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ORIGiNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Administrator's Office
Subject: Resolution authorizing
execution of a Master Services
Memorandum of Understanding by and
between the City of San Bernardino and
the Water Department for City-provided
services.
From: Fred Wilson, City Administrator
Date: June 21, 2005
MICC Meeting Date: July 5, 2005
Synopsis of Previous Council Action:
1997 through 2004 - Resolutions are adopted annually authorizing Master Services
Memorandums of Understanding with the Water Department for the provision of City
Services
Recommended Motion:
Adopt resolution.
Contact person: I~n W~g~!::
Phone:
5122
Supporting data attached: SRI reso & agmt
Ward:
FUNDING REQUIREMENTS: Amount: Reimbursement to be made to various City
funds for services provided, as outlined in the staff
report.
Source: (Acct. No.)
(A~~t fl~cu~rirtinn)
Finance:
Council Notes:
fpJ. ~Oo5'-J,'), 7
Agenda Item No. q
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino to
execute a Master Services Memorandum of Understanding with the Water Department for
provision of City services for Fiscal Year 2005/2006. '
Backe:round:
The Water Department contracts with the City for various services. Below is a summary of the
services provided by the City to the Water Department which shall be reimbursed pursuant to the
attached MOU. These charges have been adjusted to reflect current costs of providing services.
Section 1. Equal Employment Officer:
Section 2. City Attorney:
Section 3. Civil Service:
Section 4. Human Resources and Finance:
Section 5. Employee Assistance program:
Section 6. Rideshare Coordinator:
Section 7. Telephone services:
Section 8. Facilities Management:
Section 9. Workers' Compensation:
Section 10. Information Services:
Section 11. Police and Fire Depts.:
Section 12. Water Dept. Land Sales
$35,000 (flat rate to the General Fund)
$162,750 (flat rate to the General Fund)
$65,000 (flat rate to the General Fund)
$48,000 (flat rate to the General Fund)
Reimbursement for actual costs, plus $3,000 for
proportionate share of administrative costs
$5,000 (flat rate to the AB 2766 Fund)
Reimbursement for actual costs, plus proportionate
share of fixed costs
$10,000 (flat rate to the General Fund)
Reimbursement for actual costs of claims, plus
proportionate share of administrative costs
$433,873 (flat rate to IS Fund)
$500,000 (flat rate to General Fund)
The City receives 10% of net revenue from
each land sale, which is estimated to be $75,000.
Financial Impact:
Anticipated reimbursement amounts from the Water Department Master Services Memorandum
of Understanding will be included in the FY 2004/05 adopted budget, as follows:
General Fund:
IS Fund:
AB 2766 Fund:
Telephone Fund:
Workers' Comp Fund:
$820,750
433,873
5,000
106,000
321,000
Recommendation:
Adopt resolution.
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RESOLUTIONNO. COpy
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A MASTER
SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER
DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR
2005/2006.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, The City of San Bernardino ("City") provides certain services to the
Water Department ("Department") for which the Department compensates the City; and
WHEREAS, it is the desire of the City and the Water Department to enter into a
Memorandum of Understanding to memorialize these services;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of
the City of San Bernardino that the Master Services Memorandum of Understanding between
the City and the Water Department setting forth the services that are to be provided by the City
to the Water Department and the compensation to be paid therefore, a copy of which is attached
hereto and incorporated herein as Exhibit A, is hereby adopted.
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a Master Services Memorandum of Understanding.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed and returned to the Office of the City Clerk
within 60 days following the effective date of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A MASTER
SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER
DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR
2005/2006.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
, 2005, by the following vote, to wit:
on the
day of
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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1 MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
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4
5 THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and
6 between the City of San Bernardino, a charter city ("City"), and the Board of Water
7 Commissioners of the City of San Bernardino ("Board"), who agree that the City shall provide
8 services and the Board shall compensate City therefore as follows:
9 1. EQUAL EMPLOYMENT OFFICER. The City shall provide to the City of San
10 Bernardino Municipal Water Department ("Department") the services of its Equal Employment
11 Officer and support staff at a flat annual rate of $35,000.
12 2. CITY ATTORNEY. The City Attorney shall act as General Counsel to the
13 Department and perform all of its legal work. The City Attorney shall assign sufficient staff to
14 perform the legal services needed by the Department, and such services shall be given priority.
