HomeMy WebLinkAbout20- Finance CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Barbara Pachon,Director Of Finance Subject: Master Services Agreement
with Water Department for
Dept: Finance FY 97/98
Date: September 29, 1997 Y
Synopsis of Previous Council action:
Resolution#96-297 adopted 11/5/96
Resolution#96-136 adopted 5/20/96
OCT 0 6 199 '
Recommended motion:
Adopt Resolution
0
ignature
Contact person: Barbara Pachon, Director of Finance Phone : ext. 5242
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct.No.)
(Acct.Description)
Finance:
Council Notes:
Agenda Item No.
/o as 97
Res 97- 3/5—
' 'CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On July 21, 1997, the Mayor and Common Council adopted the final resolution approving the FY
1997/98 Budget. Included in the final FY 97/98 Budget, were various fees and revenues to be
collected from the Water Department for services provided to them by the City.
Listed below is a list of Services provided by the City to the Water Department which will be
reimbursed per the attached agreement.
(1) Affirmative Action Officer Services $25,000 (flat rate to the General Fund)
(2) City Attorney Office Services $80,000 (approx. amount to the General Fund)
(3) Civil Service Administration Services $45,000 (flat rate to the General Fund)
(4) Employee Assistance Program Services $ 1,000 (approx. amount to the Workers Comp Fund)
(5) GIS Services $ 1,000 (approx. amount to the MIS Fund)
(6) Rideshare Coordination Services $ 3,000 (flat rate to the Transportation Fund)
(7) Telephone Services $92,200 (approx. amount to the Telephone Fund)
(8) Workers Compensation Administration $374,000 (approx. amount to the Workers Comp Fund)
Total General Fund $150,000 account # 001-000-4673
Total Workers Comp Fund $375,000 account # 678-000-4906
Total MIS Fund $ 1,000 account # 679-000-4670
Total Transportation Fund $ 3,000 account # 111-000-4906
Total Telephone Fund $ 92,200 account # 630-000-4893
Attached is the Master Services MOU which formalizes the items approved in the City's FY 97/98
budget with the Water Department. This MOU was adopted by the board of Water Commissioners
on September 2, 1997.
It is recommended that the attached resolution be adopted.
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1 MEMORANDUM OF UNDERSTANDING
2
3 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by
4 and between the City of San Bernardino, a charter city ("City") ,
5 and the Board of Water Commissioners of the City of San Bernardino
6 ("Board' ) , who agree that the city shall provide services and the
7 Board shall compensate City therefore as follows :
8 1 . Affirmative Action Officer. The City shall provide to
9 the Department, the services of its Affirmative Action Officer at
10 a flat annual rate of $25, 000 .
11 2 . City attorney. The City Attorney shall act as General
12 Counsel to the Department and perform all of its legal work. The
13 City Attorney shall assign sufficient staff to perform the legal
14 services needed by the Department, and such services shall be given
15 priority.
16 a. Outside Counsel . The parties contemplate the
17 continued need for the Department to utilize services of outside
18 special counsel, particularly in water right matters . The City
19 Attorney and Department shall jointly determine when the services
20 of outside counsel are required and Department staff shall consult
21 with and obtain the approval of the City Attorney prior to the
22 employment of outside counsel and prior to the assignment of
23 matters to such counsel . All outside counsel shall keep the City
24 Attorney informed of their work and provide to the City Attorney
25 copies of any and all correspondence and documents filed in any
26 court on Department matters and any agreements to hire outside
27 counsel shall so require .
28 b. Support Staff. In connection with providing the
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I foregoing services, the City Attorney' s office will provide
2 sufficient secretarial, paralegal and investigator support
3 services .
4 C. Data to be Furnished City. The following has been
5 and will continue to be furnished by Department to the City: All
6 records and information pertaining to legal requirements of the
7 Department, including any back-up materials, applicable
8 regulations, correspondence, preliminary drafts of agreements, if
9 any, and any other material pertaining to the Department necessary
10 for the performance of legal services .
11 d. Compensation.
12 I . Attorney Services . It is anticipated that the
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13 services to be supplied by the City Attorney will constitute on the
14 average, an amount equal to fifty percent (500) of the time of one
15 Deputy City Attorney. Therefore, Department will compensate City
16 at the rate of fifty percent (500) of the salary of the Deputy City
17 Attorney assigned to advise the Department, plus fifty percent
18 (500) of the cost of applicable fringe benefits . This will
19 compensate City for both the actual services provided and for the
20 availability of attorney services . The rate charged shall be
21 adjusted automatically if the salary and fringe benefits of the
22 assigned Deputy City Attorney are modified by the City. City shall
23 provide the Department-an invoice for payment covering the payroll
24 and fringe benefit expenses on a monthly basis, together with, if
25 required by Department, itemization of specific services rendered.
26 ii . Secretarial Services. Department will pay City
27 for legal secretarial services at the rate of fifty percent (50%)
28 of the actual cost of salary and fringe benefits of a Legal
2
I Secretary I . The rate charged shall be adjusted automatically if
2 the salary and fringe benefits of the Legal Secretary I are
3 modified by the City. City shall provide the Department an invoice
4 for payment covering the payroll and fringe benefits expenses of
5 the Legal Secretary I on a regular basis .
