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HomeMy WebLinkAbout1979-05-29; City Council; Resolution 57861 2 3 4 5 6 7 E 9 ZC 11 12 12 11 1: 1( 1: 1f 1$ 2( 2: 2: 2; 2L 2! 2t 2' 2l RESOLUTION NO. 5786 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE ELEVENTH SUPPLEMENT TO THE BASIC AGREEMENT FOR THE ENCINA JOINT SEWER SYSTEM TO PROVIDE THAT LEUCADIA COUNTY WATER DISTRICT RE- COME OPERATOR AND ADMINISTRATOR OF SAID SYSTEM WHEREAS, the Vista Sanitation District, City of Carlsbad, Leucadia County Water District, San Marcos County Water District, Buena Sanitation District and Encinitas Sanitary District are par- ties to a Joint Powers Agreement which provides for the operation and maintenance of a joint sewer system commonly known as the Encina Water Pollution Control Facility; and WHEREAS, pursuant to the Basic Joint Powers Agreement, as amended and supplemented, on August 3, 1965, the parties hereto entered into an agreement with the County of San Diego wherein and whereby said County agreed to become the operator of said system and to operate and maintain same for a period of two (2) years from commencement of operation of said sewer system; and WHEREAS, more than two (2) years have passed since the joint sewer commenced operation and the County has continued to operate and maintain said joint system by the mutual consent of all enti- ties owning an interest in said system; and WHEREAS, the Basic Agreement for the said joint sewer system designated the City of Carlsbad as administrator of the contract between the County and the parties to the agreement and required said City to perform additional administrative functions; and WHEREAS, it is the desire of the County of San Diego and all parties to the Basic Agreement that the services of said County be terminated; and 1 2 3 4 5 6 7 8 9 10 11 12 12 14 1: le 1'; 1E 1< 2( 21 2; 22 24 25 2E 27 2E WHEREAS, all parties to the Basic Agreement desire that Leucadia County Water District become the operator of the Encina joint sewer system and thereby become the operator and adminis- trator of said system; and WHEREAS, there has been presented to and unanimously approve1 by the Joint Advisory Committee of the parties to the Basic Agree- ment a proposed Eleventh Supplement to the Basic Agreement whereby Leucadia County Water District would become the operator and admin istrator of the joint system; NOW, THERFORE, BE IT RESOLVED by the City Council as follows 1. That the City of Carlsbad does hereby approve and agree to the Eleventh Supplement to the Basic Agreement, a copy of which is attached hereto and by this reference incorporated herein. 2. That the Mayor of the City of Carlsbad is hereby author- ized and directed to execute on behalf of the City of Carlsbad the Eleventh Supplement to the Basic Agreement to provide that Leucadi County Water District becomes operator and administrator of the joint sewer system. PASSED, APPROVED AND ADOPTED by the City Council of the City adjourned of Carlsbad at an/regular meeting held the 29th day of May 1979, by the following vote, to wit: AYES: NOES: None ABSENT : Mayor Packard Councilmen Lewis, Anear and Skotnicki Councilman Cas1 er AT T:E S T : (SEAL) -L- ELEVENTH. SUPPLEMENT TO BASIC AGREEMENT PROVIDING THAT LEUCADIA COUNTY WATER DISTRICT BE . OPERATOR AND ADMINISTRATOR This agreement'is made and entered into as of the day , 1979, by and among the Leucadia County Water Dis- of trict and Vjista Sanitation District ("VISTA"), the City of Carls- bad ("CARLSBAD") , Buena Sanitation District ("BUEPJA") San Marcos County Water District ( "SAN MARCOS") , and Encinitas Sanitary Dis- trict ("ENCINITAS") who are hereafter sometimes referred to coll- - ectively as "owners''. A. On July 13, 1961, VISTA and CARLSBAD entered into an agreement for acquisition and construction of a joint sewer system presently known as the Encina Water Pollution Control Facility, and WHEREAS, the aforesaid agreement is herein referred to B. By virtue of amendments and supplements to the said Basic Agreement all parties -hereto have &.come parties to said Basic Agreement, as supplemented and amended; and f C. The aforesaid Basic Agreement as amended and supplemen- ted provides for the establishment, construction, operation and