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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 05/24/2023BOARD OF DIRECTORS MAY 24, 2023 East Valley Water District was formed in 1954 and provides water and wastewater services to 104,000 residents within the cities of San Bernardino and Highland, and portions of San Bernardino County. EVWD operates under the direction of a 5­member elected Board. GOVERNING BOARD EXECUTIVE MANAGEMENT Phillip R. Goodrich Chairman of the Board Michael Moore General Manager/CEO James Morales, Jr. Vice­Chairman Brian W. Tompkins Chief Financial Officer Chris Carrillo Governing Board Member Jeff Noelte Director of Engineering & Operations Ronald L. Coats Governing Board Member Kerrie Bryan Director of Administrative Services David E. Smith Governing Board Member Patrick Milroy  Operations Manager Rocky Welborn  Water Reclamation Manager Justine Hendricksen District Clerk Board of Directors Regular Meeting & Public Hearing May 24, 2023 ­ 5:30 PM Closed Session begins at 4:30 p.m. 31111 Greenspot Road, Highland, CA 92346  www.eastvalley.org PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District’s website at eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda RECESS INTO CLOSED SESSION 2.CLOSED SESSION a.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION [Government Code Section 54956.9(e)(3)] Claimant: Gail Shaw Entity Subject to Claim: East Valley Water District 5:30 PM RECONVENE MEETING PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS PRESENTATIONS AND CEREMONIAL ITEMS • Inland Solar Challenge Update and Student Recognition • Introduction of Newly Hired Employee Steven George, Fleet Maintenance Coordinator • Recognition of Brenda VanMeter CAPSTONE Certification PUBLIC COMMENTS 3.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approval of Directors' Fees and Expenses for April 2023 b.Financial Statements for April 2023 c.Investment Transaction Report for Month Ended April 30, 2023 d.April 2023 Disbursements: Accounts payable disbursements for the period include check numbers 261055 through 261167, bank drafts, and ACH payments in the amount of $2,466,874.67 and $474,895.22 for payroll 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider extension of Sterling Natural Resource Center Operational Support Agreement with Anaergia to satisfy Self Generation Incentive Program funding requirements b.Consider Authorization to Request Withdrawal from the 1977 Santa Ana River­ Mill Creek Cooperative Water Project Agreement c.Consider Voting Designee for the Association of California Water Agencies d.Consider Approval of the Memorandum of Understanding between the East Valley Water District and the East Valley Water District Employee Partnership Non­Represented Employees’ Salaries, Benefits and Related Programs e.Consider Adoption of Ordinance No. 405 ­ Establishing Compensation, Benefits, and Authorizing Reimbursement of Expenses and Establishing Training Requirements for the Board of Directors; Public Hearing 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMAY 24, 2023East Valley Water District was formed in 1954 and provides water and wastewater services to104,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board Michael MooreGeneral Manager/CEOJames Morales, Jr.Vice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kerrie BryanDirector of Administrative ServicesDavid E. SmithGoverning Board Member Patrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerJustine Hendricksen District Clerk Board of Directors Regular Meeting & Public Hearing May 24, 2023 ­ 5:30 PM Closed Session begins at 4:30 p.m. 31111 Greenspot Road, Highland, CA 92346  www.eastvalley.org PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District’s website at eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda RECESS INTO CLOSED SESSION 2.CLOSED SESSION a.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION [Government Code Section 54956.9(e)(3)] Claimant: Gail Shaw Entity Subject to Claim: East Valley Water District 5:30 PM RECONVENE MEETING PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS PRESENTATIONS AND CEREMONIAL ITEMS • Inland Solar Challenge Update and Student Recognition • Introduction of Newly Hired Employee Steven George, Fleet Maintenance Coordinator • Recognition of Brenda VanMeter CAPSTONE Certification PUBLIC COMMENTS 3.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approval of Directors' Fees and Expenses for April 2023 b.Financial Statements for April 2023 c.Investment Transaction Report for Month Ended April 30, 2023 d.April 2023 Disbursements: Accounts payable disbursements for the period include check numbers 261055 through 261167, bank drafts, and ACH payments in the amount of $2,466,874.67 and $474,895.22 for payroll 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider extension of Sterling Natural Resource Center Operational Support Agreement with Anaergia to satisfy Self Generation Incentive Program funding requirements b.Consider Authorization to Request Withdrawal from the 1977 Santa Ana River­ Mill Creek Cooperative Water Project Agreement c.Consider Voting Designee for the Association of California Water Agencies d.Consider Approval of the Memorandum of Understanding between the East Valley Water District and the East Valley Water District Employee Partnership Non­Represented Employees’ Salaries, Benefits and Related Programs e.Consider Adoption of Ordinance No. 405 ­ Establishing Compensation, Benefits, and Authorizing Reimbursement of Expenses and Establishing Training Requirements for the Board of Directors; Public Hearing 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMAY 24, 2023East Valley Water District was formed in 1954 and provides water and wastewater services to104,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board Michael MooreGeneral Manager/CEOJames Morales, Jr.Vice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kerrie BryanDirector of Administrative ServicesDavid E. SmithGoverning Board Member Patrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular Meeting & Public HearingMay 24, 2023 ­ 5:30 PMClosed Session begins at 4:30 p.m.31111 Greenspot Road, Highland, CA 92346 www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disability­relatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda RECESS INTO CLOSED SESSION 2.CLOSED SESSION a.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION [Government Code Section 54956.9(e)(3)] Claimant: Gail Shaw Entity Subject to Claim: East Valley Water District 5:30 PM RECONVENE MEETING PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS PRESENTATIONS AND CEREMONIAL ITEMS • Inland Solar Challenge Update and Student Recognition • Introduction of Newly Hired Employee Steven George, Fleet Maintenance Coordinator • Recognition of Brenda VanMeter CAPSTONE Certification PUBLIC COMMENTS 3.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approval of Directors' Fees and Expenses for April 2023 b.Financial Statements for April 2023 c.Investment Transaction Report for Month Ended April 30, 2023 d.April 2023 Disbursements: Accounts payable disbursements for the period include check numbers 261055 through 261167, bank drafts, and ACH payments in the amount of $2,466,874.67 and $474,895.22 for payroll 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider extension of Sterling Natural Resource Center Operational Support Agreement with Anaergia to satisfy Self Generation Incentive Program funding requirements b.Consider Authorization to Request Withdrawal from the 1977 Santa Ana River­ Mill Creek Cooperative Water Project Agreement c.Consider Voting Designee for the Association of California Water Agencies d.Consider Approval of the Memorandum of Understanding between the East Valley Water District and the East Valley Water District Employee Partnership Non­Represented Employees’ Salaries, Benefits and Related Programs e.Consider Adoption of Ordinance No. 405 ­ Establishing Compensation, Benefits, and Authorizing Reimbursement of Expenses and Establishing Training Requirements for the Board of Directors; Public Hearing 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMAY 24, 2023East Valley Water District was formed in 1954 and provides water and wastewater services to104,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board Michael MooreGeneral Manager/CEOJames Morales, Jr.Vice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kerrie BryanDirector of Administrative ServicesDavid E. SmithGoverning Board Member Patrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular Meeting & Public HearingMay 24, 2023 ­ 5:30 PMClosed Session begins at 4:30 p.m.31111 Greenspot Road, Highland, CA 92346 www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disability­relatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 885­4900 at least 72 hours prior to said meeting.In order to comply with legal requirements for posting of agenda, only those items filedwith the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesdaymeeting not requiring departmental investigation, will be considered by the Board ofDirectors.CALL TO ORDERROLL CALL OF BOARD MEMBERSPUBLIC COMMENTSAny person wishing to speak to the Board of Directors is asked to complete a SpeakerCard and submit it to the District Clerk prior to the start of the meeting. Each speaker islimited to three (3) minutes, unless waived by the Chairman of the Board. Under the Stateof California Brown Act, the Board of Directors is prohibited from discussing or takingaction on any item not listed on the posted agenda. The matter will automatically bereferred to staff for an appropriate response or action and may appear on the agenda at afuture meeting.1.AGENDAThis agenda contains a brief general description of each item to be considered.Except as otherwise provided by law, no action shall be taken on any item notappearing on the following agenda unless the Board of Directors makes adetermination that an emergency exists or that a need to take immediate action onthe item came to the attention of the District subsequent to the posting of theagenda.a.Approval of AgendaRECESS INTO CLOSED SESSION2.CLOSED SESSIONa.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION[Government Code Section 54956.9(e)(3)]Claimant: Gail ShawEntity Subject to Claim: East Valley Water District5:30 PM RECONVENE MEETINGPLEDGE OF ALLEGIANCEROLL CALL OF BOARD MEMBERSANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS PRESENTATIONS AND CEREMONIAL ITEMS • Inland Solar Challenge Update and Student Recognition • Introduction of Newly Hired Employee Steven George, Fleet Maintenance Coordinator • Recognition of Brenda VanMeter CAPSTONE Certification PUBLIC COMMENTS 3.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approval of Directors' Fees and Expenses for April 2023 b.Financial Statements for April 2023 c.Investment Transaction Report for Month Ended April 30, 2023 d.April 2023 Disbursements: Accounts payable disbursements for the period include check numbers 261055 through 261167, bank drafts, and ACH payments in the amount of $2,466,874.67 and $474,895.22 for payroll 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider extension of Sterling Natural Resource Center Operational Support Agreement with Anaergia to satisfy Self Generation Incentive Program funding requirements b.Consider Authorization to Request Withdrawal from the 1977 Santa Ana River­ Mill Creek Cooperative Water Project Agreement c.Consider Voting Designee for the Association of California Water Agencies d.Consider Approval of the Memorandum of Understanding between the East Valley Water District and the East Valley Water District Employee Partnership Non­Represented Employees’ Salaries, Benefits and Related Programs e.Consider Adoption of Ordinance No. 405 ­ Establishing Compensation, Benefits, and Authorizing Reimbursement of Expenses and Establishing Training Requirements for the Board of Directors; Public Hearing 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMAY 24, 2023East Valley Water District was formed in 1954 and provides water and wastewater services to104,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board Michael MooreGeneral Manager/CEOJames Morales, Jr.Vice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kerrie BryanDirector of Administrative ServicesDavid E. SmithGoverning Board Member Patrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular Meeting & Public HearingMay 24, 2023 ­ 5:30 PMClosed Session begins at 4:30 p.m.31111 Greenspot Road, Highland, CA 92346 www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disability­relatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 885­4900 at least 72 hours prior to said meeting.In order to comply with legal requirements for posting of agenda, only those items filedwith the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesdaymeeting not requiring departmental investigation, will be considered by the Board ofDirectors.CALL TO ORDERROLL CALL OF BOARD MEMBERSPUBLIC COMMENTSAny person wishing to speak to the Board of Directors is asked to complete a SpeakerCard and submit it to the District Clerk prior to the start of the meeting. Each speaker islimited to three (3) minutes, unless waived by the Chairman of the Board. Under the Stateof California Brown Act, the Board of Directors is prohibited from discussing or takingaction on any item not listed on the posted agenda. The matter will automatically bereferred to staff for an appropriate response or action and may appear on the agenda at afuture meeting.1.AGENDAThis agenda contains a brief general description of each item to be considered.Except as otherwise provided by law, no action shall be taken on any item notappearing on the following agenda unless the Board of Directors makes adetermination that an emergency exists or that a need to take immediate action onthe item came to the attention of the District subsequent to the posting of theagenda.a.Approval of AgendaRECESS INTO CLOSED SESSION2.CLOSED SESSIONa.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION[Government Code Section 54956.9(e)(3)]Claimant: Gail ShawEntity Subject to Claim: East Valley Water District5:30 PM RECONVENE MEETINGPLEDGE OF ALLEGIANCEROLL CALL OF BOARD MEMBERSANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMSPRESENTATIONS AND CEREMONIAL ITEMS• Inland Solar Challenge Update and Student Recognition• Introduction of Newly Hired EmployeeSteven George, Fleet Maintenance Coordinator• Recognition of Brenda VanMeter CAPSTONE CertificationPUBLIC COMMENTS3.APPROVAL OF CONSENT CALENDARAll matters listed under the Consent Calendar are considered by the Board ofDirectors to be routine and will be enacted in one motion. There will be nodiscussion of these items prior to the time the board considers the motion unlessmembers of the board, the administrative staff, or the public request specific itemsto be discussed and/or removed from the Consent Calendar.a.Approval of Directors' Fees and Expenses for April 2023b.Financial Statements for April 2023c.Investment Transaction Report for Month Ended April 30, 2023d.April 2023 Disbursements: Accounts payable disbursements for the periodinclude check numbers 261055 through 261167, bank drafts, and ACHpayments in the amount of $2,466,874.67 and $474,895.22 for payroll4.DISCUSSION AND POSSIBLE ACTION ITEMSa.Consider extension of Sterling Natural Resource Center Operational SupportAgreement with Anaergia to satisfy Self Generation Incentive Program fundingrequirementsb.Consider Authorization to Request Withdrawal from the 1977 Santa Ana River­Mill Creek Cooperative Water Project Agreementc.Consider Voting Designee for the Association of California Water Agenciesd.Consider Approval of the Memorandum of Understanding between the EastValley Water District and the East Valley Water District Employee PartnershipNon­Represented Employees’ Salaries, Benefits and Related Programse.Consider Adoption of Ordinance No. 405 ­ Establishing Compensation,Benefits, and Authorizing Reimbursement of Expenses and EstablishingTraining Requirements for the Board of Directors; Public Hearing 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN Agenda Item #3b May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #3b Consent Item Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approval of Directors' Fees and Expenses for April 2023 RECOMMENDATION That the Board of Directors approve the Directors' Fees and Expenses for April 2023 as submitted. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management REVIEW BY OTHERS This agenda item has been reviewed by Administration. FISCAL IMPACT The fiscal impact associated with this agenda item is $10,350.00 which is included in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS April 2023 Director Expense Reports Name: Month / Year:2023 Meeting No.Stipend Written Oral 1 4 /04 225 2 4 /05 225 3 4 /06 225 4 4 /10 225 5 4 /12 225 6 4 /19 225 7 4 /21 225 8 4 /26 225 9 10 11 12 13 14 15 16 17 18 19 20 Meetings 0.655/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval Chris Carrillo April / 0.00 X ( 8 ) Report Provided Subtotal Meetings' Stipend Mileage Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Chris Carrillo Date Meeting / Event Description Date North Fork Stockholders Meeting City of San Bernardino Council Meeting Plant 134 Ribbon Cutting Ceremony $1,800.00 $1,800.00 $0.00 Reimbursement Mileage Miscellaneous Reimbursement Description Meeting with General Manager/CEO or Designee Regular Board Meeting City of San Bernardino Council Meeting Meeting with General Manager/CEO or Designee Regular Board Meeting Expense Type $0.00 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2023 1 2 3 4 5 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attended regular board meeting. Brief Description of Meeting/Event Value to EVWD Attended Ribbon Cutting Ceremony. Meeting Date:4 / 10 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Reviewed April 12 agenda with General Manager/CEO and discussed District business. Meeting Date:4 / 12 / 2023 Meeting Date:4 / 5 / 2023 Event Description:City of San Bernardino Council Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 6 / 2023 Event Description:Plant 134 Ribbon Cutting Ceremony Attended City of San Bernardino Council meeting via Zoom. Chris Carrillo April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Attended North Fork Annual Shareholders/Board meeting. 4 / 4 / 2023 North Fork Stockholders Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2023 6 7 8 9 10 Chris Carrillo April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attended regular board meeting. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Attended City of San Bernardino Council meeting via Zoom. Meeting Date:4 / 21 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Reviewed April 26 agenda with General Manager/CEO and discussed District business. Meeting Date:4 / 26 / 2023 Meeting Date:4 / 19 / 2023 Event Description:City of San Bernardino Council Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2023 11 12 13 14 15 Chris Carrillo April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2023 16 17 18 19 20 Event Description: Brief Description of Meeting/Event Value to EVWD Chris Carrillo April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 5 Name: Month / Year:2023 Meeting No.Stipend Written Oral 1 4 /04 225 2 4 /05 225 3 4 /06 0 4 4 /06 225 5 4 /10 0 6 4 /10 225 7 4 /11 225 8 4 /11 0 9 4 /12 225 10 4 /13 0 11 4 /17 225 12 4 /19 225 13 4 /24 0 14 4 /25 225 15 4 /25 0 16 4 /26 225 17 4 /27 0 18 19 20 Meetings 0.655/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval Ronald L. Coats April / 0.00 X ( 10 ) Report Provided Subtotal Meetings' Stipend Mileage San Bernardino Board of Water Commissioners Regular Board Meeting Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Ronald L. Coats Date Meeting / Event Description Highland Chamber of Commerce Regular Board Meeting EVWD Facilities Tour Date North Fork Water Co. Annual Meeting San Bernardino Valley MWD Ribbon Cutting Plant 134 $2,250.00 $2,250.00 $0.00 Reimbursement Mileage Miscellaneous Reimbursement Description Rotary North S.B. Club Meeting ASBCSD Meeting with General Manager/CEO or Designee Meeting with General Manager/CEO or Designee San Bernardino Valley MWD Policy /Admin Wksp Meeting with General Manager/CEO or Designee ASBCSD Board Meeting San Bernardino Board of Water Commissioners Finance & Human Resources Committee Meeting Expense Type $0.00 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2023 1 2 3 4 5 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Held an agenda review with Michael Moore and also discussed district business Brief Description of Meeting/Event Value to EVWD Attended the "valve turning" to commemorate the completion of the GAC project at Plant 134 and the approval from the State to operate the new system. Meeting Date:4 / 6 / 2023 Event Description:San Bernardino Valley MWD Policy /Admin Wksp Brief Description of Meeting/Event Value to EVWD Attended their directors workshop on Policy/Administration where they had a presentation on the status of the Sites Reservoir project by the Sites Authority Executive Director Jerry Brown. Not that Jerry Brown Meeting Date:4 / 10 / 2023 Meeting Date:4 / 5 / 2023 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 6 / 2023 Event Description:Ribbon Cutting Plant 134 Attended the "Dawn of a New Generation" for San Bernardino Municipal Water District. This was their re- branding event. Ronald L. Coats April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Attended the annual meeting of the North Fork Water Company and Shareholders meeting 4 / 4 / 2023 North Fork Water Co. Annual Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2023 6 7 8 9 10 Ronald L. Coats April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. See official board meeting minutes Meeting Date:4 / 13 / 2023 Event Description:Rotary North S.B. Club Meeting Brief Description of Meeting/Event Value to EVWD Attended their Rotary Club Meeting to hear CEO Michael Moore speak about EVWD and our various projects Event Description:Finance & Human Resources Committee Meeting Brief Description of Meeting/Event Value to EVWD We went over the goals and objectives presented tonight; Also reviewed other Finance and Human Resources activities Meeting Date:4 / 12 / 2023 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attended our board meeting where we discussed association business and upcoming general meeting. Meeting Date:4 / 11 / 2023 Event Description:San Bernardino Board of Water Commissioners Brief Description of Meeting/Event Value to EVWD They approved several amendments to various rules and regulations regarding new services; they toured one of two 10 million gallon reservoirs the City has that is undergoing seismic retrofits. The one I visited is under Perris Hill, is 30 feet deep and one acre in size. Once completed the contractor will move to the other 10 million gallon reservoir for seismic retrofit. Meeting Date:4 / 11 / 2023 Meeting Date:4 / 10 / 2023 Event Description:ASBCSD Board Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2023 11 12 13 14 15 Ronald L. Coats April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. The speaker was Eric Ustation, Director of Local Intergovernmental Affairs for San Manuel Band of Mission Indians. He gave an overview of all of the various activities of the tribe. Event Description:San Bernardino Board of Water Commissioners Brief Description of Meeting/Event Value to EVWD They approved a contract to furnish all labor, equipment and materials for the Tertiary Treatment System Project for $15,095,112 and a change order of $204,542 for the seismic retrofit of their 10 Million gallon reservoir Meeting Date:4 / 25 / 2023 Event Description:Highland Chamber of Commerce Brief Description of Meeting/Event Value to EVWD Had a meeting with Michael Moore to discuss district business Meeting Date:4 / 24 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Had a meeting with Michael Moore to discuss tonight's agenda and other district business Meeting Date:4 / 25 / 2023 Event Description:ASBCSD Brief Description of Meeting/Event Value to EVWD Scott Kleinrock from Chino Basin Water Conservation District was the speaker and his topic was Cultivating Beautiful and Resilient Communities in a Hotter, Drier Climate. He gave a great presentation on various landscaping ideas for our arid climate with native California plants. Meeting Date:4 / 19 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 17 / 2023 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2023 16 17 18 19 20 Event Description: Brief Description of Meeting/Event Value to EVWD Ronald L. Coats April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description:EVWD Facilities Tour Brief Description of Meeting/Event Value to EVWD Greeted ratepayers that were here to see the various facilities of EVWD and gain a better understanding of what, when, where, how and why we do what we do each and every day. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 26 / 2023 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD See official board meeting minutes Meeting Date:4 / 27 / 2023 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 5 Name: Month / Year:2023 Meeting No.Stipend Written Oral 1 4 /04 225 2 4 /06 225 3 4 /06 0 4 4 /11 225 5 4 /12 225 6 4 /13 225 7 4 /14 0 8 4 /17 225 9 4 /20 0 10 4 /20 225 11 4 /26 225 12 4 /27 225 13 14 15 16 17 18 19 20 Meetings 0.655/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval Phillip R. Goodrich April / 0.00 X ( 9 ) Report Provided Subtotal Meetings' Stipend Mileage CHEF Committee Meeting Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Phillip R. Goodrich Date Meeting / Event Description Date North Fork Stockholders Meeting Agenda Review 134 Ribbon Cutting $2,025.00 $2,025.00 $0.00 Reimbursement Mileage Miscellaneous Reimbursement Description Agenda Review Regular Board Meeting Meeting with General Manager/CEO or Designee City of Highland Council Meeting Regular Board Meeting Legislative & Public Affairs Committee Meeting Meeting with General Manager/CEO or Designee ASBCSD Expense Type $0.00 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2023 1 2 3 4 5 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attend regular board meeting Ref. Mins. This date Brief Description of Meeting/Event Value to EVWD Represent District at the ribbon cutting ceremony for plant 134 Meeting Date:4 / 11 / 2023 Event Description:City of Highland Council Meeting Brief Description of Meeting/Event Value to EVWD Represent District at Monthly City Counsil meeting Meeting Date:4 / 12 / 2023 Meeting Date:4 / 6 / 2023 Event Description:Agenda Review Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 6 / 2023 Event Description:134 Ribbon Cutting With CEO and Vice Chair for review of current agenda Phillip R. Goodrich April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Attend Annual Northfork shareholders and board of Directors meeting 4 / 4 / 2023 North Fork Stockholders Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2023 6 7 8 9 10 Phillip R. Goodrich April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Attend CHEF committee meeting discuss future of project Meeting Date:4 / 20 / 2023 Event Description:Agenda Review Brief Description of Meeting/Event Value to EVWD With CEO and Vice Chair for review of current agenda Event Description:ASBCSD Brief Description of Meeting/Event Value to EVWD Attend Monthly Spl. Districts meeting updates on conservation efforts and and landscaping Meeting Date:4 / 20 / 2023 Event Description:CHEF Committee Meeting Brief Description of Meeting/Event Value to EVWD Attend Regular board meeting Ref. Mins. This day Meeting Date:4 / 14 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Phone Conference With GM RE: District affairs Meeting Date:4 / 17 / 2023 Meeting Date:4 / 13 / 2023 Event Description:Legislative & Public Affairs Committee Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2023 11 12 13 14 15 Phillip R. Goodrich April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Phone conference with GM RE: District affairs Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attend Regular board meeting Ref. Mins. This date Meeting Date:4 / 27 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 26 / 2023 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2023 16 17 18 19 20 Event Description: Brief Description of Meeting/Event Value to EVWD Phillip R. Goodrich April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 5 Name: Month / Year:2023 Meeting No.Stipend Written Oral 1 4 /04 225 2 4 /05 225 3 4 /06 0 4 4 /06 225 5 4 /07 225 6 4 /11 225 7 4 /12 225 8 4 /14 225 9 4 /18 225 10 4 /20 225 11 4 /25 0 12 4 /26 225 13 14 15 16 17 18 19 20 Meetings 0.655/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval $0.00 Mileage Miscellaneous Reimbursement Description Meeting with General Manager/CEO or Designee Chamber of Commerce Event Regular Board Meeting Meeting with General Manager/CEO or Designee ACWA Event San Bernardino Valley MWD Regular Board Meeting ACWA Event Expense Type $2,250.00 $0.00 Reimbursement Administration Signature I certify that the above is correct and accurate to the best of my knowledge. James Morales, Jr. Date Meeting / Event Description Date North Fork Stockholders Meeting San Bernardino Valley MWD EVWD Event $2,250.00 James Morales, Jr.April / 0.00 X ( 10 ) Report Provided Subtotal Meetings' Stipend Mileage San Bernardino Valley MWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2023 1 2 3 4 5 James Morales, Jr.April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Please refer to public agenda. 4 / 4 / 2023 North Fork Stockholders Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 5 / 2023 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 6 / 2023 Event Description:EVWD Event Strategic Plan release and rebranding effort. Brief Description of Meeting/Event Value to EVWD Plant 134 water treatment plant opening event. No charge, more than one meeting per diem. Meeting Date:4 / 6 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD District and operational updates, agenda. Meeting Date:4 / 7 / 2023 Event Description:ACWA Event Brief Description of Meeting/Event Value to EVWD Region 9 Board of Directors meeting, EVWD presenting at statewide trade association conference. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2023 6 7 8 9 10 Meeting Date:4 / 11 / 2023 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Engineering committee meeting. Board report assignment. Meeting Date:4 / 12 / 2023 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Pleae refer to public agenda. Meeting Date:4 / 14 / 2023 Event Description:ACWA Event Brief Description of Meeting/Event Value to EVWD State legislative meeting. Pending legislation update. Meeting Date:4 / 18 / 2023 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Regular board meeting. Master plan Sunrise Ranch property. Progress report. Meeting Date:4 / 20 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD District and operational update, agenda. James Morales, Jr.April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2023 11 12 13 14 15 Meeting Date:4 / 25 / 2023 Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD San Manuel update/Eric Ustation - Director of Local Gov. Relations. No charge, more than 10 meetings in the reporting period. Meeting Date:4 / 26 / 2023 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD James Morales, Jr.April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2023 16 17 18 19 20 Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Event Description: Brief Description of Meeting/Event Value to EVWD James Morales, Jr.April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 5 Name: Month / Year:2023 Meeting No.Stipend Written Oral 1 4 /04 225 2 4 /05 225 3 4 /06 225 4 4 /11 225 5 4 /12 0 6 4 /12 225 7 4 /17 225 8 4 /18 225 9 4 /25 225 10 4 /26 225 11 4 /26 0 12 13 14 15 16 17 18 19 20 Meetings 0.655/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval $0.00 Mileage Miscellaneous Reimbursement Description Regular Board Meeting San Bernardino VWC District Finance & Human Resources Committee Meeting San Bernardino VWC District Regular Board Meeting ASBCSD Meeting with General Manager/CEO or Designee Expense Type $2,025.00 $0.00 Reimbursement Administration Signature I certify that the above is correct and accurate to the best of my knowledge. David E. Smith Date Meeting / Event Description Date North Fork Stockholders Meeting San Bernardino Valley MWD EVWD Event $2,025.00 David E. Smith April / 0.00 X ( 9 ) Report Provided Subtotal Meetings' Stipend Mileage Chamber of Commerce Event DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2023 1 2 3 4 5 David E. Smith April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: ANNUAL MEETING 4 / 4 / 2023 North Fork Stockholders Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 5 / 2023 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 6 / 2023 Event Description:EVWD Event REBRANDING EVENT Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 11 / 2023 Event Description:Finance & Human Resources Committee Meeting Brief Description of Meeting/Event Value to EVWD REGULAR MONTHLY MEETING, DISCUSSED BUDGET PRESENTATION AND EMPLOYEE MOU Meeting Date:4 / 12 / 2023 Event Description:San Bernardino VWC District Brief Description of Meeting/Event Value to EVWD REGULAR BOARD MEETING, GROUND WATER CHARGE DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2023 6 7 8 9 10 Meeting Date:4 / 12 / 2023 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 17 / 2023 Event Description:ASBCSD Brief Description of Meeting/Event Value to EVWD MONTHLY BUSINESS MEETING, CHINO BASIN WATER CONSERVATION Meeting Date:4 / 18 / 2023 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD DISCUSS AGENDA AND DISTRICT BUSINESS Meeting Date:4 / 25 / 2023 Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD MONTHLY BUSINESS MEETING, ERIC EUSTATION FROM SMBMI, UPDATE ON BUSINESS Meeting Date:4 / 26 / 2023 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD David E. Smith April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2023 11 12 13 14 15 Meeting Date:4 / 26 / 2023 Event Description:San Bernardino VWC District Brief Description of Meeting/Event Value to EVWD REGULAR BOARD MEETING, VOTED ON GROUND WATER RECHARGE Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD David E. Smith April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2023 16 17 18 19 20 Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Event Description: Brief Description of Meeting/Event Value to EVWD David E. Smith April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 5 Agenda Item #3b May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #3b Consent Item 7 8 1 Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Financial Statements for April 2023 RECOMMENDATION That the Board of Directors accept and file the attached financial statements as of, and for the period ended, April 30, 2023. BACKGROUND / ANALYSIS The East Valley Water District adopted an annual budget on June 22, 2022 for fiscal year 2022-2023. In accordance with District Administrative Policy 7.7, the Chief Financial Officer provides regular budget updates to the Board of Directors (Board). Included herewith for the Board’s review is a summary of the District’s financial results, as of April 30, 2023. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management REVIEW BY OTHERS This agenda item has been reviewed by the Finance Department. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer Agenda Item #3b May 24, 20232 Meeting Date: May 24, 2023 Agenda Item #3b Consent Item 7 8 1 ATTACHMENTS 1. April 2023 Financial Statement Monthly Review 2. April 2023 Financial Statements FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING APRIL 30, 2023 page | 1 The following is a highlight summary of the District’s financial results as of April 30, 2023. Please note all values presented are in millions (unless otherwise noted). Statement of Net Position Total assets at April 30, 2023 are $401.41 million. CLASSIFICATION WATER WASTEWATER RECLAMATION DISTRICT TOTAL Cash and Investments $ 14.53 $ 7.89 $ - $ 22.42 Utility Plant, Net 99.40 17.62 - 117.02 Other Assets 53.28 32.52 175.86 261.66 Current Liabilities 10.38 7.83 36.15 54.36 Long Term Liabilities 40.73 6.50 139.67 186.90 Beginning Net Position 103.31 40.93 - 144.24 Change in Equity 7.38 1.77 0.03 9.18 TOTAL NET $ 110.69 $ 42.70 $ 0.03 $ 153.42 Cash and Investments Cash and Investments are $22.42 million for the month of April, an increase of $954 thousand from the prior month. In April the District received $554K from the City of Highland as reimbursement for public improvements made at Del Rosa and 5 th Street during the SNRC construction. The District’s Due from Other Governments includes a receivable for work performed on the Recycled Water Pipeline from January through April bringing the ending balance as of April 30, 2023 to $9.63 million. $0 $5 $10 $15 $20 $25 $30 $35 Mi l l i o n s CASH & INVESTMENTS Restricted Unrestricted FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING APRIL 30, 2023 page | 2 Statement of Revenues & Expenses Total Revenues & Expenses through April 30, 2023 are summarized below (in millions): Column1 WATER WASTEWATER RECLAMATION DISTRICT TOTAL Revenue $ 24.58 $ 5.65 $ 8.39 $ 38.62 Expense 17.19 3.88 8.35 29.42 Water Sales by Tier Water Sales for the month ending April 30, 2023 were $788K; $302K under staff projections for the month and $415K under projections year-to-date. $- $0.5 $1.0 $1.5 $2.0 $2.5 Mi l l i o n s WATER SALES BY TIER Tier 1 Tier 2 Tier 3 FY 2022-23 Projection For a more detailed presentation, operating results are presented in three ways on pages 2 through 6 of the attached financial statements for the period ending April 30, 2023. First is a one-page summary with monthly and year-to-date totals for revenue and expenses, presented by Expense Category. Second is a one-page summary with monthly and year-to-date totals for Revenues and Expense by Program. Third is a Budget -to- Actual presentation of program expense detail. