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- REQUEST FOR COUNCIL ACTION
From:
Fred Wilson
Assistant City Administrator
Subject: Master Services Agreement
with Water Department for FY96/97
Dept:
Date:
O/iIGiiiAJ.
Synopsis of Previous Council action:
5/20/96 -- Resolution *96-136 approved for Master Services Agreement
with Water Dept. for FY 95/96
Recommended motion:
Adopt resolution.
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Contact person:
Barbara Pachon/Fred Wilson
Phone: 5242/5122
/
Supporting data attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.)
IAcct. DescriPtion)
Finance:
Council Notes:
Res 96- ';<CJ7
75-0262
Agenda Item No.
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STAFF REPORT
On July 15, 1996, the Mayor and Common Council adopted the final
resolution approving the FY 96/97 Budget. Included in the final FY
96/97 Budget, were various fees and revenues to be collected from
the Water Department for services provided to them by the city.
Attached is the Master Services MOU which formalizes the items
approved in the city's FY 96/97 Budget with the Water Department.
This MOU was adopted by the Board of Water Commissioners on August
20, 1996.
It is recommended that the attached resolution be adopted.
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15 a. outside Counsel. The parties contemplate the continued
16 need for the Department to utilize services of outside special
17 counsel, particularly in water right matters. The City Attorney
18 and Department shall jointly determine when the services of outside
19 counsel are required and Department staff shall consult with and
20 obtain the approval of the City Attorney prior to the employment of
21 outside counsel and prior to the assignment of matters to such
22 counsel. All outside counsel shall keep the city Attorney informed
23 of their work and provide to the City Attorney copies of any and
24 all correspondence and documents filed in any court on Department
25 matters and any agreements to hire outside counsel shall so
26 require.
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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 (IICi~yll), 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.
2. citv Attornev. 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.
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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 citv. 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 material pertaining to the Department necessary for the
performance of legal services.
d. Compensation.
i. Attornev 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.
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ii. Secretarial Services. Department will pay City for
egal secretarial services at the rate of fifty percent ,(50t) of
he actual cost of salary and fringe benefits of a Legal Secretary
The rate charged shall be adjusted automatically if the salary
nd fringe benefits of the Legal Secretary I are modified by the
ity. City shall provide the Department an invoice for payment
overing the payroll and fringe benefits expenses of the Legal
ecretary I on a regular basis.
iii. other Support Services. There shall be no charge
or paralegal or investigator services.
3. civil Service. Department shall pay to City for services
f its Chief Examiner and for civil Service Administration an
14 nnual flat fee of $45,000. Typical services shall include, but
ot be limited to, testing and certifying eligible employees for
utside recruitments and promotions; approving job descriptions,
inimum qualifications, and testing standards for positions in the
epartment; and administrative hearings on discharges and
eductions in rank or compensation.
4.
Emplovees Assistance Proaram.
Department shall pay to
ity the actual cost of services to Department's employees of the
mployees Assistance Program.
S. Geoaraphical Information Svstem. CGISI.
a. Services. City, through its Management Information
Division, shall provide GIS services for Department,
'ncluding receiving and analyzing data, and generation of various
These services may be requested on the MIS Service Request
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MEMORANDUM OF UNDERSTANDING WITH BOARD OF WATER COMMISSIONERS
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Program, its proportionate share of the budgeted cost of
administration based upon budget payroll costs, provided that the
Department provides to City the budget figures for payroil 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 1996/97, 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
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16 ATTEST:
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of June 30, 1997.
DATED:
BOARD OF WATER COMMISSIONERS
By
Harold Willis, President
Marjorie A. Hoverland, Secretary
DATED:
CITY OF SAN BERNARDINO
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By
Tom Minor, Mayor
23 ATTEST:
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25 Rachel Clark, city Clerk
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Approved as to form and legal content:
JAMESLF. PENMAN, City Attorney
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By ,t~
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