maintenance of facilities for the transmission, treatment and disposal of sewage which facilities shall comprise a single system of sanitation works referred to in said Basic Agreement and herein- after as the Joint System; and . -1- *. D. !Section 17 of said Basic Agreement provides that the Joint System shall be maintained and operated by an independent contractor employed by-VISTA, CARLSBAD, and BUENA, jointly, which said independent contractor shall be known as the "operator", and further proviies that VISTA, CARLSBAD and BUENA shall jointly contract w4th the County as operator for the operation and main- tenance of the Joint System for a period of two (2) years from and after the commencement r of operation of the Joint System; and CARLSBAD as the "administrator to,carry out the duties of admin- istration specified in said section 17.1"; and E. Section 17.1 of the said Basic Agreement designates ., By written agreement dated August 3, 1965, the parties hereto entered into an agrkement entitled AGREEMENT BETWEEN COUNTY' OF SAN DIEGO and CITY OF CARLSBAD, VISTA SANITATION DISTRICT and BUENA SANITATION DISTRICT FOR THE OPERATION OF THE JO1NT"SYSTEM: and ' G. The County of San Diego at all times since on or about August 3, 1965, has been and still is the operator of the Joint System as provided for in the ayreenent of said date; and M. The-parties hereto have entered into a Seventh Supple- for enlargement of the Joint Systems and said enlargement is designated as phase 111 emlargement; and .* I. The aforesaid phase I11 is and will be for many months in progresso and J. Section 2 of the Seventh Supplement designates VISTA as the "administrator" of phase I11 enlargement authorized to contract fOK engineering services ar_d to prepare and file on behalf of the parties appropriate applications and other docu- -2- -_ -- e 0 . I, 1 # in lieu and in place of the County and CARLSBAD, <-respecklvely, as of July 1, 1979, and shall hereafter be designated as ”operator”. Said operator shall perform t=he following services: (a) Manage, maintain and operate the Joint System preserve it in good repair and working order in accordance with recopized sound engine- ering practices. onstruct or cause to be r ns of the floint System as shall be ordered by parties to this agreement jointly, or in the ed such POT- discretion of Leucadia when an emergency arises . and such reconstruction is immediately required . to permit the Joint System to continue to function; I .. .- ~ rovided, however, at such time as Leucadia is rdered to reconstruct or cause to be reconstruc- ed any portion of the Joint System Leucadia may equire that before it undertakes such reconstru- on the estimated cost of such reconstruction deposited in trust with Leucadia f eucadia in paying of costs of such reconstructioi Measure and keep accurate records of the measure- (c) ? ’ ments of sewage flow that may be required by the . majority vote of the Joint Advisory Committee. (d) Take periodic measurements as directed by the majority vote of the Joint Advisory Committee sufficient to ascertain the amount of sewage dev oped and originating within the limits of each party to the Basic Agreement and discharged into tl ___2_____ 0 \' 0 &int Systerr! and th6 total a"t of sewage developed and originating within the limits of all parties and discharged into the Joint System, Administer the disposition of sludge from the treatment plant in accordance with Section 28 of the Basic Agreement. or other byproduct arising out of operation of the Joint System is sold, such sale shall be admin- istered by the Operator and the proceeds thereof apportioned as required by said Section 28. Provide supplies and clerical and secretarial services and engineering advice to the Joint Advisory Committee referred to in said Basic Agreement and engineering to the parties to the Basic Agreement incidental to the operation and maintenance of the Joint System. Prepare and submit annually to the parties to this agreement a budget estimating the amount of moneys necessary to operate and maintain the Joint System as hereinafter set forth: Cause to be made an annual audit at the end of each fiscal year of all tie .