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING APRIL 30, 2023 page | 3 Water Sales by Customer Class The table below shows the District’s water sales for the month of April 2023 by customer class. The following icons are to compliment the graph below: positive change, no change, negative change when comparing actuals versus projections. CUSTOMER CLASS ACTUAL PROJECTION $ VARIANCE % VARIANCE Residential 462,686$ 628,000$ (165,314)$ -26% Multi-Family 206,766 261,000 (54,234) -21% Commercial 86,249 111,000 (24,751) -22% Irrigation 32,281 90,000 (57,719) -64% TOTAL $ 787,982 $ 1,090,000 $ (302,018)-28% The following table displays customer class by tier for the month of April 2023: CUSTOMER CLASS TIER ACTUAL PROJECTION $ VARIANCE % VARIANCE Residential Tier 1 291,729$ 322,000$ (30,271)$ -9% Residential Tier 2 117,059 128,000 (10,941) -9% Residential Tier 3 53,898 178,000 (124,102) -70% Multi-Family Tier 1 135,801 149,000 (13,199) -9% Multi-Family Tier 2 32,271 47,000 (14,729) -31% Multi-Family Tier 3 38,694 65,000 (26,306) -40% Commercial Tier 1 65,188 73,000 (7,812) -11% Commercial Tier 2 5,481 7,000 (1,519) -22% Commercial Tier 3 15,580 31,000 (15,420) -50% Irrigation Tier 2 22,026 42,000 (19,974) -48% Irrigation Tier 3 10,255 48,000 (37,745) -79% TOTAL $ 787,982 $ 1,090,000 $ (302,018)-28% Legend - Positive Change in Actuals - Neutral Change in Actuals - Negative Change in Actuals FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING APRIL 30, 2023 page | 4 The chart below is a comparative illustration of Water Revenue year -to-date compared to last year’s Water Revenue year-to-date as of April. As noted in the graph, Water Revenue experienced a minor decrease over last year. Water consumption decreased 441.92 million gallons (591K HCF) compared to April of 2022. $- $5.0 $10.0 $15.0 $20.0 $25.0 4/30/2022 4/30/2023 Mi l l i o n s COMPARATIVE MONTHLY WATER REVENUE (WATER SALES & METER CHARGES) Meter Tier 1 Tier 2 Tier 3 Total -$23,527,059 Total -$22,477,036 FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING APRIL 30, 2023 page | 5 Water Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Water Fund operating cost centers for FY 2021-22 and FY 2022-23. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING APRIL 30, 2023 page | 6 Wastewater Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Wastewater Fund operating cost centers for FY 2021-22 and FY 2022-23. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING APRIL 30, 2023 page | 7 Water Reclamation Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Water Reclamation Fund operating cost centers for FY 2021-22 and FY 2022-23. In FY 2021-22 the Treatment costs were incurred entirely by the San Bernardino Municipal Water Department and billed to the District. WATER WASTEWATER RECLAMATION DISTRICT TOTAL Assets: Current Assets: 01 - Cash and Cash EquivalentsCash and Cash Equivalents 5,349,207.24$ 458,729.70$ -$ 5,807,936.94$ 02 - InvestmentsInvestments 3,363,723.96 1,757,942.92 - 5,121,666.88 03 - Accounts Receivable, NetAccounts Receivable, Net 4,074,498.98 820,528.67 - 4,895,027.65 04 - Interest ReceivableInterest Receivable - 3,377.19 - 3,377.19 14*05 - Other ReceivablesOther Receivables 2,375,060.83 - - 2,375,060.83 07 - Due from Sewer FundDue from Sewer Fund 5,500,000.00 - - 5,500,000.00 07.1 - Due from Reclamation FundDue from Reclamation Fund 13,586,089.14 13,541,447.88 - 27,127,537.02 06 - Due from other GovernmentsDue from Other Governments 42,000.01 - 9,587,259.23 9,629,259.24 08 - InventoryInventory 984,187.93 6,721.16 - 990,909.09 09 - Prepaid ExpensesPrepaid Expenses 371,034.49 43,531.58 1,720.50 416,286.57 35,645,802.58 16,632,279.10 9,588,979.73 61,867,061.41 Non-Current Assets: 10 - Restricted Cash and Cash EquivalentsRestricted Cash and Cash Equivalents 5,816,410.44 5,674,263.07 - 11,490,673.51 11 - Capital Assets not being DepreciatedCapital Assets not being Depreciated 23,614,265.83 17,126,673.44 166,267,141.35 207,008,080.62 13 - Capital Assets, NetCapital Assets, Net 99,403,048.08 17,617,657.77 - 117,020,705.85 128,833,724.35 40,418,594.28 166,267,141.35 335,519,459.98 Total Assets:164,479,526.93 57,050,873.38 175,856,121.08 397,386,521.39 Deferred Outflow Of Resources 24*Deferred Charge on Refunding 610,558.73 286,292.69 - 896,851.42 25 - Deferred Outflow - PensionsDeferred Outflows - Pensions 2,127,130.34 691,919.73 - 2,819,050.07 167,217,216.00 58,029,085.80 175,856,121.08 401,102,422.88 Current Liabilities: 22 - PayablesAccounts Payable and Accrued Expenses 6,762,418.25 27,441.76 - 6,789,860.01 29 - Due to Water FundDue to Water Fund - 5,500,000.00 13,586,089.14 19,086,089.14 29.1 - Due to Sewer FundDue to Sewer Fund - - 13,541,447.88 13,541,447.88 23 - Payroll LiabilitiesAccrued Payroll and Benefits - - - - 15 - Customer Service DepositsCustomer Service Deposits 1,419,766.81 - - 1,419,766.81 16 - Construction Advances and RetentionsConstruction Advances and Retentions 643,827.30 2,171,510.63 9,026,531.23 11,841,869.16 17 - Interest PayableAccrued Interest Payable 234,217.54 24,947.00 - 259,164.54 18 - Current Portion of Compensated AbsencesCurrent Portion of Compensated Absences 495,871.40 108,250.60 - 604,122.00 19 - Current Portion of Long-Term DebtCurrent Portion of Long-Term Debt 825,513.34 - - 825,513.34 10,381,614.64 7,832,149.99 36,154,068.25 54,367,832.88 Non-Current Liabilities: 20 - Compensated Absences, less current portionCompensated Absences, less current portion 203,603.99 - - 203,603.99 28 - Net Pension LiabilityNet Pension Liability 5,094,004.28 1,563,684.95 - 6,657,689.23 21 - Long Term DebtLong Term Debt, Less Current Portion 35,435,393.60 4,938,562.10 139,669,059.00 180,043,014.70 27 - Other LiabilitiesOther Liabilities 1,173.64 - - 1,173.64 40,734,175.51 6,502,247.05 139,669,059.00 186,905,481.56 Total Liabilities:51,115,790.15 14,334,397.04 175,823,127.25 241,273,314.44 Deferred Inflows Of Resources 26 - Deferred Inflows - PensionsDeferred Inflows - Pensions 5,403,596.94 1,000,008.59 - 6,403,605.53 56,519,387.09 15,334,405.63 175,823,127.25 247,676,919.97 31 - EquityEquity 103,313,581.29 40,925,983.29 - 144,239,564.58 103,313,581.29 40,925,983.29 - 144,239,564.58 Total RevenueTotal Revenue 24,576,690.13 5,645,300.75 8,385,278.28 38,607,269.16 Total ExpenseTotal Expense 17,192,442.51 3,876,603.87 8,352,284.45 29,421,330.83 7,384,247.62 1,768,696.88 32,993.83 9,185,938.33 110,697,828.91 42,694,680.17 32,993.83 153,425,502.91 167,217,216.00$ 58,029,085.80$ 175,856,121.08$ 401,102,422.88$ Total Liabilities, Equity and Current Surplus (Deficit): Total Beginning Equity: Equity: Revenues Over/Under Expenses Total Current Liabilities: Total Liabilities and Deferred Inflows of Resources: Total Non-Current Liabilities: Unaudited As of April 30, 2023 Combining Schedule of Net Position Total Equity and Current Surplus (Deficit): Total Assets and Deferred Outflows of Resources: Total Current Assets: Total Non-Current Assets: Page 1 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 - Water SalesWater Sales 787,981.66$ 14,323,162.56$ 17,700,000.00$ -$ -$ -$ -$ -$ -$ 17,700,000.00$ 3,376,837.44$ 42 - Meter ChargesMeter Charges 829,748.00 8,154,393.29 9,785,000.00 - - - - - - 9,785,000.00 1,630,606.71 43 - PenaltiesPenalties 46,023.34 484,192.07 468,000.00 4,353.47 50,655.72 60,000.00 - - - 528,000.00 (6,847.79) 44 - Wastewater System ChargesWastewater System Charges - - - 478,903.89 4,666,048.66 5,621,000.00 - - - 5,621,000.00 954,951.34 45 - Wastewater Treatment ChargesWastewater Treatment Charges - - - - - - 823,016.78 8,385,278.28 9,851,000.00 9,851,000.00 1,465,721.72 46 - Other Operating RevenueOther Operating Revenue 166,136.80 1,273,464.36 442,000.00 145,799.73 895,282.43 100,000.00 - - - 542,000.00 (1,626,746.79) 47 - Non Operating RevenueNon Operating Revenue 105,773.75 317,809.10 120,000.00 - 26,849.37 5,000.00 - - - 125,000.00 (219,658.47) 48 - Gain or Loss on DispositionGain or Loss on Disposition 23,668.75 23,668.75 - 6,464.57 6,464.57 - - - - - (30,133.32) 56 - BenefitsBenefits - - - - - - - - - - - 68 - DepreciationDepreciation - - - - - - - - - - - Revenue Total:1,959,332.30 24,576,690.13 28,515,000.00 635,521.66 5,645,300.75 5,786,000.00 823,016.78 8,385,278.28 9,851,000.00 44,152,000.00 5,544,730.84 - - - - - - - - Expense by Category 51 - LaborLabor 491,182.41 4,283,989.34 5,554,900.00 117,299.05 1,182,031.96 1,602,200.00 (56,886.31) 410,989.15 530,900.00 7,688,000.00 1,810,989.55 52 - Temporary LaborTemporary Labor 15,084.12 32,002.48 21,000.00 1,026.56 13,715.37 9,000.00 (12,688.79) - - 30,000.00 (15,717.85) 56 - BenefitsBenefits 193,672.66 2,254,844.63 2,774,800.00 38,619.72 549,234.90 808,200.00 (45,556.98) 237,780.20 333,000.00 3,916,000.00 874,140.27 63 - Contract ServicesContract Services 384,222.26 3,001,991.90 4,985,100.00 77,070.00 1,138,683.14 1,700,000.00 464,469.46 7,385,450.79 8,504,400.00 15,189,500.00 3,663,374.17 65 - Professional DevelopmentProfessional Development 6,697.56 182,431.13 256,600.00 1,629.52 62,397.00 96,600.00 (515.87) 181.27 12,300.00 365,500.00 120,490.60 53 - OvertimeOvertime 42,071.51 403,586.99 374,600.00 4,466.27 38,699.21 26,200.00 (3,377.96) 7,023.57 11,200.00 412,000.00 (37,309.77) 62 - Materials and SuppliesMaterials and Supplies 127,683.71 1,586,624.83 1,640,400.00 1,748.50 87,435.72 110,000.00 1,318.74 59,211.56 119,600.00 1,870,000.00 136,727.89 64 - UtilitiesUtilities 252,321.67 3,137,020.20 3,816,300.00 13,685.23 150,559.80 70,100.00 (18,012.42) 242,836.62 327,600.00 4,214,000.00 683,583.38 52 - Temporary LaborTemporary Labor 15,084.12 32,002.48 21,000.00 1,026.56 13,715.37 9,000.00 (12,688.79) - - 30,000.00 (15,717.85) 67 - OtherOther 5,359.75 1,214,109.41 956,300.00 2,284.49 358,362.55 288,700.00 (3.00) 8,811.29 12,000.00 1,257,000.00 (324,283.25) 54 - StandbyStandby 2,648.00 30,733.00 33,000.00 112.00 1,515.92 2,000.00 - - - 35,000.00 2,751.08 61 - Water SupplyWater Supply - 411,251.50 486,000.00 - - - - - - 486,000.00 74,748.50 71 - Debt ServiceDebt Service - 1,749,715.68 3,080,000.00 - 224,894.00 274,000.00 - - - 3,354,000.00 1,379,390.32 81 - Capital ImprovementCapital Improvement 314,212.73 4,597,602.24 5,075,000.00 (5,555.00) 468,124.91 315,000.00 - - - 5,390,000.00 324,272.85 82 - Capital OutlayCapital Outlay 62,504.40 297,900.41 640,000.00 124,013.69 230,358.93 475,000.00 - - - 1,115,000.00 586,740.66 83 - Accounting Income Add backAccounting Income Add back (314,212.73) (6,023,363.71) - 5,555.00 (643,124.91) - - - - - 6,666,488.62 88 - Transfer from ReservesTransfer to Reserves - - - - - - - - - - - 99 - 99Transfer from Reserves - - (1,200,000.00) - - - - - - (1,200,000.00) (1,200,000.00) Expense Total:1,598,532.17 17,192,442.51 28,515,000.00 382,981.59 3,876,603.87 5,786,000.00 316,058.08 8,352,284.45 9,851,000.00 44,152,000.00 14,730,669.17 Total Surplus (Deficit):360,800.13$ 7,384,247.62$ -$ 252,540.07$ 1,768,696.88$ -$ 506,958.70$ 32,993.83$ -$ -$ (9,185,938.33)$ Unaudited Revenue and Expense Budget-to-Actual by Category Month Ended April 30, 2023 WATER WASTEWATER DISTRICT WIDERECLAMATION Page 2 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 - Water SalesWater Sales 787,981.66$ 14,323,162.56$ 17,700,000.00$ -$ -$ -$ -$ -$ -$ 17,700,000.00$ 3,376,837.44$ 42 - Meter ChargesMeter Charges 829,748.00 8,154,393.29 9,785,000.00 - - - - - - 9,785,000.00 1,630,606.71 43 - PenaltiesPenalties 46,023.34 484,192.07 468,000.00 4,353.47 50,655.72 60,000.00 - - - 528,000.00 (6,847.79) 44 - Wastewater System ChargesWastewater System Charges - - - 478,903.89 4,666,048.66 5,621,000.00 - - - 5,621,000.00 954,951.34 45 - Wastewater Treatment ChargesWastewater Treatment Charges - - - - - - 823,016.78 8,385,278.28 9,851,000.00 9,851,000.00 1,465,721.72 46 - Other Operating RevenueOther Operating Revenue 166,136.80 1,273,464.36 442,000.00 145,799.73 895,282.43 100,000.00 - - - 542,000.00 (1,626,746.79) 47 - Non Operating RevenueNon Operating Revenue 105,773.75 317,809.10 120,000.00 - 26,849.37 5,000.00 - - - 125,000.00 (219,658.47) Revenue Total:1,959,332.30 24,576,690.13 28,515,000.00 635,521.66 5,645,300.75 5,786,000.00 823,016.78 8,385,278.28 9,851,000.00 44,152,000.00 5,544,730.84 Program: 1000 - Board of Directors Total:1000 - Board of Directors 11,827.80 188,833.79 275,800.00 4,781.50 79,037.22 118,200.00 - - - 394,000.00 126,128.99 Program: 2000 - General Administration Total:2000 - General Administration 50,121.67 699,899.14 905,800.00 20,161.47 289,983.66 388,200.00 - - - 1,294,000.00 304,117.20 Program: 2100 - Human Resources Total:2100 - Human Resources 33,351.74 1,609,181.80 1,418,900.00 14,293.60 528,114.56 486,100.00 - 8,811.29 12,000.00 1,917,000.00 (229,107.65) Program: 2200 - Public Affairs Total:2200 - Public Affairs 43,994.77 777,878.50 1,104,600.00 18,795.71 416,879.03 473,400.00 - - - 1,578,000.00 383,242.47 Program: 2300 - Conservation Total:2300 - Conservation 24,176.38 370,768.81 862,000.00 - - - - - - 862,000.00 491,231.19 Program: 3000 - Finance Total:3000 - Finance 42,714.70 574,371.48 819,700.00 18,248.62 245,741.66 451,300.00 - - - 1,271,000.00 450,886.86 Program: 3200 - Information Technology Total:3200 - Information Technology 65,444.21 658,266.62 940,800.00 28,047.46 285,511.36 403,200.00 - - - 1,344,000.00 400,222.02 Program: 3300 - Customer Service Total:3300 - Customer Service 515,651.64 1,062,024.45 1,048,000.00 48,466.37 453,070.20 698,500.00 (402,537.36) - - 1,746,500.00 231,405.35 Program: 3400 - Meter Service Total:3400 - Meter Service 17,207.01 197,863.82 270,000.00 - 747.25 - - - - 270,000.00 71,388.93 Program: 4000 - Engineering Surplus Total:4000 - Engineering 30,817.95 441,865.78 841,300.00 13,181.83 197,893.93 382,700.00 - - - 1,224,000.00 584,240.29 Program: 5000 - Water Production Total:5000 - Water Production 280,850.17 4,283,961.61 5,657,000.00 - - - - - - 5,657,000.00 1,373,038.39 Program: 5100 - Water Treatment Total:5100 - Water Treatment 40,650.67 876,815.64 1,090,000.00 - - - - - - 1,090,000.00 213,184.36 Program: 5200 - Water Quality Total:5200 - Water Quality 24,256.02 345,007.02 507,000.00 - - - - - - 507,000.00 161,992.98 Program: 6000 - Field Maintenance Administration Total:6000 - Field Maintenance Administration 26,325.81 302,512.33 392,700.00 2,814.15 35,649.41 48,300.00 - - - 441,000.00 102,838.26 Program: 6100 - Water Maintenance Total:6100 - Water Maintenance 232,701.82 2,802,736.79 3,017,000.00 - - - - - - 3,017,000.00 214,263.21 Program: 6200 - Wastewater Maintenance Total:6200 - Wastewater Maintenance - - - 67,590.64 705,653.71 880,000.00 - - - 880,000.00 174,346.29 Program: 6200 - Wastewater Maintenance Total:6300 - Water Reclamation - - - - - - 675,016.21 7,721,351.69 9,111,000.00 9,111,000.00 1,389,648.31 Program: 7000 - Facilities Maintenance Total:7000 - Facilities Maintenance 46,282.96 833,065.51 1,088,500.00 18,947.28 278,560.01 322,000.00 43,579.23 622,121.47 728,000.00 2,138,500.00 404,753.01 Program: 7100 - Fleet Maintenance Total:7100 - Fleet Maintenance 49,652.45 545,534.80 680,900.00 3,639.27 79,508.94 70,100.00 - - - 751,000.00 125,956.26 Program: 8000 - Capital Total:8000 - Capital 62,504.40 621,854.62 7,595,000.00 124,013.69 280,252.93 1,064,000.00 - - - 8,659,000.00 7,756,892.45 Expense Total:1,598,532.17 17,192,442.51 28,515,000.00 382,981.59 3,876,603.87 5,786,000.00 316,058.08 8,352,284.45 9,851,000.00 44,152,000.00 14,730,669.17 Total Surplus (Deficit):360,800.13$ 7,384,247.62$ -$ 252,540.07$ 1,768,696.88$ -$ 506,958.70$ 32,993.83$ -$ -$ (9,185,938.33)$ . WATER WASTEWATER DISTRICT WIDE Revenue and Expense Budget-to-Actual by Program Month Ended April 30, 2023 Unaudited RECLAMATION Page 3 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 - Water SalesWater Sales 787,981.66$ 14,323,162.56$ 17,700,000.00$ -$ -$ -$ -$ -$ -$ 17,700,000.00$ 3,376,837.44$ 42 - Meter ChargesMeter Charges 829,748.00 8,154,393.29 9,785,000.00 - - - - - - 9,785,000.00 1,630,606.71 43 - PenaltiesPenalties 46,023.34 484,192.07 468,000.00 4,353.47 50,655.72 60,000.00 - - - 528,000.00 (6,847.79) 44 - Wastewater System ChargesWastewater System Charges - - - 478,903.89 4,666,048.66 5,621,000.00 - - - 5,621,000.00 954,951.34 45 - Wastewater Treatment ChargesWastewater Treatment Charges - - - - - - 823,016.78 8,385,278.28 9,851,000.00 9,851,000.00 1,465,721.72 46 - Other Operating RevenueOther Operating Revenue 166,136.80 1,273,464.36 442,000.00 145,799.73 895,282.43 100,000.00 - - - 542,000.00 (1,626,746.79) 47 - Non Operating RevenueNon Operating Revenue 105,773.75 317,809.10 120,000.00 - 26,849.37 5,000.00 - - - 125,000.00 (219,658.47) 48 - Gain or Loss on DispositionGain or Loss on Disposition 23,668.75 23,668.75 - 6,464.57 6,464.57 - - - - - (30,133.32) 56 - BenefitsBenefits - - - - - - - - - - - 68 - DepreciationDepreciation - - - - - - - - - - - Revenue Total:1,959,332.30 24,576,690.13 28,515,000.00 635,521.66 5,645,300.75 5,786,000.00 823,016.78 8,385,278.28 9,851,000.00 44,152,000.00 5,544,730.84 - - - - - - - - Program: 1000 - Board of Directors - - - - - 51 - LaborLabor 6,930.00$ 64,260.00$ 94,500.00$ 2,970.00$ 27,540.00$ 40,500.00$ -$ -$ -$ 135,000.00$ 43,200.00$ 56 - BenefitsBenefits 4,157.55 41,620.84 61,600.00 1,781.80 17,837.35 26,400.00 - - - 88,000.00 28,541.81 62 - Materials and SuppliesMaterials and Supplies - - 1,400.00 - - 600.00 - - - 2,000.00 2,000.00 63 - Contract ServicesContract Services - 70,000.00 100,800.00 - 30,000.00 43,200.00 - - - 144,000.00 44,000.00 65 - Professional DevelopmentProfessional Development 740.25 12,952.95 17,500.00 29.70 3,659.87 7,500.00 - - - 25,000.00 8,387.18 Program: 1000 - Board of Directors Total:11,827.80 188,833.79 275,800.00 4,781.50 79,037.22 118,200.00 - - - 394,000.00 126,128.99 - - - - - - Program: 2000 - General Administration - - - - - 51 - LaborLabor 29,156.75 287,148.90 367,500.00 12,218.06 122,672.11 157,500.00 - - - 525,000.00 115,178.99 52 - Temporary LaborTemporary Labor - - 21,000.00 - - 9,000.00 - - - 30,000.00 30,000.00 53 - OvertimeOvertime 143.23 1,146.57 2,800.00 61.39 491.36 1,200.00 - - - 4,000.00 2,362.07 56 - BenefitsBenefits 10,401.63 180,935.84 181,300.00 3,416.28 67,962.57 77,700.00 - - - 259,000.00 10,101.59 62 - Materials and SuppliesMaterials and Supplies 96.18 1,101.94 4,900.00 41.23 472.24 2,100.00 - - - 7,000.00 5,425.82 63 - Contract ServicesContract Services 10,206.20 155,084.50 221,200.00 4,374.08 66,464.80 95,100.00 - - - 316,300.00 94,750.70 64 - UtilitiesUtilities 116.63 1,024.94 4,200.00 49.98 439.24 1,500.00 - - - 5,700.00 4,235.82 65 - Professional DevelopmentProfessional Development 1.05 73,456.45 102,900.00 0.45 31,481.34 44,100.00 - - - 147,000.00 42,062.21 Program: 2000 - General Administration Total:50,121.67 699,899.14 905,800.00 20,161.47 289,983.66 388,200.00 - - - 1,294,000.00 304,117.20 - - - - - - Program: 2100 - Human Resources - - - - - - 51 - LaborLabor 15,756.72 158,903.70 214,900.00 6,752.88 67,823.97 92,100.00 - - - 307,000.00 80,272.33 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 60.33 1,265.14 2,100.00 25.86 528.32 900.00 - - - 3,000.00 1,206.54 56 - BenefitsBenefits 4,569.45 124,375.05 123,900.00 1,958.33 52,945.87 53,100.00 - - - 177,000.00 (320.92) 62 - Materials and SuppliesMaterials and Supplies 41.78 1,261.84 4,900.00 17.90 540.77 2,100.00 - - - 7,000.00 5,197.39 63 - Contract ServicesContract Services 3,821.22 78,574.67 77,000.00 1,637.67 31,986.32 33,300.00 - - - 110,300.00 (260.99) 64 - UtilitiesUtilities 40.45 403.05 700.00 17.34 172.74 - - - - 700.00 124.21 65 - Professional DevelopmentProfessional Development 3,731.88 36,978.40 42,700.00 1,599.37 15,804.94 18,300.00 - - - 61,000.00 8,216.66 67 - OtherOther 5,329.91 1,207,419.95 952,700.00 2,284.25 358,311.63 286,300.00 - 8,811.29 12,000.00 1,251,000.00 (323,542.87) Program: 2100 - Human Resources Total:33,351.74 1,609,181.80 1,418,900.00 14,293.60 528,114.56 486,100.00 - 8,811.29 12,000.00 1,917,000.00 (229,107.65) - - - - - - Program: 2200 - Public Affairs - - - - - - 51 - LaborLabor 33,397.58 357,203.20 412,300.00 14,313.26 153,087.03 176,700.00 - - - 589,000.00 78,709.77 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 297.54 5,676.78 11,900.00 127.52 2,432.91 5,100.00 - - - 17,000.00 8,890.31 56 - BenefitsBenefits 9,597.69 143,273.27 170,100.00 4,054.09 61,342.83 72,900.00 - - - 243,000.00 38,383.90 62 - Materials and SuppliesMaterials and Supplies - 75,900.73 56,000.00 - 29,041.46 24,000.00 - - - 80,000.00 (24,942.19) 63 - Contract ServicesContract Services - 172,285.01 407,400.00 - 153,979.42 185,100.00 - - - 592,500.00 266,235.57 64 - UtilitiesUtilities 701.96 12,027.30 26,600.00 300.84 12,061.56 900.00 - - - 27,500.00 3,411.14 65 - Professional DevelopmentProfessional Development - 11,512.21 20,300.00 - 4,933.82 8,700.00 - - - 29,000.00 12,553.97 Program: 2200 - Public Affairs Total:43,994.77 777,878.50 1,104,600.00 18,795.71 416,879.03 473,400.00 - - - 1,578,000.00 383,242.47 - - - - - - Program: 2300 - Conservation - - - - - - 51 - LaborLabor 7,921.60 84,744.70 107,000.00 - - - - - - 107,000.00 22,255.30 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 1,076.85 3,898.92 7,000.00 - - - - - - 7,000.00 3,101.08 56 - BenefitsBenefits 2,821.09 27,316.83 40,000.00 - - - - - - 40,000.00 12,683.17 62 - Materials and SuppliesMaterials and Supplies 12,324.50 74,361.09 223,000.00 - - - - - - 223,000.00 148,638.91 63 - Contract ServicesContract Services - 156,827.09 442,000.00 - - - - - - 442,000.00 285,172.91 64 - UtilitiesUtilities 32.34 15,923.74 26,000.00 - - - - - - 26,000.00 10,076.26 65 - Professional DevelopmentProfessional Development - 7,696.44 17,000.00 - - - - - - 17,000.00 9,303.56 Program: 2300 - Conservation Total:24,176.38 370,768.81 862,000.00 - - - - - - 862,000.00 491,231.19 Program: 3000 - Finance - - - - - - 51 - LaborLabor 31,809.14 338,728.19 490,000.00 13,599.66 145,038.69 210,000.00 - - - 700,000.00 216,233.12 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 1,181.96 4,393.92 9,100.00 506.56 1,883.09 3,900.00 - - - 13,000.00 6,722.99 56 - BenefitsBenefits 9,491.59 168,075.92 222,600.00 4,062.26 72,019.20 95,400.00 - - - 318,000.00 77,904.88 62 - Materials and SuppliesMaterials and Supplies 105.29 2,705.99 8,400.00 45.11 1,119.58 3,600.00 - - - 12,000.00 8,174.43 63 - Contract ServicesContract Services 45.00 52,426.99 80,500.00 - 22,235.22 134,500.00 - - - 215,000.00 140,337.79 64 - UtilitiesUtilities 81.72 1,523.56 2,800.00 35.03 652.95 1,200.00 - - - 4,000.00 1,823.49 65 - Professional DevelopmentProfessional Development - 6,516.91 6,300.00 - 2,792.93 2,700.00 - - - 9,000.00 (309.84) 67 - OtherOther - - - - - - - - - - - Program: 3000 - Finance Total:42,714.70 574,371.48 819,700.00 18,248.62 245,741.66 451,300.00 - - - 1,271,000.00 450,886.86 - - - - - - Month Ended April 30, 2023 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDERECLAMATION Page 4 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended April 30, 2023 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDERECLAMATION Program: 3200 - Information Technology - - - - - - 51 - LaborLabor 20,280.97 209,888.42 266,000.00 8,691.83 92,928.06 114,000.00 - - - 380,000.00 77,183.52 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime - 301.39 - - 129.17 - - - - - (430.56) 56 - BenefitsBenefits 6,288.32 129,971.96 148,400.00 2,694.97 56,312.19 63,600.00 - - - 212,000.00 25,715.85 62 - Materials and SuppliesMaterials and Supplies 1,120.83 42,677.61 32,200.00 480.36 18,290.45 13,800.00 - - - 46,000.00 (14,968.06) 63 - Contract ServicesContract Services 36,905.92 260,140.65 483,700.00 15,816.80 111,300.12 207,300.00 - - - 691,000.00 319,559.23 64 - UtilitiesUtilities 848.17 14,836.20 8,400.00 363.50 6,358.36 3,600.00 - - - 12,000.00 (9,194.56) 65 - Professional DevelopmentProfessional Development - 450.39 2,100.00 - 193.01 900.00 - - - 3,000.00 2,356.60 Program: 3200 - Information Technology Total:65,444.21 658,266.62 940,800.00 28,047.46 285,511.36 403,200.00 - - - 1,344,000.00 400,222.02 - - - - - - Program: 3300 - Customer Service - - - - - - 51 - LaborLabor 134,303.22 277,441.88 319,800.00 11,676.78 119,713.17 213,200.00 (107,057.37) - - 533,000.00 135,844.95 52 - Temporary LaborTemporary Labor 15,084.12 32,002.48 - 1,026.56 13,715.37 - (12,688.79) - - - (45,717.85) 53 - OvertimeOvertime 3,923.45 8,735.86 4,200.00 233.80 3,820.69 2,800.00 (3,377.96) - - 7,000.00 (5,556.55) 56 - BenefitsBenefits 67,330.73 144,375.11 184,200.00 4,394.94 62,073.92 122,800.00 (57,076.05) - - 307,000.00 100,550.97 62 - Materials and SuppliesMaterials and Supplies 1,594.33 3,382.87 4,200.00 108.38 1,449.78 2,800.00 (1,341.43) - - 7,000.00 2,167.35 63 - Contract ServicesContract Services 235,522.77 479,496.91 459,600.00 22,953.24 205,146.42 347,200.00 (181,965.24) - - 806,800.00 122,156.67 64 - UtilitiesUtilities 57,237.31 108,439.51 66,000.00 8,072.43 46,474.06 3,200.00 (38,401.65) - - 69,200.00 (85,713.57) 65 - Professional DevelopmentProfessional Development 625.87 1,460.37 6,400.00 - 625.87 4,100.00 (625.87) - - 10,500.00 8,413.76 67 - OtherOther 29.84 6,689.46 3,600.00 0.24 50.92 2,400.00 (3.00) - - 6,000.00 (740.38) Program: 3300 - Customer Service Total:515,651.64 1,062,024.45 1,048,000.00 48,466.37 453,070.20 698,500.00 (402,537.36) - - 1,746,500.00 231,405.35 - - - - - - Program: 3400 - Meter Service - - - - - - 51 - LaborLabor 12,061.82 126,767.09 164,000.00 - 447.84 - - - - 164,000.00 36,785.07 53 - OvertimeOvertime 57.11 2,289.16 6,000.00 - - - - - - 6,000.00 3,710.84 56 - BenefitsBenefits 4,956.84 66,678.26 96,000.00 - 299.41 - - - - 96,000.00 29,022.33 62 - Materials and SuppliesMaterials and Supplies - - 1,000.00 - - - - - - 1,000.00 1,000.00 63 - Contract ServicesContract Services 20.71 1,058.35 2,000.00 - - - - - - 2,000.00 941.65 64 - UtilitiesUtilities 110.53 1,070.96 1,000.00 - - - - - - 1,000.00 (70.96) 65 - Professional DevelopmentProfessional Development - - - - - - - - - - - Program: 3400 - Meter Service Total:17,207.01 197,863.82 270,000.00 - 747.25 - - - - 270,000.00 71,388.93 - - - - - - Program: 4000 - Engineering - - - - - - 51 - LaborLabor 23,146.71 296,621.07 392,600.00 9,920.03 126,604.09 175,400.00 - - - 568,000.00 144,774.84 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime - - 2,100.00 - - 900.00 - - - 3,000.00 3,000.00 56 - BenefitsBenefits 7,058.76 68,271.90 135,100.00 3,025.03 29,344.72 57,900.00 - - - 193,000.00 95,383.38 62 - Materials and SuppliesMaterials and Supplies 159.09 2,637.78 13,300.00 68.18 840.03 5,700.00 - - - 19,000.00 15,522.19 63 - Contract ServicesContract Services 245.00 34,050.08 207,700.00 105.00 13,556.17 134,300.00 - - - 342,000.00 294,393.75 64 - UtilitiesUtilities 148.39 34,740.56 80,900.00 63.59 25,980.52 100.00 - - - 81,000.00 20,278.92 65 - Professional DevelopmentProfessional Development 60.00 5,544.39 9,600.00 - 1,568.40 8,400.00 - - - 18,000.00 10,887.21 Program: 4000 - Engineering Total:30,817.95 441,865.78 841,300.00 13,181.83 197,893.93 382,700.00 - - - 1,224,000.00 584,240.29 - - - - - - Program: 5000 - Water Production - - - - - - 51 - LaborLabor 53,998.60 608,312.29 731,000.00 - - - - - - 731,000.00 122,687.71 53 - OvertimeOvertime 2,739.57 26,345.27 50,000.00 - - - - - - 50,000.00 23,654.73 54 - StandbyStandby 1,140.00 11,402.00 15,000.00 - - - - - - 15,000.00 3,598.00 56 - BenefitsBenefits 17,689.38 316,328.04 404,000.00 - - - - - - 404,000.00 87,671.96 61 - Water SupplyWater Supply - 411,251.50 486,000.00 - - - - - - 486,000.00 74,748.50 62 - Materials and SuppliesMaterials and Supplies 32,746.61 218,239.75 335,000.00 - - - - - - 335,000.00 116,760.25 63 - Contract ServicesContract Services 12,178.08 167,622.91 561,000.00 - - - - - - 561,000.00 393,377.09 64 - UtilitiesUtilities 159,158.93 2,509,099.51 3,064,000.00 - - - - - - 3,064,000.00 554,900.49 65 - Professional DevelopmentProfessional Development 1,199.00 15,360.34 11,000.00 - - - - - - 11,000.00 (4,360.34) Program: 5000 - Water Production Total:280,850.17 4,283,961.61 5,657,000.00 - - - - - - 5,657,000.00 1,373,038.39 - - - - - - Program: 5100 - Water Treatment - - - - - - 51 - LaborLabor 20,076.80 185,739.39 261,000.00 - - - - - - 261,000.00 75,260.61 53 - OvertimeOvertime 2,780.09 50,293.59 39,000.00 - - - - - - 39,000.00 (11,293.59) 56 - BenefitsBenefits 5,892.23 122,295.78 159,000.00 - - - - - - 159,000.00 36,704.22 62 - Materials and SuppliesMaterials and Supplies 3,684.49 266,889.96 300,000.00 - - - - - - 300,000.00 33,110.04 63 - Contract ServicesContract Services 2,578.36 141,909.53 149,000.00 - - - - - - 149,000.00 7,090.47 64 - UtilitiesUtilities 5,638.70 109,687.39 182,000.00 - - - - - - 182,000.00 72,312.61 Program: 5100 - Water Treatment Total:40,650.67 876,815.64 1,090,000.00 - - - - - - 1,090,000.00 213,184.36 - - - - - - Program: 5200 - Water Quality - - - - - - 51 - LaborLabor 16,651.20 176,509.78 238,000.00 - - - - - - 238,000.00 61,490.22 53 - OvertimeOvertime 681.03 4,086.55 12,000.00 - - - - - - 12,000.00 7,913.45 56 - BenefitsBenefits 4,349.87 72,286.26 114,000.00 - - - - - - 114,000.00 41,713.74 62 - Materials and SuppliesMaterials and Supplies 117.40 15,507.64 20,000.00 - - - - - - 20,000.00 4,492.36 63 - Contract ServicesContract Services 2,303.38 73,255.75 115,000.00 - - - - - - 115,000.00 41,744.25 64 - UtilitiesUtilities - - 2,000.00 - - - - - - 2,000.00 2,000.00 65 - Professional DevelopmentProfessional Development 153.14 3,361.04 6,000.00 - - - - - - 6,000.00 2,638.96 Program: 5200 - Water Quality Total:24,256.02 345,007.02 507,000.00 - - - - - - 507,000.00 161,992.98 - - - - - - Page 5 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended April 30, 2023 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDERECLAMATION Program: 6000 - Field Maintenance Administration - - - - - - 51 - LaborLabor 16,388.05 140,952.24 180,900.00 1,807.63 17,585.22 20,100.00 - - - 201,000.00 42,462.54 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime - 1,144.08 1,800.00 - 127.12 200.00 - - - 2,000.00 728.80 54 - StandbyStandby 1,508.00 19,331.00 18,000.00 112.00 1,515.92 2,000.00 - - - 20,000.00 (846.92) 56 - BenefitsBenefits 6,146.11 104,290.27 126,000.00 661.49 11,814.48 14,000.00 - - - 140,000.00 23,895.25 62 - Materials and SuppliesMaterials and Supplies - 47.88 2,700.00 - - 300.00 - - - 3,000.00 2,952.12 63 - Contract ServicesContract Services 8.47 2,522.76 8,600.00 0.94 391.15 3,400.00 - - - 12,000.00 9,086.09 64 - UtilitiesUtilities 2,088.81 27,082.86 43,900.00 232.09 2,878.70 7,100.00 - - - 51,000.00 21,038.44 65 - Professional DevelopmentProfessional Development 186.37 7,141.24 10,800.00 - 1,336.82 1,200.00 - - - 12,000.00 3,521.94 Program: 6000 - Field Maintenance Administration Total:26,325.81 302,512.33 392,700.00 2,814.15 35,649.41 48,300.00 - - - 441,000.00 102,838.26 - - - - - - Program: 6100 - Water Maintenance - - - - - - 51 - LaborLabor 76,784.34 867,642.67 1,153,000.00 - - - - - - 1,153,000.00 285,357.33 53 - OvertimeOvertime 27,873.11 284,306.31 219,000.00 - - - - - - 219,000.00 (65,306.31) 56 - BenefitsBenefits 29,894.90 466,326.42 502,000.00 - - - - - - 502,000.00 35,673.58 62 - Materials and SuppliesMaterials and Supplies 68,662.28 742,893.15 501,000.00 - - - - - - 501,000.00 (241,893.15) 63 - Contract ServicesContract Services 29,487.19 437,923.24 637,000.00 - - - - - - 637,000.00 199,076.76 64 - UtilitiesUtilities - 3,645.00 5,000.00 - - - - - - 5,000.00 1,355.00 Program: 6100 - Water Maintenance Total:232,701.82 2,802,736.79 3,017,000.00 - - - - - - 3,017,000.00 214,263.21 - - - - - - Program: 6200 - Wastewater Maintenance - - - - - - 51 - LaborLabor - - - 33,128.98 282,854.05 362,000.00 - - - 362,000.00 79,145.95 53 - OvertimeOvertime - - - 3,207.60 26,955.58 9,000.00 - - - 9,000.00 (17,955.58) 56 - BenefitsBenefits - - - 11,369.52 95,784.09 196,000.00 - - - 196,000.00 100,215.91 62 - Materials and SuppliesMaterials and Supplies - - - - 11,703.27 36,000.00 - - - 36,000.00 24,296.73 Wastewater Treatment - - - - - 7,610,000.00 - - - 7,610,000.00 7,610,000.00 63 - Contract ServicesContract Services - - - 19,884.54 288,356.72 (7,333,000.00) - - - (7,333,000.00) (7,621,356.72) Program: 6200 - Wastewater Maintenance Total:- - - 67,590.64 705,653.71 880,000.00 - - - 880,000.00 174,346.29 - - - - - - Program: 6300 - Water Reclamation - - - - - - 51 - LaborLabor - - - - - - 33,007.71 366,079.49 470,000.00 470,000.00 103,920.51 53 - OvertimeOvertime - - - - - - - 6,113.74 7,000.00 7,000.00 886.26 54 - StandbyStandby - - - - - - - - - - - 56 - BenefitsBenefits - - - - - - 10,027.41 214,429.38 300,000.00 300,000.00 85,570.62 62 - Materials and SuppliesMaterials and Supplies - - - - - - - 6,339.37 107,000.00 107,000.00 100,660.63 63 - Contract ServicesContract Services - - - - - - 618,314.15 6,976,848.35 8,136,000.00 8,136,000.00 1,159,151.65 64 - UtilitiesUtilities - - - - - - 13,556.94 151,360.09 79,000.00 79,000.00 (72,360.09) 65 - Professional DevelopmentProfessional Development - - - - - - 110.00 181.27 12,000.00 12,000.00 11,818.73 Program: 6300 - Water Reclamation Total:- - - - - - 675,016.21 7,721,351.69 9,111,000.00 9,111,000.00 1,389,648.31 - - - - - - Program: 7000 - Facilities Maintenance - - - - - - 51 - LaborLabor 7,603.03 80,064.16 101,500.00 3,246.50 33,549.15 40,600.00 4,474.56 44,909.66 60,900.00 203,000.00 44,477.03 53 - OvertimeOvertime 1,317.57 10,174.40 7,000.00 329.40 2,771.05 2,800.00 - 909.83 4,200.00 14,000.00 144.72 56 - BenefitsBenefits 2,966.19 62,605.25 55,000.00 1,175.15 19,356.10 22,000.00 1,491.66 23,350.82 33,000.00 110,000.00 4,687.83 62 - Materials and SuppliesMaterials and Supplies 713.56 35,567.22 37,000.00 285.41 7,531.84 8,400.00 2,660.17 52,872.19 12,600.00 58,000.00 (37,971.25) 63 - Contract ServicesContract Services 25,867.80 531,494.34 795,600.00 11,394.04 180,294.10 215,500.00 28,120.55 408,602.44 368,400.00 1,379,500.00 259,109.12 64 - UtilitiesUtilities 7,814.81 113,160.14 92,000.00 2,516.78 35,057.77 32,400.00 6,832.29 91,476.53 248,600.00 373,000.00 133,305.56 65 - Professional DevelopmentProfessional Development - - 400.00 - - 300.00 - - 300.00 1,000.00 1,000.00 Program: 7000 - Facilities Maintenance Total:46,282.96 833,065.51 1,088,500.00 18,947.28 278,560.01 322,000.00 43,579.23 622,121.47 728,000.00 2,138,500.00 404,753.01 - - - Program: 7100 - Fleet Maintenance - - - - - - 51 - LaborLabor - 55,064.14 81,900.00 - 5,903.95 9,100.00 - - - 91,000.00 30,031.91 53 - OvertimeOvertime - 794.19 2,700.00 - 88.24 300.00 - - - 3,000.00 2,117.57 56 - BenefitsBenefits - 14,552.49 49,500.00 - 1,613.85 5,500.00 - - - 55,000.00 38,833.66 62 - Materials and SuppliesMaterials and Supplies 6,317.37 103,449.38 95,400.00 701.93 16,446.30 10,600.00 - - - 106,000.00 (13,895.68) 63 - Contract ServicesContract Services 25,032.16 187,319.12 237,000.00 903.69 34,972.70 24,100.00 - - - 261,100.00 38,808.18 64 - UtilitiesUtilities 18,302.92 184,355.48 210,800.00 2,033.65 20,483.90 20,100.00 - - - 230,900.00 26,060.62 65 - Professional DevelopmentProfessional Development - - 3,600.00 - - 400.00 - - - 4,000.00 4,000.00 Program: 7100 - Fleet Maintenance Total:49,652.45 545,534.80 680,900.00 3,639.27 79,508.94 70,100.00 - - - 751,000.00 125,956.26 - - - Program: 8000 - Capital - - - - - 71 - Debt ServiceDebt Service - 1,749,715.68 3,080,000.00 - 224,894.00 274,000.00 - - - 3,354,000.00 1,379,390.32 81 - Capital ImprovementCapital Improvement 314,212.73 4,597,602.24 5,075,000.00 (5,555.00) 468,124.91 315,000.00 - - - 5,390,000.00 324,272.85 82 - Capital OutlayCapital Outlay 62,504.40 297,900.41 640,000.00 124,013.69 230,358.93 475,000.00 - - - 1,115,000.00 586,740.66 83 - Accounting Income Add backAccounting Income Add back (314,212.73) (6,023,363.71) - 5,555.00 (643,124.91) - - - - - 6,666,488.62 88 - Transfer from ReservesTransfer to Reserves - - - - - - - - - - - 99 - 99Transfer from Reserves - - (1,200,000.00) - - - - - - (1,200,000.00) (1,200,000.00) Program: 8000 - Capital Total:62,504.40 621,854.62 7,595,000.00 124,013.69 280,252.93 1,064,000.00 - - - 8,659,000.00 7,756,892.45 Total Surplus (Deficit):360,800.13$ 7,384,247.62$ -$ 252,540.07$ 1,768,696.88$ -$ 506,958.70$ 32,993.83$ -$ -$ (9,185,938.33)$ Page 6 of 6 Agenda Item #3d May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #3d Consent Item 7 8 2 Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Investment Transaction Report for Month Ended April 30, 2023 RECOMMENDATION That the Board of Directors approve the attached Investment Transaction Report for the month ended April 30, 2023. BACKGROUND / ANALYSIS California Government Code §53607 requires the CFO/Treasurer of a public agency to submit a monthly investment transaction report to the Board of Directors (Board) when the Board has delegated to the CFO/Treasurer the authority to invest, reinvest, sell, or exchange securities held in the Agency’s investment portfolio. During April the District maintained a balance of $7,173,805 in funds invested with LAIF. There was one deposit of interest earned for the previous quarter for $48,350, and no maturities or withdrawals, leaving the account with a month end balance of $7,222,155. Investments with Citizens Business Bank Wealth Management (CBB) totaled $5,993,486 at the beginning of April. Earnings added $4,512 to the account, while fees reduced the balance by $721. There were no purchases, sales, or maturities of portfolio assets during April, leaving the Wealth Management account balance at $5,997,277 at month end. This balance is split between a mutual fund ($592,974) and federal securities shown on the attached schedule with a total balance of $5,404,303. