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HomeMy WebLinkAboutVista Sanitation District & Buena Sanitation District / County of San Diego; 1965-08-03; 3135-5480-E/R*% *,- O? SAM AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OP CARLSBAD, VISTA SANITATION '48Q-E/R' DISTRICT AND BUENA SANITATION DISTRICT FOR THE OPERATION OF THE JOINT SYSTEM :;« contract! THIS AGREEMENT (hereinafter sometimes referred to as the "Operation Agreement") made and entered into this ^__Tday of > 1965, by and between VISTA SANITATION DISTRICT, a County Sanitation District (sometimes hereinafter referred to as VISTA), CITY OF CARLSBAD, a municipal corporation (sometimes hereinafter referred to as CARLSBAD ); the BUENA SANITATION DISTRICT, a County Sanitation District (sometimes hereinafter referred to as BUENA) and the COUNTY OF SAN DIEGO (sometimes hereinafter referred to as COUNTY or OPERATOR) ; WITlESSETHs WHEREAS, Vista, Carlsbad and Buena have entered into an agreement dated July 13* 19&1 entitled Basie Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System which agreement has been amended, supplemented and modified (which agreement as amended, supplemented and modified is hereinafter referred to as the Basic Agreement) 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 here- inafter as the Joint System^ and WHEREAS, 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 VJG -3 1965 >»» said independent contractor shall be known as the "Operator"; and further provides that Vista, Carlsbad and Buena shall jointly contract with the County as Operator for the operation and main- tenance of the Joint System for a period of two years from and after the commencement of operation of the Joint System; and WHEREAS, Carlsbad is designated by Section 17.1 of the Basic Agreement as "Administrator" to carry out the duties of Administrator specified in said Section 17.1; and WHEREAS, it is the desire of the parties to execute a con- tract to carry out the terms of said Section 17; NOW THEREFORE IT IS AGREED by and between the parties hereto as follows: 1. This contract is one for the joint exercise of powers pursuant to Chapter 5> Division 7, Title 1 of the Government Code. 2. The County, acting through its Department of Special District Services, shall be the Operator of the Joint System pursuant to Section 17 of the Basic Agreement and perform the following services: (a) Maintain and operate the Joint System and preserve it in good repair and working order all in accord- ance with recognized sound engineering practices. (b) Reconstruct or cause to be reconstructed such portions of the Joint System as shall be ordered by Carlsbad, Vista and Buena jointly, or by the Administrator when an emergency arises and such reconstruction is immed- idately required to permit the Joint System to con- tinue to function; provided, however, at such time as the County is ordered to reconstruct or cause to be -2- reconstructed any portion of the Joint System the County may require that before it undertakes such reconstruction the estimated cost of such reconstruc- tion be deposited in trust with the County for use by the County in paying of costs of such reconstruction. (c) Measure and keep accurate records of the measure- ments of sewage flow that may be required by the Basic Agreement or by the Administrator. (d) Take periodic measurements as directed by the Administrator sufficient to ascertain the amount of sewage developed and originating within the limits of each party to the Basic Agreement and discharged into the Joint System and the total amount of sewage developed and originating within the limits of all parties and discharged into the Joint System. (e) Administer the disposition of sludge from the treat- ment plant in accordance with Section 28 of the Basic Agreement. If any sludge, fertilizer or other byproduct arising out of operation of the Joint System is sold, such sale shall be administered by the Operator and the proceeds thereof apportioned as required by said Section 28. (f) Provide clerical and secretarial services and engineering advice to the Joint Advisory Committee referred to in said Basic Agreement and engineering advice to the Administrator and parties to the Basic -3- w Agreement incidental to the operation and maintenance of the Joint System. 3. The Operator shall be strictly accountable for all funds received and shall maintain accurate records and accounts of all receipts and disbursements and expenses incurred in connection with the operation and maintenance of the Joint System, any ordered reconstruction and any other services performed pursuant to this agreement. These records and accounts and the records of measurement of sewage flow shall be available for inspection at all reasonable times by any party to this agreement. 4. The cost of all services rendered by the County pursuant to this agreement, except reconstruction, shall be considered a part of the expense of maintaining and operating the Joint System. 5- (a) In consideration of the services performed by the County pursuant to this agreement the parties to this agreement and the Basic Agreement shall pay to the County the County's actual costs of providing such services. Such costs shall include the actual costs of (1) all materials and supplies used or pur- chased and stored at the treatment plant providing such servicej (2) all contracts let by the County for the performance of any work incidental to providing such service; and (3) the salaries and wages of all County employees providing such services, in- cluding vacation and sick leave benefits, workmen's compensation, social security and retirement payments and health insurance, plus a departmental overhead charge. Such cost of operation and maintenance and reconstruction shall be paid by the parties to this agreement and the Basic Agreement in the proportions established by the Basic Agreement and shall be paid by the Administrator out of the funds deposited with the Administrator by the parties to the Basic Agreement in accordance with the terms of said Basic Agreement$ provided, however, the failure of the Administrator to pay the County shall not relieve the other parties to this agreement or the Basic Agreement of their obligation to pay their proportionate shares of maintenance and operation of the Joint System or the reconstruction of any por- tion thereof. (b) The County shall bill the Administrator quarterly for the services rendered pursuant to this agreement and the bill shall be promptly paid. IN WITNESS WHEREOF, each party hereto has, pursuant to resolution duly passed and adopted by its respective governing body, caused this Operation Agreement to be executed the date first above written. ^**-'"•••»», qdtjNJTY^bjF SAN DnjE^O ~Btf^a> a./)Approved by the Board of Supervisors of the County of San Diego AUG 3 1906 UHA.LKMA*!, tsuAKITOF SUPERVISORS CITY OF CARLSBAD By Clerk of the Board of VISTA SANITATION DISTRICT By RGB:DBW:kg 7/28/65 APPROVED BY THE DISTRICT BOARD OF DIRECTORS AUG 3 1965 CHAIRMAN,. BOAHD OF DlSKCTOHS GttfiK OF IHS PISIRIcr BOARD Of DIRECTORS