HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 05/25/2004
r\n!", East Valley
t' " II Water District
1155 DEL ROSA AVENUE, SAN BERNARDINO, CA.
REGULAR BOARD MEETING
May 25, 2004 - 2:00 p.m.
AGENDA
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"In order to comply with legal requirements for posting of the agenda, only those items filed with the
District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring
departmental investigation will be considered by the Board of Directors."
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
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1.
Approval of Agenda
2.
Public Comments
CONSENT CALENDAR
3.
Approval of Board Meeting Minutes for May 11, 2004.
4.
Review and accept Financial Statements for period ended April 30, 2004.
5.
Approval of Liens for Delinquent Water and Sewer Accounts.
6.
Accounts Payable Disbursements: Accounts Payable Checks #197281 through #197457
were distributed May 6,2004 through May 19, 2004 in the amount of $493,802.32.
Payroll Checks for period ended May 14, 2004 included checks and direct deposits in the
amount of $90,046.24. Total disbursements for the period were $583,848.56.
OLD BUSINESS
7.
Radon Rule/Perchlorate Rule Update
(General Manager)
(General Manager)
8.
District Headquarters Site Update
NEW BUSINESS
~ 9.
Pre-Audit Briefing - Discussion and possible action regarding 2003/2004 Financial Audit.
- 10.
11.
12.
13.
14.
15.
Discussion and possible action regarding a the LEED Cost Analysis prepared by CTG
Energetics, Inc. for East Valley Water District.
Discussion and possible action regarding a request from Nextel to lease a portion of
District's Plant #39 for the development of telecommunication facilities.
Discussion and possible action regarding a request for donation for "Loma Linda Ronald
McDonald House" 2004 Golf Tournament event scheduled for July 9, 2004.
Funding Agreement between the Department of Water Resources and East Valley Water
District (Arroyo Verde Mutual Water District). Discussion and possible action.
Letter from Customer, Arreola Perry, requesting assistance regarding a reconnection fee
for a third meter service at this property. Discussion and possible action.
Letter from customer, Ofelia Pettengill, protesting fees on a service account at
Discussion and possible action.
REPORTS
16.
~ 17.
18.
May 10, 2004 - Releases of Lien for Delinquent Water and Sewer Accounts.
General Manager's Report
Oral Comments from Board of Directors.
MEETINGS
ICWA 2nd ANNUAL 2004 LOMA LINDA RONALD MCDONALD HOUSE GOLF
TOURNAMENT, EI Rancho Verde Country Club, Rialto, CA., July 9, 2004.
19.
ADJOURN
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Pursuant to Government Code Section 54954.2(a), any request for a disability-related 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's Administrative Assistant at (909)885-4900
at least 24 hours prior to said meeting.
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2
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
REGULAR BOARD MEETING
MAY 11, 2004
MINUTES
The meeting was called to order at 2:00 p.rn. by President Wilson. Director Lightfoot led
the flag salute.
PRESENT:
Directors Lightfoot, Negrete, Goodin, Wilson
ABSENT:
Director Sturgeon
STAFF:
Robert Martin, General Manager; Paul Dolter, District Engineer;
Brian Tompkins, Chief Financial Officer; Mary Wallace,
Administrative Assistant
LEGAL COUNSEL: Steve Kennedy
Fred Stafford (EVWD), Ron Buchwald (EVWD), Jeff Endicott
(CDM), John Price (CDM)
APPROVAL OF AGENDA
GUEST(s):
M/S/C (Goodin-Lightfoot) that the May 11,2004 Agenda be approved as
submitted.
PUBLIC PARTICIPATION
President Wilson declared the public participation section of the meeting open at 2:02
p.m. There being no written or verbal comments, the public participation section was
closed.
APPROVAL OF April 27, 2004 BOARD MEETING MINUTES.
M/S/C (Goodin-Lightfoot) that the April 27, 2004 Board Meeting Minutes be
approved as submitted.
Minutes: 05/11/04
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
The General Manager stated that the charges identified by Account Numbers: 0191815-07
and 1270662-02 had been paid and should be removed from the lien list.
M/S/C (Goodin-Lightfoot) that the liens for delinquent water and sewer accounts
be approved for processing with the exceptions as noted by the General Manager.
DISBURSEMENTS
M/S/C (Goodin-Lightfoot) that General Fund Disbursements #197140 through
197280 distributed during the period of April 21, 2004 through May 5, 2004 in the
amount of $768,892.31 and Payroll Fund Disbursements for the period ended April 30,
2004 in the amount of$88,147.18 totaling $857,039.49 be approved.