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management REVIEW BY OTHERS This agenda item has been reviewed by the Finance Department. Agenda Item #3d May 24, 20232 Meeting Date: May 24, 2023 Agenda Item #3d Consent Item 7 8 2 FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS 1. Investment Transaction Report for Month Ended April 30 2023 2. LAIF Statement for April 2023 EAST VALLEY WATER DISTRICT Investment Activity Month Ended Apirl 30, 2023 Activity (Book Value) Purch Date Units / Face Value Maturity Date Amort Cost Adjustment Adjusted Cost 4/1/2023 Matured / Called Adjusted Cost 4/30/2023 Market ValueIssuerCUSIPYield4/1/2023 Purchases Total Water Sewer 10/19/21 03/31/21 01/21/20 05/29/20 08/31/22 07/30/20 08/06/20 09/30/21 03/30/21 03/30/21 03/30/21 09/20/21 09/30/21 10/18/21 10/26/21 10/27/21 10/28/21 11/24/21 11/30/21 11/30/21 08/30/22 11/23/21 US Treasury Note US Treasury Note Tenn Valley Authority US Treasury Note US Treasury N/B 91282CAZ4 9128CBT7 0.375% 0.750% 2.875% 0.125% 3.125% 0.550% 0.625% 1.030% 1.000% 0.800% 0.750% 0.250% 1.020% 0.550% 1.250% 0.480% 0.850% 0.600% 1.000% 1.050% 3.700% 1.430% 500,000 11/30/25 03/31/26 09/15/24 05/15/23 08/31/24 07/30/24 08/19/25 09/30/26 03/30/26 05/30/25 06/30/25 12/28/23 09/30/26 10/29/25 10/26/26 09/01/23 10/28/24 11/24/23 02/28/25 11/25/24 02/28/24 11/23/26 490,502.19 495,703.13 306,915.11 299,203.13 299,740.76 249,937.50 100,000.00 200,000.00 300,000.00 300,000.00 200,000.00 114,902.25 400,000.00 197,411.64 299,997.00 100,005.46 100,000.00 200,000.00 200,000.00 99,985.00 490,502.19 495,703.13 306,915.11 299,203.13 299,740.76 249,937.50 100,000.00 200,000.00 300,000.00 300,000.00 200,000.00 114,902.25 400,000.00 197,411.64 299,997.00 100,005.46 100,000.00 200,000.00 200,000.00 99,985.00 490,502.19 495,703.13 306,915.11 299,203.13 299,740.76 249,937.50 100,000.00 200,000.00 300,000.00 300,000.00 200,000.00 114,902.25 400,000.00 197,411.64 299,997.00 100,005.46 100,000.00 200,000.00 200,000.00 99,985.00 490,502.19 495,703.13 306,915.11 299,203.13 299,740.76 249,937.50 100,000.00 457,365.00 458,985.00 292,788.00 299,484.00 294,996.00 236,590.00 92,046.00 180,056.00 273,618.00 278,529.00 185,256.00 111,310.80 359,988.00 182,786.00 271,680.00 98,390.00 500,000 300,000 300,000 300,000 250,000 100,000 200,000 300,000 300,000 200,000 115,000 400,000 200,000 300,000 100,000 100,000 200,000 200,000 100,000 250,000 200,000 880591ER9 912828ZP8 91282CFG1 3130AJUN7 3134GWMY9 3030APAZ8 3130ALUF9 3130ALPB4 3130ALU93 3130AKL79 3130AP6M2 3130AKC95 3130APJ55 3130AJK24 3130APLB9 3130APWP6 3130APUY9 3130AQ2H5 3130AT2N6 3133ENEM8 Federal Home Loan Bank Freddie Mac Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Farm Credit Bank 200,000.00 300,000.00 300,000.00 200,000.00 114,902.25 400,000.00 197,411.64 299,997.00 100,005.46 100,000.00 200,000.00 200,000.00 99,985.00 94,369.00 195,208.00 187,328.00 94,481.00 246,825.00 181,308.00 250,000.00 200,000.00 250,000.00 200,000.00 250,000.00 200,000.00 250,000.00 200,000.00 5,415,000.00 5,404,303.17 -5,404,303.17 --5,404,303.17 3,556,904.07 1,847,399.10 5,073,386.80 Attachment A Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 May 11, 2023 LAIF Home PMIA Average Monthly Yields EAST VALLEY WATER DISTRICT CHIEF FINANCIAL OFFICER P.O. BOX 3427 SAN BERNARDINO, CA 92413 Account Number: April 2023 Statement Tran Type Definitions Effective Date Transaction Date Tran Type Confirm Number Web Confirm Number Authorized Caller Amount 4/14/2023 4/13/2023 QRD 1727599 N/A SYSTEM 48,350.30 Account Summary Total Deposit:48,350.30 Beginning Balance:7,173,804.55 Total Withdrawal:0.00 Ending Balance:7,222,154.85 Agenda Item #3e May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #3e Consent Item 7 8 7 Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: April 2023 Disbursements: Accounts payable disbursements for the period include check numbers 261055 through 261167, bank drafts, and ACH payments in the amount of $2,466,874.67 and $474,895.22 for payroll RECOMMENDATION That the Board of Directors approve the District's expense disbursements for the period April 1, 2023 through April 30, 2023 in the amount of $2,941,769.89. BACKGROUND / ANALYSIS In the continued effort to be fiscally transparent, the payment register for supplies, materials, services, and payroll for April 2023 is attached for review and approval. This process provides the Board of Directors and the public with an opportunity to review the expenses of the District. Accounts Payable are processed weekly, while payroll is processed bi-weekly. Information to justify each expenditure is available through the Finance Department. Accounts payable disbursements for the period include check numbers 261055 through 261167, bank drafts, and ACH Payments in the amount of $2,466,874.67 and $474,895.22, for payroll. Significant expenses greater than or equal to $50,000 are further explained below: PA YMENT #VENDOR DESCRIPTION A MOUNT 261074 PACIFIC HYDROTECH CORPORATION INVOICE #17 - $189,010.00 LES S RET ENTION $18,901.00 FOR PLANT 134 GRANULAR ACTIVATED CARBON INS TALLAT ION (CIP PROJECT) 170,109.00$ 261078 S OUTHERN CALIFORNIA EDIS ON COMPANY ELECTRICIT Y COS T S DUE APRIL 2023 166,357.93$ 261132 LOGICALIS , INC S NRC S WIT CHES AND MERAKI APS (CAPITAL OUT LAY)52,231.43$ 261133 PACIFIC TRUCK EQUIPMENT EQUIPMENT FOR CREW TRUCK (CAPITAL OUT LAY)109,128.80$ Agenda Item #3e May 24, 20232 Meeting Date: May 24, 2023 Agenda Item #3e Consent Item 7 8 7 AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management REVIEW BY OTHERS This agenda item has been reviewed by the Finance Department. FISCAL IMPACT This item is funded in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS April 2023 Payment Register PA YMENT #VENDOR DESCRIPTION A MOUNT 261136 S AN BERNARDINO MUNICIPAL WATER DEPARTMENT WAS TEWAT ER TREATMENT FOR MARCH 2023 679,002.76$ 261137 S OUTHERN CALIFORNIA EDIS ON COMPANY ELECTRICIT Y COS T S DUE APRIL 2023 165,863.20$ PAYMENT REGISTER APRIL 1, 2023 - APRIL 30, 2023 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 4/6/2023 261055 ADOBE INC.11,055.00 4/6/2023 261056 AMERICAN FIDELITY ASSURANCE COMPANY 3,073.43 4/6/2023 261057 AMERICAN FIDELITY ASSURANCE COMPANY (FSA)1,126.22 4/6/2023 261058 APPLEONE EMPLOYMENT SERVICE 1,141.60 4/6/2023 261059 AT&T 1,270.34 4/6/2023 261060 BALFOUR BEATTY INFRASTRUCTURE, INC 5,000.00 4/6/2023 261061 BURRTEC WASTE/ 5455 Industrial pkwy 722.16 4/6/2023 261062 BURRTEC WASTE/ E. 111 MILL ST 2,065.27 4/6/2023 261063 DAILY JOURNAL CORPORATION 187.78 4/6/2023 261064 DIB'S SAFE & LOCK SERVICE 8.16 4/6/2023 261065 DIRECTV 277.98 4/6/2023 261066 EVERSOFT, INC 283.80 4/6/2023 261067 EYE MED VISION CARE 1,505.04 4/6/2023 261068 FIRST CHOICE SERVICES 913.37 4/6/2023 261069 INLAND WATER WORKS SUPPLY CO 23,449.42 4/6/2023 261070 K.D. Acoustics 2,740.00 4/6/2023 261071 KONICA MINOLTA BUSINESS SOLUTIONS 16,177.86 4/6/2023 261072 LA VERNE POWER EQUIPMENT, INC.528.94 4/6/2023 261073 McPeak Corporation 8,400.00 4/6/2023 261074 PACIFIC HYDROTECH CORPORATION 170,109.00 4/6/2023 261075 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 180.00 4/6/2023 261076 SO CAL GAS 1,665.73 4/6/2023 261077 Solitude Lake Management LLC 1,225.00 4/6/2023 261078 SOUTHERN CALIFORNIA EDISON COMPANY 166,357.93 4/6/2023 261079 Trench Shoring Company 390.00 4/6/2023 261080 UNIFIRST CORPORATION 1,925.89 4/11/2023 261083 DORIS A MERRIWEATHER 72.04 4/12/2023 261084 ACS SUPPORT 26.00 4/12/2023 261085 ADOBE INC.18,356.69 4/12/2023 261086 APPLEONE EMPLOYMENT SERVICE 1,162.87 4/12/2023 261087 CHEM-TECH INTERNATIONAL INC 4,746.12 4/12/2023 261088 DIB'S SAFE & LOCK SERVICE 120.00 4/12/2023 261089 DIRECTV 43.29 4/12/2023 261090 FIRST CHOICE SERVICES 378.04 4/12/2023 261091 FLEET MANAGEMENT DEPARTMENT 175.64 4/12/2023 261092 FRANCHISE TAX BOARD 50.00 4/12/2023 261093 GEOSCIENCE SUPPORT SERVICES, INC 829.00 4/12/2023 261094 INLAND WATER WORKS SUPPLY CO 3,645.19 4/12/2023 261095 INTERSTATE BATTERY 128.98 4/12/2023 261096 K & L HARDWARE 71.63 4/12/2023 261097 KOPPEL & GRUBER PUBLIC FINANCE 1,276.68 4/12/2023 261098 LOGICALIS, INC 506.25 4/12/2023 261099 LOWE'S 565.94 4/12/2023 261100 MissionSquare Retirement 250.00 PAYMENT REGISTER APRIL 1, 2023 - APRIL 30, 2023 Page 1 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 4/12/2023 261101 PARADISE WORLDWIDE, INC 1,385.00 4/12/2023 261102 SOUTHERN CALIFORNIA EDISON COMPANY 13,593.01 4/12/2023 261103 SPECTRUM 6,682.58 4/12/2023 261104 SWRCB-DWOCP 110.00 4/12/2023 261105 US BANCORP SERVICE CENTER 36,987.50 4/12/2023 261109 V.I.P. DOORS & GATES INC 290.00 4/12/2023 261110 WESTERN WATER WORKS SUPPLY CO., INC 1,347.20 4/12/2023 261111 YARDLEY ORGILL CO. INC. YO FIRE 2,670.05 4/13/2023 261112 OPENDOOR LABS INC 98.55 4/13/2023 261113 MV 18013 LLC 75.71 4/13/2023 261114 MV 18013 LLC 111.40 4/13/2023 261115 MV 18013 LLC 69.27 4/13/2023 261116 VLADIMIR ZHUKOVSKI 59.07 4/13/2023 261117 VANCE CORPORATION 2,565.19 4/13/2023 261118 MILLER MENDES 2,598.57 4/19/2023 261119 Anjelica Orosco 300.00 4/19/2023 261120 AMERICAN FIDELITY ASSURANCE COMPANY (FSA)1,126.22 4/19/2023 261121 APPLEONE EMPLOYMENT SERVICE 1,053.61 4/19/2023 261122 AT&T 47.28 4/19/2023 261123 BURRTEC WASTE/ E. 111 MILL ST 1,275.23 4/19/2023 261124 EUCLID MANAGERS, INSURANCE SERVICES INC.360.00 4/19/2023 261125 FULL TRAFFIC MAINTENANCE, INC 1,072.11 4/19/2023 261126 INLAND DESERT SECURITY & COMMUNICATIONS, INC 784.85 4/19/2023 261127 INTERSTATE BATTERY 128.98 4/19/2023 261128 K & L HARDWARE 9.57 4/19/2023 261129 KONICA MINOLTA 129.29 4/19/2023 261130 KONICA MINOLTA BUSINESS SOLUTIONS 16,123.86 4/19/2023 261131 KVAC ENVIRONMENTAL SERVICES INC 2,114.87 4/19/2023 261132 LOGICALIS, INC 52,231.43 4/19/2023 261133 PACIFIC TRUCK EQUIPMENT 109,128.80 4/19/2023 261134 Pro-West & Assoc., Inc 5,800.00 4/19/2023 261135 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 19,884.54 4/19/2023 261136 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 679,002.76 4/19/2023 261137 SOUTHERN CALIFORNIA EDISON COMPANY 165,863.20 4/19/2023 261138 SWRCB-DWOCP 60.00 4/19/2023 261139 Texas Life Insurance Company 646.71 4/19/2023 261140 EDWARD GUTIERREZ 50.04 4/27/2023 261141 ACS SUPPORT 26.00 4/27/2023 261142 AIRWAVE COMMUNICATION ENT.4,310.38 4/27/2023 261143 APPLEONE EMPLOYMENT SERVICE 1,205.41 4/27/2023 261144 AT&T 1,385.51 4/27/2023 261145 CHARLES W HIPPENSTIEL, CHR SERVICES 1,610.00 4/27/2023 261146 CHEM-TECH INTERNATIONAL INC 27,852.33 4/27/2023 261147 COLONIAL LIFE, PREMIUM 491.64 4/27/2023 261148 FRANCHISE TAX BOARD 50.00 4/27/2023 261149 HYDROTECH ELECTRIC 10,905.00 4/27/2023 261150 K & L HARDWARE 148.82 4/27/2023 261151 METLIFE SMALL BUSINESS CENTER (Dental)11,108.84 4/27/2023 261152 METROPOLITAN LIFE INS CO 93.30 4/27/2023 261153 SO CAL GAS 17.77 4/27/2023 261154 SOUTHERN CALIFORNIA EDISON COMPANY 7,684.27 PAYMENT REGISTER APRIL 1, 2023 - APRIL 30, 2023 Page 2 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 4/27/2023 261155 SOUTHERN CALIFORNIA EMERGENCY MEDICINE/COLTON/REDLANDS 378.89 4/27/2023 261156 ULINE, INC.1,256.03 4/27/2023 261157 VERIZON 1,119.70 4/27/2023 261158 Wyatt's Paint & Body Shop, Inc.7,895.64 4/27/2023 261159 JUANA A SERRATO 104.23 4/27/2023 261160 ARROWHEAD CREDIT UNION 11.15 4/28/2023 261161 SANDRA VON MOOS 77.96 4/28/2023 261162 CHIPT HIGHLAND 210 L.P.299.23 4/28/2023 261163 CHIPT HIGHLAND 210 L.P.148.96 4/28/2023 261164 GERALD BRYANT 16.41 4/28/2023 261165 CHIPT HIGHLAND 210 L.P.85.42 4/28/2023 261166 CHIPT HIGHLAND 210 L.P.149.53 4/28/2023 261167 DARNELLE MASON 9.75 BANK DRAFTS 4/3/2023 DFT0004873 GLOBAL PAYMENTS 16,450.99 4/3/2023 DFT0004874 MERCHANT BANKCD 538.61 4/11/2023 DFT0004889 FORTE, ACH DIRECT INC, ACH FEES 4,681.10 4/14/2023 DFT0004876 CA SDI Tax 3,056.26 4/14/2023 DFT0004877 CalPERS- FRAS 96.48 4/14/2023 DFT0004878 CALPERS/ DEFERRED COMPENSATION 21,737.37 4/14/2023 DFT0004879 CALPERS/ RETIREMENT 50,691.23 4/14/2023 DFT0004880 Federal Payroll Tax 42,682.40 4/14/2023 DFT0004881 Medicare 9,858.22 4/14/2023 DFT0004882 Social Security 172.60 4/14/2023 DFT0004883 STATE DISBURSEMENT UNIT 908.77 4/14/2023 DFT0004884 State Payroll Tax 16,323.88 4/14/2023 DFT0004885 CA SDI Tax 424.81 4/14/2023 DFT0004886 Federal Payroll Tax 7,992.10 4/14/2023 DFT0004887 Medicare 1,368.96 4/14/2023 DFT0004888 State Payroll Tax 3,356.42 4/17/2023 DFT0004890 PayNearMe, Inc.292.53 4/21/2023 DFT0004899 CBB 1,468.53 4/27/2023 DFT0004900 PayNearMe, Inc.181.09 4/28/2023 DFT0004891 CA SDI Tax 2,755.99 4/28/2023 DFT0004892 CALPERS/ DEFERRED COMPENSATION 21,723.38 4/28/2023 DFT0004893 CALPERS/ RETIREMENT 49,990.10 4/28/2023 DFT0004894 Federal Payroll Tax 34,608.35 4/28/2023 DFT0004895 Medicare 8,896.50 4/28/2023 DFT0004896 Social Security 1,416.88 4/28/2023 DFT0004897 STATE DISBURSEMENT UNIT 908.77 4/28/2023 DFT0004898 State Payroll Tax 13,190.49 ACH PAYMENTS 4/6/2023 10012344 ADVANCED TELEMETRY SYSTEMS INTERNATIONAL, INC.5,025.00 4/6/2023 10012345 ALAN PEREZ, REDLANDS OFFICE CLEANING SOLUTIONS, LLC 4,498.00 4/6/2023 10012346 ALBERT A. WEBB ASSOCIATES 37,140.00 4/6/2023 10012347 AMAZON CAPITAL SERVICES, INC 1,968.90 4/6/2023 10012348 ASBCSD 99.00 4/6/2023 10012349 BARRY'S SECURITY SERVICES, INC 8,822.48 4/6/2023 10012350 CAROL CALES 555.99 PAYMENT REGISTER APRIL 1, 2023 - APRIL 30, 2023 Page 3 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 4/6/2023 10012351 CINTAS CORPORATION (FIRST AID)255.15 4/6/2023 10012352 CLARK PEST CONTROL 248.00 4/6/2023 10012353 CLEARFLY COMMUNATIONS 943.31 4/6/2023 10012354 CORE & MAIN LP 5,254.43 4/6/2023 10012355 CUES, INC.2,873.05 4/6/2023 10012356 DALE BRENDT MARSDEN, dba TOMORROW'S TALENT, LLC 2,500.00 4/6/2023 10012357 DANGELO CO INC 730.16 4/6/2023 10012358 DANIEL DAVIS 663.92 4/6/2023 10012359 DAVID HERNANDEZ 505.94 4/6/2023 10012360 ED KING 850.00 4/6/2023 10012361 ELISEO OCHOA 562.73 4/6/2023 10012362 EXCEL LANDSCAPE, INC 21,207.50 4/6/2023 10012363 FERGUSON ENTERPRISES, INC.128.25 4/6/2023 10012364 FRONTIER COMMUNICATIONS 82.74 4/6/2023 10012365 GENESIS INDUSTRIAL SUPPLY, INC 2,090.92 4/6/2023 10012366 GRAINGER 77.16 4/6/2023 10012367 GRANICUS, LLC 1,350.00 4/6/2023 10012368 HAAKER EQUIPMENT COMPANY & TOTAL CLEAN 17,410.79 4/6/2023 10012369 JEREMY SUBRIAR 153.14 4/6/2023 10012370 JOHN MURA 730.10 4/6/2023 10012371 KRIEGER & STEWART, INCORPORATED 2,115.50 4/6/2023 10012372 MARTHA T DURAN 850.00 4/6/2023 10012373 MCCROMETER INC 6,890.40 4/6/2023 10012374 MCMASTER-CARR 147.18 4/6/2023 10012375 MERLIN JOHNSON CONSTRUCTION 12,647.03 4/6/2023 10012376 MICHAEL HENDERSON 737.18 4/6/2023 10012377 MIKE J. ROQUET CONSTRUCTION INC 12,036.03 4/6/2023 10012378 PARKHOUSE TIRE, INC 744.30 4/6/2023 10012379 REBECCA KASTEN 639.46 4/6/2023 10012380 RICHARD BECERRA 737.18 4/6/2023 10012381 SSCI, INC. DBA-SAFETY COMPLIANCE COMPANY 400.00 4/6/2023 10012382 STAPLES BUSINESS ADVANTAGE 51.70 4/6/2023 10012383 STERICYCLE, INC DBA SHRED-IT 242.97 4/6/2023 10012384 Troy A. Yergens 250.00 4/6/2023 10012385 TYLER TECHNOLOGIES, INC 167.15 4/6/2023 10012386 UNDERGROUND SERVICE ALERT 351.25 4/6/2023 10012387 VULCAN MATERIALS CO/ CALMAT CO 1,833.54 4/6/2023 10012388 WORK BOOT WAREHOUSE 183.59 4/12/2023 10012389 ADCOMP SYSTEMS, INC 100.00 4/12/2023 10012390 ALAN PEREZ, REDLANDS OFFICE CLEANING SOLUTIONS, LLC 820.00 4/12/2023 10012391 AMAZON CAPITAL SERVICES, INC 1,608.31 4/12/2023 10012392 BARRY'S SECURITY SERVICES, INC 9,231.88 4/12/2023 10012393 BRENDA SUE VANMETER 1,199.00 4/12/2023 10012394 BURGESS MOVING & STORAGE 1,202.10 4/12/2023 10012395 CORELOGIC SOLUTIONS, LLC 392.04 4/12/2023 10012396 DANGELO CO INC 4,525.50 4/12/2023 10012397 EVWD EMPLOYEES EVENTS ASSOC 300.52 4/12/2023 10012398 EXCEL LANDSCAPE, INC 547.34 4/12/2023 10012399 FERGUSON ENTERPRISES, INC.29,489.99 4/12/2023 10012400 GOLDEN STATE LABOR COMPLIANCE, LLC 4,990.00 4/12/2023 10012401 HACH COMPANY 304.09 4/12/2023 10012402 INFOSEND, INC 652.90 PAYMENT REGISTER APRIL 1, 2023 - APRIL 30, 2023 Page 4 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 4/12/2023 10012403 JC LAW FIRM 15,037.50 4/12/2023 10012404 Jeffrey Ordaz 1,350.00 4/12/2023 10012405 MANAGED MOBILE, INC.11,023.34 4/12/2023 10012406 MCMASTER-CARR 82.86 4/12/2023 10012407 MIKE J. ROQUET CONSTRUCTION INC 11,563.80 4/12/2023 10012408 ROSEMOUNT , INC 2,294.56 4/12/2023 10012409 TROY ALARM, INC.564.00 4/12/2023 10012410 TYLER TECHNOLOGIES, INC 1,040.00 4/12/2023 10012411 VALERO FLEET, WEX BANK 20,141.23 4/12/2023 10012412 VULCAN MATERIALS CO/ CALMAT CO 2,493.70 4/12/2023 10012413 WAXIE SANITARY SUPPLY 468.14 4/12/2023 10012414 WHITE CAP LP 301.33 4/19/2023 10012415 ADCOMP SYSTEMS, INC 319.29 4/19/2023 10012416 ADVANCED TELEMETRY SYSTEMS INTERNATIONAL, INC.1,200.00 4/19/2023 10012417 ALBERT A. WEBB ASSOCIATES 38,808.43 4/19/2023 10012418 AMAZON CAPITAL SERVICES, INC 401.47 4/19/2023 10012419 AMERICAN RENTALS, INC 184.25 4/19/2023 10012420 ANTHESIS 10,585.76 4/19/2023 10012421 APPLIED MAINTENANCE SUPPLIES & SOLUTIONS 56.72 4/19/2023 10012422 BARRY'S SECURITY SERVICES, INC 9,181.14 4/19/2023 10012423 BRENDA SUE VANMETER 0.49 4/19/2023 10012424 CECILIA CONTRERAS 75.31 4/19/2023 10012425 CLARK PEST CONTROL 56.00 4/19/2023 10012426 COAST FITNESS REPAIR SHOP 420.51 4/19/2023 10012427 DLT SOLUTIONS, LLC 4,975.80 4/19/2023 10012428 EVWD EMPLOYEES EVENTS ASSOC 3,735.28 4/19/2023 10012429 FRONTIER COMMUNICATIONS 937.48 4/19/2023 10012430 GENESIS INDUSTRIAL SUPPLY, INC 203.65 4/19/2023 10012431 INDUSTRIAL RUBBER & SUPPLY 346.52 4/19/2023 10012432 INFOSEND, INC 32,692.75 4/19/2023 10012433 MANAGED MOBILE, INC.2,861.74 4/19/2023 10012434 MIKE J. ROQUET CONSTRUCTION INC 5,169.01 4/19/2023 10012435 PARKHOUSE TIRE, INC 2,619.86 4/19/2023 10012436 QUADIENT, INC 407.62 4/19/2023 10012437 QUINN COMPANY 3,013.94 4/19/2023 10012438 SCN, SECURITY COMMUNICATION NETWORK, INC 1,014.00 4/19/2023 10012439 STERICYCLE, INC DBA SHRED-IT 403.18 4/19/2023 10012440 TYLER TECHNOLOGIES, INC 440.00 4/19/2023 10012441 USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 2,356.16 4/19/2023 10012442 VERIZON WIRELESS 7,526.52 4/19/2023 10012444 VULCAN MATERIALS CO/ CALMAT CO 3,299.25 4/27/2023 10012445 ACI PAYMENTS INC.49.20 4/27/2023 10012446 ADVANCED TELEMETRY SYSTEMS INTERNATIONAL, INC.6,900.00 4/27/2023 10012447 AMAZON CAPITAL SERVICES, INC 1,514.81 4/27/2023 10012448 AMERICAN RENTALS, INC 66.91 4/27/2023 10012449 BARRY'S SECURITY SERVICES, INC 9,234.46 4/27/2023 10012450 CINTAS CORPORATION (FIRST AID)368.51 4/27/2023 10012451 DARIO FREGOSO 126.37 4/27/2023 10012452 EVWD EMPLOYEES EVENTS ASSOC 401.99 4/27/2023 10012453 FRONTIER COMMUNICATIONS 961.75 4/27/2023 10012454 GERMAN VAZQUEZ/TSR PERFORMANCE 3,001.00 4/27/2023 10012455 INFOSEND, INC 43,193.08 PAYMENT REGISTER APRIL 1, 2023 - APRIL 30, 2023 Page 5 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 4/27/2023 10012456 JEFF NOELTE 60.00 4/27/2023 10012457 JOSE MILLAN 3,750.00 4/27/2023 10012458 PLUS 1 PERFORMANCE 448.60 4/27/2023 10012459 SAFETY KLEEN SYSTEMS, INC.362.35 4/27/2023 10012460 SSCI, INC. DBA-SAFETY COMPLIANCE COMPANY 200.00 4/27/2023 10012461 STAPLES BUSINESS ADVANTAGE 758.49 4/27/2023 10012463 STEVE A. FILARSKY, ATTORNEY AT LAW 175.00 4/27/2023 10012464 STUBBIES PROMOTIONS INC 3,946.25 4/27/2023 10012465 TYLER TECHNOLOGIES, INC 1,040.00 4/27/2023 10012466 Water On Wheels Mobile Detail 185.50 4/27/2023 10012467 WESTBROOK FENCE, INC 2,850.00 4/27/2023 10012468 WORK BOOT WAREHOUSE 277.31 TOTAL 2,466,874.67$ PAYMENT REGISTER APRIL 1, 2023 - APRIL 30, 2023 Page 6 of 6 Agenda Item #4a May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #4a Discussion Item 1 0 5 9 Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider extension of Sterling Natural Resource Center Operational Support Agreement with Anaergia to satisfy Self Generation Incentive Program funding requirements RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to execute an amendment to Agreement 2021.14 for Professional Services and Operational Support of SNRC with Anaergia Technologies, LLC. to increase the optional additional increments to four 2-year extensions to ensure eligibility for Self-Generation Incentive Program funding. BACKGROUND / ANALYSIS On December 8, 2021, the Board authorized a Professional Services Agreement with Anaergia for Sterling Natural Resource Center (SNRC) Operational Support. That agreement includes procurement of consumables for plant operations, maintenance of all equipment related to solids and biogas treatment, and the management of the feed stock program for high strength organics for co-digestion. In addition, the Agreement includes service management fees for administrative costs to produce 3.0 megawatts of renewable energy. The initial term of the Agreement is 5 years with two optional 2-year extensions, which began in December of 2021. Following the execution of the Agreement, a requirement of the Self Generation Incentive Program (SGIP) was identified that stipulates a 10-year continuous service warranty of the energy generating equipment. The existing Agreement provides only 9 years of service warranty. The SGIP is providing $4,500,000 of incentives to the District for the co-generation equipment. Staff negotiated with Anaergia to increase the term by two additional 2-year extensions for a total possible contract term of 13 years. If exercised, the costs of the original Agreement will continue through the additional extensions with inflation adjustments based on agreed indexing. Agenda Item #4a May 24, 20232 Meeting Date: May 24, 2023 Agenda Item #4a Discussion Item 1 0 5 9 AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership A. Identify Opportunities to Optimize Natural Resources C. Strengthen Regional, State and National Partnerships IV - Promote Planning, Maintenance and Preservation of District Resources A. Develop Projects and Programs to Ensure Safe and Reliable Services B. Enhance Planning Efforts that Respond to Future Demands REVIEW BY OTHERS This agenda item has been reviewed by the executive management team. FISCAL IMPACT This item has no immediate direct costs associated with the extension of the Agreement. If future optional contract extensions are exercised those costs will be presented for Board consideration as part of the annual budgeting process. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Jeff Noelte Director of Engineering and Operations ATTACHMENTS 2021.14 SNRC Anaergia Operations Support Services Agreement Amendment to Agreement No. 2021.14 Agreement for Services 03/16 1 EVWD Anaergia SNRC Support Services Contract December 2021 AGREEMENT NO 2021.14 EAST VALLEY WATER DISTRICT AND ANAERGIA TECHNOLOGIES, LLC FOR FOR PROFESSIONAL SERVICES AND OPERATIONAL SUPPORT THIS AGREEMENT is made this 8th day of December 2021, by and between the EAST VALLEY WATER DISTRICT, a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. (hereinafter referred to as the “DISTRICT”), and Anaergia Technologies, LLC, a limited liability company (hereinafter referred to as “CONSULTANT”). RECITALS WHEREAS, Consultant retains specialized skill, knowledge and expertise in the field of organics and food waste diversion and the operation of anaerobic co-digestion and District retains no such skill, knowledge and expertise nor experience in operating anaerobic digesters; and WHEREAS, the DISTRICT desires to contract with CONSULTANT to provide professional support services for the Sterling Natural Resources Center Operational Support (hereinafter referred to as “Project”); and WHEREAS, CONSULTANT is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONSULTANT holds itself as duly licensed, qualified, and capable of performing said services; and Agreement for Services 03/16 2 EVWD Anaergia SNRC Support Services Contract December 2021 WHEREAS, this Agreement establishes the terms and conditions for the DISTRICT to retain CONSULTANT to provide the services described herein for the Project. COVENANTS NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth herein, the parties hereto agree as follows: ARTICLE I ENGAGEMENT OF CONSULTANT AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT: The DISTRICT hereby engages CONSULTANT, and CONSULTANT hereby accepts the engagement, to perform certain specialized and professional services described in Section 2.1 of this Agreement for the term set forth in Section 6.7 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONSULTANT to proceed with all or a portion of the work described in Section 2.1 of this Agreement will be granted in writing by the DISTRICT as soon as both parties sign the Agreement and all applicable insurance and other security documents required pursuant to Section 6.3 of this Agreement are received and approved by the DISTRICT. CONSULTANT shall not proceed with said work until so authorized by the DISTRICT, and shall promptly commence work upon receipt of the Notice to Proceed. 1.3 NO EMPLOYEE RELATIONSHIP: CONSULTANT shall perform the services provided for herein as an independent contractor, and not as an employee of the DISTRICT. CONSULTANT is not to be considered an agent or employee of the DISTRICT for any purpose, and shall not be entitled to participate in any pension plans, insurance coverage, bonus, stock, or similar benefits that the DISTRICT provides for its employees. CONSULTANT shall indemnify the DISTRICT for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the DISTRICT may be required to make on behalf of CONSULTANT or any employee of CONSULTANT for work performed under this Agreement. Agreement for Services 03/16 3 EVWD Anaergia SNRC Support Services Contract December 2021 ARTICLE II SERVICES OF CONSULTANT 2.1 SCOPE OF SERVICES: The scope of professional services to be performed by the CONSULTANT under this Agreement relate specifically to organics and food waste diversion and are described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference (“Scope of Work”), and shall, where not specifically addressed, include all related services ordinarily provided by the CONSULTANT under same or similar circumstances and/or otherwise necessary to satisfy the requirements of Section 3.3 of this Agreement. In case of conflict between the terms of this Agreement and the provisions of the Scope of Work, this Agreement shall govern. 2.2 DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE: This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work, as defined by the California Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code. 2.3 PREVAILING WAGES: In accordance with the provisions of the California Labor Code, CONSULTANT shall secure the payment of compensation to employees. To the extent required by the California Labor Code, CONSULTANT shall pay not less than the prevailing rate of per diem wages as determined by the Director, Department of Industrial Relations, and State of California. Copies of such prevailing rate of per diem wages are on file at the DISTRICT’s office, which copies will be made available to any interested party upon request. CONSULTANT shall post a copy of such determination at each job site. If applicable, CONSULTANT shall forfeit to the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7(b), or any subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid less than the specified prevailing rates for such work or craft in which such worker is employed, whether paid by CONSULTANT or by any subcontractor. 2.4 HOURS AND WORKING CONDITIONS: The DISTRICT is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code Agreement for Services 03/16 4 EVWD Anaergia SNRC Support Services Contract December 2021 of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this Agreement to the same extent as though set forth herein and will be complied with by CONSULTANT. CONSULTANT shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONSULTANT shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONSULTANT or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker received compensation for all hours worked in excess of 8 hours at not less than 1½ times the basic rate of pay. ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONSULTANT 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONSULTANT, will provide all pertinent information necessary for CONSULTANT’s performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Scope of Work, in which case the CONSULTANT is to acquire such information. The DISTRICT does not guarantee or ensure the accuracy of any reports, information, and/or data so provided. To the extent that any reports, information, and/or other data so provided was supplied to the DISTRICT by persons who are not employees of the DISTRICT, any liability resulting from inaccuracies and/or omissions contained in said information shall be limited to liability on behalf of the party who prepared the information for the DISTRICT. 3.2 REPRESENTATIVE OF DISTRICT: The DISTRICT will designate Water Reclamation Manager as the person to act as the DISTRICT’s representative with respect to the work to be performed under this Agreement. Such person will have complete authority to transmit instructions, receive information, and interpret and define the DISTRICT’s policies and decisions pertinent to the work. In the event the DISTRICT wishes to make a change in the DISTRICT’s representative, the DISTRICT shall notify the CONSULTANT of the change in writing. 3.3 DUTIES OF CONSULTANT: CONSULTANT shall perform the Project work in such a manner as to fully comply with applicable professional standards of care, including professional quality, technical accuracy, timely completion, and other services furnished and/or work undertaken by CONSULTANT pursuant to this Agreement. The CONSULTANT shall have Agreement for Services 03/16 5 EVWD Anaergia SNRC Support Services Contract December 2021 control over the means and methods of the work and cause all work and deliverables to conform to all applicable federal, state, and local laws and regulations. 3.4 APPROVAL OF WORK: The DISTRICT’s approval of work or materials furnished hereunder shall not in any way relieve CONSULTANT of responsibility for the technical adequacy of its work. Neither the DISTRICT’s review, approval or acceptance of nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. Where approval by the DISTRICT is indicated in this Agreement, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the CONSULTANT or its subcontractors. CONSULTANT’s obligation to defend, indemnify, and hold harmless the DISTRICT, and its directors, officers, employees and agents as set forth in Section 6.9 of this Agreement also applies to the actions or omissions of the CONSULTANT or its subcontractors as set forth above in this paragraph. ARTICLE IV PAYMENTS TO CONSULTANT 4.1 PAYMENT: The DISTRICT will pay CONSULTANT for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONSULTANT shall exercise its good faith best efforts to facilitate a full and clear definition of the scope of all assigned work so that the amount set forth in Section 4.3 of this Agreement will cover all tasks necessary to complete the work. The amount set forth in Section 4.3 of this Agreement is the maximum compensation to which CONSULTANT may be entitled for the performance of services to complete the work for the Project, unless the Scope of Work or time to complete the work is changed by the DISTRICT in writing in advance of the work to be performed thereunder. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONSULTANT be entitled to compensation greater than the amount set forth in Section 4.3 of this Agreement where changes in the Scope of Work or the time for performance are necessitated by the negligence of CONSULTANT or any subcontractor performing work on the Project. Agreement for Services 03/16 6 EVWD Anaergia SNRC Support Services Contract December 2021 4.2 PAYMENT TO CONSULTANT: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONSULTANT, provided that all invoices are complete and product and services are determined to be of sufficient quality by the DISTRICT and in accordance with this Agreement. CONSULTANT shall invoice DISTRICT monthly for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONSULTANT shall provide to the DISTRICT full and complete access to CONSULTANT’s labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The total estimated charges for all work under this Agreement are $2,240,312.33 and such amount is the anticipated annual costs as described in Exhibit B. The total estimated charges stated herein constitute the total amount agreed to, any additional costs in excess of the total estimated charges (i.e. increased costs for assumed pass through consumables) will be presented to the District’s Representative for approval before increased charges for consumables are rendered. 4.4 COST FOR REWORK: CONSULTANT shall, at no cost to the DISTRICT, prepare any necessary rework occasioned by CONSULTANT’s negligent act or omission or otherwise due substantially to CONSULTANT’s fault within ninety (90) days of the District becoming aware of the act or omission. ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed in accordance with the schedule contained in the Scope of Work. 5.2 TIME OF ESSENCE: CONSULTANT shall perform all services required by this Agreement in a prompt, timely, and professional manner in accordance with the above schedule. Time is of the essence in this Agreement. ARTICLE VI GENERAL PROVISIONS Agreement for Services 03/16 7 EVWD Anaergia SNRC Support Services Contract December 2021 6.1 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: CONSULTANT shall at all times observe all applicable provisions of Federal, State, and Local laws and regulations including, but not limited to, those related to Equal Opportunity Employment. 6.2 SUBCONTRACTORS AND OUTSIDE CONSULTANTS: No subcontract shall be awarded by CONSULTANT if not identified as a subcontractor via a notice to the DISTRICT and approved by the DISTRICT to provide desired services. CONSULTANT shall be responsible for payment to subcontractors used by them to perform the services under this Agreement. If CONSULTANT subcontracts any of the work to be performed, CONSULTANT shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONSULTANT’s subcontractors and of the persons employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of CONSULTANT and the DISTRICT. CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that are required by applicable law. 6.3 INSURANCE: CONSULTANT shall secure and maintain in full force and effect, until the satisfactory completion and acceptance of the Project by DISTRICT, such insurance as will protect it and the DISTRICT in such a manner and in such amounts as set forth below. The premiums for said insurance coverage shall be paid by the CONSULTANT. The failure to comply with these insurance requirements may constitute a material breach of this Agreement, at the sole discretion of the DISTRICT. (a) Certificates of Insurance: Prior to commencing services under this Agreement, and in any event no later than ten (10) calendar days after execution of this Agreement, CONSULTANT shall furnish DISTRICT with Certificates of Insurance and endorsements verifying the insurance coverage required by this Agreement is in full force and effect. The DISTRICT reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. (b) Required Provisions: The insurance policies required by this Agreement shall include the following provisions or have them incorporated by endorsement(s): (1) Primary Coverage: The insurance policies provided by CONSULTANT shall be primary insurance and any self-insured retention and/or insurance carried by or available to the DISTRICT or its employees shall be excess and non-contributory coverage so that any self-insured retention and/or Agreement for Services 03/16 8 EVWD Anaergia SNRC Support Services Contract December 2021 insurance carried by or available to the DISTRICT shall not contribute to any loss or expense under CONSULTANT’s insurance. (2) Additional Insured: The policies of insurance provided by CONSULTANT, except Workers’ Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. Such policies shall contain a “severability of interests” provision, also known as “Cross liability” or “separation of insured”. (3) Cancellation: Each certificate of insurance and insurance policy shall provide that the policy may not be non-renewed, canceled (for reasons other than non-payment of premium) or materially changed without first giving thirty (30) days advance written notice to the DISTRICT, or ten (10) days advance written notice in the event of cancellation due to non-payment of premium. (4) Waiver of Subrogation: The insurance policies provided by CONSULTANT shall contain a waiver of subrogation against DISTRICT, its directors, officers, employees and agents for any claims arising out of the services performed under this Agreement by CONSULTANT. (5) Claim Reporting: CONSULTANT shall not fail to comply with the claim reporting provisions or cause any breach of a policy condition or warranty of the insurance policies required by this Agreement that would affect the coverage afforded under the policies to the DISTRICT. (6) Deductible/Retention: If the insurance policies provided by CONSULTANT contain deductibles or self-insured retentions, any such deductible or self-insured retention shall not be applicable with respect to the coverage provided to DISTRICT under such policies. CONSULTANT shall be solely responsible for any such deductible or self-insured retention and the DISTRICT, in its sole discretion, may require CONSULTANT to secure the payment of any such deductible or self-insured retention by a surety bond or an irrevocable and unconditional letter of credit. (7) Consultant’s Subcontractors: CONSULTANT shall furnish separate certificates of insurance and policy endorsements for each subcontractor Agreement for Services 03/16 9 EVWD Anaergia SNRC Support Services Contract December 2021 verifying that the insurance for each subcontractor complies with reasonably similar insurance requirements applicable to CONSULTANT under this Agreement. (c) Insurance Company Requirements: CONSULTANT shall provide insurance coverage through insurers that have at least an “A” Financial Strength Rating and a “VII” Financial Size Category in accordance with the current ratings by the A. M. Best Company, Inc. as published in Best’s Key Rating Guide or on said company’s web site. In addition, any and all insurers must be admitted and authorized to conduct business in the State of California and be a participant in the California Insurance Guaranty Association, as evidenced by a listing in the appropriate publication of the California Department of Insurance. (d) Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: (1) Workers’ Compensation: CONSULTANT shall maintain Workers’ Compensation insurance as required by law in the State of California to cover CONSULTANT’s obligations as imposed by federal and state law having jurisdiction over CONSULTANT’s employees and Employers’ Liability insurance, including disease coverage, of not less than $1,000,000. (2) General Liability: CONSULTANT shall maintain Comprehensive General Liability insurance with a combined single limit of not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. The policy shall include, but not be limited to, coverage for bodily injury, property damage, personal injury, products, completed operations and blanket contractual to cover, but not be limited to, the liability assumed under the indemnification provisions of this Agreement. In the event the Comprehensive General Liability insurance policy is written on a “claims made” basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (3) Automobile Liability: CONSULTANT shall maintain Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence for any owned, hired, or non-owned vehicles. (4) Professional Liability: CONSULTANT shall maintain Professional Agreement for Services 03/16 10 EVWD Anaergia SNRC Support Services Contract December 2021 Liability insurance covering errors and omissions arising out of the services performed by the CONSULTANT or any person employed by him, with a limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. In the event the insurance policy is written on a “Claims made” basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT requests a change in the Scope of Work or time of completion by either adding to or deleting from the original scope or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONSULTANT must assert any claim for adjustment under this clause in writing within thirty (30) calendar days from the date of receipt from CONSULTANT of the notification of change unless the DISTRICT grants a further period of time before the date of final payment under this Agreement. 