1987-30 San Elijo Maintenance
RESOWTION NG., 87-30
. RESOWTION OF THE BOARD OF DIRECTORS
CARDIFF SANITATION DISTRICT
APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO
FOR MAINTENANCE AND OPERATION OF THE DISTRICT AND SAN ELIJO
WATER POLWTION CONTROL FACILITY
WHEREAS, the Cardiff Sanitation District is responsible for
the operation and maintenance of sanitary sewer pipeline, pump
stations and appurtenant facilities; and
WHEREAS, pursuant to a joint powers agreement with the
Solana Beach Sanitation District, the Cardiff Sanitation District
is responsible for the operation and maintenance of the San Elijo
Water Pollution Control Facility; and
. WHEREAS, the National Pollutant Discharge Elimination Permit
(NPDES) requires State of California certification for Waste
Water Treatment; and
WHEREAS, the Regional Water Quality Control Board requires
certification for Industrial Waste Pretreatment program; and
WHEREAS, the County of San Diego presently has an
experienced staff trained and certified to operate sewage
treatment plants, sewage disposal systems, sanitary chemical
laboratories and a mandated industrial user pretreatment program
while the Cardiff Sanitation District does not have such at
staff; now therefore
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BE IT RESOLVED, that the Bóard'of Directors of the Cardiff
. Sanitation District hereby approves the attached agreement with
the County of San Diego and hereby authorizes the District
Manager to execute on behalf of the District said agreement.
ADOPTED this 1st day of July , 1987 by the
following vote, to wit:
AYES: Board Members Gaines, Luke, Shea, Steel
NAYS: None
ABSENT: Omsted
Shea, Chairman of
Sanitation District
. A'rl'EST:
-r
E. Jan I the Board
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AGREEMENT
BETWEEN COUNTY OF SAN DIEGO
/8 AND
CARDIFF SANITATION DISTRICT
EMPOWERING COUNTY TO PERFORM SERVICES FOR
SANITATION DISTRICT
This agreement is entered into this , c::+- day of JulY ,
19-8.1t by and between the COUNTY OF SAN DIEGO, a political
subdivision of the State of California, hereinafter referred to
as the county, and the CARDIFF SANITATION DISTRICT, a county
sanitation district, hereinafter referred to as the District.
WITNESSETH:
WHEREAS, the county and the District are authorized by
Government Code section 25825 and Health and Safety Code section
4741, respectively, to construct, operate, maintain, and repair
sewage disposal systems within their respective boundaries; and
. WHEREAS, section 6500, et seq., Government Code, authorize
the County and the District, by agreement entered into
respectively by them, jointly to exercise any power or powers
common to them both; and
WHEREAS, the county presently has an experienced staff
trained to operate sewage treatment plants, sewage disposal
systems, sanitary chemical laboratories, and a mandated
industrial user pretreatment program while the District does not
have such a staff; NOW THEREFORE
The county and the District hereby agree as follows:
1. Whenever the term "Cardiff Sanitation District" or
"District" is used herein, it shall mean the Board of
Directors of the Cardiff Sanitation District, a county
sanitation district, acting for and on behalf of the
Cardiff Sanitation District. Acts to be performed by
.. the Cardiff Sanitation District shall be accompl ished
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by such agents or representatives (herein or hereafter
designated) of the District as are or may be from time
. to time authorized by the Board of Directors.
2. Whenever the term "County of San Diego" or "county" is
used herein, it shall mean the Board of Supervisors of
the County of San Diego acting for and on behalf of the
County of San Diego. Acts to be performed by the
County of San Diego shall be accomplished by such
agents or representatives (herein or hereafter
d.signated) of the County as are or may from time to
time be authorized by the Board of supervisors.
3. As used herein, the term "shall" shall be mandatory;
the term "may" shall be permissive.
4. The city Manager of the City of Encinitas is hereby
empowered to act as District Manager of the District
unless some other person is appointed manager by the
Board of Directors of the District.
5. The Director of Department of Public Works of the city
of Encinitas is hereby empowered to act as Engineer of
the District unless some other person is appointed
Engineer by the Board of Directors.
6. The County, upon request or direction of the District,
may prepare any reports ordered by the District
. pursuant to section 4748 of the Health and Safety Code
or other provision of the County sani tation District
Act or other law.
