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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson,
City Administrator
Dept: City Administrator's Office
Date: May 20, 2003 OR1G\NAL
Subject: Resolution authorizing
execution of a Master Services
Memorandum of Understanding by
and between the City of San
Bernardino and the Water
Department for services provided.
M/CC Date: June 16, 2003
Synopsis of Previous Council Action:
10/22/97 Resolution 97-315 adopted, authorizing Master Services Agreement
between the City and the Water Department for Fiscal Year 1997/98.
8/17/98 Resolution 98-245 adopted, authorizing Master Services Memorandum
of Understanding with the Water Department for provision of City services
for Fiscal Year 1998/99.
11/1/99 Resolution 1999-268 adopted, authorizing Master Services Memorandum
of Understanding with the Water Department for provision of City services
for Fiscal Year 1999/00.
9/5/00 Resolution 2000-262 adopted, authorizing Master Services Memorandum
of Understanding with the Water Department for provision of City services
for Fiscal Year 2000/01.
6/18/01 Resolution 2001-153 adopted, authorizing Master Services Memorandum
of Understanding with the Water Department for the provision of City
Services for Fiscal Year 2001/2002.
6/17/02 Resolution 2002-160 adopted, authorizing Master Services Memorandum
of Understanding with the Water Department for the provision of City
Services for Fiscal Year 2002/2003
Recommended motions:
Adopt Resolution.
Contact person:
Fred Wilson
Phone: 5122
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount: Reimbursement to be made to various
City Funds for services provided, as
outlined in the Staff Report.
Source: (Accl. No)
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Finance:
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Agenda Item No. q ,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject:
STAFF REPORT
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 2003/2004.
Background:
The Water Department contracts with the City for required services. Below is a list of
services provided by the City to the Water Department which shall be reimbursed per
the attached agreement:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Equal Employment Officer
City Attorney
Civil Service
Employee Assistance Program
Rideshare Coordinator
Telephone Services
Workers' Compensation Admin.
Information Svcs.
$ 25,000 (flat rate to General Fund.)
$ 80,000 (flat rate to General Fund.)
It is anticipated that the services supplied
by the City Attorney will constitute, on average,
an amount equal to fifty percent of the time of
one Deputy City Attorney and 50% of the time
of one Legal Secretary I.
$45,000 (flat rate to General Fund.)
shall be reimbursed for actual cost of
services to Department's employees.
$ 3,000 (flat rate to Transportation Fund.)
City shall be reimbursed for actual costs, plus
proportionate share of fixed costs of operation.
City shall be reimbursed for proportionate
share of budgeted administrative costs, plus
actual cost of amount paid out on claims.
$373,400 (flat rate to IS Fund.) See
Exhibit "A".
The attached Master Services Memorandum of Understanding with the Water
Department was approved by the Board of Water Commissioners on June 10, 2003.
Fiscal Impact:
Anticipated reimbursement amounts from the Water Department Master Services
Memorandum of Understanding will be included in the FY 2003/2004 adopted budget,
as follows:
General Fund
I.S.
Transportation Fund
Telephone Fund
Workers Comp Fund
$150,000
$373,400
$ 3,000
$109,200
$300,000
Recommendation:
Adopt resolution.
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cc~rY
RESOLUTION NO.
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
2003/2004.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. 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 2. 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 3. 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 tbe etfective date of this resolution.
III
III
ND. q
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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
DEP ARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR
2003/2004.
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 on the
_ day of
,2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
James F. Penman,
City Attorney
,~
1 MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
3
4
5 THIS MEMORANDUM OF UNDERSTANDING is made and entered into
6 by and between the City of San Bernardino, a charter city
7 ("City"), and the Board of Water Commissioners of the City of
8 San Bernardino ("Board"), who agree that the City shall provide
9 services and the Board shall compensate City therefore as
10 follows:
11 1. EQUAL EMPLOYMENT OFFICER. The City shall provide to
12 the City of San Bernardino Municipal Water Department
13 ("Department") the services of its Equal Employment Officer at a
14 flat annual rate of $25,000.
15 2. CITY ATTORNEY. The City Attorney shall act as General
16 Counsel to the Department and perform all of its legal work.
17 The City Attorney shall assign sufficient staff to perform the
18 legal services needed by the Department, and such services shall
19 be given priority.
20
A.
Outside Counsel.
The parties contemplate the
21 continued need for the Department to utilize services of outside
22 special counsel, particularly in wat~r rights matters. The City
23 Attorney and the Department shall jointly determine when the
24 services of outside counsel are required and Department staff
25 shall consult with and obtain the approval of the City Attorney
26 prior to the employment of outside counsel and prior to the
27 assignment of matters to such counsel. . All outside counsel
28 shall keep the City Attorney informed of their work and provide
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1 to the City Attorney copies of any and all correspondence and
2 documents filed in any court on Department matters and any
3 agreements to hire outside counsel shall be required.
4 B. Support Staff. In connection with providing the
5 foregoing services, the City Attorney's office will provide
6 sufficient secretarial, paralegal and investigator support
7 services.