6.5 NOTICES: All notices to either party by the other shall be made in writing and delivered or mailed to such party at their respective addresses as follows, or to other such address as either party may designate, and said notices shall be deemed to have been made when delivered or, if mailed, five (5) days after mailing. To DISTRICT: East Valley Water District 31111 Greenspot Road Highland, CA 92346 Attn: Water Reclamation Manager Email: Rwelborn@eastvalley.org To CONSULTANT: Anaergia Technologies, LLC 705 Palomar Airport Road, Suite 200 Carlsbad, CA 92011 Attn: Jeremy Metts Email: Jeremy.metts@anaergia.com 6.6 CONSULTANT’S ASSIGNED PERSONNEL: CONSULTANT designates Jeremy Metts to have immediate responsibility for the performance of the work and for all matters relating to performance under this Agreement. Substitution of any assigned personnel shall require Agreement for Services 03/16 11 EVWD Anaergia SNRC Support Services Contract December 2021 the prior written approval of the DISTRICT. If the DISTRICT determines that a proposed substitution is not acceptable, then, at the request of the DISTRICT, CONSULTANT shall substitute with a person acceptable to the DISTRICT. 6.7 TERM AND TERMINATION: (a) The initial term of this Agreement is for five (5) years from CONSULTANT’s receipt of the Notice to Proceed from DISTRICT. At the end of the initial term, the term may be extended for two additional increments of two (2) years each upon mutual written consent. (b) If the engagement of CONSULTANT is not extended by the mutual written consent of the DISTRICT and CONSULTANT, then the term of this Agreement shall expire five (5) years from CONSULTANT’s receipt of the Notice to Proceed from DISTRICT. (c) Either party may terminate its obligations under this Agreement upon ninety (90) calendar days written notice only in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the non-defaulting party and the defaulting party has failed to cure or make substantial progress towards curing within thirty (30) days of written notice of such default, provided that such cure period may be extended for a reasonable period in the event that the default cannot be cured within the initial thirty (30) day period and the defaulting party has diligently pursued cure of the default throughout the initial thirty (30) day period. (1) Substantial failure shall include not being able to provide sufficient food waste material to produce up to 3.0 megawatt of power on a monthly average considering market availability, after an acceptable stabilization period and excluding maintenance activities. (d) In the event of termination of this Agreement or abandonment of any portion of the Project, the DISTRICT shall be immediately given title to all original documents developed for the Project, and the sole right and remedy of CONSULTANT shall be to receive payment for all amounts due and not previously paid to CONSULTANT for services completed or in progress in accordance with the Agreement prior to such date of termination, including reasonable and documented demobilization costs. If termination occurs prior to completion of any task for which payment has not been made, the fee for services performed during such task Agreement for Services 03/16 12 EVWD Anaergia SNRC Support Services Contract December 2021 shall be based on an amount mutually agreed to by the DISTRICT and CONSULTANT. Such payments available to the CONSULTANT under this paragraph shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of this Agreement. 6.8 ATTORNEYS’ FEES: In the event that either the DISTRICT or CONSULTANT brings an action or proceeding for damages for an alleged breach of any provision of this Agreement, to interpret this Agreement, or to determine the rights of and duties of either party in relation thereto, the prevailing party shall be entitled to recover as part of such action or proceeding all litigation, arbitration, mediation and collection expenses, including witness fees, court costs, and reasonable attorneys’ fees. Such fees shall be determined by the court in such litigation or in a separate action brought for that purpose. Mediation will be attempted if both parties mutually agree before, during, or after any such action or proceeding has begun. 6.9 INDEMNITY: (a) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all third party claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses for tangible property damage, intellectual property infringement, and personal injury or death to the extent of the negligence or willful misconduct of CONSULTANT or any of CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, arising from or related to work performed by Consultant or its subcontractors under this Agreement. excepting only such matters arising from the sole negligence or willful misconduct of the DISTRICT. (b) In the case of an intellectual property infringement claim, CONSULTANT shall have the right, in order to avoid such claims or actions, to substitute at its expense non-infringing equipment, materials or processes, or to modify at its expense such infringing equipment, materials, and processes so they become non-infringing, provided that such substituted and modified equipment, materials, and processes shall meet all the requirements and be subject to all the provisions of this Agreement. Agreement for Services 03/16 13 EVWD Anaergia SNRC Support Services Contract December 2021 (c) DISTRICT shall indemnify and hold harmless CONSULTANT and its affiliates, and their respective officers, directors, employees, agents and representatives from and against any and all third party claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses sustained or suffered in connection with injury or death to third parties or loss of or damage to tangible property of third parties, to the extent caused by (i) DISTRICT’s negligence, willful misconduct or violation of any applicable law. (d) It is the intent of the parties to this Agreement that the defense, indemnity, and hold harmless obligation of CONSULTANT under this Agreement shall be as broad and inclusive as may be allowed under California Civil Code §§ 2778 through 2784.5, or other similar state or federal law. 6.10 SAFETY: CONSULTANT shall perform the work in full compliance with applicable State and Federal safety requirements including, but not limited to, Occupational Safety and Health Administration requirements. (a) CONSULTANT shall take reasonable precautions for the safety of, and prevention of damage to, property on or adjacent to the Project site, and for the safety of, and prevention of injury to, persons, including DISTRICT’s employees, CONSULTANT’s employees, and third persons. CONSULTANT shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. (b) CONSULTANT shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONSULTANT’s employees pursuant to Labor Code Section 6401.7, including any necessary documentation regarding implementation of the program. CONSULTANT hereby certifies that its employees have been trained in the program, and procedures are in place to train employees whenever new substances, processes, procedures, or equipment are introduced. CONSULTANT shall demonstrate compliance with Labor Code Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at the Project site and making it available to the DISTRICT, if applicable. 6.11 EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, and other documents or electronic data developed by CONSULTANT for the Project shall be furnished to and become the property of the DISTRICT. CONSULTANT agrees that the DISTRICT will reasonably have access to and the right to examine any directly pertinent books, Agreement for Services 03/16 14 EVWD Anaergia SNRC Support Services Contract December 2021 documents, papers, and records of any and all of the transactions relating to this Agreement following the receipt of a 10-working day notice. 6.12 OWNERSHIP OF SOFTWARE: (a) Subject to payment of all compensation due under this Agreement and all other terms and conditions herein, CONSULTANT hereby grants DISTRICT a nonexclusive, transferable, royalty-free license to use the software furnished to DISTRICT by CONSULTANT under this Agreement. The license granted herein shall authorize DISTRICT to: (1) Install the software on computer systems owned, leased or otherwise controlled by DISTRICT; (2) Utilize the software for its internal data-processing purposes; and (3) Copy the software and distribute as desired to exercise the rights granted herein. (b) CONSULTANT retains its entire right, title and interest in the software developed under this Agreement. DISTRICT acknowledges that CONSULTANT owns or holds a license to use and sublicense various pre-existing development tools, routines, subroutines and other programs, data and materials that CONSULTANT may include in the software developed under this Agreement. This material shall be referred to hereafter as “Background Technology.” (c) DISTRICT agrees that CONSULTANT shall retain any and all rights CONSULTANT may have in the Background Technology. CONSULTANT grants DISTRICT an unrestricted, nonexclusive, perpetual, fully paid-up worldwide license to use the Background Technology in the software developed and delivered to DISTRICT under this Agreement, and all updates and revisions thereto. However, DISTRICT shall make no other commercial use of the Background Technology without CONSULTANT’s written consent. 6.13 INTEGRATION AND AMENDMENT: This Agreement contains the entire understanding between the DISTRICT and CONSULTANT as to those matters contained herein. No other representations, covenants, undertakings or other prior or contemporaneous agreements, oral or written, respecting those matters, which are not specifically incorporated herein, may be deemed in any way to exist or to bind any of the parties hereto. Each party acknowledges that it has not executed this Agreement in reliance on any promise, representation or warranty not set forth herein. This Agreement may not be amended except by a writing signed by all parties hereto. Agreement for Services 03/16 15 EVWD Anaergia SNRC Support Services Contract December 2021 6.14 ASSIGNMENT: Neither party shall assign or transfer its interest in this Agreement without written consent of the other party. All terms, conditions, and provisions of this Agreement shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 6.15 GOVERNING LAW: This Agreement shall be construed as if it was jointly prepared by both parties hereto, and any uncertainty or ambiguity contained herein shall not be interpreted against the party drafting same. This Agreement shall be enforced and governed by the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state court situated in the County of San Bernardino, State of California, or in a federal court with in rem jurisdiction over the Project. 6.16 HEADINGS: Article and Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this Agreement. 6.17 PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 6.18 EFFECT OF WAIVER: Any failure by either party to enforce any provision of this Agreement, or any waiver thereof, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. 6.19 AUTHORITY: The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to sign this Agreement on behalf of and to so bind their respective legal entities. 6.20 SURVIVAL: Notwithstanding any provisions to the contrary, the sections that contemplate performance after the expiration, cancellation, or termination of this Agreement (whether express or implied), shall survive any expiration, cancellation, or termination of this Agreement. 6.21 LIMITATION OF LIABILITY: CONSULTANT shall not be liable to DISTRICT for any consequential, incidental, or punitive damages, or indirect costs, expenses or liabilities or otherwise. The total aggregate liability of CONSULTANT for losses associated with project performance to DISTRICT shall be limited to one-hundred percent (100%) of the annual amount of funds actually paid to CONSULTANT under this Agreement Agreement for Services 03/16 17 EVWD Anaergia SNRC Support Services Contract December 2021 EXHIBIT A SCOPE OF WORK 1. Pass Through Costs. a. Leverage existing relationships and expertise in Anaerobic Digestion System Technology to manage and procure the delivery of chemicals, reagents, consumables, oils, lubricants, and calibration gases for the Project. b. Leverage existing relationships and expertise in Anaerobic Digestion System Technology to manage and procure the delivery, installation and disposal of media for gas treatment. c. Leverage Consultant purchasing with the Rialto Bioenergy Facility to provide bulk purchasing cost savings to District. d. Consumables Management (Chemicals and Media): i. Consultant will identify facility needs based on past experience and system expertise and will provide required consumables. ii. Consultant will coordinate with District staff for delivery to reduce cost to District. e. The annual permit fee to SCAQMD is not included. At any time the District may elect to procure all or partial consumables from other venders at no penalty. f. Leverage existing relationships and expertise in Anaerobic Digestion System Technology and associated compliance to manage and procure RATA, CGA, Source Testing, CEMS service, and third-party services for the Project. 2. Service Management Fee. a. Consultant’s fee for this specialized support will be billed at a fixed rate.. b. The District shall: perform laboratory testing necessary for operations of the facility; provide Operational Data from plant instrumentation and SCADA; and provide Laboratory Data Reports. 3. Gas Treatment & CHP Service Fee. Cost per operating hour per CHP. 4. Gas Treatment & CHP Service. Up to 20 hours a week to perform the following: a. Specialized maintenance for the emissions monitoring and compliance with SCAQMD rules regarding calibration and maintenance for the CEMS unit. b. Consultant will utilize CHP expertise to Inspect CHP operation and trends, piston wear, spark plugs, and other components. c. Operational maintenance and weekly preventive maintenance (PMs) on the CHP equipment. Trained personnel onsite weekly to accomplish these tasks, which include: i. Checking all biogas treatment systems for proper function and performing weekly and quarterly PMs. ii. Oil sampling for the CHP and other system. iii. Quarterly and annual CEMS and SCR testing. iv. Inspect/check/replace all filters on CHP/compressors/AC units/biogas lines etc. v. Check proper function of all valves and instruments in the system. vi. Instrumentation field calibrations and check. d. Management of the spare parts suppliers and any subcontracts required for the maintenance of the CHP. e. Manage equipment warranties for the first 2 years of operation. 5. Feedstock & Ammonia Sulfate Sale. Agreement for Services 03/16 18 EVWD Anaergia SNRC Support Services Contract December 2021 a. Use market expertise to manage procurement of feedstock, including delivery coordination with the District, but not including unloading. Anaergia will provide best efforts to procure enough feedstock to produce 3 MW of power from the CHPs. b. Use market expertise to manage the sales of Ammonia Sulfate and coordinate hauler pickup with the District. c. Consultant will contract directly for feed stock agreement and manage invoicing and payments. Consultant will provide the District 80% of revenues from payments received. 6. Support Fee. The following are optional services: a. Any specialized site service or engineering costs outside of the scope described above billed at the rates set forth in Exhibit C, including but not limited to any emergency (a sudden or unexpected situation requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services) maintenance will be billed at the standard billing rates, attached as Exhibit C. b. Provide the District with access to Consultant process know how for maximizing throughput while maintaining digester health. c. Perform regular site visits to meet with District staff to monitor operations and provide any training, as necessary. d. Review Operational Logs and Laboratory Data and provide recommendations for process improvements. e. Review food waste data and propose liquid waste feed rates to the digesters. f. Review Equipment PM records and operational data to evaluate the need for any predictive maintenance measures to be implemented. g. Summarize expected outputs vs actual output for digester gas production and solids destruction. h. Perform initial inspection of feedstock materials for approval. i. Evaluate new feedstock suppliers and establish acceptance criteria to avoid receipt of unacceptable wastes. j. Provide monthly report documenting actual biogas production vs expected biogas production. Agreement for Services 03/16 19 EVWD Anaergia SNRC Support Services Contract December 2021 EXHIBIT B ANTICIPATED ANNUAL COSTS Budget Estimate Budget Description Pass Thru Costs $1,414,487.53 Pass thru actual costs and manage with Service Management Fee below Service Management Fee (1) $200,000.00 Refer to scope of work Gas Treatment & CHP Service Fee (2) $407,424.80 2 CHP running 8060 hours/year x 2 engines @ $12.64/hour Note: this does not include E60 and E70 (minor and major overhauls) Gas Treatment & CHP Service (2) $218,400.00 Labor and Truck at Service Rates Feedstock To be determined Marketing and sourcing feedstock, monitoring quality, managing suppliers/invoicing, charging 20% on tip fee. Support Fees (optional) To be determined Refer to Rates in Exhibit C Total $2,240,312.33 Notes: (1) After the first year this item will be indexed to the ENR CCI index: (2) The amounts above are anticipated to have an annual escalation of approximately 5%. Agreement for Services 03/16 20 EVWD Anaergia SNRC Support Services Contract December 2021 EXHIBIT C CONSULTANT’S RATES These rates are valid through December 31, 2021. Rates for subsequent years will be disclosed to DISTRICT prior to becoming effective. Overtime rates may apply in accordance with applicable laws. POSITION RATE Applications Engineer $150.00 Sr. Applications Engineer $185.00 Process Engineer $150.00 Sr. Process Engineer $185.00 Project Engineer $150.00 Sr. Project Engineer $185.00 Project Designer $115.00 Sr. Project Designer $150.00 Project Manager $190.00 Sr. Project Manager $225.00 Construction Manager $190.00 Sr. Construction Manager $225.00 Control Systems Engineer $175.00 Sr. Control Systems Engineer $210.00 Commissioning Engineer $175.00 Sr. Commissioning Engineer $210.00 Service Technician $155.00 Chief Operator $165.00 Director $300.00 1 AMENDMENT TO AGREEMENT NO. 2021.14 FOR PROFESSIONAL SERVICES AND OPERATIONAL SUPPORT Date: 4 / 26 / 2023 Agreement Number: 2021.14 Design-Builder: Anaergia Technologies, LLC Change Order Number: 01 Project / Task Description: Modification of term language to increase the term of the agreement to satisfy funding requirements for long term maintainability of Co-generation equipment. I. RECITALS The District and Consultant previously entered into a Professional Services Agreement for operational support of Sterling Natural Resources Center (SNRC) on December 8, 2021. A component of scope of that agreement was to maintain the co-generation equipment at SNRC. Coordination efforts with funding programs, specifically the Self Generation Incentive Program (SGIP), requires maintenance arrangements for a period of 10 years to be eligible for funds. II. CHANGE AGREEMENTS i.Section 6.7.a shall be replaced with the following: “The initial term of this Agreement is for five (5) years from CONSULTANT’s receipt of the Notice to Proceed from DISTRICT. At the end of the initial term, the term may be extended for two four additional increments of two (2) years each upon mutual written consent.” Amendment 1 to SNRC Operations Support Agreement 2 III. SIGNATURES East Valley Water District Anaergia Technologies, LLC ____________________________________________________________ General Manager Project Manager Date: / /___ Date: / /_ __ Agenda Item #4b May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #4b Discussion Item 1 0 6 7 Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Authorization to Request Withdrawal from the 1977 Santa Ana River-Mill Creek Cooperative Water Project Agreement RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to request to withdraw from the 1977 Santa Ana River-Mill Creek Cooperative Water Project Agreement. BACKGROUND / ANALYSIS In 1977, a number of agencies in the region entered into an agreement known as the “Santa Ana River-Mill Creek Cooperative Water Project Agreement” (Exchange Plan Agreement) with the primary objective of delivering supplemental water to the Yucaipa region. The involved agencies are Bear Valley Mutual Water Company, City of Redlands, Crafton Water Company, East Valley Water District (District), Lugonia Water Company, North Fork Water Company, Redlands Water Company, San Bernardino Valley Municipal Water District, San Bernardino Valley Water Conservation District, and Yucaipa Valley Water District. The need for the mechanisms provided by the Exchange Plan Agreement was essentially eliminated about twenty years ago by the construction of the State of California Department of Water Resource’s Crafton Hills Pump Station that allowed Yucaipa Valley Water District to begin receiving import water directly rather than via the Exchange Plan Agreement. In 2019, discussions with all parties began to terminate the Exchange Plan Agreement. District staff is continuing to meet with the parties to determine steps to withdrawal from the agreement. District staff is proposing to withdraw from the Exchange Plan Agreement, since it no longer serves a purpose that cannot be met in a more efficient manner. Other parties have begun the process of withdrawal from the Exchange Plan Agreement by seeking consent for withdrawal in accordance with the Exchange Plan Agreement. District staff will also request consent from the other parties for withdrawal from the Exchange Plan Agreement, after authorization from the Board of Directors. Agenda Item #4b May 24, 20232 Meeting Date: May 24, 2023 Agenda Item #4b Discussion Item 1 0 6 7 AGENCY GOALS AND OBJECTIVES IV - Promote Planning, Maintenance and Preservation of District Resources A. Develop Projects and Programs to Ensure Safe and Reliable Services D. Enable Fact-Based Decision Making REVIEW BY OTHERS This agenda item has been reviewed by the executive management team. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Jeff Noelte Director of Engineering and Operations ATTACHMENTS Exchange Plan Agreement ECORDED PLEASE RETURN TO an Bernardino Valley Water Conservation District 303 Brookside Avenue 1 RECORDED IN OFFICIAL RECORDB Redlands CA 92373 SEP O 1970 AT 8 AM V DENNIS WARDLE CI ERKRECORDER BERItIDINO OOUIIYOAUF SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 1976 oo90082 TABLE OF CONTENTS 1 RECITALS 1 2 DEFINITIONS 2 a Entity 2 b Eligible Entity 2 c Party 2 d Management Committee 2 e Project Manager 2 f Import Water 2 g Local Water 2 h Entitlement Water 2 i Exchange Water 2 j Simultaneous Exchange 2 k Deferred Exchange 3 I Deferred Exchange Water redit 3 m Supplemental Water 3 n Cooperative Water Project Facilities 3 o Associated Water Facilities 3 p Cooperative Water Project 3 q Historical COnditions 3 r Edison Company 3 s Year 3 t State Contract 3 3 ELIGIBLE ENTITIES 3 a Bear Valley Mutual Water Company 3 b City of Redlands 3 c Crafton Water Company 4 d East San Bemardino County Water District 4 e Lugonia Water Company 4 f North Fork Water Company 4 g Redlands Water Company 4 h San Bernardino Valley Municipal Water District 4 i San Bernardino Valley Water Conservation District 4 j Yucaipa Valley County Water District 4 4 CONSTRUCTION OF COOPERATIVE WATER PROJECT FACILITIES 4 5 DELIVERY PROVISIONS 5 a General 5IbImportWater6 c Exchange Water nlulpieertal Water 6 d Use of Cooperative Water Project Facilities to Convey Entitlement Water 6 e Local Water 7 f Deferred Exchange Water 7 g Priorities 7 h Instructions 8 i oo9008 3 6 MANAGEMENT 8 a Management Committee 8 b Project Manager 9 c Administrative Expenses 9 7 OWNERSHIP AND OPERATION OF FACILITIES 9 8 WATER QUALITY 10 9 RECORDS 10 10 EDISON COMPANY AGREEMENTS 11 11 SHORTAGE OF SUPPLY OR TEMPORARY REDUCTION OR CESSATION OF DELIVERIES 11 a Scheduled Shutdowns 11 11bInterruptionofService c Temporary Discontinuance 11 d Continuity of Service 12 12 BREACH 12 a Right to Revert to Historical Conditions 12 b Preliminary Determination of Serious Breach c Rights to Judicial Relief Unaffected by Preliminary i3eeinaioni i 1212 13 WITHDRAWAL FROM THE COOPERATIVE WATER PROJECT AGREEMENT 12 14 PROVISIONS WITH RESPECT TO PRESERVATION TRANSFER CONDEMNATION AND DEFENSE OF WATER RIGHTS 13 a NonUse of Water 13 b Transfer 13 c Rights 13 d Condemnation 13 e Defense 13 f Covenant and Lien 14 g Successors and Assigns 14 h 14 15 USE OF COOPERATIVE WATER PROJECT FACILITIES FOR DELIVERY OF WATER BY VALLEY DISTRICT 14 a Use of Facilities 14 b Sen Gorgonio Pass Water Agency 14 16 WATER CHARGES AND PAYMENT PROVISIONS 15 a Charge for Supplemental Water 15 b Simultaneous Exchange Water Charge 16 o9005 4 c Deferred Exchange Water Charge 16 d Charges for Conveyance of Entitlement Water tlruh Cooperative Water Project Facilities 16 e Provisions of Payment 17 17 ADDITONAL PARTIES 17 18 AMENDMENTS 17 19 OPINIONS AND DETERMINATIONS 17 20 NOTICE 17 21 APPROVALS REQUIRED EFFECTIVE DATE AND MECHANICS OF EXECUTION 18 EXHIBIT A ENTITLEMENTS TO WATER EXHIBIT B ENTITLEMENT WATER MAXIMUM INSTANTANEOUS RATES OF FLOW AND DELIVERY POINTS EXHIBIT C DETERMINATION AND MEASUREMENT OF EXCHANGEABLE WATER EXHIBIT D FACILITIES TO BE CONSTRUCTED AS THE FIRST INCREMENT OF THE COOPERATIVE WATER PROJECT PLATE I CONCEPTUAL PLAN OF COOPERATIVE WATER PROJECT FACILITIES AND ASSOCIATED WATER FACILITIES PLATE 2 PLAT SHOWING EXISTING WATER DIVERSl0N FACILITIES NEAR MOUTH OF SANTA ANA CANYON PLATE 3 PLAT SHOWING EXISTING WATER DIVERSION FACILITIES NEAR MOUTH OF MILL CREEK CANYON oo9008 5 SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT This Agreement is concluded by and between the Parties hereto to provide for the efficient and economical use of Local and Import Water supplies and shall be known as The Cooperative Water Project Agreement hereinafter sometimes referred to as Agreement 1 RECITALS The Eligible Entities as hereinafter defined other than the San Bernardino Valley Municipal Water District have water rights including in certain cases water rights on the Santa Ana River and on Mill Creek and have in many cases for over seventy years exercised those water rights for the purpose of supplying water to the water users of their respective Entities Such Entities also have existing facilities which they have used for the development diversion and transmission of water from their respective sources of supply The San Bernardino Valley Water Conservation District has been engaged for many years in conserving and spreading water from the Santa Ana River and Mill Creek for the purpose of groundwater replenishment pursuant to rights which it holds for such purpose The San Bernardino Valley Municipal Water District has a contract with the State of California Department of Water Resources pursuant to the State Water Project under which it is importing a water supply into the San Bernardino Valley Said District is presently engaged in the construction of local distribution facilities to make Import Water available for direct delivery including groundwater recharge Pursuant to engineering studies which indicate that all of the Eligible Entities as defined herein will benefit from a cooperative water supply plan it is the desire of the Parties to provide for the Parties beneficial use of existing Local Water and of the available Import Water supply on an integrated basis utilizing various exchanges and transfers in order to provide the most economical efficient and dependable supply possible at a minimum of expense to water users and the taxpayers and to conserve energy The studies indicate that the plan is of mutual benefit to all of the Eligible Entities and that there will be no adverse effects or penalties to any of them or to other Entities not signatory to this Agreement 2 DEFINITIONS As used herein the following terms shall have the meanings set forth below a Entity An individual partnership corporation including a mutual water company or public agency b Eligible Entity Any Entity eligible to become a Party hereto as set forth in Section 3 below c Party Any Eligible Entity signatory to this Agreement in accordance with its terms and conditions d Management Committee The committee comprised of one representative from each Party to this Agreement e Project Manager The San Bernardino Valley Water Conservation District or any other public agency appointed by the Management Committee and approved by the San Bernardino Valley Municipal Water District acting under the supervision of the Management Committee f Import Water Water imported by and belonging to San Bernardino Valley Municipal Water District pursuant to its contract with the State of California Department of Water Resoumes from the State Water Project g Local Water All water supplies except Import Water available to an Entity h Entitlement Water Local Water to which a Party has an entitlement as described in Exhibit A which water rights are not necessarily any Partys total claim to water rights in the respective soume listed This definition is solely for purposes of this Agreement and not for the purpose of defining or establishing water rights with respect to any Party i Exchange Water Local Water or Import Water delivered to a Party in exchange for Entitlement Water The quantity of Exchange Water delivered to a Party plus Deferred Exchange Water Credits earned by a Party shall be equal to the quantity of that Partys Entitlement Water delivered to and used by the Management Committee j Simultaneous Exchange Delivery of Exchange Water substantially at the same time the Partys Entitlement Water is being delivered to others Unless otherwise provided in the rules adopted by the Management Committee delivery of Simultaneous Exchange Water shall be at the same rate of flow and completed within 24 hours of the delivery of Entitlement Water 2 oo9008 o k Deferred Exchange Delivery of Entitlement Water to others for a future delivery of Exchange Water Deferred Exchange shall be made only as provided in Section 5f below I Deferred Exchange Water Credit A water credit for the quantity of Entitlement Water delivered to others in a Deferred Exchange m Supplemental Water Any water requested by and delivered to a Party other than said Partys Entitlement Water or Exchange Water n Cooperative Water Project Facilities Certain facilities constructed or to be constructed and owned and maintained by San Bernardino Valley Municipal Water District which shall be operated by the San Bernardino Valley Municipal Water District in accordance with the Project Managers instructions to effectuate this Agreement subject to the provisions of Section 15 These facilities are shown conceptually on Plate I herein o Associated Water Facilities Water facilities at or near the mouth of Santa Ana Canyon and Mill Creek owned by various Parties to this Agreement which shall be operated bY the owners thereof in accordance with the Project Managers instructions to effectuate this Agreement as shown generally on Plates 2 and 3 herein p Cooperative Water Project Those facilities and the operational plan defined herein that permit the substitution of Exchange Water for Entitlement Water q Historical Conditions Methods and facilities used to take Entitlement Water into the respective distribution systems of the Parties prior to construction of the Cooperative Water Project Facilities r Edison Company The Southern California Edison Company a corporation organized under the laws of the State of California s Year A calendar year unless specified otherwise t State Contract Contract between the State of California Department of Water Resources and the San Bernardino Valley Municipal Water District for a Water Supply dated December 30 1960 and all amendments thereto heretofore or hereafter concluded 3 ELIGIBLE ENTITIES The following Entities shall be eligible to become Parties to this Agreement a Bear Valley Mutual Water Company a mutual water company hereinafter referred to as Bear Valley b City of Redlands a municipal corporation hereinafter referred to as Redlands c Crafton Water Company a mutual water company hereinafter referred to as Crafton d East San Bernardino County Water District a county water district organized and existing under the County Water District Law Water Code Sections 30000 Bernardmo V LetseqhereinafterreferredtoasEastSan e Lugonia Water Company a mutual water company hereinafter referred to as Lugonia f North Fork Water Company a mutual water company hereinafter referred to as North Fork g Redlands Water Company a mutual water company hereinafter referred to as Redlands Water h San Bernardino Valley Municial Water District a municipal water district organized and existing under the Municipal Water District Law of 1911 Water Code Sections 71000 et seq hereinafter referred to as Valley District i San Bernardino Valley Water Conservation District a water conservation district organized and existing under the Water Conservation District Law of 1931 Water Code Sections 74000 et seq hereinafter referred to as Conservation District j Yucaipa Valley County Water District a county water district organized and existing under the County Water District Law Water Code Sections 30000 et seq hereinafter referred to as Yucaipa District 4 CONSTRUCTION OF cOOPERATIVE WATER PROJECT FACILITIES Subject to availability of funds to budgetary supply and construction restraints and to obtaining necessary approvals permits and agreements Valley District shall design and construct the Cooperative Water Project Facilities so as to provide for delivery of water at the maximum flow rates and at the delivery points hereinafter specified Each of the Parties shall have reasonable opportunity to inspect and study the Valley Districts plans and specifications for all Cooperative Water Project Facilities during the planning stage and prior to the solicitation of bids for the construction thereof and may make comments and recommendations thereon to Valley District Valley District shall make all reasonable efforts to commence construction of the first increment of the Cooperative Water Project Facilities which consist of the facilities listed in Exhibit D on or before oo90089 April 1 1977 and bring the first increment to completion with reasonable diligence thereafter Construction of additional increments will be scheduled by Valley District on a basis of need to meet water demands as determined by Valley District in consultation with the Management Committee The obligations of Valley District hereunder shall be subject to the following specific conditions a Facilities shown on Exhibit D which are required exclusively or primarily to deliver water to an Eligible Entity which does not become a Party to this Agreement by the effective date of this Agreement need not be built as a part of the first increment of the Cooperative Water Project Facilities nor at any subsequent time until the Eligible Entity shall become a Party b The construction of facilities which would be physically legally or economically usable only in the event of the conclusion of the agreement with Edison Company provided for in Section 10 hereof shall be contingent upon the satisfactory conclusion of such an agreement c The construction of facilities which are subject to a requirement of obtaining an approval or permit either for the construction of or for the use of such facilities shall be contingent upon obtaining such approval or permit in form satisfactory to Valley District Valley District shall attempt to obtain all necessary approvals and permits with reasonable diligence d Valley District with the advice of the Management Committee will schedule the construction of the facilities listed in Exhibit D to keep expenditures within the funds available to Valley District for construction of said facilities 5 DELIVERY PROVISIONS a General Subject to the delivery of Exchange Water by the Management Committee to replace any Entitlement Water delivered pursuant hereto each of the Parties having Entitlement Water hereby makes available to the Management Committee said Partys supply of Entitlement Waterfor delivery and use pursuant to the terms of this Agreement East San Bemardino hereby makes available to the Management Committee for exchange water it is entitled to receive from North Fork by virtue of its ownership of North Fork stock However at such time as North Fork becomes a Party to this Agreement East San Bernardino shall no longer be required to make the water from its stock ownership in North Fork available for exchange The Management Committee may cause delivery of water to be made to any Party entitled to andor requesting said delivery from any source available to the Management Committee In exercising its discretion hereunder the Management Committee shall act on the basis of securing the maximum efficiency and economy in the use of the Local and Import Water supplies available to it All water deliveries shall be subject to 1 Rules and regulations adopted by the Management Committee 2 Scheduling requirements of the Management Committee 3 Payment of any charge imposed therefor 4 Limitations of available water supplies and capacity in the delivery facilities including Valley Districts Foothill Pipeline b Import Water Valley District hereby makes Import Water available to the Management Committee as scheduled for delivery and use as Exchange Water and Supplemental Water subject to the availability of Import Water from the State Water Project the equal rights of others within the boundaries of Valley District to receive Import Water requirements for water service other than pursuant hereto all of the requirements imposed by Valley Districts contract with the State of California Department of Water Resources and all applicable laws and regulations of water service c Exchange Water and SuPplemental Water The Management Committee shall cause to be delivered to each of the Parties Exchange Water to replace any Entitlement Water made available by such Party and used by the Management Committee by Simultaneous Exchange unlessotherwise scheduled by the Party concerned and approved by the Management CommitteeExchange Water shall be delivered to each of the Parties at the points and up to the maximum instantaneous rates of flow specified in Exhibit B In addition to such deliveries the Management Committee Shall schedule Supplemental Water deliveries to any Party requesting the same d Use of Cooperative Water Project Facilities to Convey Entitlement Water A Party may request from the Management Committee delivery of ny portion of its Entitlement Water through the Cooperative Water Project Facilities subject to availability of capacity in said facilities and to scheduling limitations Nothing in this Agreement shall be construed as authorizing the transport of Entitlement Water outside the boundaries of Valley District without prior approval of the Management Committee however in the case of a Party whose own boundaries extend beyond