* accounts of Leucadia by . If any sludge, fertilizer \ (f) I .. . .. a, . an independent and duly licensed auditing firm and submit copies of said audit to each party hereto within thirty (30) days after completion of such . audit to insure that bills submitted . to all parties hereto are accurate ., Pay itself out of funds deposited with it by all I a (i)' 3. I( the parties hereto. .. * , -5- .- c ,. - - L - - - ___ - __ . __ - (2) all contracts - - -. __ - - -- maintenance of the- treatment . --_ . -__ _- _- I __ -_. -___ __~ _____ - - .. -_ *- -. - ___ __ the performance of any work-incid- .- r .- - ___ -_ _- .- .. *--_ - - -___ th.e ~aIaries-'-' - -- . ental to providing such -service; ---- <: .-_ . ~. ~ - .--i- -r- I- .i.. :. compensation, social - security and retirement payments and -- I -6- , .. . , .. . ... . , **a 0 'r,,alth insurance, plus a cverhead charge. S~ch costs of operation and maintenance and reconstruction shzrll be paid by the parties to this agreement and the Basic Agreement in the proportions established by the Basic Agreement as heretafore modified and supple- mented and shall be paid out of the funds deposited with Leucadia by the parties to this agreement in accordance with the terms of said Basic Agreement as heretofore supplemented and modified; provided, however, the failure of any party'to pay Leucadia shall not relieve the other parties to this agreement or the Basic Agree- -merit of their obligation to pay their proportionate shares of maintenance and operation of the Joint Syst or the recons4ruction of any portion thereof. - SECTION 4: Leucadia shall submit its bill to the Joint Advisory Committee quarterly in advance for -the services . - rendered pursuant to this agreement and the bill shall e promptly paid as herein provided upon unanimous pprovai of the Joint Advisory Committee; provided however, the Joint Advisory Committee shall have no . ..'authority to approve any expenditure that has not been provided for in the Budget adopted by the governing ' bodies of the parties hereto. Any bill submitted by Leucadia containing any non-budgeted items that affect all the parties hereto must have prior approval of all the governing bodies of.the parties hereto before pay- . ment thereof; provided, however, in the event that Leucadia submits to the Joint Advisory any statement of changes containing any non-budgeted items that affect less than all the parties hereto, then and in that event such -7- .. .. .. I. .. .. ^. 1-3 * non-budgeted items must have prior approval of the govern-. . ing bodies of the affected parties before payment is made. Leucadia agrees to employ as many of the employees - SECTION 5: of the County of San Diego presently assigned to, and work at the Encina Water Pollution Control Facilities, as ' are willing to terminate their respective employment with said County and become employed by Leucadia. SECTION 6: Except as otherwise authorized by a majority vote \ of the Joint Advisory Committee, all persons who are ,. employed by Leucadia for the purpose of performing services at the Encina Water Pollution Control1 Facilities, shall ' . perform services that relate exclusively to the operation and maintenancd of the Joint System, in the event of emergencies which so demand, -.personnel Provided, however, .. . employed by Leucadia for work non-related to the Encina :Water Pollution Control Facility and plant personnel may *. . . _. be temporarily reassigned'in order to resolve such emer- gencies; provided however, ifi the event that any personnel assigned to work at the Encina Water Pollution Control I Facility are utilized by Leucadia for work non-related ._ to the Joint System, Leucadia shall keep accurate records of such utilization and shall assume, pay and hold all parties free and harmless from any and all costs and expenses which are non-related to the operation and maintenance of the Encina Water kollution Control Facility. I SECTION 7: Within thirty (30) days after the approval and adoption by all the governing bodies of a budget for the Encina Water Pollution Control Facilities for the ensuing fiscal year, Leucadia shall submit to the Joint Advisory , Committee the proposed staffing of the Encina Water Pol- lution Control Facility during said fiscal year. Provided said proposed staffing is within the approved budget, such proposed staffing may be approved by the members of , lution Control Facilityo SECTION 11: This agreement may be terminated by Leucadia I.. . . .. provided Leucadia gives to all parties hereto written - notice no less than 120 days, and not more than 180 days, prior to the date that such termination shall become .I ._. ,I .. . ., -9- . 