RADON RULE/ PERCHLORATE RULE UPDATE
The General Manager stated that there was nothing new to report on the Radon issue as it
was still in a "holding" pattern; that the Perchlorate issue was the main topic within the
water industry but that a regulation would probably not be adopted until next year.
Information only.
DISTRICT HEADQUARTERS SITE UPDATE
The General Manager stated that there had been a meeting at the District with EVWD
staff members and GMID staff members to review the new permanent District
headquarters budget and the increased costs in conjunction with its construction; that the
"LEED" Cost Analysis prepared by CTG Energetics, Inc. would be an Agenda item for
the Board Meeting on May 25th; that a meeting with GMID staff to discuss the temporary
headquarters building would be held later this week. Information only.
DIRECTORS FEES AND EXPENSES FOR APRIL 2004 were presented to the Board
for approval.
M/S/C (Negrete-Goodin) that the Directors Fees and Expenses for April 2004 be
approved.
DISCUSSION AND POSSIBLE ACTION REGARDING CDM'S FEASIBlloITY
STUDY FOR PLANT 134 UPGRADEIEXP ANSION.
Mr. John Price gave a presentation of the report prepared by CDM to study the feasibility
of expanding! upgrading Plant 134 in anticipation of increased water demands and new
regulatory requirments.
The General Manager recommended approval of the study prepared by CDM.
2
Minutes; 05/11/04
M/S/C (Lightfoot-Goodin) that CDM's Feasib:ility Study for Plant 134
upgrade/expansion be approved.
DISCUSSION AND POSSIDLE ACTION REGARDING A REPRESENTATIVE
OS THE DISTRICT TO PARTICIPATE IN A CITIZEN'S ADVISORY
COMMITTEE TO REVIEW THE NEW VOTING SYSTEM AND OFFER
FEEDBACK DURING ITS DESIGN STAGE.
District participation on the comrn:ittee for the design stage of the new voting system was
discussed. No action was taken.
RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS.
List ofliens released on April 29, 2004 was reviewed. Information only.
GENERAL MANAGER'S REPORT
The General Manager reported on the District's operations to date; commented on the
recent ACW A Conference in Monterey and the contacts relevant to the District's
upcoming Water Quality Conference such as speakers, sponsors, etc. Information only.
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director Negrete expressed his opinion on the success of the ACWA Conference in
Monterey and also stated that the District's restored truck was admired by attendees at the
event. Information only.
Director Wilson reiterated the comments ftorn Director Negrete. Information only.
There being no further verbal or written comments ftom the Directors, this section of the
meeting was closed.
LETTER FROM KIMBERLY CLARK, MOJAVE WATER AGENCY
DIRECTOR, REQUESTING SUPPORT FOR HER CANDIDACY AS LAFCO
BOARD REPRESENTATIVE FOR SPECIAL DISTRICTS. Information only.
THE BAY-DELTA TOUR SPONSORED BY WATER EDUCATION
FOUNDATION, SACRAMENTO, CA., JUNE 16-18, 2004. Information only.
WESTCAS' SUMMER LEGISLATIVE CONFERENCE, HYATT REGENCY
ISLANDIA HOTEL, SAN DIEGO, JUNE 23-25, 2004. Information only.
WATER EDUCATION FOUNDATION'S 2004 WATER LAW & POLICY
BRIEFING, HYATT REGENCY ISLANDIA HOTEL, SAN DIEGO, JULY 15-16,
2004. Information only.
Minutes; 05/11/04
ADJOURN
The meeting was adjourned at 2:40 p.m. until the Annual Budget Workshop at 10:00 a.m.
on Monday, May 24, 2004.