the boundaries of Valley District that Party may transport Entitlement Water anywhere within its own boundaries e Local Water The Management Committee shall cause to be delivered to Valley District upon request Local Water if made available by a Party or Parties at flow rates times and at the delivery points specified by Valley District to the extent possible using Cooperative Water Project Facilities subject to Valley District delivering to the Management Committee an equal quantity of Import Water at the flow rates times and to delivery points as required to permit the Management Committee to make said delivery of Local Water to Valley District f Deferred Exchange Water All Parties with Deferred Exchange Water Credits shall be entitled to receive Deferred Exchange Water for such credits upon request A Partys Deferred Exchange Water Credits shall be utilized by said Party within a twoyear period subsequent to the accumulation of Deferred Exchange Water Credits unless approved otherwise by the Management Committee g Priorities After provision for deliveries is made to Valley District and the San Gorgonio Pass Water Agency pursuant to Section 15 of this Agreement then in case of scheduling water availability or facility constraints in any portion of the Cooperative Water Project Facilities water deliveries in such portion shall be scheduled by the Management Committee on the following basis 1 First priority shall be given to Simultaneous Exchange Water 2 Second priority shall be given to Deferred Exchange Water 3 Third priority shall be given to Supplemental Water 4 Fourth priority shall be given to Entitlement Water delivered through Cooperative Water Project Facilities 5 Fifth priority shall be any use of the Cooperative Water Project Facilities by parties other than Eligible Entities h Instructions The Project Manager shall issue all instructions as directed by the Management Committee necessary to deliver water under the terms of this Agreement to the Parties using the Cooperative Water Project Facilities and the Associated Water Facilities 6 MANAGEMENT a Management Committee A Management Committee comprised of one person representing each of the Parties is hereby established 1 Duties The Management Committee shall be responsible for a Setting operating rules regulations and policies not covered herein b Approving or disapproving requests for scheduling deliveries of water c Supervising the work of the Project Manager d Assisting in resolving disputes between Parties and e Advising Valley District on pertinent design construction operations and pricing policies 2 Appointments and Terms Each of the members of the Management Committee shall be appointed by the Party he represents and shall serve at the pleasure of the appointing Party for a period of four 4 years andor until appointment of a replacement Notice of appointments shall be filed with the Project Manager Members shall receive no compensation for their services provided that in each case the appointing Party may provide such compensation as it deems appropriate 3 Quorum and Vote Required for Action A majority of the members of the Management Committee not in default of this Agreement shall constitute a quorum for the transaction of business and the vote of a majority of all of the members of the Committee shall be required to take any action 4 Officers At its first meeting in each Year the Management Committee shall select a chairman and such other officers as it may require The Management Committee shall select a secretary who may be but need not be a member of the Management Committee Said secretary shall keep an accurate record of all of its proceedings 8 5 Meetings and Notices The Management Committee shall hold regular meetings at places and times to be specified in the rules to be adopted by the Management Committee Notice of the scheduled or regular meetings and of any changes in time or place thereof shall be mailed to all persons who shall have filed a request therefor in writing with the Management Committee a Special meetings may be called at any time by the chairman or by any three 3 members of the Management Committee and shall be noticed as required by Government Code Section 54956 b All meetings of the Management Committee shall be held in conformance with the requirements of Government Code Sections 54950 et seq 6 Incurring of Expenses Except as herein specifically provided the Management Committee shall not be authorized to incur any expense on behalf of any or all of the Parties without the written consent of such Party or Parties b Project Manager Subject to the supervision of the Management Committee the administration and management of the Cooperative Water Project Facilities shall be the responsibility of the Project Manager which shall act as the executive arm of the Management Committee with the duty and responsibility to implement Management Committee rules regulations and policies and to direct the rate time place and source of all water deliveries from the Cooperative Water Project Facilities and the Associated Water Facilities in accordance with the Management Committees instructions c Administrative Expenses Expenses of the Project Manager and expenses of the Management Committee except compensation for the services of the Management Committee members shall be paid by Valley District Valley Districtspayments for these expenses shall not exceed the budgeted amount set forth in an annual agreement between Valley District the project Manager and the Management Committee without the consent of Valley District Said agreement shall include terms and conditions of payment and rates of compensation for all services to be provided under said agreement 7 OWNERSHIP AND OPERATION OF FACILITIES Each of the Parties hereto shall retain the ownership of its own facilities together witt full responsibility for their operation maintenance and replacement The Associated Water Facilities shall be operated in accordance with the Management Committees instructions The Cooperative Water Project Facilities shall be operated in accordance with the Project Managers instructions to effectuate this Agreement subject to the provisions of Section 15 8 WATER QUALITY All water delivered pursuant to this Agreement will be untreated and shall be of a quality suitable for its intended use it being understood that suitability is to be determined by a rational method which includes consideration of the quality of the local water used prior to the adoption and implementation of this Agreement This Agreement is adopted with the understanding that the present quality of Local Exchange Entitlement Supplemental and Import Water appears to be suitable for the intended uses Each of the Parties agrees to operate its facilities so that the quality of the water is not impaired or degraded during diversion transportation or delivery If any Party is in violation of any water quality standards imposed on said Party by any governmental agency or unit because the quality of Exchange Water being delivered to said Party is lower than the quality of said Partys Entitlement Water then said Party shall be entitled to revert to its Historical Conditions until the Exchange Water quality allows reasonable compliance with such standards 9 RECORDS Each Party hereto shall maintain such records and shall file Such reports as may be reasonably required by the Management Committee and as may be required by law to protect any water rights affected hereby In the event any of the Parties shall fail to maintain such records the Management Committee may direct the Project Manager to estimate and maintain such records for such Party and such Party shall be charged with the cost thereof The Project Manager shall be responsible for maintaining records on all water delivered pursuant to this Agreement The Management Committee shall have the right to measure flows of water as needed to satisfy the provisions of this Agreement necessary access for said measurements will be provided without charge to the Management Committee by the Parties to this Agreement 10 I 009008 15 10 EDISON COMPANY AGREEMENTS There are existing agreements between certain Parties to this Agreement and the Edison Company including but not limited to a Grant Deed from Edison Company to Crafton dated February 27 1929 and a Grant Deed from Crafton to Edison Company dated December 18 1931 Valley District shall undertake with reasonable diligence to make the new arrangements and agreements with the Edison Company Crafton and Bear Valley necessitated by the Cooperative Water Project Agreement and to use its best efforts therefor provided that any such agreement which may in any way alter modify change or affect the rights of any Party hereto under any existing agreements shall not be effective without the consent of such Party 11 SHORTAGE OF SUPPLY OR TEMPORARY REDUCTION OR CESSATION OF DELIVERIES a Scheduled Shutdowns Each of the Parties shall notify the Project Manager of a scheduled shutdown of any facility that would cause interruption of the Cooperative Water Project b Interruption of Service In the event of interruption of service in any portion of either the Cooperative Water Project Facilities or the Associated Water Facilities the Project Manager may to the extent possible continue limited operations and Parties whose delivery of Exchange Water has been interrupted will accrue Deferred Exchange Water Credit for such Exchange Water not delivered during the interruption of service and such Deferred Exchange Water Credit shall not be subject to the twoyear iimitation stated in Section 5f but shall maintain its validity until used c Temporary DisContinuance If the Project Manager is unable to deliver quantities and qualities of water as provided for in this Agreement it will immediately notify all the affected Parties that the Exchange Program is going to be temporarily discontinued until delivery schedules can be met or until the cause of the interruption is remedied After receiving notice of the temporary discontinuance of the Cooperative Water Project each Party may revert to its Historical Condition When the Project Manager is again able to deliver the quantities and qualities of water as scheduled it shall immediately notify the Parties and resume deliveries 11 009008 d Continuity of Service When it is necessary to interrupt service the Project Manager and the Parties shall cooperate to minimize the down time and to restore service to all Parties as soon as possible 12 BREACH a Right to Revert to Historical Conditions In addition to any other remedies provided by law in the event the terms and conditions of this Agreement are not complied with and there are no reasonable alternatives any Party adversely affected by such breach and which is not itself in default may withhold delivery of its Entitlement Water and revert to its Historical Conditions until such breach is remedied b Preliminary Determination of Serious Breach A preliminary determination that such a breach has occurred may be made 1 by the Party concerned with the concurrence of the Project Manager or 2 without the concurrence of the Project Manager in the manner hereinafter specified In the event a Party claims such a breach has occurred and the Project Manager disagrees the Party claiming breach has occurred shall poll other members of the Management Committee and if any other two 2 members agree that such a breach has occurred those members shall so certify to the Project Manager a breach has occurred Immediately upon any preliminary determination that such breach has occurred the Project Manager shall cause the Party claiming the breach to receive its Entitlement Water under Historical Conditions c Rights to Judicial Relief Unaffected by Preliminary Determination Nothing herein shall prevent any Party from seeking judicial relief either before or after any preliminary determination and no preliminary determination shall be binding upon or affect the rights of any Party in connection with such a judicial proceeding 13 WITHDRAWAL FROM THE COOPERATIVE WATER PROJECT AGREEMENT No Party shall be entitled to withdraw from this Agreement without the written consent of all other Parties 12 14 PROVISIONS WITH RESPECT TO PRESERVATION TRANSFERCONDEMNATIONANDDEFENSEOFWATERRIGHTS With respect to the water rights to produce and use the Entitlement Water set forth in Exhibit A it is agreed between the Parties hereto that the following shall apply a NonUse of Water No Party hereto will lose any such water right by nonuse by use by another Party by exchange or by prescription b Transfer Each Party hereto may sell mortgage transfer or otherwise alienate any such rights provided that in the event of any such sale transfer foreclosure or alienation of such rights the transferee shall take such rights subject to the terms and conditions of this Agreement and shall be bound thereby Prior to the consummation of any such sale transfer foreclosure or alienation the prospective transferee shall execute an instrument expressly assuming all of the obligations of the transferor under this Agreement with respect to such rights and deliver said instrument to the Management Committee Until such instrument is so executed and delivered such transaction shall be void c Rights The execution of this Agreement by the Parties hereto shall not be construed as constituting any alteration in the respective priorities or terms of any of the rights held by any of the Parties or any admission with respect to any of the rights or claims set forth herein Between the Parties hereto the Management Committee shall consider that each Party has the rights claimed until otherwise instructed by the Party claiming such right or by the determination of the court with jurisdiction so to do d Condemnation Each of the Parties hereto to the extent allowed by law undertakes not to condemn or take without consent of the owner thereof any water rights sources of water supply water diversion production or transmission facilities or corporate stock owned by any Party hereto which is subject to the terms of this Agreement so long as the owner thereof is not in default hereunder e Defense Each of the Parties hereto shall be responsible for the defense of any rights claimed or asserted by it to produce and use the Entitlement Water set forth in Exhibit A hereto As against anyone not a Party to this Agreement Valley District shall defend this Cooperative Water Project Agreement and all rights arising from it 13 oo9005 18 f Covenant and Lien The provisions of this Agreement are hereby declared to be for the benefit of the water rights of the Parties hereto to produce and use the Entitlement Water set forth in Exhibit A Said provisions are hereby made a covenant binding upon the owners of each such water right and their successors heirs transferees and assigns for the benefit of the owners of each such other water right and their successors heirs transferees and assigns The benefits and burdens of said covenant shall run with said water rights of the Parties hereto Each of the Parties hereto hereby grants a lien upon the said water rights to the other Parties hereto to secure its obligations hereUnder which lien shall be appurtenant to the said water rights of the other Parties heretO g Successors and Assigns Each and all of the terms conditions and provisions hereof shall inure to the benefit of and be binding upon the Parties hereto and their respective successors heirs transferees and assigns h None of the provisions of this Section 14 shall apply to or preclude Bear Valley from voluntarily or involuntarily transferring to Big Bear Municipal Water District free and clear of any obligations of Bear Valley under this Agreement all of the rights of Bear Valley to impound the natural water supply of Bear Valley behind Bear Valley Dam and later release such water which would otherwise flow in the Santa Ana River 15 USE OF COOPERATIVE WATER PROJECT FACILITIES FOR DELIVERY OFWATERBYVALLEYDISTRICT a Use of Facilities The Cooperative Water Project Facilities shall be available to Valley District for use as part of its water transmission facilities and may be used bY it for the delivery of water to any Entity whether a Party hereto or not b San Gorgonio Pass Water Agency Valley District has a contract with the San Gorgonio Pass Water Agency Pass Agency dated July 16 1970 under which the Pass Agency has the option to obtain capacity in certain water transmission facilities constructed by Valley District and to receive deliveries of water or the right to operate the facilities all upon the terms specified therein The Cooperative Water Project Facilities to be constructed by Valley District constitute a portion of the water transmission facilities subject to the said contract and in the event the Pass Agency exemises its option with respect thereto shall be constructed maintained and operated in compliance with the terms of the said contract 14 i SECTION 1611 of the CIVIL CODE Ascertainment of Consideration il When a contract does not determine the amount of the consideration nor the method by which it is to be ascertained i or when it leaves the amount thereof to the discretion of an interested party the consideration must be so much money as the object of the contract is reaSonablY worth 16 WATER CHARGES AND PAYMENT PROVISIONS Charges for water deliveries made under this Agreement and provisions for payment shall be as listed below Said charges shall be reasonable and shall conform to the applicable provisions of Section 1611 of the Civil Code State of California a Charge for Supplemental Water The charges to be made by the ProjeCt Manager to any Party to this Agreement for Supplemental Water per acrefoot shall be computed by the following formula Supplemental Water Charge E S C or E S P L per AcreFoot whichever is greater where E The variable operation maintenance power and replacement component of the Department of Water Resources Transportation Charge per acrefoot incurred by Valley District S Direct water spreading costs per acrefoot spread by the Conservation District not to exceed 300 per acrefoot C Dollar amount equal to power generation credit per acrefoot from Devil Canyon power generation plant P Cost of energy incurred by Valley District to convey Supplemental or Entitlement Water to said Party per acrefoot L Power loss charges incurred by Valley District in conveying Supplemental or Entitlement Water to said Party per acrefoot As defined in Section 26 of the State Contract Power loss charges are defined as those charges resulting from the loss of electric power generation from existing hydroelectric plants on Mill Creek and Santa Aha River 15 20 result in a lower charge than is provided for above then charges computed on said basis shall be substituted for the charges provided for above as long as said basis is in effect The charges for Supplemental Water provided for in this Agreement shall be in effect for a period beginning with the effective date of this Agreement and ending ten 10 years thereafter beginning ten 10 years after the effective date of this Agreement the charges to Parties to this Agreement shall be as set by Valley District b Simultaneous Exchange Water Charge There are to be no charges made by the Project Manager to any Party for Simultaneous Exchange Water under the terms and conditions of this Agreement c Deferred Exchange Water Charge The charge to be made by the Project Manager to any party to this Agreement for Deferred Exchange Water shall be the amount of all additional costs required to deliver water on the Deferred Exchange basis over and above the amount of the costs for making said deliveries on a Simultaneous Exchange basis d Charges for Conveyance of Entitlement Water through Cooperative Water Project Facilities Charges to be made by the Project Manager for the use of the Cooperative Water Project Facilities by Parties to this Agreement for conveyance of Entitlement Water shall be as follows During the period beginning with the effective date of this Agreement and ending ten 10 years thereafter 250 per acrefoot P L as P and L are defined above Beginning ten 10 years after the effective date of this Agreement these charges shall be as set by Valley District except that they shall nOt exceed the following The amount of all costs for making such deliveries including but not limited to operations maintenance energy repair replacement overhead and capital costs In the event the Management Committee with the approval of Valley District decides to convey all or any portion of the 9 cfs presently going from the forebay of Santa Ana Powerhouse No 3 to the Boullioun Box through the Cooperative Water Project Facilities that portion shall be exempt from any conveyance charge 16 oo9008 21 ProvisionsofPayment Provisionsfor payment totheProjectManagerbythePartiestothisAgreementforwaterchargesareasfollows1TheProjectManager shallprovidemonthlyinvoicestoeachPartyofmoniesduetheProjectManager2ThePartiestothisAgreementshallmakepaymenttotheProjec Managerwithinthirty30daysafterreceiptofsaidinvoices3TheProjectManagershallremittoValleyDistrictallpaymentsreceivedunderthisSection withinfive5daysof receipt17ADDITIONALPARTIESAftertheeffectivedateofthisAgreementadditionalEntitiesmaybecomePartieshereto uponapplicationtoand approvalbytheManagementCommitteeandwrittenconsentofallofthePartiesnotindefaultofthisAgreement18AMENDMENTSThisAgreementmaybeamendedatanytimebywrittenagreementsignedbyalloftheParties19OPINIONSANDDETERMINATIONSWherethetermsofthisAgreementprovideforactiontobebasedupontheopinionjudgmentapprovalreviewordeterminationofanyPartyheretosuchtermsarenotintendedtobeandshallneverbeconstruedaspermittingsuchopinionjudgmentapprovalreviewordeterminationtobearbitrarycapriciousorunreasonable20NOTICEAnynoticepursuantheretoshallbedeemedtohavebeenproperlygivenifdeliveredpersonallyorifenclosedinaproperlyaddressedenvelopeanddepositedintheUnitedStatesmailfordeliveryFirstClasspostageprePaidUnlessanduntilformallynotifiedotherwisenoticemaybegiventoeachofthePartiesaddressedasfollows17 Bear Valley Mutual Water Company 101 East Olive Avenue Redlands California 92373 City of Redlands P OBox 280 Redlands California 92373 Crafton Water Company P O Box 627 Mentone California 92359 East San Bernardino County Water District P O Box 3427 San Bernardino California 92413 Lugonia Water Company 101 East Olive Avenue Redlands California 92373 North Fork Water Company P O Box 3427 San Bernardino California 92413 Redlands Water Company 101 EaSt Olive Avenue Redlands California 92373 San Bernardino Valley Municipal Water District P O BOx 5906 San Bernardino California 92412 San Bernardino Valley Water Conservation District 303 Brookside Avenue Redlands California 92373 Yucaipa Valley County Water District P O Box 458 Yucaipa California 92399 21 APPROVALS REQUIRED EFFECTIVE DATE AND MECHANICS OF EXECUTION This Agreement shall become effective among the Parties executing the same sixty 60 days after it shall have been executed by the Conservation District Valley District Bear Valley Crafton Redlands and Redlands Water UJ O 1 o9008 23 This Agreement may be executed in counterparts so that the same copy need not be signed by each of the Parties hereto Upon execution of each counterpart said counterpart shall be delivered to the Conservation District and when the required number of counterparts has been received the Conservation District shall give notice to each of the Eligible Entities hereunder stating the date of execution of the last required counterpart and the date 60 days thereafter upon which the Agreement shall become effective Upon such effective date this Agreement shall become effective among all of the Eligible Entities which have executed said Agreement by said effective date and the Conservation District shall attach all of the signature pages from the counterparts to one copy of the Agreement and shall mail a copy ofthe conformed Agreement to each of the Parties executing the same From and after the effective date any nonsignatory Entity shall be eligible to become a Party hereto only in the manner provided in Section 17 19 IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned BEAR VALLEY MUTUAL WATER COMPANY President SecrurY APproved SURR HELLYER By Attorney DATED May 6 1976 iii I I Il Il SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 1976 oo9005 25 STATE OF CALIFORNIA SS COUNTY OF SAN BERNARDINO On this 6th day of May 1976 before me theundersignedaNotaryPublicinandforsaidCountyand State personally appeared ROBERT J BIERSCHBACH a memberofthelawfirmofSURRHELLYERknowntometobethe person who executed the foregoing instrument on behalf of said law firm and acknowledged to me that such law firmexecutedthesame WITNESS my hand and official seal MOIRE E ALEXANDER IIPuc My Commission Expires Oct 26 1978 Notary Public STATE OFCALIFORNIA SS COUNTY OF SAN BERNARDINO On this 6th day of May 1976 before me theundersignedaNotaryPublicinandforsaidCountyandStatepersonallyappearedDONALDCSANDERSONknowntometobethePresidentandBETTYFARQUHARknownto metobetheSecretaryofBEARVALLEYMUTUALWATERCOMPANYacorporationthecorporationthatexecutedthewithininstrumentandknowntometobethepersonswhoexecutedsaidinstrumentonbehalfofsaidcorporationandacknowledgedtomethatsuchcorporationexecutedthesame WITNESS my hand and official seal PATRICIA L MERRITT Notary PublicNOFyPUBLICCALiFORi41APRI4CIALCFFICEINSANBFRARDINOCOUNTYMyCommissionExpiresOctober21979IIlllllllllllllllillllllllllllllllilllllllllllllllllllllllllllllllllllIIIIIIIIIIIiii1II111111111111111111 s9oo8 26 IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned DATED j State of California County of San BernardinoSSBOnJune151976before me the under Y ek signed a Notary Public in and for said State personally appeared Charles G poed DeMirjyn known to me to be the Mayor and Peggy A Moseley known to me to be the Ci Clerk of the City of Redlands that execut the within Instrument on behalf of the y of Redlands d acowledged to me Aome i that the City of Redlands executed the within instrument pursuit to its City Council meeting of June 15 1976 fficial seal oretta CBERNARDINOCOUNDATED My mmlsslon plres June 3 Z9 SANTA ANA RIVER MILL CREEKCOOPERATIVEWATERPROJECTAGREEMENT MAY 3 1976 IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned CRAFTON WATER COMPANY President Approved Attorney SANTA ANA RIVER MILL CREEKCOOPERATIVEWATERPROJECTAGREEMENT MAY 3 1976 STATE OF CALIFORNIASANBERNA RDINO ssCOUNTYOF o June 16 1976 bfo me the undersigned a Notary Public in and for said County and State personally appeared Ralph F Sechrest on NorAn A OnSTAMP known to me lo be he President ant Pe A Jactnto known o me io be Secrelary of the corporation iha execuied the wilhin nstrumen known lo me to be lhe persons who execuied ihe within Instrument on behalf oi lhe corporation therein named and acknowledged to me that such corporation executed the within directors Alice E Smith Name Typed or Printed Notary Public in and for said County and State IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned EAST SAN BERNARDINO COUNTY WATER DISTRICT President Secretary Approved b Attorney DATED August 9 1976 SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 1976 OF CAUFORNI YOF SAN BERNARDINO ss ON Auqust 9 19 76 before me the undersigned a Notary Public in and for said State personally appeared Philip A Oisch Bonnie R Eastwood and Robert J Farrell kn0wnt0me to be the personS whose namES are subscribed to the within Instrument and acknowledged to me that eY executed the same CALIFORNIA Notary Public in and for said State My Commission Expires February 26 I978 IMralWolcotts Form 233Rev IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned LUGONIA WAER COMPANY President eeta Approved Attorney DATED May 20 1976 STATE OF CALIFORNIA I ss County of San Bernardtno On May 20 1976 before me the under signed a Notary Public in and for said County and State personally appeared G R REES BETTY FARQUHAR and EDWIN B HALES known to me to be the persons whose n r OFFCAL SEALamesaesubscribedtothewithin instrument and acknowledged that they e xecex ne same 0 EDWIN R HALES Nota Public SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 lg76 IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 1976 NORTH FORK WATER COMPANY President Approved AttoTney STATE OF CALIFOHNIA OF t ersinedaNotary Pubc in anumatpersonallyaveared twn to me to be the President and the Corporstion that executed thewithinlsOWntomet9beeersonswho wihL anSutentonenaltof the tion therein namedthactOwleagedtomethstsuchcorpomtioneecutewiumstrumentpursuanttoitsbhwsmuonmilsboardotdirectors NAME A3 OR PRINTED i SAN BERNARDINO COUNTYINOTARYPUI3UOJSANBERNARDINOOOUNTYMyCommissionExpiresMay111979 My Commission Expirs May 1 979 COUNTY OF Hadera I ss hundred and 6 before m the underSined a Notary Public State of California dtd commissioned and sworn personally appeared 01QM1 07 known to me to be the person whose name 8 subscribed to the within 1 JO t F instrument and acknowledged to me that he executed the same o IN WITNESS WHEREOF Ihave hereunt set my haotf and affOced myIAiCLFCLi s 19 in this certificate first aboveho781 Wrttenf otar Public State of California zmmiioexpi 2lZt CowdrslomNo 32cknowldcmcntGcncrlCc1l0a Prickled 12fl2 IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned REDLANDS WATER COMPANY Presj Approved Attorney DATED 6A4 7 F SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 1976 TO 449 C Corporation STATE OF CALIFORNIA COUNTY OF San Bernardino ss On June 7 1976 Yarerthe nndersieda Notary Public in and for saidLloydStatepersonallyappeared known to me to be th President and BettyFarqulaar known to me to be Secretary of the corporation that executed the within InstrumentknowntometobethepersonswhoexecutedthewithinInstrumentonbehalfothecorporationthereinnamedandacknowledgedtomethatsuchcorporationexecutedthewithininstrumentpursuanttoitsbylawsoraresolutionofitsboardofdirectors WITNESS my hand and official seal Signature Elaine V Leathy Name Typed or Printed This nrea fer ellela netarhd leal 9008 36 IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT reta Approved Attorney DATED July 6 1976 SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 1976 STATE OF CALIFORNIA ss COUNTY OF SAN BERNARDIHO ON July 6 19 76 before me the undersigned a Notary public in and for said State personally appeared OFFICiAL SEAL Lloyd Yount LeRoy Holmes and James W Dilworth BRENDA M McCULLOUGH I1 known to me NOTARY PUBLIC CALIFORNIA ll to be the personS whose nameS are subscribed to the within Instrument SAN BERNARDINO COUNTV I and acknowledged to me that theY executed the same ll Uy Commission Expires July 11 1977 WITNESS my hand and official seal Notary Public in and for said State ACKNOWLEDGMENTeneraIWolcottsForm 233Rev3M IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned SAN BERNARDINO VALLEY WATER QASEIIVATION DISTRICT Presldent Secretarg Q L Attorney STA IF CATTOIATIA OOUNTY CF SAN BERNARDINO ss On June 7 1976 before me a Notary Public in and for said S tate personally appeared ROBERT T PAINE known to me to be the President and W J HILTG known to me to be the Secretary of SAN BERNARDINO VAtTRY kTER CCSERVATIN DISTRICT the corporation that executed the within instrument and known to me to be the persons wh executed the within instrument on behalf of the said cog6tion and acknowledged to me that such corporation executed the same Frttots bylaws or a resolution 7 F my a9 o1 seal I o uo i YZYXZ4 i lVJTT I My SAITA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 1976 9008 39 ttTATE OF CALIFORNA j COUNTY OF SAN BERNAIDINO I ss ON JUNE 7 19 76 before me the undersigned a Notary Public in and for said State personally appeared gIAMT3TTT knowntome to be the person whose name s subscribed to the within Instrument and acknowledged to me that he executed the same WITNESS my hand and official seal otary Public in and for said State ACKNOWLEDGMENTeflerIIWolcottForm Z31Rev 364 Boo9008 40 IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authOrized representatives undersigned YUCAIPA VALLEY COUNTY WATER DISTRICT Secretary Approved DATED August 26 1976 il i Il Il Illl SANTA ANA RIVER MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT MAY 3 1976 STATE OF CALN known to me to be thePesdentand to me to Seof e ttexecut e witn Iumown me to be the perss who executed the within Instrument on behalf of the Corporati therein named and acowledged to me that such Corporation executed the same xnd acowledged to me that such Corporatiuted the within Instrumeursuant to its bylawsoraresolutionofitsboardofdirectors W T SS my hand an oci s 1 I lC N Typed or Pted t Notary Public in and for said State pi Mi 1 881 1 Corporation Notarial Acknowledgment EXHIBIT A ENTITLEMENTS TO WATER Santa Ana River The general features for conveying Santa Ana River water are shown on Plate 2 herein Edison Company diverts water from the Santa Ana River at the confluence of Bear Creek and the Santa Ana River This use of water is based on an agreement with Bear Valley and a license issued to the Edison Company by the Federal Power Commission Water so diverted is conveyed by the Edison Company through a series of tunnels flumes and canals through Santa Ana Powerhouse No 1 and Santa Ana Powerhouse No 2 to the forebav of Santa Ana Powerhouse No 3 At the forebay to Powerhouse No 3 Bear Valley takes delivery of up to nine 9 cfs which is conveyed through the Bear Valley High Line capacity controlled by Crafton Heights Pipeline Company The remaining water in the Edison Company facility is dropped through Powerhouse No 3 At the tailrace of Powerhouse No 3 certain quantities of water are delivered into the facilities of North Fork and certain quantities are delivered into the Redlands Canal of Bear Valley There is an agreement between North Fork and Bear Valley which sets forth the entitlements to water of the respective parties Said agreement is recorded in the official records of San Bernardino County State of California Agreement File E pages 178 187 dated July 3 1885 There is an agreement between Bear Valley and Lugonia South Fork This agreement sets forth the entitlement to water of the respective parties It is the intention of this Cooperative Water Project Agreement that the Management Committee andor Parties to this Agreement will not do anything which will in any way diminish or interfere with the quantities of water each of the Parties referred to in the two agreements above is entitled to receive as its respective proportionate share of the available supply The Conservation District diverts storm flows and waters in excess of the needs of the aforementioned companies at the mouth of Santa Ana Canyon for the purpose Page I of 2 BOOKgO08 43 XHT Continued of spreading and percolating to replenish the groundwater supply The diversion by the Conservation District is covered by Licenses Nos 2831 and 2832 issued by the State of California Redlands Water diverts water from a tunnel at the mouth of Santa Ana Canyon Water is conveyed from the tunnel to the Redlands Aqueduct via a pipeline located on the west side of Greenspot Road Mill Creek The general features of conveying Mill Creek water are shown on Plate 3 herein Edison Company diverts water from Mill Creek near Forest Home in Mill Creek Canyon This use of water is based on agreements with certain water purveyors and a license issued to the Edison Company by the Federal Power Commission Water is conveyed through Edison Company facilities including Mill Creek Powerhouses Nos 3 2 and 1 After passing through Mill Creek Powerhouse No 1 water is conveyed across Mill Creek to a point where it is divided some going to Redlands some to Crafton and that portion above the needs of the two parties being returned to the channel of Mill Creek for spreading The amount of water each of the two Entities receives is based upon the ownership of Zanja hours per certain deeds and other factors as determined between i Redlands and Crafton It is the intent of this Cooperative Water Project Agreement that the Management Committee andor the Parties to this Agreement will not do anything which will in any way diminish or interfere with the quantities of water each of the Parties is entitled to receive as its respective proportionate share of the available supply The Conservation District has histOrically diverted stormflows and water in excess of the needs of Redlands and Crafton for the purpose of spreading and percolating to replenish the groundwater supply Page 2 of 2 EXHIBIT B ENTITLEMENT WATER MAXIMUM INSTANTANEOUS RATES OF FLOW AND DELIVERY POINTS See Plates 2 and 3 attached hereto Maximum Instantaneous Rates of Flow Redlands Crafton 32 cfs together Bear Valle Lugonia North Fork 88 cfs together Conservation District The maximum instantaneous rate of flow that would be available if there was no Cooperative Water Project and all Parties were operating under Historical Conditions Delivery Points Redlands Mill Creek Into the influent pipeline into Redlands Henry Tate Filter Plant at a point within the Plant site located south of Mill Creek Road in the Northeast Quarter of Section 22 T 1 S R 2 W SBBM Crafton Mill Creek Into the Zanja near the Boullioun Box and into the influent pipeline into the Redlands Henry Tate Filter Plant Conservation District Santa Ana and Mill Creek a Mill Creek In the channel of Mill Creek above the existing intake structure located on the south bank of Mill Creek in the Northeast Quarter of Section 21 T 1 S R 2 W SBBM EXHBT Continued b Santa Ana The existing main canal of the Conservation District located on the south side of Greenspot Road in the Northeast Quarter of Section 7 T 1 S R 2 W SBBM North Fork and Bear Valley Santa Ana At the existing North Fork Box located on the north side of the Conservation District main canal in the Southwest Quarter of the Southwest Quarter Section 4 T 1 S R 2 W SBBM and up to 3 cfs at the East Highlands Company weir Bear Valley and Lulonia Santa Aha Into the Redlands Aqueduct above the Mentone Reservoir Redlands Water Santa Ana Into the Rediands Aqueduct above the Mentone Reservoir East San Bernardino Santa Ana Into the North Fork Canal at or above elevation 1720 feet Paqe 2 of 2 em9008 46 EXHIBIT C DETERMINATION AND MEASUREMENT OF EXCHANGEABLE WATER Santa Aha The quantity of water in the Santa Ana River available for exchange shall be determined as follows The quantity of water measured at the USGS gage on the Edison Company canal located below the tailrace of Santa Ana Powerhouse No 2 The amount of Santa Ana River water available for exchange shall not eXceed 88 cfs The quantity of water in the tunnel belonging to Redlands Water available for exchange shall be as measured at the tunnel outlet located on the west side of Greenspot Road at the mouth of Santa Ana Canyon Mill Creek The quantity of water in Mill Creek available for exchange shall be determined as follows The quantity of water that