8 C. Data to be Furnished to the City. The following
9 has been and will continue to be furnished by the Department to
10 the City: All records and information pertaining to legal
11 requirements of the Department, including any back-up materials,
12 applicable regulations, correspondence, preliminary drafts of
13 agreements, if any, and any other material pertaining to the
14 Department necessary for the performance of legal services.
15 D. Compensation.
16 (1) Attorney Services. It is anticipated that
17 the services to be supplied by the City Attorney will
18 constitute, on the average, an amount equal to fifty percent
19 (50%) of the time of one Deputy City Attorney
20 (2) Secretarial Services. It is anticipated
21 that the services to be supplied by the Legal Secretary will
22 constitute, on the average, an amount equal to fifty percent
23 (50%) of the time of one Legal Secretary I.
24 (3) Other Support Services. There shall be no
25 charge for paralegal or investigator services.
26 City Attorney services shall be provided to the
27 City of San Bernardino Water Department at a flat annual rate of
28 $80,000.
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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 recruitment and promotions,
approving job descriptions, minimum qualifications, and testing
standards for positions in the Department, and administra ti ve
hearings on discharges and reductions in rank or compensation.
4. EMPLOYEE ASSISTANCE PROGRAM. Department shall pay to
City the actual cost of services to Department's employees of
the Employee Assistance Program. "Actual cost" will be defined
as the hourly rate charged by the Employee Assistance Program
provider, currently $50 per hour.
5. RIDESHARE COORDINATOR.
Department shall pay to City a
the services of its Rideshare
flat
annual rate of $ 3,000 for
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
Reduction Plan and complying with all
implementing a Trip
other AQMD Regulation
requirements;
B. Promoting the Trip ReJuction 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.
6. 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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1 Department, Water Yards, Water Reclamation Plant and RIX Plant,
2 plus a proportionate share of the fixed costs of operations,
3 debt retirement/system hardware, and leased lines, based upon
4 the portion of total telephone ports assigned to the Water
5 Department, Water Yards, Water Reclamation Plant and RIX Plant.
6 7. WORKERS' COMPENSATION ADMINISTRATION. Department
7 shall pay to City for the administration of its Workers'
8 Compensation Program, its proportionate share of the budgeted
9 cost of administration based upon budget payroll costs, provided
10 that the Department provides to the City the budget figures for
11 payroll within a reasonable time after Department's budget is
12 adopted. For any year in which payroll figures are not made
13 available to the City in a timely fashion, the percentage shall
14 be the same as that used for the prior year. For fiscal year
15 2003/2004, this shall be seventeen percent (17%). In addition,
16 the Department shall pay the actual cost of the amount paid out
17 on its claims.
18 8. INFORMATION SERVICES (IS).
19 A. Services. The IS Director will act as a private
20 contractor to provide the Department IS related services as
21 defined in the attached agreement (Exhibit "AU) incorporated
22 herein by reference upon approval by the Board of Water
23 Commissioners and the City of San Bernardino.
24 B. Compensation. The agreed upon cost to provide this
25 serVlce is a flat fee of $373,400.
26 9. TERMS. This Memorandum of Understanding shall terminate as
27 of June 30, 2004, unless terminated by ei ther party at least
28 thirty (30) days prior to July 1, 2004.
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1 MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
3 By and between the City of San Bernardino and the Board of Water
4 Commissions of the City of San Bernardino for the provision of
5 City services for Fiscal Year 2003/2004.
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BOARD OF WATER COMMISSIONERS
c~f)'Q ~()
. . .kA/~.(--t- ~.
'B. Warren Cocke, President
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Date: ~A/11...(
10 z.o03
I
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St~~~ary
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CITY OF SAN BERNARDINO
Date:
Judith Valles, Mayor
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APPROVED AS TO FORM AND
19 LEGAL CONTENT
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ATTEST:
23
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Attorney
Rachel Clark, City Clerk
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1 MASTER SERVICES
2 MEMORANDUM OF UNDERSTANDING
3 By and between the City of San Bernardino and the Board of Water
4 Commissions of the City of San Bernardino for the provision of
5 City services for Fiscal Year 2003/2004.
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BOARD OF WATER COMMISSIONERS
C_~,/) , r1. ~ ()
~11./V'--c/t-- .~.
B. Warren Cocke, Pres~dent
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Date: rtAM-(
10 1./)03
I
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St~~~arY
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CITY OF SAN BERNARDINO
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Date:
Judith Valles, Mayor
APPROVED AS TO FORM AND
19 LEGAL CONTENT
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ATTEST:
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Attorney
Rachel Clark, City Clerk
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"
, .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Vote:
Ayes i -'1
iolkO''', Item #
Nays .0
9
Resolution #
Abstain A
Z(X):-3 - I d -'\
Absent -&-
Meeting Date (Date Adopted):
Change to motion to amend original documents:
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Null/Void After: ~ 10 DPtp I g -,s-03
By: -
..-
Date Sent to Mayor: 1.::.. r'2b-c, ::5
Date of Mayor's Signature: (" \Cj -c) 3
Date of ClerklCDC Signature: (0. ;)(),() 3
Reso. Log Updated:
Seal Impressed:
./
t/"
Da
mo/Letter Sent for Signature:
See Attached:
See Attached:
See Attached:
Date Returned: -
60 Day Reminder Letter day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,,/
Parks & Rec.
EDA
./
Finance
MIS
Code Compliance Dev. Services
Police Public Services Water
Others:
N)rn IN'
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE Contract Term etc.)
Ready to File: _
Date:
Revised 01112/0 I