
26
27
Packet Pg.404
28
2412-229
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. a
0
i. Outside Counsel. The parties contemplate the continued need
5
for the Department to utilize services of outside special counsel, 3:
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7 particularly in water rights matters. The City Attorney and the 3
a
8 Department shall jointly determine when the services of outside g
0
counsel are required. The Department shall consult with and
9 6
obtain approval of the City Attorney prior to the employment of c
10
outside counsel, and prior to assignment of matters to outside E
11
counsel. The Department shall provide the City Attorney with a
12
copies of any agreements that engage outside counsel and c4
13 LO
ensure that such counsel keep the City Attorney informed of its
14 a
work and provide the City Attorney copies of any and all O
15
correspondence and documents filed in any court on CU
1 Department matters. N
17 N
ii. Bankruptcy Counsel. The Department will pay its pro-rata c
18 N
share of bankruptcy counsel's fees, upon recommendation of
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19 City Attorney and approval by the Department's General
20
Manager. a
21 iii. Support 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 Packet Pg.405
2012-229
Exhibit A
MASTER SERVICES
MEMORANDUM OF UNDERSTANDfNG
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
drafts of agreements, if any, and any other material pertaining to d
0
the Department necessary for the performance of legal services.
a
E. Police and Fire Safety Services. The City shall provide to
6
7 Department all safety-related services. Typical services shall include, but are not limited to, a
police patrol, fire rescue and emergency response, and hazmat services.
o
F. Compensation. The annual costs for these support services shall
o
be based in part on the Full Cost Allocation Plan, compiled in accordance with Generally
10
11 Accepted Accounting Principles and also based on many of the methods of indirect cost
allocation as defined by the Federal Office of Management and Budget's (OMB) Circular A- Q
12
87. The allocated costs were calculated in part based on the "best available data and
N
13
methodology at this time." The City and Department staff have agreed to continue meeting to
14 Cn
further refine both the data and methodology and make any adjustments needed in future 2
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 N
17 N
water underground infrastructure in the City's right-of-way area. A standard method was o
CN
18
used to calculate the value of the public right-of-way and an inventory of the space occupied a
19 was computed. From this data, a rental fee was established. For FY 2012-13, the fee is
20
$592,400. a
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 a fee-for-service basis. The services to be
24
25 provided on fee-for-service contracts include:
26
27
28 Packet Pg.406
2012-229
Exhibit A
MASTER SERVICES
MEMORANDUM OF UNDERSTANDING
A. EMPLOYEE ASSISTANCE PROGRAM. Department shall
1
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
r
4 the Employee Assistance Program(total of$10,000 for FY 2012-13). o
L
5 B. RIDESHARE COORDINATOR. Department shall pay to City
6 Y
a flat annual fee $5,200 for FY 2012-13 for the services of its Rideshare Coordinator, who
7 a
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shall provide services to Department employees as required by the Air Quality Management M
8 o
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District(AQMD) including, but not limited to: o
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i. Developing, updating and implementing a Trip Reduction Plan and E
11 complying with all other AQMD Regulation requirements,
12 a
including the provision of trip reduction incentives for Department
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13 employees; N
14 ii. Promoting the Trip Reduction Plan and rideshare activities, and co
15 tracking and documenting employee participation; and °1
16 iii. Acting as a liaison with AQMD and attending all training, meetings N
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17 and workshops as required by AQMD. N
18 C. CALL CENTER. Department shall pay for participation in the N
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19 San Bernardino Direct Call Center program herein referenced as (SB Direct). The SB Direct E
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 concerns/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
zs Packet Pg.407
&PLO
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
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4 City for the use of City's telephone system as follows: o
5
i. Actual monthly telephone charges attributable to the active, 330
6
validated ports assigned to the Water Department, Water Yards, 3
7
Water Reclamation Plant and RIX Plant.
8 o
ii. A proportionate share of the fixed costs of operations, debt
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retirement/system hardware, and leased lines, based upon the Z
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11 portion of total active, validated telephone ports assigned to Water =
Department, Water Yards, Water Reclamation Plant and RIX Plant. E
12 a
iii. For FY 2012-13 the estimated amount to be paid for the above �;;
13 items is $126,400.