George E. Wilson, President
Robert E. Martin, Secretary
4
Minutes: 05/11/04
East Valley Water District
Balance Sheet - Unaudited
April 30, 2004
ASSETS
UTILITY PLANT - at cost:
Utility plant in service - water department
Utility plant in service - sewer department
Less: Accumulated depreciation
$75,040,933
21,994,170
97,035,103
(31,657,480)
65,377,623
10,844,593
2,219,649
Construction in progress
Land held for resale
78,441,865
RESTRICTED ASSETS:
Water department - bond funds - cash in bank
Certificate of Participation reserved funds - cash in bank
Reserved funds - designations - cash in bank
6,475
811,212
2,186,450
3,004,137
CURRENT ASSETS:
Cash and Investments
Less: Restricted Cash and Investments
Accounts receivable (net of allowance)
Other receivables (net of allowance)
Inventory
Prepaid expenses
10,493,374
3,004,137
7,489,237
981,802
70,064
808,966
315,478
9,665,547
OTHER ASSETS AND DEFERRED COSTS (Net of Amortization):
Bond discount and incidental bond expenses
Deferred financing charges
21,964
372,721
394,685
TOTAL ASSETS
$91,506,235
East Valley Water District
Balance Sheet - Unaudited
April 30, 2004
LIABILITIES AND EQUITY
LONG. TERM DEBT:
Certificates of Participation due after one year
Less: Deferred amount on refunding of COPs
$12,235,462
(650,821 )
11,584,641
CURRENT LIABILITIES:
Accounts Payable
Accrued payroll and benefits
Customer service deposits
Deferred Rental Income
Accrued interest payable
Deposits - refundable
Certificates of Participation due within one year
1,228,857
403,382
1,234,190
2,500
6,475
341,450
1,726,266
4,943,120
TOTAL LIABILITIES
16,527,762
EQUITY:
Contributed capital:
Invested in utility plant
Other contributed capital
Retained earnings:
Reserved for water bond funds
Reserved for emergencies
Reserved for unemployment insurance
27,356,571
3,695,064
6,475
2,170,000
16,450
Unreserved
Net Income for current year
TOTAL EQUITY
39,585,314
2,148,598
74,978,473
TOTAL LIABILITIES AND EQUITY
$91,506,235
East Valley Water District
Statement Of Revenues And Expenditures. Unaudited
For the Ten Months Ending April 30, 2004
OPERATING REVENUES:
Water Sales & Services $847,406 $660,400 $187,006 $8,810,395 $8,124,100 $686,295
Sewer Services 596,225 556,450 39,775 5,584,884 5,566,000 18,884
1,443,631 1,216,850 226,781 14,395,279 13,690,100 705,179
OPERATING EXPENSES:
SOURCE OF SUPPLY 11,683 24,800 13,117 517,640 338,000 (179,640)
PUMPING PLANT 230,135 215,000 (15,135) 2,271,624 2,457,000 185,376
WATER TREATMENT 15,087 35,700 20,613 278,662 359,600 80,938
SEWER TREATMENT - City of SB 391,980 360,000 (31,980) 3,854,710 3,680,000 (174,710)
TRANSMISSION & DISTRIBUTION 35,128 45,650 10,522 454,445 460,200 5,755
CUSTOMER ACCOUNTS - Meter Shop 48,899 28,000 (20,899) 303,812 278,000 (25,812)
SEWAGE COLLECTION 16,898 23,000 6,102 197,542 233,000 35,458
ADMINISTRATIVE & GENERAL
Supervision and Labor 117,910 106,375 (11,535) 1,207,491 1,057,375 (150,116)
Directors Fees & Expenses 10,465 8,216 (2,249) 63,858 83,366 19,508
Fuel & Power (22,576) 6,850 29,426 38,544 72,300 33,756
Utilities & Telephone 7,881 5,000 (2,881) 51,523 50,000 (1,523)
Office Supplies & Expenses 17,038 16,150 (888) 242,177 206,700 (35,477)
Facilities & Equipment Expenses 41,429 35,600 (5,829) 355,534 345,150 (10,384)
