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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 ~ EJP/dc/CCRO/87-30.RES ( . Page # I.?O Book # 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 ~ EJP/dc/CCRO/87-30.RES / .1 ,~1- Book # . Page # 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 MA/kh/DM2-38 # ---J-:-page # I:L>?- Book 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. ~ MA/kh/DM2-38 I. / ;¿ 7 Book # -----L---:-page # 1 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. ~ MA/kh/DM2-38 I . Page #~ Book # 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. ~ MA/kh/DM2-38 Book # -LPage # /:J ,~ - , 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 . , /:J.~ ~page #- MA/kh/DM2-38 Book #