15 A. Outside Counsel. The parties contemplate the continued need for the
16 Department to utilize services of outside special counsel, particularly in water rights matters.
17 The City Attorney and the Department shall jointly determine when the services of outside
18 counsel are required and Department staff shall consult with and obtain the approval of the City
19 Attorney prior to the employment of outside counsel and prior to the assignment of matters to
20 such counsel. All outside counsel shall keep the City Attorney informed of their work and
21 provide to the City Attorney copies of any and all correspondence and documents filed in any
22 court on Department matters and any agreements to hire outside counsel shall be required.
23 B. Support Staff. In connection with providing the foregoing services, the
24 City Attorney's office will provide sufficient secretarial, paralegal and investigator support
25 services.
26 C. Data to be Furnished to the City. The following has been and will
27 continue to be furnished by the Department to the City: All records and information pertaining
28 to legal requirements of the Department, including any back-up materials, applicable
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o 1 regulations, correspondence, preliminary drafts of agreements, if any, and any other material
2 pertaining to the Department necessary for the performance of legal services.
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D.
Compensation.
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(1)
Attornev Services. It is anticipated that the services to be
5 supplied by the City Attorney will constitute, on the average, an amount equal to fifty percent
6 (50%) of the time of one Deputy City Attorney
7
(2)
Secretarial and Other Support Services. It is anticipated that the
8 services to be supplied by the Legal Secretary will constitute, on the average, an amount equal
9 to fifty percent (50%) of the time of one Legal Secretary I and 10% of the time of other support
10 staff. City Attorney services shall be provided to the City of San Bernardino Water Department
11 at a flat annual rate of $162,750.
12
3.
CIVIL SERVICE. Department shall pay to City for the services of its Chief
13 Examiner and for Civil Service Administration an annual flat fee of $65,000. Typical services
14 shall include, but not be limited to, testing and certifying eligible employees for outside
15 recruitment and promotions, approving job descriptions, minimum qualifications, and testing
16 standards for positions in the Department, and administrative hearings on discharges and
1 7 reductions in rank or compensation.
18
4.
HUMAN RESOURCES AND FINANCE. Department shall pay to City for the
19 services of its Human Resources and Finance departments an annual flat fee of $48,000.
20 Typical services shall include, but not be limited to, conducting outside recruitments;
2 1 administering employee health, dental, vision, and life insurance programs; and administering
22 the Public Employees Retirement System contract. Department shall also pay to City the actual
23 costs of recruitment-related advertising that is requested by Department.
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5.
EMPLOYEE ASSISTANCE PROGRAM. Department shall pay to City the
25 actual cost of services to Department's employees of the Employee Assistance Program.
26 "Actual cost" will be defined as the hourly rate charged by the Employee Assistance Program
27 provider, currently $50 per hour. Department shall also pay to City a flat annual fee of $3,000
o \ 28 for its proportionate share of the administrative costs of the Employee Assistance Program.
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6.
RIDES HARE COORDINATOR. Department shall pay to City a flat annual rate
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of $5,000 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:
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A. Developing, updating and implementing a Trip Reduction Plan and
complying with all other AQMD Regulation requirements, including the provision of trip
reduction incentives for Department employees;
B. Promoting the Trip Reduction Plan and rideshare activities, and tracking
and documenting employee participation;
C. Acting as a liaison with AQMD and attending all training, meetings and
workshops as required by AQMD.
7. TELEPHONE SERVICES. Department shall pay for the use of City's telephone
system at the actual monthly telephone charges attributable to the ports assigned to the Water
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14 Department, Water Yards, Water Reclamation Plant and RIX Plant, plus a proportionate share
15 of the fixed costs of operations, debt retirement/system hardware, and leased lines, based upon
16 the portion of total telephone ports assigned to the Water Department, Water Yards, Water
1 7 Reclamation Plant and RIX Plant.
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8.
