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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 LZ l �. 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. T , S 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. +r 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 y , r... . ��n�IAPnlNh goo p� 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 rr 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 DCR[Mastsvc.MOU] 3 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 DCR[Mastsvc.MOU) 4