HomeMy WebLinkAbout1991-06-25; Municipal Water District; Resolution 741.,. . ll 0 0
1
RESOLUTION NO. 741
1 RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT 2 APPROVING AN OPERATING AGREEMENT WITH THE CITY OF CARLSl
3
4
5 WHEREAS, the Carlsbad Municipal Water Distxict became a subsidiary di:
6 City of Carlsbad on January 1, 1990, and
7 WHEREAS, the subsidiary district formation will create the most efficient ar
8
9
method of providing water services within the District’s service area, and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water Distric
Io 11 make the necessary alterations in the District’s structure to receive the full ben
11 II
12 I1 subsidiary district’s formation.
I 13 NOW, THEREFORE BE IT RESOLVED that the Board of Directors of th
14 Municipal Water District does hereby approve the Operating Agreement attached as
15 PASSED, APPROVED AND ADOPTED at the meeting of the Carlsbad Munic
l6 District held on June 25, 1991, by the following vote, to wit:
17
18
19
AYES: Board Members Lewis, Kulchin, Larson, and Stantc
NOES: None
20 I1 ABSENT Board Member Nygaard
21 II
22
23
24 CLAUDE A. LEWIS, President I 26
25 &d! Jp& /- 1
27 ALETHA L. RAUTENKRANZ, Secretary
28
0 0
1 AGREEMENT FOR PERFORMANCE OF OPERATIONAL RESPONSIBI
BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND
CITY OF CARLSBAD
This agreement for the performance of operational responsibilities (hereafte;
agreement”) was entered into this 25th day of June, 1991, between the Carlsbad Munj
District (District) and the City of Carlsbad (City) with respect to the following fact
WHEREAS, the District has become a subsidiary of the City effective Janua
and
WHEREAS, this action consolidated the water resource planning efforts for
service asea, and provided for a number of operational efficiencies; and
WHEREAS, the District and the City wish to create an integrated water servicl
and
WHEREAS, the District and City desire to enter into an agreement calling j
to provide the administrative services necessary to cany out the functions of the Dis
City water related activities be reassigned to the District; and
1 WHEREAS, it is the intent of the parties to cooperate fully in completing
executing any documents in order to carry out their desires and to fulfill the purpc
agreement.
NOW, THEREFORE, it is agreed between the parties:
1. The District appoints the City as its agent to assume responsibility for the p
of existing District functions including but not limited to the following items:
a. Accounting - Full responsibility for all of the accounting activities of the D
be transferred to the City’s Finance Department. The accounting functions shall be pr
conformance with current City procedures for enterprise funds and generally accepted
principles. This transfer of function will also include the reassignment of two D
members currently performing these functions to the Finance Department.
b. Cash Management - Investment of District funds are to be performed 1:
Treasurer in accordance with State law and the City’s investment policy. As with othej
funds, District funds shall be accounted for separately. Individuals with authorit!
District funds will be bonded at a level consistent with current City policies.
I c. PersonneVEluman Resources - Responsibilities of the City’s Human
Department shall include compensation and benefit administration, recruitment and
training for the District.
d. Risk Management - This transfer of responsibilities to the City’s Risk M
Department will include but not be limited to safety training, loss prevention, and adn
of the liability and worker’s compensation programs.
I
I
I
0 0
e. Purchasing - The City’s Purchasing Department will administer the purchasi:
on behalf of the District in accordance with City purchasing rules.
f. Inspection - All construction inspection shall be performed by the City’s
Department. This change will also require the transfer of two District employees tc
g. Contract Management - The Engineering Department for the City will i
contract management responsibilities for various District capital project con:
determined by the District and City Engineer.
h. All employees of the District will become City employees and retain
benefits at their current level. The effective date of the transfer of employmc
determined by the City Manager upon conclusion of the current meet and confer I
the Carlsbad City Employees Association.
2. All City water related functions and assets will be reassigned to the Distti
but not limited to:
a. Water Billing - All water billing activities will be reassigned to the D
transfer of function will also require the reassignment of two Finance Department e1
the District.
b. Meter Reading - All meter reading activities currently being performed b
UtilitiesMaintenance Department will be reassigned to the District. This action will
reassignment of 8 full time City employees to the District.
c. Assets - All of the City’s physical assets that are associated with thest
transfers will become assets of the District.
d. The employment status of any City employee reassigned to the perform
the District will remain unchanged.
The Board of Directors and City Council may revise the list of items as future evt
Determination of the specific units reassigned to the District shall be the responsibility
Manager in a manner consistent with Carlsbad Municipal Code Section 2.12.035(d).
of the functional transfers outlined in this agreement shall be performed on or about JI
as determined by the specific operating groups.
3. The District will reimburse the City for all expenses necessary to 1
obligations under this agreement. This shall be completed through an accounting sy!
structured in a manner consistent with other City enterprise funds and the City’s cost
policies and procedures.
4. Term. The term of this agreement shall commence upon its approval by tht
legislative bodies of the City and District and shall continue unless terminated as prow
paragraph. In order for this agreement to be terminated, one legislative body shall gi-
the other legislative body at least ninety (90) days before any anniversary date. It i
of the parties that the minimum time for termination of this agreement shall be one (
ninety (90) days.
e a
I IN WITNESS HEREOF, the parties have executed this agreement by their offi
duly authorized as of the date and year fist written above.
u APPROVED AS TO FORM: ATTEST:
VINCENT F. BIONDO, JR. & AL*2iT%z?-,
City Attorney L/U/qJ - City Clerk
I
I