FACILITIES MANAGEMENT SERVICES. Department shall pay to City a flat
19 fee of $10,000 for the services of its Facilities Management Department, which shall provide
20 management services related to additional support / clean up of remodel of Department's 5th
21 Floor office space in City Hall.
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9.
WORKERS' COMPENSATION ADMINISTRATION. Department shall pay
23 to City for the administration of its Workers' Compensation Program, its proportionate share of
24 the budgeted cost of administration based upon budget payroll costs, provided that the
25 Department provides to the City the budget figures for payroll within a reasonable time after
26 Department's budget is adopted. For any year in which payroll figures are not made available
27 to the City in a timely fashion, the percentage shall be the same as that used for the prior year.
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For fiscal year 2005/2006, this shall be twenty percent (20%). In addition, the Department shall
pay the actual cost of the amount paid out on its claims.
10. INFORMATION SERVICES (IS).
A. Services. The IS Director will act as a private contractor to provide the
Department IS related services as defined in the attached agreement (Exhibit "A") incorporated
herein by reference upon approval by the Board of Water Commissioners and the City of San
Bernardino.
B . Compensation. The agreed upon cost to provide this service is a flat fee of
$433,873.
II. POLICE AND FIRE DEPARTMENTS. Departnlent shall pay to City a flat
fee of $500,000 as reimbursement for safety-related costs associated with the Water
Reclamation Plant.
12. WATER DEPARTMENT LAND SALES. Department shall pay to City 10%
(ten percent) of the net revenue from each land sale.
13. TERMS. This Memorandum of Understanding shall terminate as of June 30,
2006, unless terminated by either party at least thirty (30) days prior to July 1, 2006.
III
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5 MASTER SERVICES
6 MEMORANDUM OF UNDERSTANDING
7 By and between the City of San Bernardino and the Board of Water Commissions of the City of
8 San Bernardino for the provision of City services for Fiscal Year 2005/2006.
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BOARD OF WATER COMMISSIONERS
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13 Date:
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B. Warren Cocke, President
Stacey Aldstadt, Secretary
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CITY OF SAN BERNARDINO
Date:
Judith Valles, Mayor
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APPROVED AS TO FORM AND
22 LEGAL CONTENT
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ATTEST:
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,i ?2tA.~
es F. Penman, City Attorney
Rachel Clark, City Clerk
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date AdoJjted): 7 ' ~ I at; Item #
Vote: Ayes ...., Nays
Change to motion to amend original documents 0
9
Resolution #
)/Jo,:; ~ ;) ~ 1"/
Abstain
Companion Resolutions
Absent
Null/VoidAfter: ~days/ q" "A)~
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0 POST 0 RECORD W/COUNTY 0 By:
.;
Date Sent to Mayor: 1/ b I 0 S /
Date of Mayor's Signature: 11 ~ "'&S _
Date of Clerk/CDC Signature: '1 ,1 ' 01
Reso. Log Updated: 0'/
Seal Impressed: IZf"
Date Memo/Letter Sent for Signatured, gt1O.- Date Returned:
151 Reminder Letter Sent: 2nd Reminder Letter Sent:
Not Returned: 0
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders(64~;~, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
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Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
Yes
Yes
J{es
Yes
NO+" By_
No By_
NOZ By_
NO~_
No~y_
Copies Distributed to:
~ Animal Control ~' EDA 0 Information Services 0
ij
;~ City Administrator t/ Facilities 0 Parks & Recreation 0
City Attorney Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services ~
Development Services 0 Human Resources 0 Water Department
Others:
Notes:
Ready to File:
Date: ~) Vl' D
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 8, 20~
~~1J!Y, General Manager
Water Department
TO:
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-227
At the Mayor and Common Council meeting of July 5, 2005, the City of San Bernardino adopted
Resolution No. 2005-227- Resolution authorizing the Mayor to execute a Master Services
Memorandum of Understanding with the Water Department for provision of City services for
Fiscal Year 2005/2006.
Attached is one (1) original agreement with.n.r~(j) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please keep the fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be nuD and void if not executed
within sixty (60) days, or by September 2, 2005.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
wledge receipt of~e above mentioned documents.
Signed:
Date:
Please sign and reta...