6 iii . Other Support Services . There shall be no charge
7 for paralegal or investigator services .
8 3 . Civil Service. Department shall pay to City for services
9 of its Chief Examiner and for Civil Service Administration an
10 annual flat fee of $45, 000 . Typical services shall include, but
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I 11 not be limited to, testing and certifying eligible employees for
12 outside recruitments and promotions; approving job descriptions,
13 minimum qualifications, and testing standards for positions in the
14 Department; and administrative hearings on discharges and
15 reductions in rank or compensation.
16 4 . Employees Assistance Program. Department shall pay to
17 City the actual cost of services to Department' s employees of the
18 Employees Assistant Program.
19 5 . Geographical Information System. (GIs) .
20 a. Services . City, through its Management Information
21 Services Division, shall provide GIS services for Department,
22 including receiving and analyzing data, and generation of various
23 maps . These services may be requested on the MIS Service Request
24 form available from MIS which must be signed by a predetermined
25 Department designee indicating authorization to proceed with the
AOFMW
koe 26 rendering of requested services .
27 b. Compensation. Department shall pay to City the
28 actual cost of services provided, based on GIS personnel' s hourly
3
1 rate plus materials .
2 6. Rideshare Coordinator. Department shall pay to City a
3 flat annual rate of $3, 000 . 00 for the services of its Rideshare
4 Coordinator, who shall provide services to Department employees as
5 required by the Air Quality Management District (AQMD) including,
a 6 but not limited to : ;
7 a. Developing, updating and implementing a Trip
8 Reduction Plan and complying with all other AQMD Regulation
9 requirements .
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10 b. Promoting the Trip Reduction Plan and rideshare
11 activities, and tracking and documenting employee participation;
12 C. Acting as a liaison with AQMD and attending all
13 training, meetings and workshops as required by AQMD.
14 7 . Telephone Services. Department shall pay for the use of
15 City' s telephone system the actual monthly telephone charges
16 attributable to the ports assigned to the Water Department and
17 Water Reclamation Plant; plus a proportionate share of the fixed
18 costs of operations, debt retirement/system hardware, and leased
19 lines, based upon the portion of total telephone ports assigned to
20 the Water Department and Water Reclamation Plant .
21 8. Workers' Compensation Administration. Department shall
22 pay to City for the administration of its Workers ' Compensation
23 Program, its proportionate share of the budgeted cost of
24 administration based upon budget payroll costs, provided that the
25 Department provides to the City the budget figures for payroll
26 within a reasonable time after Department ' s budget is adopted. For
27 any year in which payroll figures are not made available to the
28 City in a timely fashion, the percentage shall be the same as that
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1 used for the prior year. For fiscal year 1997/98 , this shall be
2 seventeen percent (17a) . In addition, the Department shall pay the
3 actual cost of the amount paid out on its claims .
4 9. Term. This Memorandum of Understanding shall terminate
5 as of June 30, 1998 .
6
7 DATED: — BOARD OF WATER COMMISSIONERS
8 �.
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9 Harold Willis, President
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ATTEST:
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12 -
arjoYie A. Hoverland, Secretary
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14 DATED: CITY OF SAN BERNARDINO
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By
16 Tom Minor, Mayor
17 ATTEST :
18
19 Rachel Clark, City Clerk
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Approved as to form and legal content :
21 JAMES F. PENMAN, City Attorney
22 B /
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t 1 RESOLUTION 529
(` 2
3 RESOLUTION OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN
BERNARDINO ADOPTING A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH
4 THE CITY OF SAN BERNARDINO.
5 WHEREAS, the City of San Bernardino (`City") provides certain
6 services to the Water Department ("Department") for which the
7 Department compensates the City; and,
8 WHEREAS, it is the desire of the City and the Department to
9 memorialize these agreements in a memorandum of understanding;
10 BE IT RESOLVED BY THE BOARD OF WATER COMMISSIONERS OF THE CITY
11 OF SAN BERNARDINO AS FOLLOWS :
12 SECTION 1 . The Memorandum of Understanding between the City and
13 the Board of Water Commissioners setting forth the services that are
14 to be provided by the City to the Department and the compensation to
15 be paid therefore, a copy of which is attached hereto and incorporated
16 herein as Exhibit "A", is hereby adopted.
17 I HEREBY CERTIFY that the foregoing resolution was duly adopted
18 by the Board of Water Commissioners of the City of San Bernardino at
19 a XXX regular meeting thereof, held on the 2nd day of
20 September 1997, by the following vote, to wit :
21
22 AYES : COMMISSIONERS Willis, Urata, Redeker, Cocke
23 NAYS : None
24 ABSENT: COMMISSIONER Garrett
25
JJ /26 (Seal) /f.I�'� jl'b"!
Marjgrie A. Hoverland
27 Deputy City Clerk & Ex-Officio Secretary
28