would go through Edison Companys Mill Creek No 1 hydroplant if there were no upstream diversion The total amount of Mill Creek water available for exchange shall not exceed 32 cfs Page I of 1 EXHIBIT D FACILITIES TO BE CONSTRUCTED AS THE FIRST INCREMENT OF THE COOPERATIVE WATER PROJECT Minimum Key Number Capacity on Description in cfs Plate 1 North Fork Canal Temporary Turnout 30 114 Pumping Plant No 5 12 151 Pumping Plant No 5 Discharge Line 12 152 Foothill Pipeline to Redlands Aqueduct Turnout 30 115 SBVMWD High Line 25 119 Pumping Plant No 4 to Redlands 20 125 Connection to Redlands Tate Filter Plant 32 128 Crafton Zanja Turnout 10 127 Turnout to Mill Creek above COnservation District Spreading Intake 25 Pumping Plants and Pipelines ConnectingSBVMWDPhase2FoothillPipeline to SBVMWD High Line As Needed See Note 1 Note 1 Precise location to be determined in final design Paoe I of I eOKgO08 48 Edison Santa Am Edisor Power North Fork Box Conne East Highlands Company Weir Sent Foothill SBVMWD Phase Foothill Pipeline Pumpir Plant No SBVMWD Santa Ana Low Turnout Pumping Plant No 5 sBvwcD Santa Arm Main Canal Norlh nm Aha Wash Crossing euminlanr o 2 SBVMWD Hi Bear Valley SBVWCD Mill creek IntakeMentoneReservoir Bou The Zanja West Weir Redlands Aqueduct Crafton Canal Crafton Reservoir Bear Valley High Li Edison Santa Ana No 2 Powerhouse Edison Santa Ana No 3 Powerhouse and Tailrace Connection to Edison Santa Ana No 3 Penstock Edison Santa Ana No 3 Conduit Low Level Connection to Edison Santa Ane No 3 Penstock Edison Santa Ana No 3 Forebay High Level Connection to Edison Santa Ane No Forebay SBVMWD High Line Pumping Plant No 6 Bear Valley High Line Connection to Edison MillCreek No 2 and No 3 Tailrace Bear Valley High Line Turnout Bear Valley High Line Tempory Connection Pumping Plant No 2 Bear Valley High Line ModificationsI YucaipaSGPWA Line TREET Edison Mill Creek SBVMWD High No 2 No 3 and Tailrace q Bear Valley High Line Mill CreakYucaipa Boullioun Boxttake YucaipaSGPWA Connection to Redlands Tare Filter Plant o Redland Tare Filter Yuceipa Valley CWD Filter P1ant Turnout SBVMWD High Line Spillway Tower t Yucaipa Lakes Bear Vlley Boullioun Box Turnou I Pumping Plant No i III1 to YucaipaGPWA LinePumpingPlantNo4to Crafton Turnout i Wilson Creek Spreading Basins Turnouts Wilson Creek Spreading Basins I SGPWA Connection Bear Valley High Line L Turnout aGOG o ooo 4000 GRAPHIC SCALE I 2000 FA C1TY L iS T 110t9008 r EXSTING AAL ASSOCIATEL WATER FACLTES COOPERATIIE WATER PROJECT FACLTES Key Key Number Facility Description Numbe r Facility Description 1 North Fork Canal 101 Pumping Plant No 1 2 SBVMWD Phase 2 Foothill Pipeline 102 Foothill Line Surge Riser 3 North Fork Box 103 North Fork Reservoir Inlet System 4 East Highlands Company Weir 104 North Fork Reservoir 5 SBVWCD Santa ARa Intake Headgate 105 North Fork Reservoir Outlet System 6 SBVWCD Santa Ana Three Way Box 106 Santa ARa Wash Crossing 7 Edison Santa ARa No 3 Powerhouse and Tailrace 107 Santa Ana South Turnout 8 Redlands Aqueduct 108 Pumping Plant No 2 9 SBVMWD Santa Ana Low TUrnout 109 Foothill Pipeline to Redlands Aqueduct Turnout 10 SBVWCD Santa Ana Distribution Canal 110 Redlands Aqueduct Turnout to Foothill Line 11 Mentone Reservoir 111 Pumping Plant No 2Surge Riser 12 Redlands Water Tunnel 112 SSVWCD Santa ARa Main Canal Relocation 113 Redands Water TunnelNorth Fork Reservoir Line 114 North Fork Canal Temporary Turnout 115 Redlands Aqueduct Temporary Connection 151 Pumping PantNo 5 to North Fork Box and Pumping Plant No 6 152 Pumping Plant No 5 Discharge Line 153 Pumping Plant No 6 to SBVMWD High Line 21 Edison Santa Ana No 2 Powerhouse 116 High Level Connection to 22 Bear Valley Santa Ana Canyon Well No 2 Edison Santa ARe No 3 Forehey 23 Edison Santa Ana No 3 Conduit 117 Low Level Connection to 24 Edison Santa Ana No 3 Forebay Edison Santa ARa No 3 Penstock 25 Bear Valley High Line 118 SBVMWD High Line Tunnel 26 Edison Mill Creek No 2 Conduit 119 SBVMWD High Line 27 Edison Mill Creek No 1 Powerhouse and Tailrace 120 Pumping Plant No 2 DischargeLine 8 The Zanja East Weir 121 Bear Valley High Line Turnout 29 Redlands Tate Filter Plant 122 Pumping plant No to Yucaipa and 30 Boullioun Box SGPWA Alternative LOCation 31 SBVWCD Mill Creek Intake 123 SBVMWD High Line Spillwey Tower 32 The Zanja West Weir 124 Pumping Plant No 3 to Yucaipa and SGPWA 33 Crafton Canal 125 Pumping PantNo 4 to Redands 34 Crafton Reservoir 126 Bear Valley 8oullioun 8ox Turnout 127 Crafton Zania Turnout 128 Connection to RedandsTare FilterPant 129 Upper Zanja Turnout 130 Bear Valley High Line Temporary Connection 131 Bear Valley High Line Modifications 132 Pumping Plant No 6 DJscherge Line 133 Connection to Edison Santa Ana No Penstock 41 Edison Mill Creek No 2 Conduit 135 YucaipaGPWA Line Alternative Location 42 Edison Mill Creek No 3 Conduit 136 YucaipaSGPWA Line 43 Edison Mill Creek No 2 No 3 Powerhouse and Tailrace 137 Connection to Pipeline from Edison MillCek 44 Edison Mill Creek No 1 Stream Diversion Structures and Pipeline No 1 Stream Lversion 45 Wilson Creek Spreading Basim 138 Connection to Edison MillCreek No 2 andNo 3 Tailrace 139 Upper MillCreekYucaipa Line 140 Mill CreekYucaipa Line I41 Yucaipa Valley CWD Filter Plant Turnout 142 Yucaipa Lakes Turnout 143 Wilson Creek Spreading Badn Turnouts 144 MillCreekYucaipaSGPWA Line Surge Riser I45 Oak Glen Creek Turnout 146 SGPWA Connection to SBVMWD Facilities 147 Connection YucaipeSGPWA Line Alternative LocationEdison MillCreek No I Conduit GNRAL NOTES BECHTEL INCORPORATED SAN FRANCISCO All fecalties needed for the ultimate development of the Santa ARa and Mill Creek Cooperative Water Project are shown on this Plate SAN BERNARDINo VALLEY MUNICIPAL WATER DISTRICT Location of facilitie hown on thi Plete areConceptuel chematic WATER TRANSMISSION PROJECT and functional only Final locations may be modified from hose shown asaresultofdetaileddesign SANTA ANA RIVER AND MILL CREEK COOPERATIVE WATER PROJECT AGREEMENT Alternative locations areshown forcertain facilities Evaluation and selection of alternatives will be made later asa part of detailed CONCEPTUAL PLAN OF COOPERATIVE dei WATER PROJECT FACILITIES AND Facilitiei willbe built in increments to serve theneeds of the Perties ASSOCIATED WATER FACIUTIES 7843 PLATE I E 9 Agenda Item #4c May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #4c Discussion Item 7 9 2 Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider voting designee for the Association of California Water Agencies RECOMMENDATION That the Board of Directors designate the General Manager/CEO as the voting representative from East Valley Water District for ACWA's Fall elections. BACKGROUND / ANALYSIS The Association of California Water Agencies (ACWA) is the largest statewide coalition of public water agencies in the country. Its nearly 460 public members collectively are responsible for 90% of the water delivered to cities, farms, and businesses in California. ACWA’s mission is to provide comprehensive leadership, advocacy and resources for California public water agencies to ensure a high-quality and reliable water supply in an environmentally sustainable and fiscally responsible manner. ACWA recently distributed an Advisory announcing the Election Committee’s official Call for Candidates for President and Vice President for the 2024-25 term. In a separate but concurrent process, ACWA’s region Nominating Committees have issued a similar call for candidates interested in serving on the 10 region boards. It is important to note that starting this year, as a result of bylaw changes approved by the membership in 2022, ACWA has initiated new processes for ACWA members to elect the President and Vice President. Below are some of the major changes: •An 11-member Election Committee has been appointed to facilitate the election of the President and Vice President. The committee will confirm that candidates’ eligibility criteria has been met and endorse preferred candidates. •The Election Committee will present an open ballot on July 17 that lists all qualified candidates, including the committee’s preferred candidates. All candidates will also be listed on the ACWA website and invited to participate in a town hall style webinar in which members can ask the candidates questions. •Members of ACWA will elect the President and Vice President by voting electronically July 17 – September 15. There will be no voting during fall conference. Ballots will be emailed by a third-party vendor called Simply Voting. This web- based online voting system provides quick and verified results while keeping individual votes confidential. There will be an opportunity for agencies to opt-out Agenda Item #4c May 24, 20232 Meeting Date: May 24, 2023 Agenda Item #4c Discussion Item 7 9 2 of electronic voting. •Each member agency may cast one vote and must designate their one voting representative by June 16. If an agency does not designate a representative to vote by the deadline, the agency’s General Manager will be the authorized voter by default. •In the event that one candidate does not receive a majority of votes for President or Vice President, a run-off election will be held and a new ballot will be sent out on Sept. 26 with the two candidates that received the highest amount of votes. The deadline for members to return the ballots will be Nov. 10. East Valley Water District is entitled to submit one ballot. In order to expedite the process, ACWA has requested that each agency identify one designated voting representative to participate in the election. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership C. Strengthen Regional, State and National Partnerships REVIEW BY OTHERS This agenda item has been reviewed by the Administration Department. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO ATTACHMENTS Authorized Voting Representative Form 2023 ACWA ELECTIONSAUTHORIZED VOTING REPRESENTATIVE FORM SUBMIT YOUR FORM To: Donna Pangborn, Senior Clerk of the BoardEmail: donnap@acwa.comMail: 980 9th Street, Suite 1000, Sacramento, CA 95814 SUBMISSION DEADLINEJUNE 16, 2023 ACWA has launched two separate but concurrent election processes for the 2024-’25 term: the board officers’ election for President and Vice President and the region board elections. In order to vote for the board officers, each member agency must designate one voting representative by June 16. To designate your agency’s one voter, submit this Authorized Voting Representative Form by the June deadline. If you do not designate a representative to vote by the deadline, your agency’s General Manager will be the authorized voter by default. Authorized voters will receive an electronic ballot on July 17. For more information about ACWA’s elections, visit www.acwa.com/elections. The person designated below will cast our agency’s vote for the election of ACWA’s President and Vice President for the 2024-’25 term in the upcoming election. Member Agency’s Name Agency’s Phone No. Authorized Voting Representative’s Name Authorized Voting Representative’s Email Authorized Voting Representative’s Phone No. Our member agency would like to cast a paper ballot by U.S. mail instead of voting electronically. Please provide the mailing address below only if you are voting by mail. Mailing Address City, State and Zip Print Name of Member Agency’s Authorized Signatory Authorized Signatory Signature Date X SAVE & SUBMIT Agenda Item #4d May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #4d Discussion Item Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Approval of the Memorandum of Understanding between the East Valley Water District and the East Valley Water District Employee Partnership Non- Represented Employees’ Salaries, Benefits and Related Programs RECOMMENDATION That the Board of Directors approve the Memorandum of Understanding (MOU) between the East Valley Water District (District) and the East Valley Water District Employee Partnership July 1, 2023 – June 30, 2026, and the Non-Represented Employees’ Salaries, Benefits and Related Programs July 1, 2023 - June 30, 2026 BACKGROUND / ANALYSIS In March 2023, District discussions began with the East Valley Water District Employee Partnership (EVWDEP) representatives to begin negotiating employee salaries and benefits, as the current contract was set to expire on June 30, 2023. The representatives shared their proposals, and the General Manager/CEO shared his alternative recommendations regarding the proposals. The representatives felt that the recommendations were fair and the EVWDEP informally agreed with the proposed MOU modifications. The informal agreement was shared with the Board of Directors in closed session on April 26, 2023, followed by a full EVWDEP membership meeting to vote on the authorized proposals on May 3, 2023. The members showed support in moving all proposals forward and conducted a secret ballot election resulting in 100% of the membership voting to ratify the MOU. During this time, the General Manager/CEO and Director of Administrative Services had similar discussions with the District’s non-represented staff. The Non-Represented Employees’ Salaries, Benefits and Related Programs document does not require a vote; however, all non-represented staff are in support of the document’s contents.  Agenda Item #4d May 24, 20232 Meeting Date: May 24, 2023 Agenda Item #4d Discussion Item  The following is a summary of the agreed upon amendments to the MOU and Non- Represented Employees’ document: 1. Three-year contract for the term July 1, 2023 – June 30, 2026 2. Cost of Living Increases Year 1: 5% COLA Year 2: 5% COLA Year 3: 3% COLA along with a classification and compensation study to be conducted during this third year with results to be negotiated and implemented for the next contract 3. Standby Pay - Standby Pay no longer to be paid at a flat rate of $40/day and $80/day on holidays; instead, Standby Pay will be paid at 2 hours of assigned employee’s regular rate of pay for each day of Standby Duty served, and 3 hours of assigned employee’s regular pay for Standby Duty served on a District observed holiday 4. Call Back Pay – Call back pay will increase from $20 to $40 5. District 457 Deferred Compensation Match - $25 increase per month 6. Bilingual Pay - Bilingual Pay of $.50/hour will be provided, however, it will only to be offered to Spanish speaking Customer Service and Public Affairs staff 7. Certification Incentive Pay – Wastewater Treatment certifications to be added to the Certification Incentive Pay Program The agreed upon amendments above have been incorporated into the attached 2023- 2026 Memorandum of Understanding between the East Valley Water District and the East Valley Water District Employee Partnership and Non-Represented Employees’ Salaries, Benefits and Related Programs document. AGENCY GOALS AND OBJECTIVES III - Deliver Public Service With Purpose While Embracing Continuous Growth C. Promote a Positive Organizational Culture REVIEW BY OTHERS This agenda item has been reviewed by the Administration Department, the Finance Department, and the EVWDEP representatives. Agenda Item #4d May 24, 20233 Meeting Date: May 24, 2023 Agenda Item #4d Discussion Item FISCAL IMPACT There is no impact to the current budget. Labor and benefit costs will be included in future District budgets for FY 24- FY26. The table below presents the incremental costs for each year of the three-year contract. Year 1 Year 2 Year 3 $527,272.00 $568,781.00 $409,039.00 Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Kerrie Bryan Director of Administrative Services ATTACHMENTS 1. Memorandum of Understanding Between the East Valley Water District and the East Valley Water District Employee Partnership, July 1, 2023– June 30, 2026 2. Non-Represented Employees’ Salaries, Benefits and Related Programs, July 1, 2023 – June 30, 2026 0 `2 1 TABLE OF CONTENTS ARTICLE TITLE PAGE NO. 1 Designation of Parties 1 2 Purpose 2 3 Term 2 4 Compensation 2 5 Membership Dues 5 6 Working Out of Classification 5 7 Health and Welfare Benefits 6 8 Deferred Compensation Match 7 9 Computer Purchase Program 7 10 Standby 8 11 Call Back 8 12 Certification Incentive Pay 9 13 Bilingual Pay 10 14 Hours of Work 10 15 Overtime 12 16 Sick Leave 12 17 Vacation 18 18 Bereavement Leave 19 19 Holidays 20 20 Absence Without Pay 21 21 Authorized Leave 21 22 Probationary Period 22 23 Separability 22 24 Uniforms 22 25 Employee Retention Incentive Program 23 26 Retiree Health Insurance 23 27 Retirement – PERS Contract 24 APPENDICES Appendix A Salary Schedule 26 Appendix B Salary Range 28 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE EAST VALLEY WATER DISTRICT AND THE EAST VALLEY WATER DISTRICT EMPLOYEE PARTNERSHIP ARTICLE 1 DESIGNATION OF PARTIES This Memorandum of Understanding (MOU) constitutes an agreement between the designated representatives of the East Valley Water District (District) and representatives of the East Valley Water District Employee Partnership (Partnership). The Partnership is the exclusively recognized employee organization, representing all classifications in the unit, as set forth below: Accounting Technician Meter Technician II Administrative Assistant Senior Accounting Technician Customer Service Representative I Senior Field Service Worker Customer Service Representative II Customer Service Representative III Electrical and Instrumentation Senior Treatment Plant Operator Senior Wastewater Treatment Plant Operator Controls Technician I Storekeeper/Buyer Electrical and Instrumentation Wastewater Treatment Plant Mechanic I Controls Technician II Wastewater Treatment Plant Mechanic II Facilities Maintenance Worker I Wastewater Treatment Plant Operator I Facilities Maintenance Worker II Wastewater Treatment Plant Operator II Field Service Worker I Wastewater Treatment Plant Operator III Field Service Worker II Water Production Operator I Field Service Worker III Water Production Operator II Fleet Maintenance Coordinator Water Production Operator III Meter Technician I Water Quality Coordinator Water Quality Technician 2 ARTICLE 2 PURPOSE The parties to this Memorandum of Understanding (MOU) agree that its purpose is to confirm and maintain a spirit of cooperation between the District and the general employees of the District. The District and the Partnership will strive to promote a harmonious relationship between the parties, through this MOU, that will result in benefits for the District and provisions of continuous and uninterrupted services. Except as otherwise expressly modified by this MOU, the Personnel Rules and Administrative Policies and Programs Manual shall remain in full force and effect as written. ARTICLE 3 TERM This MOU shall be effective as of July 1, 2023, upon ratification of the Partnership and approval by the full District's Board of Directors. It shall remain in full force and effect through June 30, 2026, and from month to month thereafter or until such time as agreement has been reached on a successor MOU. ARTICLE 4 COMPENSATION Cost of Living Adjustments (COLAs) – The following COLAs and/or classification and compensation survey will be implemented during the term of this three (3) year contract: Year 1 - Five percent (5%) COLA effective July 1, 2023. Year 2 – Five percent (5%) COLA effective July 1, 2024. 3 Year 3 – Three percent (3%) COLA effective July 1, 2025, along with a classification and compensation study to be conducted during this third year with results to be negotiated and implemented for the next contract. Salary Schedule - Refer to Appendix A for the Salary Schedule effective July 1, 2023. Pay for Performance - The Pay for Performance Program is a discretionary incentive program that allows for up to an additional five percent (5%) of base salary, aligned with the performance review cycle, to be paid out annually in lump sum form for commendable performance. Employees are eligible for the program upon completion of probation. Pay for Performance is utilized for those employees whose performance consistently meets or exceeds expectations as defined by efforts toward divisional and personal goal achievement, successful ratings on evaluation core competencies, and for those who have been identified as giving world class customer service, have established more efficient business processes, or generate ideas resulting in cost savings for the District. An employee must at least “meet expectations” in all core competencies on their annual Performance Evaluation to be eligible for this program. It is at the supervisor’s discretion to determine the percentage recommendation for their staff’s Pay for Performance incentive. Also, an employee may not have received formal discipline during the rating period to be considered eligible for this program. Employees with performance that either “Meets Expectations,” “Exceeds Expectations,” or “Far Exceeds Expectations,” will have the opportunity to participate in the Pay for Performance Program and have the potential to earn a lump sum payment of up to 5% of base salary. If base pay is above the maximum: Employees with pay frozen at or above the maximum of their range and perform at “Meets Expectations,” “Exceeds 4 Expectations,” or “Far Exceeds Expectations,” will have the opportunity to participate in the Pay for Performance Program and have the potential to earn a lump sum payment up to 5% above the range maximum. Pay for Performance Evaluation Procedure - The process for the Pay for Performance evaluation is as follows: 1. Core competencies, goals and objectives will be determined at the beginning of the fiscal year. 2. Supervisors and managers will meet with staff to communicate Department and individual goals as well as recommended actions staff should take to achieve these goals. 3. Prior to the end of the rating period (June 30th), staff will be asked to complete a self-evaluation relating to the core competencies, goals and objectives, and overall performance for their supervisor to review. 4. At the end of the rating period, after self-evaluations are submitted, a performance evaluation will be completed to document each employee’s accomplishments relative to the core competencies, goals and objectives, and overall employee performance. This will assist the supervisor in determining eligibility and the percentage recommendation for the Pay for Performance incentive. 5. The General Manager/CEO or designee will review all incentive recommendations and give final approval. 6. Incentive checks will be distributed on the first Friday of the new fiscal year, unless July 4th happens to fall on the first Friday of the new fiscal year then the incentive check will be distributed on the second Friday of the fiscal year. 5 7. If an employee does not agree with the incentive percentage recommended by their supervisor, they may speak with Human Resources, and if the issue is not resolved, they may request a meeting with the General Manager/CEO. ARTICLE 5 MEMBERSHIP DUES The dues for regular membership of the Partnership shall be set by the Partnership at whatever level is necessary to maintain membership. Membership dues will not be collected during the term of this three (3) year contract. In the future, if a majority of the membership vote to collect dues, a membership meeting will be scheduled according to the Partnership Bylaws to determine the start date for collection of dues and to establish the dues deduction amount. ARTICLE 6 WORKING OUT OF CLASSIFICATION Employees in the unit assigned to work in a higher classification in excess of ten (10) consecutive working days, upon supervisor recommendation, will be granted a five percent (5%) salary increase or the "A" step of the higher classification, whichever is greater, for all time worked in the higher classification beginning with the eleventh (11th) workday, except for an employee in a trainee status. Increases in pay may be granted to recognize the temporary assignment of more difficult duties requiring a greater level of skills. "Selected positions may be authorized additional compensation, rather than being reclassified to a higher level". Temporary assignments as provided herein will not exceed one (1) year and shall not be used to avoid reclassification of the affected position. Increases in pay shall be temporary so long as the higher -level duties are assigned and performed. All such increases shall be authorized by the General Manager/CEO and shall not affect an employee's step advancement in the base range. 6 ARTICLE 7 HEALTH AND WELFARE BENEFITS Percentage Based Employer Contribution Plan - Effective January 1, 2017, the Flexible Benefit Plan was eliminated and replaced by the Percentage Based Employer Contribution Plan (PBECP). A. PEMHCA Contribution - The District will pay the Public Employees' Medical & Hospital Care Act (“PEMHCA”) minimum contribution for employees enrolled in the CalPERS Health Program through the District. This amount is set by CalPERS annually. For 2023, the minimum contribution is $151.00 per month. B. Health Insurance - In addition to the PEMCHA minimum contribution, all Partnership members shall be eligible to participate in the PBECP. The PBECP covers the difference between the PEMHCA minimum contribution and 90% of health benefit premiums for employees and their qualified dependents up to the cost of the benchmark plan (Blue Shield for the term of this contract) for the benefit year. Employees will be responsible for covering the remaining 10% of the health benefit premium costs, and any additional costs incurred by selecting a health plan above the benchmark plan. C. Dental and Vision Insurance - The District will cover 100% of the employees’ selected group dental and vision plans for employees and their qualified dependents. D. Declination/Withdrawal Provision - A declination/withdrawal provision is included to allow employees with alternative coverage to opt-out of the District’s health benefits plan. Employees must show proof of alternative coverage annually. There is no cash-in-lieu provision associated with declining the District’s benefits. 7 Life Insurance - The District will pay the premiums for $100,000 Life and AD&D Insurance Policies for all Partnership members. Coverage During Leave of Absence - In accordance with Section 7.03 – E of the District’s Personnel Rules, the District will continue contributions for health, dental, vision, and life insurance premiums for a period not to exceed four (4) months during any approved medical leave, or during any period in which the employee has accrued leave time and is utilizing this leave time, whichever occurs later. If an employee wishes to continue coverage after the four-month period, the employee will be responsible for paying the District the premiums one month ahead of coverage. Flexible Spending Account - The District shall offer a Flexible Spending Account for the benefit of its employees. This program is in accordance with the provisions of IRS Publication 969. ARTICLE 8 DEFERRED COMPENSATION MATCH Effective July 1, 2023, the District will match contributions of up to $125.00 per month for employees currently enrolled and participating in the 457 Deferred Compensation plan. ARTICLE 9 COMPUTER PURCHASE PROGRAM Full-time, non-probationary employees will have the opportunity to participate in the Computer Purchase Program which provides an interest free loan where employees can choose from a selection of computers, laptops, tablets, printers purchased by the District to be paid back through payroll deduction. Please reference the District’s Computer Purchase Program document which sets guidelines and limitations for the terms and conditions of the program. 8 ARTICLE 10 STANDBY Employees assigned to standby status shall be compensated at the rate of 2 hours of assigned employee’s regular rate of pay for each day of standby duty served, and 3 hours of assigned employee’s regular pay for standby duty served on a District observed holiday. Employees assigned to standby duty will be compensated for a minimum of two hours overtime pay for calls lasting two hours or less. Additional calls that may come in during the initial two-hour timeframe will be considered compensated if work is completed within the two hours. Standby duty requires that employees so assigned shall: (1) be ready to respond immediately; (2) be reachable by telephone or other communicating devices; (3) be able to report to active duty not later than thirty (30) minutes from time of contact and (4) refrain from activities which might impair their ability to perform assigned duties. Employees not assigned to standby duty have no obligation to meet these requirements. ARTICLE 11 CALL BACK District employees called back to active duty after completing their normal tour of duty and leaving the work site shall be entitled to call back compensation. Call back compensation in an amount of forty dollars ($40.00) shall be paid for each call back occurrence exclusive of any other premium pay provision. A minimum of two hours overtime shall be paid for each call back occurrence. Call back compensation shall not apply to employees assigned to standby duty pursuant to Article 10, Standby. 9 ARTICLE 12 CERTIFICATION INCENTIVE PAY Sewer Response Team – This program was eliminated effective July 1, 2014, as the District has identified that compensation for responding to sewer emergencies is included in Stand-by Pay and in the overtime pay employees receive for responding to such emergencies. Employees currently participating in the program on the date of the contract’s approval will be grandfathered in and continue to receive the salary differential of two and one-half percent (2.5%). Commercial Drivers – This program was eliminated effective July 1, 2014, as the District has identified through market analysis that obtaining a Commercial License is a condition of employment for specified positions and the salary range for those specified positions is inclusive of compensation for that license. Employees currently participating in the program on the date of the contract’s approval will be grandfathered in and continue to receive the salary differential of two percent (2%). Water Distribution, Water Treatment, and Wastewater Treatment Incentive Pay Program – Employees working in the Operations or Water Reclamation Departments are eligible to receive a one-time certification incentive payment of $1,500 for each certification obtained of grade two or higher water distribution, water treatment, and wastewater treatment certifications. Certifications must be job related and approved by the employee’s supervisor. Employees must submit an official copy of the certification in order to receive the Incentive Pay. Distribution and Production Operators Differentials – These programs were eliminated effective July 1, 2017, and replaced by the Water Distribution and Water Treatment Incentive Pay Program. Employees previously receiving differential pay based on a percentage of their pay per certification will be grandfathered into the program. Those employees grandfathered into the program will no longer receive the 10 differential as a percentage of their pay, however, they will receive the equivalent monetary value each pay period equal to that received in the last pay period of the 2016/17 Fiscal Year and the pay will be frozen at that amount. This grandfathered differential pay will continue to be considered Pensionable Compensation under CalPERS regulations. ARTICLE 13 BILINGUAL PAY Employees within the Customer Service and Public Affairs/Conservation Departments who speak, read, write, and/or translate Spanish in their daily duties will be compensated fifty cents ($.50) per hour in addition to their regular pay. The respective Department Supervisor will notify Human Resources of any employees that will be assigned bilingual duties eligible for Bilingual Pay. Human Resources will ensure an assessment of competency for employees who have been assigned bilingual duties to certify that these employees are eligible for Bilingual Pay. The effective date of Bilingual Pay certification shall be the first day of the pay period following notification to Human Resources of the passing of the bilingual assessment. A transfer in position or department may result in a loss of Bilingual Pay if that department or position is no longer eligible. ARTICLE 14 HOURS OF WORK Work Hours - Work hours are the hours an employee is assigned to perform duties on behalf of the District. All full-time District employees (unless otherwise approved by the General Manager/CEO or designee) shall work a 11 9/80 work schedule, which is worked as one week at 36 hours and one week at 44 hours. The full eighty hour pay period is worked in nine (9) days rather than 10. Overtime is paid for hours in excess of nine (9) hours worked per day or eight (8) hours on employee’s non-flex day; not 40 hours per week. With the 9/80 work schedule, the work week period will begin each Saturday and end the following Friday. Employees shall work Monday through Thursday, for nine (9) hours and alternating Fridays for eight (8) hours. Employees will be scheduled for two days off during one calendar week and three days off during alternating calendar weeks. This additional day off shall be referred to as a flex day. Employee work hours shall be established by the District and are subject to change based upon the needs of the District and upon a minimum of two (2) weeks notification to employees. To ensure quality service levels to the District’s operations, the following working schedules have been established for staff in the office and field: Office Staff: Monday through Thursday: 7:30 am – 5:30 pm Alternating Friday 7:30 am – 4:30 pm Field Staff: Monday through Thursday 6:30 am – 4:00 pm Alternating Friday 6:30 am – 3:00 pm Work Periods - If District Management concludes that the 9/80 work schedule is not conducive to District operations, the District will meet and confer on the impact of discontinuing the program. Thirty days’ notice will be provided to employees prior to the termination of a 9/80 schedule. 12 ARTICLE 15 OVERTIME All time worked in excess of the established standard work week shall be considered as approved overtime. Overtime will be compensated at one and one-half (1-1/2) times the employee's base hourly rate. Overtime shall be reported and compensated in fifteen (15) minute increments. ARTICLE 16 SICK LEAVE A. Definition - Sick leave is an insurance or protection to be granted in circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right to time off from work. Sick leave permits the employee to be absent from duty without the loss of pay when they are incapacitated by reason of illness, injury or pregnancy and confinement or when a member of the immediate family must be attended to by the employee; or when an employee has been exposed to a contagious disease and his presence on the job might endanger fellow workers. When approved in advance, sick leave may also be used for medical, dental, or optical examinations or treatments. Maternity leave is chargeable to sick leave, annual vacation and leave without pay as appropriate. To support a request for maternity sick leave, the employee must submit a statement by her attending physician showing the expected period during which she will be incapacitated from the performance of official duties. For purposes of "attended to" (cared for) as defined herein, immediate family refers to spouse, mother, father, son, daughter, step relations, ward and, when residing in the employee's home, sister and brother. Time off for an employee to attend to a member of the immediate family shall be limited to a maximum of six and one-half (6.5) days (52 hours) per calendar year. Additional time may be authorized by the General Manager/CEO based on a case-by-case review of the employees’ sick leave usage. 13 B. Initial Credit and Accumulation - Sick leave is earned at the rate of 4.5 hours (one half day) for each full bi-weekly pay period (13 days per year), and it can be accumulated without limitation. C. Notice of Sickness - When the employee is incapacitated from the performance of his or her duties for reasons that entitle him or her the use of sick leave, he or she must notify his or her department supervisor or other supervisor within thirty (30) minutes of their regular start time. D. Review - An absence of sick leave for more than five (5) workdays must be supported by a medical certificate. E. Improper Use - If, after reviewing an employee's record of sick leave usage, the District believes sufficient cause exists to suspect abuse of sick leave, a medical certificate may be required for any subsequent use of sick leave. F. Sick Leave Cash Out - Employees may cash out accrued sick leave balances as follows: 1. Employees may request reimbursement for up to three hundred (300) hours of accrued sick leave per calendar year provided, however, that a minimum of 160 hours (four weeks) accrual is retained after said reimbursement. All requests for reimbursement must be submitted to Payroll no later than December 1st of each year. G. Sick Leave Cash Out at Separation - After ten (10) years of continuous service with the District, employees separating from employment are eligible to cash out a percentage of their sick leave accrual based on the cash out tiers as follows: 14 1. Sick leave tiers are based on the number of hours that can be accrued in a fiscal year (117 hours per year). Employees may accrue an unlimited amount of sick leave, however, the maximum hours an employee can cash out at retirement is 589 hours (equivalent of 5 years’ accrual). 2. Employees who retire from the District may apply remaining sick leave balances toward CalPERS for retirement credit. 3. In the event of an employee’s death, cash payment of remaining sick leave balances will be made to the employee’s estate based on the designated cash out tiers. In the event of death resulting from occupational injury, cash payment shall be made to the employee's estate of 100% of remaining sick leave balances. H. Worker's Compensation - Employees shall be provided with up to a maximum of three consecutive days of un-chargeable leave following an occupational injury unless otherwise required by the Worker's Compensation Act of the State of California. The deduction by the District from the employee's accumulated sick leave shall be limited to the same percentage as the amount due from Worker's Compensation bears to the amount paid by the District. For example, an employee of the District entitled to $12.00 per day from the District received Sick Leave Tier Sick Leave Balance as of Separation Date Percentage of Balance Available for Cash Out 1 0 – 117 hours 50% 2 118 – 235 hours 55% 3 236 – 353 hours 60% 4 354 – 471 hours 65% 5 472 – 589 hours 70% 15 $9.00 per day from Worker's Compensation and the difference of $3.00 per day being paid by the District. In deducting from such employee's accumulated sick leave, such deduction shall be made daily on the same basis (i.e., 1/4 of a day). Example and Intent - When an employee is out on an industrial injury, no charge will be made to leave benefits for the first three days. Any payments from workers’ compensation will be applied to re-purchase sick leave or vacation used. It is the intent to provide full benefits where possible and is not construed to allow the employee windfall income but to keep them whole. I. Catastrophic Leave: 1. Definition. Catastrophic Leave is an approved Leave of Absence due to a verifiable long-term illness or injury resulting in either physical or mental impairment. Job and/or personal stress (not the result of a diagnosed mental disorder) is specifically excluded from entitlement to Catastrophic Leave. A statement from the employee's treating physician, subject to review and approval by the District's Occupational Physician, is required. 