RESOLUTION NO.1762
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING REVISIONS TO COUNCIL POLICY NO. 55, SUBCONTRACTOR
SUBSTITUTION ON PUBLIC WORKS CONTRACTS
WHEREAS, the Subletting and Subcontracting Fair Practices Act (Public Contract Code Sections 4100-4114), or Act, is designed to prevent bid shopping and bid peddling, though allows for subcontractor substitution in certain circumstances; and WHEREAS, the Carlsbad Municipal Water District, or CMWD, Board has determined that requests for substitution of a listed subcontractor with another subcontractor can be handled most expeditiously by designating a "duly authorized officer" in compliance with the Act; and WHEREAS, on Dec. 6, 1994, the City Council of the City of Carlsbad, California, adopted Council Policy No. 55 appointing the City Engineer as its "duly authorized officer" for the purposes of consenting to substitutions of subcontractors; and
WHEREAS, staff prepared revisions to the policy consistent with the Act to expand the delegated authority to the City Engineer, or designee, and to include procedures for providing notice and scheduling hearings, as needed.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the CMWD Board accepts the revisions to Council Policy No. 55 provided in Attachment A of City Council Resolution No. 2025-053.
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Board of Directors of the Carlsbad Municipal Water District, and the City Council of the City of Carlsbad on the 25th day of February 2025, by the following vote, to wit:
AYES:
NAYS :
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Sh in.
None.
None.
None.
KEITH BLACKBURN, President