HomeMy WebLinkAbout17- Finanace CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
BARBARA PACHON, PIASTER SERVICES AGREEMENT WITH
From: DIRECTOR OF FINANCE Subject: WATER DEPARTMENT
Dept: FINANCE
Date: MAY 10, 1996 s k
Synopsis of Previous Council action:
August 7, 1995 - Council adopted final resolution approving FY 95-96 Budget.
MAY
Recommended motion:
Adopt Resolution
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Signature
Contact person: Barbara Pachon,_ Director of Finance Phone: exr 5242
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On August 7, 1995, the Mayor and Common Council adopted the final
resolution approving the FY 95/96 Budget . Included in the final FY
95-96 adopted budget, were various fees and revenues to be
collected from the Water Department for services provided to them
by the City.
On May 8 , 1996, Diane Roth provided the Master Services MOU and
documents for the adoption of the Sewer In Lieu Fee which formalize
the items approved in the City' s FY 95-96 Budget with the Water
Department .
It is recommended that the Mayor and Common Council approve the
attached resolution.
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: BARBARA PACHON, Director of Finance
FROM: DIANE CATRAN ROTH, Deputy City Attorney
DATE: May 8, 1996
RE: Master Services MOU and Adoption of Sewer In Lieu Fee
Attached are the following documents which you requested, for inclusion on the next Council
agenda:
Original Master Service MOU with the Board of Water Commissioners
Original Resolution Adopting a Master Services Memorandum of Understanding with the
Board of Water Commissioners
Exhibit "A" to the above resolution (copy of MOU)
Resolution Approving the Transfer of an In Lieu Fee from the Sewer Fund to the City's
General Fund
I have also sent the MOU for Master Services to the Water Department for approval by the Board
of Water Commissioners. You will notice that I did not include payment for the City's Safety
Officer. The reason for that is, as we discussed, that the City has already been paid for that
service for this year, and it will not continue past this year.
Please let me know if you have any questions about either of these.
�ffANE CATRAN ROTH
Deputy City Attorney
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between
the City of San Bernardino, a charter city("City"), and the Board of Water Commissioners of the City
of San Bernardino ("Board"), who agree that the City shall provide services and the Board shall
compensate City therefor as follows:
1. Affirmative Action Officer. The City shall provide to the Department the services of its
Affirmative Action Officer at a flat annual rate of$25,000.00.
2. City Attorney. The City Attorney shall act as General Counsel to the Department and
perform all of its legal work. The City Attorney shall assign sufficient staff to perform the legal
services needed by the Department, and such services shall be given priority.
a. 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 Department shall jointly determine when the services of outside counsel are required and
Department staff shall consult with and obtain the approval of the City Attorney prior to the
employment of outside counsel and prior to the assignment of matters to such counsel. All outside
counsel shall keep the City Attorney informed of their work and provide to the City Attorney copies
of any and all correspondence and documents filed in any court on Department matters and any
agreements to hire outside counsel'shall so require.
b. Support staff. In connection with providing the foregoing services, the City
Attorney's office will provide sufficient secretarial, paralegal and investigator support services.
c. Data to be Furnished City. The following has been and will continue to be
furnished by Department to the City: all records and information pertaining to legal requirements of
the Department, including any back-up materials,applicable regulations,correspondence,preliminary
drafts of agreements, if any, and any other materials pertaining to the Department necessary for the
performance of legal services.
DCR[Mastsvc.MOU] 1
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d. Compensation.
i. Attorney Services. It is anticipated that the services to be supplied by the
City Attorney will constitute on average an amount equal to fifty percent (50%) of the time of one
Deputy City Attorney. Therefore,Department will compensate City at the rate of fifty percent(50%)
of the salary of the Deputy City Attorney assigned to advise the Department,plus fifty percent(50%)
of the cost of applicable fringe benefits. This will compensate City for both the actual services
provided and for the availability of attorney services. The rate charged shall be adjusted automatically
if the salary and fringe benefits of the assigned Deputy City Attorney are modified by the City. City
shall provide the Department an invoice for payment covering the payroll and fringe benefit expenses
on a monthly basis, together with, if required by Department, itemization of specific services
rendered.
ii. Secretarial Services. Department will pay City for legal secretarial services
at the rate of fifty percent (50%) of the actual cost of salary and fringe benefits of a Legal Secretary
I. The rate charged shall be adjusted automatically if the salary and fringe benefits of the Legal
Secretary I are modified by the City. City shall provide the Department an invoice for payment
covering the payroll and fringe benefits expenses of the Legal Secretary I on a regular basis.
iii. Other Support Services. There shall be no charge for paralegal or
investigator services.
3. Civil Service. Department shall pay to City for services of its Chief Examiner and for
Civil Service Administration an annual flat fee of$45,000. Typical services shall include, but not be
limited to, testing and certifying eligible employees for outside recruitments and promotions;
approving job descriptions, minimum qualifications, and testing standards for positions in the
Department; and administrative hearings on discharges and reductions in rank or compensation.
4. Employees' Assistance Program. Department shall pay to City the actual cost of services
to Department's employees of the Employees' Assistance Program.
DCR[Mastsvc.MOU] 2
5. Geographical Information System GIS).
a. Services. City, through its Management Information Services Division, shall
provide GIS services for Department, including receiving and analyzing data, and generation of
various maps. These services may be requested on the M.I.S. Service Request form available from
M.I.S., which must be signed by a predetermined Department designee indicating authorization to
proceed with the rendering of requested services.
b. Compensation. Department shall pay to City the actual cost of services provided,
based on GIS personnel's hourly rate plus materials.
6. Rideshare Coordinator. Department shall pay to City a flat annual rate of$3,000 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 XV requirements;
b. Promoting the Trip Reduction Plan and rideshare activities, and tracking and
documenting employee participation;
c. Acting as 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 the
actual monthly telephone charges attributable to the ports assigned to the Water Department and
Water Reclamation 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 and Water Reclamation 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 budgeted payroll costs, provided that the Department provides to City
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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 City in a timely fashion, the percentage shall
be the same as that used for the prior year. For fiscal year 1995-96 this shall be 13% ($54,644). In
addition, Department shall pay the actual cost of the amount paid out on its claims.
9. Term. This Memorandum of Understanding shall terminate as of June 30, 1996.
DATED: BOARD OF WATER COMMISSIONERS
BY
Harold Willis, President
ATTEST:
Marjorie A. Hoverland, Secretary
DATED: CITY OF SAN BERNARDINO
By
Tom Minor, Mayor
ATTEST:
Rachel Clark, City Clerk
Approved as to form and legal content:
JAM ES F. PENMAN, City Attorney
By
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