4'. .' ' , . . .. . i , , - -. __ _- c--- - - - .- _- _- - - -- Writterr-EofisGt-of -a 'nia ity of the parties hereto, and 5-===an~~peratof-named to replace Leucadia shall. require the -- - - __- - _-- -I= - = .-L c- -- r - _- --- _____ - -. ___-_ _- I- --------- -__ - - - __, --- -.: ... __ -- __ . .. - , ____, -___ - - - . - - - .. .. rite& '~cons:ent F0.f a- .-maj ty of the parties hereto. . . _- - - - -- --- - SECTION -13:' In t&e e-vent Xhdt-Leucadia is replaced by any - -- - _Cr_ -- - - __ __ __ - - - -- - - - _-- - -6neL-&f the parties hereto;-or replaced by any other :public agency;- any agreement eri Yeplacement agency- shall-requirk that such agency Binp1oy;all'personnel that- are then employed by Leucadia and'are assigned to perform full-time duties at the _. ____-- ed into with suc - _" -- -- ___ --- - - I __ - - -- _. - . --- -- - __ - _- Encina Water Pollution Control Facility. _- 4 SECTION 14: - -As- used in this-agreement Encina 'Water Pollution I - - __ .- - . - -Control Facility shall mean the Joint System and said -___ __ - - - _- - - - - I- _- __ Joint System shall mean the Encina Water -Pollution .- ., .. . . -. . -. , -. rI ~ C!:on€rol Facilities. - - -- - SEC-TION 15: The -operator shall pay e - ___._ --- the Joi-Gt- Advisory Committee, cor 'the altern a3tends a meeting b reason of the orary absence o - - .._. -- - __. __ - - -*--- ,I- d-representative) an at-tendance-fe enty Five -_ ____- - * Dollars ($25-.00) for each- meeting of the-Joint Advisor Committee attended, provided that m payable hereunder to-any one person if Fifty Dollars ($50.00) for each calendar month, help furnished the Joint Advisory Committee by the ~ _- --. _- - .-- The cost of any supplies and -- -. __ 2 - -- - -operator and -any attendance fees shall constitute a part -- ._ .. of -the total -expenses-of maintaining and operating the -- _- - I , JcE6t -Systek-and shall-, be paid as hereinabove provided forz;-t-h@ payment of operation and'maintenance costs of -_ ~ __ - -r\-- _- - thk: %facia Joint System. '. i . ,I SECTION 16: Anything to the contrary herein notcgithstanding , ISTA shall remain the sole and exclusive administrator the Phase I11 Enlargement project as provided for in Supplement to this Basic Agreement. : 130 provision of this agreement shall be construed to detract from the powers, duties and functions of the ry Committee as set forth in section seven (7 upplement to the Basic Agreement. SECTION 18: Each report and recommendation of the Joint Advisory Committee permitted by Section 7 of the Seventh Supplement to the Basic Agreement shall be considered s having been made by all parties hereto when made the operator by said committee upon a majority .. I vote f said committee based upon-the voting rights of each -. member of the committee as follows: "The total vote of al1,members ittee shall be 100%. When voting on a matter involving the treatment plant (Unit I) or the Ocean Outfall (Unit J) each member shall have a percen ge of vote equal .to one-half (4) of the percentage of apacity of the party he represents in the unit involved. Where a representative of a party to this Agreement is temporarily absent, his alterna,te shall cast the vote of the absent representative " - SECTION 19: This agreement may be executed in counterparts, and upon its'execution thereof by the parties hereto, *.- each such counterpart shall be deemed to be an original. s XN WITNESS WHEREOF, each party hereto, pursuant to the resolution passed and adopted by the respective governinq body has . caused this Eleventh Supplemental Agreement to be executed on the I. ,, -11- .. ... . _. 1. . . :-;I .... .. . .. . , : , ; .,. i. . .. , ,. . '. . . .. .. . . .:. ... . . .. .. . . I. .. . .. ._ . ,. ,. . .. .. , . : .. .. -. :. . . :,:. . ._,; 3 1.. , . .... ... . , :. .. .., . . .. .. ., . .. : ... 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