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HomeMy WebLinkAbout1991-06-25; City Council; Resolution 91-198t 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 1 - 1 9 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING AN OPERATING AGREEMENT WITH THE CARLSBAD MUNICIPAL WATER DISTRICT WHEREAS, the Carlsbad Municipal Water District became a subsidiary district o City of Carlsbad on January 1, 1990, and WHEREAS, the subsidiary district formation will create the most efficient and effec method of providing water services within the District’s service area, and WHEREAS, the City Council of the City of Carlsbad desires to make the necer alterations in the City’s stsucture to receive the full benefit of the subsidiary district’s forma NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Carl5 California does hereby approve the Operating Agreement attached as Exhibit A. PASSED, APPROVED AND ADOPTED at the regular meeting of the Carlsbad Council held on June 25, 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, and Stanton NOES: None ABSENT None CLAUDE A. LEWIS, Mayor 1 l2.&73&L &.4WdA ALErHA L. UUTEmRANZ, city clerk fl w a 1 AGREEMENT FOR PERFORMANCE OF OPERATIONAL RESPONSIBILXTI BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD This agreement for the performance of operational responsibilities (hereafter "ope agreement") was entered into this 25th day of June, 1991, between the Carlsbad Municipal District (District) and the City of Carlsbad (City) with respect to the following facts: WHEREAS, the District has become a subsidiary of the City effective January 1, and WHEREAS, this action consolidated the water resource planning efforts for the C service area, and provided for a number of operational efficiencies; and WHEREAS, the District and the City wish to create an integrated water service ope] and WHEREAS, the District and City desire to enter into an agreement calling for thc to provide the administrative services necessary to carry out the functions of the District a City water related activities be reassigned to the District; and WHEREAS, it is the intent of the parties to cooperate fully in completing any executing any documents in order to carry out their desires and to fulfill the purposes c agreement. NOW, THEREFORE, it is agreed between the parties: 1. The District appoints the City as its agent to assume responsibility for the perfon of existing District functions including but not limited to the following items: a. Accounting - Full responsibility for all of the accounting activities of the District be transferred to the City's Finance Department. The accounting functions shall be perforn conformance with current City procedures for enterprise funds and generally accepted accol principles. This transfer of function will also include the reassignment of two District members currently performing these functions to the Finance Department. b. Cash Management - Investment of District funds are to be performed by the Treasurer in accordance with State law and the City's investment policy. As with other ente funds, District funds shall be accounted for separately. Individuals with authority to j District funds will be bonded at a level consistent with current City policies. c. PersonneVHuman Resources - Responsibilities of the City's Human Resc Department shall include compensation and benefit administration, recruitment and emp training for the District. d. Risk Management - This transfer of responsibilities to the City's Risk Manag Department will include but not be limited to safety training, loss prevention, and adminisb of the liability and worker's compensation programs. e e A e. Purchasing - The City’s Purchasing Department will administer the purchasing fur on behalf of the District in accordance with City purchasing rules. f. Inspection - All construction inspection shall be performed by the City’s Engin Department. This change will also require the transfer of two District employees to the ( g. Contract Management - The Engineering Department for the City will also i contract management responsibilities for various District capital project construct determined by the Dishkc, and City Engineer. benefits at their current level. The effective date of the transfer of employment sh h. All employees of the District will become City employees and retain salaric determined by the City Manager upon conclusion of the current meet and confer proce: the Carlsbad City Employees Association. 2. All City water related functions and assets will be reassigned to the District inc but not limited to: a. Water Billing - All water billing activities will be reassigned to the Distric transfer of function will also require the reassignment of two Finance Department emploz the District. b. Meter Reading - All meter reading activities currently being performed by the Utilities/Maintenance Department will be reassigned to the District. This action will requ reassignment of 8 full time City employees to the District. c. Assets - All of the City’s physical assets that are associated with these fun transfers will become assets of the District. d. The employment status of any City employee reassigned to the perform semi the District will remain unchanged. The Board of Directors and City Council may revise the list of items as future events c Determination of the specific units reassigned to the District shall be the responsibility of tl Manager in a manner consistent with Carlsbad Municipal Code Section 2.12.035(d). The of the functional transfers outlined in this agreement shall be performed on or about July 1 as determined by the specific operating groups. 3. The District will reimburse the City for all expenses necessary to perfo obligations under this agreement. This shall be completed through an accounting system structured in a manner consistent with other City enterprise funds and the City’s cost accc policies and procedures. 4. Term. The term of this agreement shall commence upon its approval by the res1 legislative bodies of the City and District and shall continue unless terminated as provided paragraph. In order for this agreement to be terminated, one legislative body shall give nc the other legislative body at least ninety (90) days before any anniversary date. It is the of the parties that the minimum time for termination of this agreement shall be one (1) yc ninety (90) days. 9 e @ IN WITNESS HEREOF, the parties have executed this agreement by their officers t duly authorized as of the date and year first written above. CARLSBA -MU CIPALWA DISTRICT BY. /$Jl:Ar A DE A. L IS, P-kESIDENT 49 B APPROVED AS TO FORM: ATTEST: VINCENT F. BIONDO, JR. - AL*LL$*\ City Clerk D 6/zg/fl- City Attorney