Other Contracted Services 10,500 10,500 108,000 108,000
Outside Storage Rental 1,155 (1,155) 5,248 (5,248)
Professional Services 36,917 26,100 (10,817) 341,213 257,950 (83,263)
Regulatory & Compliance 5,425 5,425 16,959 53,450 36,491
Employee Pro9rams 2,408 1,100 (1,308) 11,971 10,800 (1,171)
General Insurance 38,413 35,500 (2,913) 360,694 354,200 (6,494)
Employee Benefits 82,464 78,500 (3,964) 839,815 782,000 (57,815)
E d u ca ti on/Seminars! Can f e re nces 5,935 7,600 1,665 S8,800 75,100 16,300
Miscellaneous 1,755 2,060 305 28,809 20,060 (8,749)
Depreciation 178,880 (178,880) 1,766,020 (1,766,020)
Total General and Administrative 520,073 344,976 (175,097) 5,388,657 3,476,451 (1,912,206)
Total Operating Expenses 1,269,882 1,077,126 (192,756) 13,267,092 11,282,251 (1,984,841)
OPERATING INCOME 173,749 139,724 34,025 1,111!,187 2,407,849 (1,279,662)
East Valley Water District
Statement Of Revenues And Expenditures - Unaudited
For the Ten Months Ending April 30, 2004
NON-OPERATING ACTIVITY:
Revenues:
Interest Income $21,710 $75,000 ($53,290) $103,816 $225,000 ($121,184)
Other Income 362,315 56,083 306,232 1,166,631 560,783 605,848
Contributions 133,648 133,648
Gain on Sale of Fixed Assets 4,432 4,432
384,025 131,083 (252,942) 1,408,527 785,783 (622,744)
Expenses:
Amortization of bond discount 305 (305) 3,051 (3,051)
Amortization of purchase agreement cos 9,536 (9,536) 95,363 195,363)
9,841 (9,841) 98,413 (98,413)
Debt Service:
1996 COP Prinicpal 640,000 640,000
2001 COP Principal 885,000 885,000
Interest on L T Debt (560) 560 289,703 354,360 64,657
Total Debt Service (560) 560 1,814,703 1,879,360 64,657
Capital Expenditures:
Water Rights 1,250 1,250 25,414 12,500 (12,914)
Wells 14,987 (14,987) 187,412 (187,412)
Pumpin9 Plant 8,500 8,500 329,884 85,000 (244,884)
Treatment Plant 1,504 5,000 3,496 53,873 51,000 (2,873)
Reservoirs & Tanks 11,104 11,000 (104) 33,645 231,000 197,356
Pipeline - Water 31,091 10,000 (21,091) 386,708 467,500 80,792
Pipeline - Sewer (4,835) 10,000 14,835 (27,718) 217,500 245,218
Meters & Services 41,419 5,000 (36,419) 151,504 137,000 (14,504)
Buildings 21,450 50,000 28,550 107,330 380,000 272,670
Vehicles & General Equipment 30,09S (30,095) 205,282 205,000 (282)
Office Furniture & Equipment 8,302 (8,302) 39,039 21,000 (18,039)
155,116 100,750 (54,366) 1,492,373 1,807,500 315,127
EXCESS OF REVENUE
OVER EXPENDITURES: 393,378 170,057 223,321 (868,775) (493,228) (375,547)
Add Back Capital Expenditures & Principal 155,116 100,750 (54,366) 3,017,373 3,332,500 315,127
NET INCOME 548,4!M 270,8(f7 'J.!L687 2,148,598 2,839,272 (690,674)
CERTIFICATE OF LIEN
MAY 25, 2004
ACCOUNT
NUMBER
1. 0200043-01
OWNERS
NAME
PROPERTY
ADDRESS
AMOUNT
OWED
r) $11.46
$136.95
$159.85
$57.02
$32.68
$97.34
$100.32
$57.59
$163.56
tf $ 816.77
2. 0230079-00*
3. 0742500-03*
4. 0820183-02*
5. 0841755-03
6. 0912109-02*
7. 0940125-00
8. 1120054-11
9. 1260256-01
TOTAL
* STILL OWNS PROPERTY
+ MULTIPLE UNITS
Page 1 of 1
lC'
r\n!", East Valley
t' " II Water District
Board Memorandum
Date: May 25. 2004
From: Brian W. Tompkins I Chief Financi~r
Subject: Disbursements.
Recommendation:
Approve the attached list of accounts payable checks and
payroll issued during the period May 6, 2004 through May
19,2004.