2. Application. The employee on an approved Medical Leave of Absence who is receiving Catastrophic Leave can continue to earn benefit monies pursuant to the forty-one (41) hours per pay period requirement of the Flexible Benefit Plan set forth in section 8.01.A.3.b of the Personnel Rules. An employee receiving leave under this program is not eligible for receipt for any accruals such as vacation or sick leave. 3. Eligibility. a) Catastrophic leave is only available to employees on regular, non-probationary status with the District. 16 b) The employee must meet all of the following criteria before he/she becomes eligible for Catastrophic Leave donation. i. Be on an approved medical leave of absence for at least thirty (30) calendar days (160 working hours) exclusive of an absence due to a work-related injury and/or illness; and ii. Submission of a doctor's off-work order verifying the medical requirement to be off work; and iii. Exhaustion of all available leave balances. 4. Donation. a) Vacation, holiday, as well as compensatory time, may be donated by employees only on a voluntary and confidential basis, in increments of eight (8) hours, not to exceed a total of fifty percent (50%) of a donor employee's annual vacation, holiday, or compensatory time accrual per employee. The donee employee receiving the Catastrophic Leave will be taxed accordingly. b) The donation shall be for the donee employee's Catastrophic Leave only. The total donation allowed to any one employee of the District shall be limited to one thousand forty (1040) hours per fiscal year. c) Donor hours shall be contributed at the donor's hourly base salary rate and be converted to the donee's hourly base salary, exclusive in both instances of overtime, differentials, and the like, as the singular purpose of this program is to provide financial assistance to the donee employee. 17 d) Any donated time unused by the donee employee for the medical emergency shall remain in the donee's accruals to be utilized as follows: i. An employee on Catastrophic leave who has received the approval of his physician and the District's Occupational Health Physician to return to full time work shall have all unused Catastrophic Leave converted to an equal amount of sick leave which will be available to the employee according to the applicable provision of Section 7.02 of the Personnel Rules. ii. An employee on Catastrophic Leave who has received the approval of his physician and the District's Occupational Health Physician to return to work on a part time basis (less than the employee's normally scheduled hours of work per pay period) may record each pay period a combined total of work time and Catastrophic Leave not to exceed the lesser of eighty (80) hours or the employee's normally scheduled hours of work. iii. The General Manager/CEO may impose other terms and conditions on the donation as deemed appropriate and may charge the Catastrophic Leave donation for the actual administrative costs incurred by the District. iv. Solicitation of donors shall be regulated by the District's Personnel Department. The names of the donors shall be confidential and the privacy rights of the donee shall be protected to the extent permitted by law. v. All donors and donees shall sign release forms to be prepared and retained by the District's Personnel Department. 18 vi. An employee will not be allowed to donate hours of leave if his resulting sick leave balance drops below one hundred sixty (160) hours. 5. Implementation. a) The District shall meet and confer with representatives of the employees regarding issues arising from the implementation of this program. ARTICLE 17 VACATION A. Definition - Vacation with pay is a right earned as a condition of employment and made available in the interest of the District for the recreation, health, and wellbeing of the employee, subject to approval by the General Manager/CEO or designee. B. Annual Vacation Leave Earned - Annual vacation leave is earned as follows: Years of District Service Accrual Earned Per Pay Period Accrual Earned Per Year Fewer than 3 years 4 hours 104 hrs/year 3-10 years 6.15 hours 160 hrs/year 10 years or more 8 hours 208 hrs/year 1. Annual vacation leave may be accumulated for use in succeeding years, but the maximum amount that can be carried over from one calendar year to the next is 300 hours. 2. A change in the rate of annual vacation leave accrual shall take effect in the pay period following the one in which the employee completed the required length of service. 19 3. Vacation leave shall only accrue upon completion of a full eighty (80) hour pay period. 4. New employees may begin utilizing their vacation accruals after six (6) months of service with the District, or upon supervisor approval. C. Approval - Although annual vacation leave occurs as an earned right, the time at which vacation leave may be taken and the amount granted during any period are based on business need and are at the supervisor’s discretion. Vacation leave may be denied or asked to be postponed, however, no employee will lose earned vacation accruals based on business need. All accruals will remain until leave time is taken. Vacation leave must be approved in advance by the supervisor or designee except in cases of emergency. D. Vacation as Sick Leave - Vacation may be used in lieu of sick leave if the employee desires. E. Vacation Leave Cash Out - In lieu of taking annual vacation leave, employees have the ability to cash out an unlimited amount of vacation time provided that the employee has taken, or has approval to take, at least five (5) days of vacation that year and must maintain eighty (80) vacation hours on the books. Each such request is subject to the approval of the employee’s supervisor or designee. Only the General Manager/CEO or designee may approve requests outside of the stated conditions. F. Termination - Employees, upon separation from the District, shall be paid a cash lump sum at their then current salary rate as set forth in the Basic Salary Schedule for any unused annual vacation credits. ARTICLE 18 BEREAVEMENT LEAVE In the event of a death in a full-time employee’s immediate family, bereavement leave will be granted of up to five (5) cumulative working days 20 per occurrence. For this section, immediate family is defined as spouse, child (natural, adopted or step), parent (natural, adopted or step), grandparent, grandchild, brother, sister, step-brother, step-sister, and present in-laws (father, mother, son, daughter, brother, sister). In the event of a death in a full-time employee’s close family, bereavement leave will be granted of up to three (3) cumulative working days per occurrence. For this section, close family is defined as aunt, uncle, niece, and nephew. The General Manager/CEO or designee may authorize the use of Bereavement Leave for relationships other than those specified. If additional hours are required, the employee may elect to take these hours without pay or have the hours deducted from his/her accrued sick or vacation leave. District employees may be excused by their immediate supervisor to attend the memorial of a deceased District employee without the loss of pay. ARTICLE 19 HOLIDAYS A. The following are to be considered as approved holidays for the employees of the District and will be so ordered as follows: January 1 (New Years' Day) Second Monday in October (Columbus Day) Third Monday in January (Martin Luther King’s Birthday) November 11 (Veteran's Day) Fourth Thursday in November Third Monday in February (Presidents' Day) (Thanksgiving Day) Fourth Friday in November Last Monday in May (Memorial Day) (Day after Thanksgiving) June 19 (Juneteenth) December 24 (Christmas Eve) July 4 (Independence Day) December 25 (Christmas Day) First Monday in September (Labor Day) December 31 (New Year’s Eve) 21 In addition to the above-mentioned holidays, the District will be closed from Friday, December 22, 2023, through Monday, January 1, 2024. The District will reopen for business on Tuesday, January 2, 2024. A number of employees will be required to cover Standby Duty in order to respond to customer calls/emergencies and District management staff will be available as needed. Note: The District holiday closure will be revaluated each year. When any of the legal holidays, other than those specifically set for a Monday, fall on Sunday, they will be observed the following Monday, and if any of such holidays fall on a Saturday, they will be observed the preceding Friday. ARTICLE 20 ABSENCE WITHOUT PAY Absence without pay is classified as leave without pay and shall be granted upon approval of the General Manager/CEO or designee. Sick and vacation leave accruals will cease when an employee is on an unpaid leave. ARTICLE 21 AUTHORIZED LEAVE A. Military Leave - Military leave and regulations for payment pertaining thereto shall be in accordance with the provisions of the Military and Veterans Code of the State of California. B. Jury Duty – Employees who are summoned to appear and serve for jury duty shall be entitled to up to eighty (80) hours of jury duty leave per year. Employees summoned will be required to produce a certificate from the court which shows the dates of attendance. If a summoned employee receives payment from the court for jury duty service, the payment must be transferred to the District’s Finance Department. The employee will then receive his or her regular rate of pay for the jury service. The same guidelines apply to employees who have been subpoenaed as a witness in a court matter. 22 ARTICLE 22 PROBATIONARY PERIOD The probationary period for newly hired District employees shall be twelve (12) months. The probationary period for internally promoted employees shall be six (6) months. If the probationary employee is absent during this period, their probationary period may be extended by an equivalent amount of time. ARTICLE 23 SEPARABILITY If any portion of this MOU is held to be invalid by a court of competent jurisdiction, the remainder of this MOU shall not be affected thereby. Upon issuance of the final determination of the court, the parties agree to meet and confer concerning only those matters directly affected by the decision. ARTICLE 24 UNIFORMS The District will provide field employee uniforms and bear the cost of the regular cleaning, maintenance, and replacement of uniforms. The District will provide a $400.00 allowance per year for the purchase of safety-toed shoes required to be worn by employees. The shoe allowance may also be used toward re-soling existing safety-toes shoes, toward any necessary shoe repair, and toward related accessories such as laces, inserts, and protectant spray. The District currently has a contract with Boot Barn and Work Boot Warehouse for these purchases. The District will provide uniform shirts for Customer Service Representatives and other office staff as designated. These employees will have the option of selecting their choice of style and color from a District designated list and will be provided a sufficient number of shirts to get them through the work week without laundering. Shirts will be replaced on an as-needed basis. 23 ARTICLE 25 EMPLOYEE RETENTION INCENTIVE PROGRAM This program was eliminated effective July 1, 2014. Employees currently participating in the program on the date of the contract’s approval will be grandfathered in and continue at their current status and will receive one annual lump sum payment the first pay period in December of each year as follows: After 10 years through the end of 14th year $125 After 15 years through end of the 19th year $250 After 20 years through the end of the 24th year $375 After 25 years $500 In the event an eligible employee retires from District service prior to the first pay period in December of any year, employee will receive the Employee Retention Incentive for that year at the time of retirement. ARTICLE 26 RETIREE HEALTH INSURANCE The District will pay the Public Employees' Medical & Hospital Care Act (“PEMHCA”) minimum contribution for retirees enrolled in the CalPERS Health Program through the District. This amount is set by CalPERS annually. For 2023, the minimum contribution is $151.00 per month. Effective for the term of this contract, in addition to the PEMCHA minimum contribution, the District shall reimburse eligible retirees any additional premium costs up to $850.00 per month, until the retiree becomes eligible for Medicare. To become an eligible retiree, an employee must retire from the District with a minimum of 10 years of District service. Retirees have the freedom to enroll in the District’s CalPERS Health Program or a health care plan of their choice. 24 If the retiree elects a health care plan outside of the CalPERS Health Program, they will be required to show proof of health insurance coverage annually in order to receive the District’s reimbursement. The eligible retiree will receive the last reimbursement from the District the month they reach the age of eligibility for Medicare. In the event the eligible retiree dies before reaching the age of eligibility for Medicare, the District will extend this benefit to the surviving spouse until the spouse reaches the age of eligibility for Medicare. ARTICLE 27 RETIREMENT - PERS CONTRACT 2.7% @ 55 - The District has negotiated with CalPERS to provide the “2.7% @ 55” Retirement Formula to employees that are considered classic members under the Public Employees’ Pension Reform Act of 2013 (PEPRA). Classic members are defined as members of the CalPERS retirement system or any other public retirement system that is subject to reciprocity. Classic members contribute the full employee share of 8% of their annual salary. 2% @ 62 – New members under PEPRA are provided the “2% @ 62” retirement formula with a 6.5% employee contribution. New members are defined as employees who were not members of a public retirement system prior to January 1, 2013; or members of a public retirement system that were not subject to reciprocity with the new employer’s plan; or anyone who was an active member of a retirement system and has a break in service six months or more. 25 *** MOU TERM: July 1, 2023 through June 30, 2026 AGREED ON: May 24, 2023 EVWDEP: EVWD: Michael Baffa, EVWDEP Rep Phillip Goodrich, Chairman of the Board Jeremy Subriar, EVWDEP Rep Michael Moore, General Manager/ CEO Jennifer Wallace, EVWDEP Rep 26 Appendix A 27 28 Appendix B 29 30 0 TABLE OF CONTENTS Section TITLE PAGE NO. 1 Non-Represented Classifications 1 2 Duration 2 3 Compensation 2 4 Working Out of Classification 5 5 Health and Welfare Benefits 5 6 Deferred Compensation Match 7 7 Computer Purchase Program 7 8 Vehicle Allowance 7 9 Cellular Phone Allowance 8 10 Certification Incentive Pay 8 11 Bilingual pay 10 12 Hours of Work 11 13 Overtime 12 14 Sick Leave 12 15 Vacation 18 16 Administration Leave 19 17 Bereavement Leave 20 18 Holidays 21 19 Absence Without Pay 22 20 Authorized Leave 22 21 Probationary Period 22 22 Uniforms 23 23 Employee Retention Incentive Program 23 24 Retiree Health Insurance 24 25 Retirement – PERS Contract 24 APPENDICES Appendix A Salary Schedule 26 Appendix B Salary Range 28 1 Non-Represented Employees’ Salaries, Benefits and Related Programs July 1, 2023 through June 30, 2026 SECTION 1 NON-REPRESENTED CLASSIFICATIONS The District’s non-represented job classifications include all job classifications and employees not represented by an exclusively recognized employee organization. The District’s Board of Directors may approve new classifications to be added to the non-represented classification listing below: General/Confidential (Non-Exempt) Management (Exempt) Accountant Information Technology Manager Administrative Specialist Public Affairs Manager Business Services Coordinator Senior Engineer Conservation Coordinator Facilities and Fleet Supervisor Senior Management (Exempt) Field Service Supervisor District Clerk Human Resources Coordinator Operations Manager Information Technology Analyst Water Reclamation Manager Public Affairs Coordinator Public Affairs Specialist Executive Management (Exempt) Water Production Supervisor Chief Financial Officer (Unclassified/At-Will) Professional/Supervisory (Exempt) Director of Administrative Services Administrative Analyst (Unclassified/At-Will) Customer Service Supervisor Director of Engineering and Operations Finance Supervisor (Unclassified/At-Will) Network Administrator Director of Strategic Services (Unclassified/At-Will) 2 SECTION 2 DURATION This Non-Represented Employees’ Salaries, Benefits and Related Programs document shall remain in full force and effect up to and including June 30, 2026. However, if a successor document is not approved by June 30, 2026, this document shall remain in force until a successor document is approved. SECTION 3 COMPENSATION Cost of Living Adjustments (COLAs) – The following COLAs and/or classification and compensation survey will be implemented during the term of this three (3) year agreement: Year 1 - Five percent (5%) COLA effective July 1, 2023. Year 2 – Five percent (5%) COLA effective July 1, 2024. Year 3 – Three percent (3%) COLA effective July 1, 2025, along with a classification and compensation study to be conducted during this third year with results to be negotiated and implemented for the next contract. Salary Schedule - Refer to Appendix A for the Salary Schedule effective July 1, 2023. Pay for Performance - The Pay for Performance Program is a discretionary incentive program that allows for up to an additional 10% of base salary for management and five percent (5%) of base salary for other non -represented employees, aligned with the performance review cycle, to be paid out annually in lump sum form for commendable performance. Employees are eligible for the program upon completion of probation. Pay for Performance is utilized for those employees whose performance consistently meets or exceeds expectations as defined by efforts toward 3 divisional and personal goal achievement, successful ratings on evaluation core competencies, and for those who have been identified as giving world class customer service, have established more efficient business processes, or generate ideas resulting in cost savings for the District. An employee must at least “meet expectations” in all core competencies on their annual Performance Evaluation to be eligible for this program. It is at the supervisor’s discretion to determine the percentage recommendation for their staff’s Pay for Performance incentive. Also, an employee may not have received formal discipline during the rating period to be considered eligible for this program. Employees with performance that either “Meets Expectations,” “Exceeds Expectations,” or “Far Exceeds Expectations,” will have the opportunity to participate in the Pay for Performance Program and have the potential to earn a lump sum payment of up to 5% of base salary. If base pay is above the maximum: Employees with pay frozen at or above the maximum of their range and perform at “Meets Expectations,” “Exceeds Expectations,” or “Far Exceeds Expectations,” will have the opportunity to participate in the Pay for Performance Program and have the potential to earn a lump sum payment up to 5% above the range maximum. Pay for Performance Evaluation Procedure - The process for the Pay for Performance evaluation is as follows: 1. Core competencies, goals and objectives will be determined at the beginning of the fiscal year. 2. Supervisors and managers will meet with staff to communicate Department and individual goals as well as recommended actions staff should take to achieve these goals. 3. Prior to the end of the rating period (June 30th), staff will be asked to complete a self-evaluation relating to the core competencies, 4 goals and objectives, and overall performance for their supervisor to review. 4. At the end of the rating period, after self-evaluations are submitted, a performance evaluation will be completed to document each employee’s accomplishments relative to the core competencies, goals and objectives, and overall employee performance. This will assist the supervisor in determining eligibility and the percentage recommendation for the Pay for Performance incentive. 5. The General Manager/CEO or designee will review all incentive recommendations and give final approval. 6. Incentive checks will be distributed on the first Friday of the new fiscal year, unless July 4th happens to fall on the first Friday of the new fiscal year then the incentive check will be distributed on the second Friday of the fiscal year. 7. If an employee does not agree with the incentive percentage recommended by their supervisor, they may speak with Human Resources, and if the issue is not resolved, they may request a meeting with the General Manager/CEO. SECTION 4 WORKING OUT OF CLASSIFICATION Employees in the unit assigned to work in a higher classification in excess of ten (10) consecutive working days, upon supervisor recommendation, will be granted a five percent (5%) salary increase or the "A" step of the higher classification, whichever is greater, for all time worked in the higher classification beginning with the eleventh (11th) work day, except for an employee in a trainee status. Increases in pay may be granted to recognize the temporary assignment of more difficult duties requiring a greater level of skills. "Selected positions may 5 be authorized additional compensation, rather than being reclassified to a higher level". Temporary assignments as provided herein will not exceed one (1) year and shall not be used to avoid reclassification of the affected position. Increases in pay shall be temporary so long as the higher -level duties are assigned and performed. All such increases shall be authorized by the General Manager/CEO and shall not affect an employee's step advancement in the base range. SECTION 5 HEALTH AND WELFARE BENEFITS Percentage Based Employer Contribution Plan - Effective January 1, 2017, the Flexible Benefit Plan was eliminated and replaced by the Percentage Based Employer Contribution Plan (PBECP). A. PEMHCA Contribution - The District will pay the Public Employees' Medical & Hospital Care Act (“PEMHCA”) minimum contribution for employees enrolled in the CalPERS Health Program through the District. This amount is set by CalPERS annually. For 2023, the minimum contribution is $151.00 per month. B. Health Insurance - In addition to the PEMCHA minimum contribution, all non-represented full-time employees shall be eligible to participate in the PBECP. The PBECP covers the difference between the PEMHCA minimum contribution and ninety-five percent (95%) of health benefit premiums for employees in the Professional/Supervisory and Management classifications and their qualified dependents, and ninety percent (90%) of health benefit premiums for employees in the General/Confidential classifications and their qualified dependents, up to the cost of the benchmark plan (Blue Shield for the term of this contract) for the benefit year. Employees will be responsible for covering the remaining percentage of the health benefit premium costs, and any additional costs incurred by selecting a health plan above the benchmark plan. 6 C. Dental and Vision Insurance - The District will cover 100% of the employee’s selected group dental and vision plans for employees and their qualified dependents. D. Declination/Withdrawal Provision - A declination/withdrawal provision is included to allow employees with alternative coverage to opt-out of the District’s health benefits plan. Employees must show proof of alternative coverage annually. There is no cash-in-lieu provision associated with declining the District’s benefits. Life Insurance - The District will pay the premiums for Life and AD&D Insurance Policies for all non-represented employees as designated below: Coverage During Leave of Absence - In accordance with Section 7.03 – E of the District’s Personnel Rules, the District will continue contributions for health, dental, vision, and life insurance premiums for a period not to exceed four (4) months during any approved medical leave, or during any period in which the employee has accrued leave time and is utilizing this leave time, whichever occurs later. If an employee wishes to continue coverage after the four-month period, the employee will be responsible for paying the District the premiums one month ahead of coverage. Flexible Spending Account - The District shall offer a Flexible Spending Account for the benefit of its employees. This program is in accordance with the provisions of IRS Publication 969. General/Confidential $100,000 Policy Professional/Supervisory $100,000 Policy Management $100,000 Policy Senior Management $150,000 Policy Executive Management $150,000 Policy 7 SECTION 6 DEFERRED COMPENSATION MATCH Effective July 1, 2023, the District will match monthly contributions for non- represented employees currently enrolled and participating in the 457 Deferred Compensation plan as designated below: General/Confidential $200/month Professional/Supervisory $200/month Management $225/month Senior Management $250/month Executive Management $250/month SECTION 7 COMPUTER PURCHASE PROGRAM Full-time, non-probationary employees will have the opportunity to participate in the Computer Purchase Program which provides an interest free loan where employees can choose from a selection of computers, laptops, tablets, and printers purchased by the District to be paid back through payroll deduction. Please reference the District’s Computer Purchase Program document which sets guidelines and limitations for the terms and conditions of the program. SECTION 8 VEHICLE ALLOWANCE A monthly vehicle allowance will be provided as designated below. Senior Management $250/month Executive Management $500/month All non-represented classifications not receiving a vehicle allowance will be given authorization to drive a District pool vehicle for District business. 9 SECTION 9 CELLULAR PHONE ALLOWANCE The District recognizes a need for Senior and Executive Management to be accessible at all times. To meet that need, employees in such classifications will be given the option of a District owned cell phone or a cell phone allowance. Policy 4.1, Senior and Executive Management Cellular Telephone Policy, of the Administrative Policies and Programs Manual, sets forth the monthly allowance amount and the guidelines of the program. The allowance amount for the duration of this document is $120 per month. All non-represented classifications not covered under the above-mentioned policy, which need a cell phone to conduct District business, will be issued a District owned cell phone. SECTION 10 CERTIFICATION INCENTIVE PAY Sewer Response Team – This program was eliminated effective July 1, 2014, as the District has identified that compensation for responding to sewer emergencies is included in Stand-by Pay and in the overtime pay employees receive for responding to such emergencies. Employees currently participating in the program on the date of the contract’s approval will be grandfathered in and continue to receive the salary differential of two and one-half percent (2.5%). Commercial Drivers - This program was eliminated effective July 1, 2014, as the District has identified through market analysis that obtaining a Commercial License is a condition of employment for specified positions and the salary range for those specified positions is inclusive of compensation for that license. Employees currently participating in the program on the date of the contract’s approval will be grandfathered in and continue to receive the salary differential of two percent (2%). 10 Water Distribution, Water Treatment, and Wastewater Treatment Incentive Pay Program – Employees working in the Operations or Water Reclamation Departments are eligible to receive a one-time certification incentive payment of $1,500 for each certification obtained of grade two or higher water distribution, water treatment, and wastewater treatment certifications. Certifications must be job related and approved by the employee’s supervisor. Employees must submit an official copy of the certification in order to receive the Incentive Pay. Distribution and Production Operators Differentials - These programs were eliminated effective July 1, 2017 and replaced by the Water Distribution and Water Treatment Incentive Pay Program. Employees previously receiving differential pay based on a percentage of their pay per certification, or employees who passed the certification test prior to July 1, 2017, will be grandfathered into the program. Those employees grandfathered into the program will no longer receive the differential as a percentage of their pay, however, they will receive the equivalent monetary value each pay period equal to that received in the last pay period of the 2016/17 Fiscal Year and the pay will be frozen at that amount. This grandfathered differential pay will continue to be considered Pensionable Compensation under CalPERS regulations. ARTICLE 11 BILINGUAL PAY Employees within the Customer Service and Public Affairs/Conservation Departments who speak, read, write, and/or translate Spanish in their daily duties will be compensated fifty cents ($.50) per hour in addition to their regular pay. The respective Department Supervisor will notify Human Resources of any employees that will be assigned bilingual duties eligible for Bilingual Pay. Human Resources will ensure an assessment of competency for employees who have been assigned bilingual duties to certify that these employees are eligible for Bilingual Pay. 11 The effective date of Bilingual Pay certification shall be the first day of the pay period following notification to Human Resources of the passing of the bilingual assessment. A transfer in position or department may result in a loss of Bilingual Pay if that department or position is no longer eligible. SECTION 12 HOURS OF WORK Work Hours - Work hours are the hours an employee is assigned to perform duties on behalf of the District. All full-time District employees (unless otherwise approved by the General Manager/CEO or designee) shall work a 9/80 work schedule, which is worked as one week at 36 hours and one week at 44 hours. The full eighty hour pay period is worked in nine (9) days rather than ten (10). Overtime is paid for hours in excess of nine (9) hours worked per day or eight (8) hours on employee’s non - flex day; not 40 hours per week. With the 9/80 work schedule, the work week period will begin each Saturday and end the following Friday. Employees shall work Monday through Thursday, for nine (9) hours and alternating Fridays for eight (8) hours. Employees will be scheduled for two days off during one calendar week and three days off during alternating calendar weeks. This additional day off shall be referred to as a flex day. Employee work hours shall be established by the District and are subject to change based upon the needs of the District and upon a minimum of two (2) weeks notification to employees. To ensure quality service levels to the District’s operations, the following working schedules have been established for staff in the office and field: Office Staff: Monday through Thursday: 7:30 am – 5:30 pm Alternating Friday 7:30 am – 4:30 pm 12 Field Staff: Monday through Thursday 6:30 am – 4:00 pm Alternating Friday 6:30 am – 3:00 pm Work Periods - If District Management concludes that the 9/80 work schedule is not conducive to District operations, the District will meet and confer on the impact of discontinuing the program. Thirty days’ notice will be provided to employees prior to the termination of a 9/80 schedule. SECTION 13 OVERTIME All time worked in excess of the established standard work week shall be considered as approved overtime. Overtime will be compensated at one and one- half (1-1/2) times the employee's base hourly rate. Overtime shall be reported and compensated in fifteen (15) minute increments. SECTION 14 SICK LEAVE A. Definition - Sick leave is an insurance or protection to be granted in circumstances of adversity to promote the health and welfare of the individual employee. It is not an earned right to time off from work. Sick leave permits the employee to be absent from duty without the loss of pay when they are incapacitated by reason of illness, injury or pregnancy and confinement or when a member of the immediate family must be attended to by the employee; or when an employee has been exposed to a contagious disease and his presence on the job might endanger fellow workers. When approved in advance, sick leave may also be used for medical, dental or optical examinations or treatments. Maternity leave is chargeable to sick leave, annual vacation and leave without pay as appropriate. To support a request for maternity sick leave, the employee must submit a statement by her attending physician showing the expected period during which she will be incapacitated from the performan ce 13 of official duties. For purposes of "attended to" (cared for) as defined herein, immediate family refers to spouse, mother, father, son, daughter, step relations, ward and, when residing in the employee's home, sister and brother. Time off for an employee to attend to a member of the immediate family shall be limited to a maximum of six and one-half (6.5) days (52 hours) per calendar year. Additional time may be authorized by the General Manager/CEO based on a case - by-case review of the employees’ sick leave usage. B. Initial Credit and Accumulation – Sick leave is earned at the rate of 4.5 hours (one half day) for each full bi-weekly pay period (13 days per year), and it can be accumulated without limitation. C. Notice of Sickness - When the employee is incapacitated from the performance of his or her duties for reasons that entitle him or her the use of sick leave, he or she must notify his or her department supervisor or other supervisor within thirty (30) minutes of their regular start time. D. Review - An absence of sick leave for more than five (5) workdays must be supported by a medical certificate. E. Improper Use - If, after reviewing an employee's record of sick leave usage, the District believes sufficient cause exists to suspect abuse of sick leave, a medical certificate may be required for any subsequent use of sick leave. F. Sick Leave Cash Out - Employees may cash out accrued sick leave balances as follows: 1. Employees may request reimbursement for up to three hundred (300) hours of accrued sick leave per calendar year provided, however, that a minimum of 160 hours (four weeks) accrual is retained after said reimbursement. All requests for reimbursement must be submitted to Payroll no later than December 1st of each year. 14 G. Sick Leave Cash Out at Separation – After ten (10) years of continuous service with the District, employees separating from employment are eligible to cash out a percentage of their sick leave accrual based on the cash out tiers below: 1. Sick leave tiers are based on the number of hours that can be accrued in a fiscal year (117 hours per year). Employees may accrue an unlimited amount of sick leave, however, the maximum hours an employee can cash out at retirement is 589 hours (equivalent of 5 years’ accrual). 2. Employees who retire from the District may apply remaining sick leave balances toward CalPERS for retirement credit. 3. In the event of an employee’s death, cash payment of remaining sick leave balances will be made to the employee’s estate based on the designated cash out tiers. In the event of death resulting from occupational injury, cash payment shall be made to the employee's estate of 100% of remaining sick leave balances. H. Worker's Compensation - Employees shall be provided with up to a maximum of three consecutive days of un-chargeable leave following an occupational injury unless otherwise required by the Worker's Compensation Act of the State of California. The deduction by the District from the employee's accumulated sick leave shall be limited to the same percentage as the amount due from Worker's Compensation Sick Leave Tier Sick Leave Balance as of Separation Date Percentage of Balance Available for Cash Out 1 0 – 117 hours 50% 2 118 – 235 hours 55% 3 236 – 353 hours 60% 4 354 – 471 hours 65% 5 472 – 589 hours 70% 15 bears to the amount paid by the District. For example, an employee of the District entitled to $12.00 per day from the District received $9.00 per day from Worker's Compensation and the difference of $3.00 per day being paid by the District. In deducting from such employee's accumulated sick leave, such deduction shall be made daily on the same basis (i.e.; 1/4 of a day). Example and Intent - When an employee is out on an industrial injury, no charge will be made to leave benefits for the first three days. Any payments from workers’ compensation will be applied to re-purchase sick leave or vacation used. It is the intent to provide full benefits where possible and is not construed to allow the employee windfall income but to keep them whole. I. Catastrophic Leave: 1. Definition. Catastrophic Leave is an approved Leave of Absence due to a verifiable long-term illness or injury resulting in either physical or mental impairment. Job and/or personal stress (not the result of a diagnosed mental disorder) is specifically excluded from entitlement to Catastrophic Leave. A statement from the employee's treating physician, subject to review and approval by the District's Occupational Physician, is required. 2. Application. The employee on an approved Medical Leave of Absence who is receiving Catastrophic Leave can continue to earn benefit monies pursuant to the forty-one (41) hours per pay period requirement of the Flexible Benefit Plan set forth in section 8.01.A.3.b of the Personnel Rules. An employee receiving leave under this program is not eligible for receipt for any accruals such as vacation or sick leave. 