7. The County, upon request or direction of the District,
may prepare plans, specifications, contract documents,
and do all other things necessary for or incidental to
the preparation for the construction of a sanitary
sewer system including sewage treatment plants, sewer
lines, and all things appurtenant or incidental
thereto, and, for that purpose, may conduct preliminary
negotiations with other persons and public agencies
which may be concerned in such construction and may
employ experts, consultants and other persons and
corporations to facilitate the preparation of such
plans and specifications.
8. The county, upon request or direction of the District,
may perform all services necessary or convenient to
acquire for the District by gift, purchase,
condemnation or otherwise, any real property including
leases and rights of way, any permits and any personal
property, and may employ experts, consultants, and
other persons and corporations to facilitate the
performance of such services.
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9. The County Purchasingl. Agent, when requested by the
District, is authorized to make purchases and engage
. independent contractors to perform sundry services on
behalf of the District and to cause said purchases and
services to be paid for out of the District's funds.
10. The County upon request or direction of the District,
may supervise the performance of any construction
contracts awarded by the District.
11. The County is hereby empowered, subject to direction of
the District's governing board, to prepare District's
budget, to operate, maintain and repair the San Elijo
Water Pollution Control Facility and the sanitary sewer
system of the District now in existence or hereafter
constructed. The County shall present to the District
Manager every 4 weeks, a schedule of work planned, and
the estimated costs therefore. After approved by the
Manager, the work performed for that 4 week period, and
actual costs therefor shall be reported to the Manager.
12. The County upon request or direction by the District
may construct extensions and/or additions to the
treatment plant and/ or sewer lines of the District
and/or to make connections and install laterals to said
sewer lines and to do all work incidental thereto,
provided the cost of such work shall not exceed the
. limitations specified in the provisions of the
Government Code applicable to construction of public
works by the County.
13. In making connections to the District's sewers and
installing sewer laterals connected to the District's
sewers, the County, through its Department of Planning
and Land Use, shall collect the fees for such services
prescribed by the governing board of the District by
existing or future District ordinances. The County
shall retain said fees and shall apply said fees in
payment of the actual costs incurred by the County for
such connections and installations. At the end of each
fiscal year, the County shall account to the District
for the fees so collected and shall render a statement
of its costs of making the connections and installing
the laterals. In the event the fees collected by the
County are less than its costs of making connections
and installing laterals, the District shall pay to the
County the difference. In the event the fees and
charges exceed the County's actual costs of making the
connections and installing the laterals, the County
shall pay over to the District the excess or shall
apply such excess against any other amounts which the
District may owe to the County.
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14. In consideration of thâ performance of this work by the
County, the District shall compensate the County for
. the actual cost thereof, in accordance with a statement
of said costs prepared and presented to the District by
the Director of Public Works of the county. All
receipts and disbursements by the county in the
performance of these functions shall be carefully and
accurately reported to the District and to the Board of
supervisors of the county, and all funds received by
the County for this operation shall be strictly and
accurately accounted for both to the District and to
said Board of supervisors. The District shall select
and obtain the services of an independent certified
Public Accountant to make an annual audit and report on
all District funds and accounts.
15. In addition to the above-mentioned services, the county
may perform such other services as may be requested
from time to time by the District and the District
shall pay for such services as specified in paragraph
13.
16. This agreement shall continue until rescinded or
terminated. It may be terminated by either the
District or the county by giving six (6) month's notice
in writing to the other party of intention to
terminate.
. 17. Upon the rescission or termination of this agreement,
any property acquired by the County as a result of this
agreement shall be disposed of, divided or distributed
among and between the county and the District in
accordance with the source of funds for its
acquisition, and any surplus moneys which the County
may have received from the District over and above the
cost of performance of these functions shall be
returned to the District.
18. The effective date of this agreement shall be July 1
1987 .
19. This agreement supersedes the agreement between the
County and the District dated March 24, 1964, and any
modifications thereof.
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IN WITNESS WHEREOF the pårties hereto have caused this
. agreement to be executed the day first above written pursuant to
authorizations of their respective governing bodies.
COUNTY OF SAN DIEGO
L..( / 'h-i!--
By 6. '
Clerk 0 the Board of supervisors
CARDIFF SANITATION DISTRICT
~~
Chairman, Board of Directors
.
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