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iv. As approved in the Telephone Equipment MOU dated January 24, g
15 2011, (Resolution No. 2011-18)the Department fully purchased the
16
telephone switch upgrade in the amount of$400,000 and the City N
17 N
agreed upon share is $220,000 (55%) which the City is to pay the c
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. Y
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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 Packet Pg.4fl8
2012-229 8.fl:c
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. C
F. INFORMATION TECHNOLOGY (IT). The City Manager's °
5
Office or IT Director will act as a private contractor to provide some of the Department's IT- 3C
6
7 related services (as outlined in Attachment 1), at a cost of$262,000 for FY 2012-13. Q
U)
G. LEASE AGREEMENT. The lease agreement between the City o
9 and Department, which provides for the Department's use of 12,886 square feet of office z
10 W
space on the 5'h floor of City Hall and 1030 square feet on the second floor of City Hall, E
11 °
expired on March 31,2012. The Department is paying rental on a month-to-month basis, with a
12
13 monthly payments of$14,818.84. The Department will pay the City $177,826 for 12 months o
N
14 of rental in advance for FY 2012-11 All other terms and conditions of the September 9, N
15 2002, lease agreement remain in full effect. ;
16
4. TERM, This Memorandum of Understanding shall terminate as of June 30, N
17 N
pp 2013 unless terminated by either party at Least thirty (30)days prior to July 1,2013. o
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28 Packet Pg.409
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
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4
BOARD OF WATER COMMISSIONERS °
5 OF THE CITY OF SAN BERNARDINO
6 �
7 Date:
Ca co , resi ent
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9 ._,,,, o
Robin L. O lama, Secretary
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12 CITY OF SAN BERNARDINO Q
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14 Date: a
Andrea Travis-Miller,
15 Acting City Manager
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17 Approved as to Fo ATTEST: N
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19 E
20 James F. Pe an, City Attorney Georgeafifi Hanna, ity Clerk
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21
22
23
24
25
26
27
28 Packet
8.A.c
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 "
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• 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 3
automation server as required. Q
• Create, delete, set security and alter email, public folders and mailboxes. 2
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GIS c
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• 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.
I 0 Provide assistance to Water GIS personnel, a
I 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 co ed
Enterprise License Agreement(ELA) with ESRI. Provide ELA management as Q
provided by the City's ESRI ELA Memorandum of Understanding Internal Usage U)
Agreement,
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3.
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Public Web Site N
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• Provide web site hosting on the City web server. N
• Facilitate direct update-access to Water Department content on the City web server
through the Civica Content Management System (CMS). E
• Provide Civica CMS user training.
Publish web site content provided by the Water Department to the City web server. Q
• 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.
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Packet Pg. 411
.._. 8.A.c
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.) Q
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Network
« Provide access to the City's TCP/IP network via digital spread spectrum radio bridges. 3
Provide access to the Internet via the City's recently upgraded higher-speed connection. N
« Set up and maintain Internet access accounts to facilitate web browsing by authorized
0
individuals.
« Provide secure inbound and outbound Internet mail service using the SMTP protocol. o
Design,configure, install and maintain WAN network links utilizing digital spread spectrum ?
radio bridges, fiber gigabit links and switched frame relay. d
Provide assistance in designing, configuring, installing and maintaining all components of
the City's network infrastructure. E
Provide access to the City's intranet utilizing the City's high-speed switched gigabit a
Ethernet backbone. co
• Administer 2 Unix-based firewails that provide security to the City's network and Internet tn
connection and also provide virus filtering on all protocols. a
« Provide DNS naming service, including name registration and name server management. Cn
• 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 N
based Remote access system and standards-based VPN. o
« Install, maintain and troubleshoot Cat Ve UTP cable plant including cables,jacks,wall N
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. a
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.
Packet Pg.412
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/Remittance),WUServer, and office automation servers. o
« 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. 3
« 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. c
Retrieve off-site tapes and restore data as required. Z
« Ship equipment to vendors for repair. W
AF A « 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. Q
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Packet Pg.413 '
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. Q
• Keep the Water Department informed of City technology projects of interest. o
• 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 3
a
to management.
Manage and coordinate technology projects.
i • o
Attend training provided by systems vendors and provide follow-up training to Water
Department staff. Z
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Notes: The following notes represent information that may have an impact on Water and/or reminders of topics that E
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 Q
upgrades, network upgrades,PC replacements,printers,etc.)
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• Additional Civica licensing has been acquired for Intranet Development. Water may wish to review Q
this option for internal needs. Cn
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