3. Eligibility. a) Catastrophic leave is only available to employees on regular, non - probationary status with the District. 16 b) The employee must meet all of the following criteria before he/she becomes eligible for Catastrophic Leave donation i. Be on an approved medical leave of absence for at least thirty (30) calendar days (160 working hours) exclusive of an absence due to a work related injury and/or illness; and ii. Submission of a doctor's off-work order verifying the medical requirement to be off work; and iii. Exhaustion of all available leave balances. 4. Donation. a) Vacation, holiday, as well as compensatory time, may be donated by employees only on a voluntary and confidential basis, in increments of eight (8) hours, not to exceed a total of fifty percent (50%) of a donor employee's annual vacation, holiday, or compensatory time accrual per employee. The donee employee receiving the Catastrophic Leave will be taxed accordingly. b) The donation shall be for the donee employee's Catastrophic Leave only. The total donation allowed to any one employee of the District shall be limited to one thousand forty (1040) hours per fiscal year. c) Donor hours shall be contributed at the donor's hourly base salary rate and be converted to the donee's hourly base salary, exclusive in both instances of overtime, differentials, and the like, as the singular purpose of this program is to provide financial assistance to the donee employee. d) Any donated time unused by the donee employee for the medical emergency shall remain in the donee's accruals to be utilized as follows: 17 i. An employee on Catastrophic leave who has received the approval of his physician and the District's Occupational Health Physician to return to full time work shall have all unused Catastrophic Leave converted to an equal amount of sick leave which will be available to the employee according to the applicable provision of Section 7.02 of the Personnel Rules. ii. An employee on Catastrophic Leave who has received the approval of his physician and the District's Occupational Health Physician to return to work on a part time basis (less than the employee's normally scheduled hours of work per pay period) may record each pay period a combined total of work time and Catastrophic Leave not to exceed the lesser of eighty (80) hours or the employee's normally scheduled hours of work. iii. The General Manager/CEO may impose other terms and conditions on the donation as deemed appropriate, and may charge the Catastrophic Leave donation for the actual administrative costs incurred by the District. iv. Solicitation of donors shall be regulated by the District's Personnel Department. The names of the donors shall be confidential and the privacy rights of the donee shall be protected to the extent permitted by law. v. All donors and donees shall sign release forms to be prepared and retained by the District's Personnel Department. vi. An employee will not be allowed to donate hours of leave if his resulting sick leave balance drops below one hundred sixty (160) hours. 18 5. Implementation. The District shall meet and confer with representatives of the employees regarding issues arising from the implementation of this program. SECTION 15 VACATION A. Definition - Vacation with pay is a right earned as a condition of employment and made available in the interest of the District for the recreation, health and well being of the employee, subject to approval by the General Manager/CEO or designee. B. Annual Vacation Leave Earned - Annual vacation leave is earned as follows: Years of District Service Accrual Earned Per Pay Period Accrual Earned Per Year Fewer than 3 years 4 hours 104 hrs/year 3-10 years 6.15 hours 160 hrs/year 10 years or more 8 hours 208 hrs/year 1. Annual vacation leave may be accumulated for use in succeeding years, but the maximum amount that can be carried over from one calendar year to the next is 300 hours. 2. A change in the rate of annual vacation leave accrual shall take effect in the pay period following the one in which the employee completed the required length of service. 3. Vacation leave shall only accrue upon completion of a full eighty (80) hour pay period. 19 4. New employees may begin utilizing their vacation accruals after six (6) months of service with the District, or upon supervisor approval. C. Approval - Although annual vacation leave occurs as an earned right, the time at which vacation leave may be taken and the amount granted during any period are based on business need and are at the supervisor’s discretion. Vacation leave may be denied or asked to be postponed, however, no employee will lose earned vacation accruals based on business need. All accruals will remain until leave time is taken. Vacation leave must be approved in advance by the supervisor or designee except in cases of emergency. D. Vacation as Sick Leave - Vacation may be used in lieu of sick leave if the employee desires. E. Vacation Leave Cash Out - In lieu of taking annual vacation leave, employees have the ability to cash out an unlimited amount of vacation time provided that the employee has taken, or has approval to take, at least five (5) days of vacation that year and must maintain eighty (80) vacation hours on the books. Each such request is subject to the approval of the employee’s supervisor or designee. Only the General Manager/CEO or designee may approve requests outside of the stated conditions. F. Termination - Employees, upon separation from the District, shall be paid a cash lump sum at their then current salary rate as set forth in the Basic Salary Schedule for any unused annual vacation credits. SECTION 16 ADMINISTRATIVE LEAVE Non-represented employees in professional/supervisory, management, senior management, and executive management classifications will receive paid administrative leave as designated below: 20 Professional/Supervisory 40 hours per fiscal year Management 48 hours per fiscal year Senior Management 56 hours per fiscal year Executive Management 64 hours per fiscal year New employees’ in one of the above non-represented classifications will accrue administrative leave on a prorated basis. The proration will be based on the fiscal year quarter in which the employee was hired. The following are the proration percentages: Month of Hire Percentage Table July – September 100% October – December 75% January – March 50% April – June 25% SECTION 17 BEREAVEMENT LEAVE In the event of a death in a full-time employee’s immediate family, bereavement leave will be granted of up to five (5) cumulative working days per occurrence. For this section, immediate family is defined as spouse, child (natural, adopted or step), parent (natural, adopted or step), grandparent, grandchild, brother, sister, step- brother, step-sister, and present in-laws (father, mother, son, daughter, brother, sister). In the event of a death in a full-time employee’s close family, bereavement leave will be granted of up to three (3) cumulative working days per occurrence. For this section, close family is defined as aunt, uncle, niece, and nephew. 21 The General Manager/CEO or designee may authorize the use of Bereavement Leave for relationships other than those specified. If additional hours are required, the employee may elect to take these hours without pay or have the hours deducted from his/her accrued sick or vacation leave. District employees may be excused by their immediate supervisor to attend the memorial of a deceased District employee without the loss of pay. SECTION 18 HOLIDAYS A. The following are to be considered as approved holidays for the employees of the District and will be so ordered as follows: January 1 (New Years' Day) Third Monday in January (Martin Luther King’s Birthday) Third Monday in February (Presidents' Day) Last Monday in May (Memorial Day) June 19 (Juneteenth) July 4 (Independence Day) First Monday in September (Labor Day) Second Monday in October (Columbus Day) November 11 (Veteran's Day) Fourth Thursday in November (Thanksgiving Day) Fourth Friday in November (Day after Thanksgiving) December 24 (Christmas Eve) December 25 (Christmas Day) December 31 (New Year’s Eve) In addition to the above-mentioned holidays, the District will be closed from Friday, December 22, 2023, through Monday, January 1, 2024. The District will reopen for business on Tuesday, January 2, 2024. A number of employees will be required to cover Standby Duty in order to respond to customer calls/emergencies and District management staff will be available as needed. 22 Note: The District holiday closure will be revaluated each year. When any of the legal holidays, other than those specifically set for a Monday, fall on Sunday, they will be observed the following Monday, and if any of such holidays fall on a Saturday, they will be observed the preceding Friday. SECTION 19 ABSENCE WITHOUT PAY Absence without pay is classified as leave without pay and shall be granted upon approval of the General Manager/CEO or designee. Sick and vacation leave accruals will cease when an employee is on an unpaid leave. SECTION 20 AUTHORIZED LEAVE A. Military Leave - Military leave and regulations for payment pertaining thereto shall be in accordance with the provisions of the Military and Veterans Code of the State of California. B. Jury Duty – Employees who are summoned to appear and serve for jury duty shall be entitled to up to eighty (80) hours of jury duty leave per year. Employees summoned will be required to produce a certificate from the court which shows the dates of attendance. If a summoned employee receives payment from the court for jury duty service, the payment must be transferred to the District’s Finance Department. The employee will then receive his or her regular rate of pay for the jury service. The same guidelines apply to employees who have been subpoenaed as a witness in a court matter. SECTION 21 PROBATIONARY PERIOD The probationary period for newly hired District employees shall be twelve (12) months. The probationary period for internally promoted employees shall be six (6) 23 months. If the probationary employee is absent during this period, their probationary period may be extended by an equivalent amount of time. SECTION 22 UNIFORMS The District will provide field employee uniforms and bear the cost of the regular cleaning, maintenance and replacement of uniforms. The District will provide a $400.00 allowance per year for the purchase of safety-toed shoes required to be worn by employees. The shoe allowance may also be used toward re-soling existing safety-toes shoes, toward any necessary shoe repair, and toward related accessories such as laces, inserts, and protectant spray. The District will provide uniform shirts for Customer Service Representatives, Engineering Technicians, and other office staff as designated. These employees will have the option of selecting their choice of style and color from a District designated list and will be provided a sufficient number of shirts to get them through the work week without laundering. Shirts will be replaced on an as- needed basis. SECTION 23 EMPLOYEE RETENTION INCENTIVE PROGRAM This program was eliminated effective July 1, 2014. Employees currently participating in the program on the date of the contract’s approval will be grandfathered in and continue at their current status and will receive one annual lump sum payment the first pay period in December of each year as follows: After 10 years through the end of 14th year $125 After 15 years through end of the 19th year $250 After 20 years through the end of the 24th year $375 After 25 years $500 24 In the event an eligible employee retires from District service prior to the first pay period in December of any year, employee will receive the Employee Retention Incentive for that year at the time of retirement. SECTION 24 RETIREE HEALTH INSURANCE The District will pay the Public Employees' Medical & Hospital Care Act (“PEMHCA”) minimum contribution for retirees enrolled in the CalPERS Health Program through the District. This amount is set by CalPERS annually. For 2023, the minimum contribution is $151.00 per month. Effective for the term of this contract, in addition to the PEMCHA minimum contribution, the District shall reimburse eligible retirees any additional premium costs up to $850.00 per month, until the retiree becomes eligible for Medicare. To become an eligible retiree, an employee must retire from the District with a minimum of 10 years of District service. Retirees have the freedom to enroll in the District’s CalPERS Health Program or a health care plan of their choice. If the retiree elects a health care plan outside of the CalPERS Health Program, they will be required to show proof of health insurance coverage annually in order to receive the District’s reimbursement. The eligible retiree will receive the last reimbursement from the District the month they reach the age of eligibility for Medicare. In the event the eligible retiree dies before reaching the age of eligibility for Medicare, the District will extend this benefit to the surviving spouse until the spouse reaches the age of eligibility for Medicare. SECTION 25 RETIREMENT - PERS CONTRACT 2.7% @ 55 - The District has negotiated with CalPERS to provide the “2.7% @ 55” Retirement Formula to employees that are considered classic members under the 25 Public Employees’ Pension Reform Act of 2013 (PEPRA). Classic members are defined as members of the CalPERS retirement system or any other public retirement system that is subject to reciprocity. Classic members contribute the full employee share of 8% of their annual salary. 2% @ 62 – New members under PEPRA are provided the “2% @ 62” retirement formula with a 6.5% employee contribution. New members are defined as employees who were not members of a public retirement system prior to January 1, 2013; or members of a public retirement system that were not subject to reciprocity with the new employer’s plan; or anyone who was an active member of a retirement system and has a break in service six months or more. *** AGREED ON: May 24, 2023 Phillip Goodrich, Chairman of the Board Michael Moore, General Manager/ CEO 26 Appendix A 27 28 Appendix B 29 30 Agenda Item #4e May 24, 20231 Meeting Date: May 24, 2023 Agenda Item #4e Public Hearing Regular Board Meeting with Closed Session TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Adoption of Ordinance No. 405 - Establishing Compensation, Benefits, and Authorizing Reimbursement of Expenses and Establishing Training Requirements for the Board of Directors; Public Hearing RECOMMENDATION That the Board of Directors adopt Ordinance No. 405, replacing Ordinance No. 402 and establishing compensation, benefits, and authorizing reimbursement of expenses and establishing training requirements for the Board of Directors. BACKGROUND / ANALYSIS East Valley Water District is governed by five-members of the community elected at large. Each member is elected to a four-year term. The role of the board of Directors is to provide oversight and establish the governing policies of the District. The daily meeting stipend pursuant to California Water Code Section 20202, is a daily per diem amount paid to board members for a day of service. The daily meeting stipend cannot be paid for more than a total of ten (10) days in any calendar month and for not more than one meeting or event per day. Pursuant to California Water Code Section 20202, the Board of Directors may review and increase their compensation rate no more that 5% annually. The current rate of compensation paid to the Board of Directors is $225.00 per day for each day’s attendance at meetings, which, has not been adjusted since 2021. The Board of Directors compensation is being proposed for an increase at an annual rate consistent with the proposed employee cost of living increase over the three-year period of the Memorandum of Understanding. The proposed compensation adjustment is an increase of 5% in fiscal year 2023-24, 5% in fiscal year 2024-25, and 3% in fiscal year 2025-26. If approved, Ordinance 405 shall become effective 60 days after adoption. Agenda Item #4e May 24, 20232 Meeting Date: May 24, 2023 Agenda Item #4e Public Hearing AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership B. Maximize Internal Capabilities through Ongoing Professional Development II - Maintain a Commitment To Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management III - Deliver Public Service With Purpose While Embracing Continuous Growth C. Promote a Positive Organizational Culture REVIEW BY OTHERS This agenda item has been reviewed by Administration and Legal Counsel. FISCAL IMPACT This item will be funded in the respective fiscal year budgets. Recommended by: ________________ Michael Moore General Manager/CEO ATTACHMENTS Ordinance No. 405 redlined version Ordinance No. 405 final draft East Valley Water District Ordinance No. 4052 AprilMay December 248, 20231 Page 1 of 5 ORDINANCE NO. 402405 ORDINANCE OF THE EAST VALLEY WATER DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING COMPENSATION, BENEFITS, AND AUTHORIZING REIMBURSEMENT OF EXPENSES AND ESTABLISHING TRAINING REQUIREMENTS FOR THE BOARD OF DIRECTORS BE IT ORDAINED by the Board of Directors of the East Valley Water District (“District”) as follows: WHEREAS, it is recognized that each member of the Board of Directors expends a considerable amount of time and effort serving on committees and attending meetings including, but not limited to meetings of the Board of Directors; and WHEREAS, the office of Director is a public service position and should not be considered an employment position for the purpose of generating income for the Director. This Ordinance seeks to establish a reasonable and just compensation for the time and effort put forward by Board members; and WHEREAS, in consideration for the expenditure of time and effort, it is appropriate to provide reasonable compensation and to authorize reimbursement of expenses for the Board of Directors, pursuant to Section 30507 of the Water Code; and WHEREAS, California Water Code Section 20202 provides that the Board of Directors may adopt an ordinance authorizing compensation for the Directors for a total of not more than ten (10) days in any calendar month and in an amount in excess of $100 per day, as may be adjusted each year. WHEREAS, it is the intent of the East Valley Water District Board of Directors that any annual compensation increase to the East Valley Water District Board of Directors permitted under State law not exceed the compensation increase awarded to East Valley Water District staff for any given year, as described in East Valley Water District’s annual budget; and WHEREAS, in keeping with the Board of Director’s desire to not increase Director compensation more than what is increased for staff, the Board of Directors intend to increase Director compensation of East Valley Water District Board of Directors by 5% in fiscal year 2023-24, 5% in fiscal year 2024-25 and 3% in fiscal year 2024-25. NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the District as follows: East Valley Water District Ordinance No. 4052 AprilMay December 248, 20231 Page 2 of 5 Section 1. Compensation. Subject to the limitation of Section 2 of this Ordinance, each member of the Board of Directors shall be compensated for attending: (a) Regular, special, emergency, and adjourned meetings of the Board of Directors. (b) Regular, special, emergency, and adjourned meetings of a committee of the Board of Directors, or a committee to which the Board member has been assigned by the Chairman of the Board of Directors, provided that attendance is as a member or alternate member of that committee. If the Board member has been assigned to an outside committee or board which also pays compensation to its committee or board members, then that compensation shall be accepted by the board member first and, if the compensation paid by the outside committee or board is less than the comp ensation set forth in this Ordinance, the District shall pay the difference. (c) A conference related to District business provided that such compensation shall not exceed the duration of the conference plus one day travel time to the conference and one day travel time from the conference. (d) A meeting with the District’s General Manager or designee concerning District operations or attendance at the District to perform District business. (e) City Council meetings, other water agency meetings, and other community meetings where the member is requested to attend by the Board Chairman, General Manager, or Board authorization or is making a presentation on the District’s behalf. This prohibition shall not apply to a Director who has held office less than 18 months. (f) Board Chairman authorized meetings with local, state, or federal elected officials or their staff members that are related to District business. (g) Court hearings or other legal proceedings related to District business, including meetings with District counsel. (h) Training sessions mandated by law including, but not limited to, ethics training and harassment training and other relevant training whether provided in person or through webcast. (i) The Board of Directors may retroactively approve payment for attendance at any meeting/event attended by a member of the Board . Board members shall not be compensated for attending social gatherings, picnics, awards banquets, holiday events, retirement dinners, and similar functions unless previously approved by the Board of Directors. Except for Board members with 18 months or less of service on the Board, Board members shall not be compensated for attending meetings of other public agencies unless attendance was approved by the Chairman of the Board of Directors prior to attendance. East Valley Water District Ordinance No. 4052 AprilMay December 248, 20231 Page 3 of 5 Section 2. Compensation Limits. Compensation for attendance at a meeting and/or conference as specified in Section 1, shall not exceed, on a per day basis, that amount of compensation as established by the Board, regardless of the number of meetings and/or conferences that are attended on the same day, provided that the total compensable days in a calendar month shall not exceed ten days. Attendance shall mean that the Director is present during not less than seventy-five percent (75%) of the duration of the meeting or conference presentations. Section 3. Reporting. Board members shall report briefly, orally or in writing, on their respective representative assignment and conference activities. If written, the reports shall be submitted concurrently with the Director’s monthly expense reimbursement voucher. Section 4. Directors’ Benefits. Members of the Board of Directors are eligible to enroll in District sponsored group insurance plans available to eligible employees for health, dental, vision, and life insurance. The benefits allowed to the members of the Board of Directors shall not be greater than the most generous schedule of benefits being received by any category of District employees. (a) Continuation Benefits. Pursuant to California Government Code Sections 53200-53210, the District may, subject to the terms and conditions as may be established by the Board, contribute to the cost of health and dental insurance coverage to former Board members, and their spouses and dependents, who served in office after January 1, 1981; were not first elected to a term of office that began on or after January 1, 1995; served not less than twelve (12) years on the Board at the time of termination; and who are otherwise eligible to receive retirement benefits. The amount and duration of benefits described under this Section shall be commensurate with and equal to those benefits provided for in the “Memorandum of Understanding Between The East Valley Water District and The San Bernardino Public Employees AssociationEast Valley Water District Employee Partnership July 1, 2014 through June 30, 2017”, as amended from time to time, which benefits are available to District retirees with twenty (1020) years or more of service with the District. (b) Subject to the terms and conditions as may be established by the Board of Directors of the District, the District shall make health and welfare benefits available to its former Board members who do not qualify under Section 3(a) of this Ordinance, and to the spouses and dependents of such Board members on a self-pay basis and who otherwise satisfy any and all additional eligibility requirements imposed by CALPERS. The election requirements for the insurance coverage provided herein, and the length of time in which said coverage shall be made available to such East Valley Water District Ordinance No. 4052 AprilMay December 248, 20231 Page 4 of 5 participants upon election, shall be the same as set forth in the continuation of benefits under the “Consolidated Omnibus Budget Reconciliation Act of 1985”. Section 5. Training. All members of the Board of Directors and executive staff as designated by the Board shall complete training in the areas of ethics and sexual harassment as required by and in compliance with applicable law. The District shall maintain records indicating the dates that District officials completed said training and the entity that provided the training. The District shall maintain these records for at least five (5) years after District officials receive the training. The records are public record subject to disclosure under the “California Public Records Act”. Section 6. Compensation Amount. The rate of compensation for members of the Board of Directors of the District shall be $225.00236.25 for fiscal year 2023-24, $248.06 for fiscal year 2024-25, $255.50 for fiscal year 2025-26 per day’s service. Section 7. Reimbursement of Expenses. Each member of the Board of Directors shall be reimbursed for reasonable out -of-pocket expenses incurred by such member in performing services rendered pursuant to Section 1, or in performing services otherwise authorized or ratified by the Board of Directors. Reimbursement for lodging, conferences, and travel expenses shall be in accordance with District Policy 1.1 Board of Director’s Expense Reimbursement Policy, as may be amended from time to time. Section 8. Expense Vouchers. The Directors shall be paid based upon a duly executed District approved expense voucher submitted monthly by the Directors. Said vouchers shall be submitted to the District Clerk by noon Tuesday preceding the first regular Board Meeting of the following month. Expense vouchers will be accompanied by the appropriate receipts or affidavit of expense documenting each expense. The Board of Directors shall retain the discretion to reject reimbursement for expenses not supported by receipts, determination shall be made at a regularly scheduled Board meeting . Section 9. Repeal of Prior Ordinances and Resolutions. Ordinance No. 402388 is repealed as of the effective date of this Ordinance and this O rdinance shall supersede any and all other prior ordinances or resolutions in conflict with the provisions hereof. Section 10. Effective Date. This Ordinance shall become effective 60 days after adoption. East Valley Water District Ordinance No. 4052 AprilMay December 248, 20231 Page 5 of 5 Adopted this 24th 23rd 8th day of May AprilDecember 20231. David E. SmithPhillip R. Goodrich Board President of the East Valley Water District Board of Directors ATTEST: John MuraMichael Moore, General Manager/CEO of East Valley Water District and Secretary of the East Valley Water District Board of Directors STATE OF CALIFORNIA ) COUNTY OF )SS SAN BERNARDINO ) I, Michael MooreJohn Mura, Secretary of East Valley Water District Board of Directors, DO HEREBY CERTIFY that the forgoing Ordinance being No. 4052, was adopted at a regular meeting on May AprilDecember 248, 20231, of said District by the following vote: AYES: Directors: NOES: ABSTAIN: ABSENT: Michael MooreJohn Mura Board Secretary East Valley Water District Ordinance No. 405 May 24, 2023 Page 1 of 5 1 0 5 1 ORDINANCE NO. 405 ORDINANCE OF THE EAST VALLEY WATER DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING COMPENSATION, BENEFITS, AND AUTHORIZING REIMBURSEMENT OF EXPENSES AND ESTABLISHING TRAINING REQUIREMENTS FOR THE BOARD OF DIRECTORS BE IT ORDAINED by the Board of Directors of the East Valley Water District (“District”) as follows: WHEREAS, it is recognized that each member of the Board of Directors expends a considerable amount of time and effort serving on committees and attending meetings including, but not limited to meetings of the Board of Directors; and WHEREAS, the office of Director is a public service position and should not be considered an employment position for the purpose of generating income for the Director. This Ordinance seeks to establish a reasonable and just compensation for the time and effort put forward by Board members; and WHEREAS, in consideration for the expenditure of time and effort, it is appropriate to provide reasonable compensation and to authorize reimbursement of expenses for the Board of Directors, pursuant to Section 30507 of the Water Code; and WHEREAS, California Water Code Section 20202 provides that the Board of Directors may adopt an ordinance authorizing compensation for the Directors for a total of not more than ten (10) days in any calendar month and in an amount in excess of $100 per day, as may be adjusted each year. WHEREAS, it is the intent of the East Valley Water District Board of Directors that any annual compensation increase to the East Valley Water District Board of Directors permitted under State law not exceed the compensation increase awarded to East Valley Water District staff for any given year, as described in East Valley Water District’s annual budget; and WHEREAS, in keeping with the Board of Director’s desire to not increase Director compensation more than what is increased for staff, the Board of Directors intend to increase Director compensation of East Valley Water District Board of Directors by 5% in fiscal year 2023-24, 5% in fiscal year 2024-25 and 3% in fiscal year 2024-25. NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the District as follows: East Valley Water District Ordinance No. 405 May 24, 2023 Page 2 of 5 1 0 5 1 Section 1. Compensation. Subject to the limitation of Section 2 of this Ordinance, each member of the Board of Directors shall be compensated for attending: (a) Regular, special, emergency, and adjourned meetings of the Board of Directors. (b) Regular, special, emergency, and adjourned meetings of a committee of the Board of Directors, or a committee to which the Board member has been assigned by the Chairman of the Board of Directors, provided that attendance is as a member or alternate member of that committee. If the Board member has been assigned to an outside committee or board which also pays compensation to its committee or board members, then that compensation shall be accepted by the board member first and, if the compensation paid by the outside committee or board is less than the compensation set forth in this Ordinance, the District shall pay the difference. (c) A conference related to District business provided that such compensation shall not exceed the duration of the conference plus one day travel time to the conference and one day travel time from the conference. (d) A meeting with the District’s General Manager or designee concerning District operations or attendance at the District to perform District business. (e) City Council meetings, other water agency meetings, and other community meetings where the member is requested to attend by the Board Chairman, General Manager, or Board authorization or is making a presentation on the District’s behalf. This prohibition shall not apply to a Director who has held office less than 18 months. (f) Board Chairman authorized meetings with local, state, or federal elected officials or their staff members that are related to District business. (g) Court hearings or other legal proceedings related to District business, including meetings with District counsel. (h) Training sessions mandated by law including, but not limited to, ethics training and harassment training and other relevant training whether provided in person or through webcast. (i) The Board of Directors may retroactively approve payment for attendance at any meeting/event attended by a member of the Board. Board members shall not be compensated for attending social gatherings, picnics, awards banquets, holiday events, retirement dinners, and similar functions unless previously approved by the Board of Directors. Except for Board members with 18 months or less of service on the Board, Board members shall not be compensated for attending meetings of other public agencies unless attendance was approved by the Chairman of the Board of Directors prior to attendance. East Valley Water District Ordinance No. 405 May 24, 2023 Page 3 of 5 1 0 5 1 Section 2. Compensation Limits. Compensation for attendance at a meeting and/or conference as specified in Section 1, shall not exceed, on a per day basis, that amount of compensation as established by the Board, regardless of the number of meetings and/or conferences that are attended on the same day, provided that the total compensable days in a calendar month shall not exceed ten days. Attendance shall mean that the Director is present during not less than seventy-five percent (75%) of the duration of the meeting or conference presentations. Section 3. Reporting.Board members shall report briefly, orally or in writing, on their respective representative assignment and conference activities. If written, the reports shall be submitted concurrently with the Director’s monthly expense reimbursement voucher. Section 4. Directors’ Benefits. Members of the Board of Directors are eligible to enroll in District sponsored group insurance plans available to eligible employees for health, dental, vision, and life insurance. The benefits allowed to the members of the Board of Directors shall not be greater than the most generous schedule of benefits being received by any category of District employees. (a) Continuation Benefits. Pursuant to California Government Code Sections 53200-53210, the District may, subject to the terms and conditions as may be established by the Board, contribute to the cost of health and dental insurance coverage to former Board members, and their spouses and dependents, who served in office after January 1, 1981; were not first elected to a term of office that began on or after January 1, 1995; served not less than twelve (12) years on the Board at the time of termination; and who are otherwise eligible to receive retirement benefits. The amount and duration of benefits described under this Section shall be commensurate with and equal to those benefits provided for in the “Memorandum of Understanding Between The East Valley Water District and The East Valley Water District Employee Partnership as amended from time to time, which benefits are available to District retirees with twenty (10) years or more of service with the District. (b) Subject to the terms and conditions as may be established by the Board of Directors of the District, the District shall make health and welfare benefits available to its former Board members who do not qualify under Section 3(a) of this Ordinance, and to the spouses and dependents of such Board members on a self-pay basis and who otherwise satisfy any and all additional eligibility requirements imposed by CALPERS. The election requirements for the insurance coverage provided herein, and the length of time in which said coverage shall be made available to such participants upon election, shall be the same as set forth in the East Valley Water District Ordinance No. 405 May 24, 2023 Page 4 of 5 1 0 5 1 continuation of benefits under the “Consolidated Omnibus Budget Reconciliation Act of 1985”. Section 5. Training. All members of the Board of Directors and executive staff as designated by the Board shall complete training in the areas of ethics and sexual harassment as required by and in compliance with applicable law. The District shall maintain records indicating the dates that District officials completed said training and the entity that provided the training. The District shall maintain these records for at least five (5) years after District officials receive the training. The records are public record subject to disclosure under the “California Public Records Act”. Section 6. Compensation Amount. The rate of compensation for members of the Board of Directors of the District shall be $236.25 for fiscal year 2023-24, $248.06 for fiscal year 2024-25, $255.50 for fiscal year 2025-26 per day’s service. Section 7. Reimbursement of Expenses. Each member of the Board of Directors shall be reimbursed for reasonable out-of-pocket expenses incurred by such member in performing services rendered pursuant to Section 1, or in performing services otherwise authorized or ratified by the Board of Directors. Reimbursement for lodging, conferences, and travel expenses shall be in accordance with District Policy 1.1 Board of Director’s Expense Reimbursement Policy, as may be amended from time to time. Section 8. Expense Vouchers. The Directors shall be paid based upon a duly executed District approved expense voucher submitted monthly by the Directors. Said vouchers shall be submitted to the District Clerk by noon Tuesday preceding the first regular Board Meeting of the following month. Expense vouchers will be accompanied by the appropriate receipts or affidavit of expense documenting each expense. The Board of Directors shall retain the discretion to reject reimbursement for expenses not supported by receipts, determination shall be made at a regularly scheduled Board meeting. Section 9. Repeal of Prior Ordinances and Resolutions. Ordinance No. 402 is repealed as of the effective date of this Ordinance and this Ordinance shall supersede any and all other prior ordinances or resolutions in conflict with the provisions hereof. Section 10. Effective Date. This Ordinance shall become effective 60 days after adoption. Adopted this 24th day of May 2023. East Valley Water District Ordinance No. 405 May 24, 2023 Page 5 of 5 1 0 5 1 Phillip R. Goodrich Board President of the East Valley Water District Board of Directors ATTEST: Michael Moore, General Manager/CEO of East Valley Water District and Secretary of the East Valley Water District Board of Directors STATE OF CALIFORNIA ) COUNTY OF )SS SAN BERNARDINO ) I, Michael Moore, Secretary of East Valley Water District Board of Directors, DO HEREBY CERTIFY that the forgoing Ordinance being No. 405, was adopted at a regular meeting on May 24, 2023, of said District by the following vote: AYES: Directors: NOES: ABSTAIN: ABSENT: Michael Moore Board Secretary