Background:
Accounts payable checks are shown on the attached listing and include numbers 197281 to 197457 for
A total of $493,802.32
The source of funds for this amount is as follows:
EPA Grant Funds
Unrestricted Funds $493,802.32
Payroll disbursed was for the period ended May 14, 2004 included checks and direct deposits. Totaling
$90,046.24
Total disbursements- $583,848.56
Dat" ~esday. May 19. 2004 East Va.. . )Water District Page: ~ of 15
Time: (¡,..8PM Report: c~~30.rpt
Usee KATHY Check Register - Standard Company: EVWD
Period: 11-03 As of: 5/19/04
Check Check Check '!tendo< fD - Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
AcctlSub: 13110 000000000000000
197281 CK 5/6104 ~~~ß~HEAD UNITED WAY 11-03 11-03034848 VO ARRO43004 5/6104 0.00 50.00
197282 CK 5/6104 88~~t4TRUSTEE 11-03 034843 VO COUO430O4 5/6104 0.00 154.46
197283 CK 5/6104 88~~\RUSTEE 11-03 11-03034844 VO COUO430O4 5/6104 0.00 275.00
197284 CK 5/6104 ~~~'IroN-SARA H 11-03 034841 VO REAO430O4 5/6104 0.00 252.50
197284 CK 5/6104 ~~~~'IroN-SARA H 11-03 034842 VO REAO430O4.1 5/6104 0.00 160.60
Check rotal 413.10
197285 CK 5/6104 ~~~CWËRNARDINO CHILD SUPPORT 11-03 11-03034845 VO SAN0430O4 5/6104 0.00 269.00
197286 CK 5/6104 ~~~CWÖNO PUBLIC EMPLOYEES ASSN 11-03 11-03 034847 VO SANO430O4 5/6104 0.00 342.55
197287 CK 5/6104 ~8We~TAMI REDPATH 11-03 11-03034840 VO SOWO430O4 5/6104 0.00 250.00
197288 CK 5/6104 ~f~Ë4STREET BANK & TRUST 11-03 11-03034846 VO STA043004 5/6104 0.00 7.067.51
197289 CK 5/6104 f~~~WR-MARY 11-03 11-03 034839 VO TURO43004 5/6104 0.00 225.00
197290 CK 5/13/04 ~BþO02 11-03 034910 VO 888424 5f7/O4 0.00 301.47
197291 CK 5/13/04 ~1~2H~s WEST 11-03 034923 VO 103171870 4/30/04 0.00 39.90
197292 CK 5/13/04 ~~~ltAN SOLUTIONS FOR BUSINES 11-03 034881 VO 1989202 4/30104 0.00 758.56
197292 CK 5/13/04 ~1:;1~~ltAN SOLUTIONS FOR BUSINES 11-03 034882 VO 1984008 4/27/04 0.00 1,503.12
197292 CK 5/13/04 ~1:;1~~ltAN SOLUTIONS FOR BUSINES 11-03 034955 VO 1991510 5/4/04 0.00 2.753.02
Check Total 5,014.70
197293 CK 5/13/04 ~~~l/!RIDE UNIFORM SERVICES 11-03 034934 VO L4329963 4/6104 0.00 308.97
197293 CK 5/13/04 ~~~l/!RIDE UNIFORM SERVICES 11-03 034935 VO L439964 4/6104 0.00 25.00
197293 CK 5/13/04 ~1:;1~~l/!RIDE UNIFORM SERVICES 11-03 034936 VO L444888 4/13/04 0.00 321.16
Dale: \eSday, May 19, 2004 East Val. ¿ \vater District Page: k of 15
Time: 0;'A8PM Report: uoOJO.rpt
Usee KATHY Check Reaister . Standard Company: EVWD
Period: 11'()3 As of: 5/19/04
Check Check Check Vendor1!L- - Period Ref Doc Invoice Invoice Discount Amount
Nbr rype Date Vendor Name To Post Closed Nbr Type Number Date raken Paid
197293 CK 5/13/04 ~~~~l¡¡RIDE UNIFORM SERVICES 11'()3 034937 VO L444889 4/13/04 0.00 25.00
197293 CK 5/13/04 ~~~~1¡¡RIOE UNIFORM SERVICES 11-03 034938 VO L449814 4/20/04 0.00 308,97
197293 CK 5/13/04 ~~~~l¡¡RIDE UNIFORM SERVICES 11'()3 034939 VO L449815 4/20/04 0.00 25,00
197293 CK 5/13/04 ~~~~l¡¡RIDE UNIFORM SERVICES 11-03 034940 VO L454730 4/27/04 0.00 348.26
197293 CK 5/13/04 ~~~~l¡¡RIDE UNIFORM SERVICES 11-03 034941 VO L454731 4/27/04 0.00 25.00
Check Total 1,387.36
197294 CK 5/13/04 ~mO1 11-03 034904 VD 42506230404 4/28/04 0.00 28.02
197295 CK 5/13/04 ~leR7BUILDERS 11-03 034606 VO 321186-0 4/13/04 0.00 1,470.04
197296 CK 5/t3/04 R~~ß1t-CAROLINE J 11-03 034608 VO 1130235-5 4/13/04 0,00 1.64
197297 CK 5/13/04 R~fW&N-JOHN W 11-03 034927 VO 41537 517/04 0.00 175.00
197298 CK 5/13/04 RI~~eßls B 11-03 034609 VO 820019-15 4/13/04 0.00 20.41
197299 CK 5/13/04 R~Uß9¿K, BATTERSBY, MCELHANEY. 11-03 034911 VO 142 4/30/04 0.00 5,418,75
197300 CK 5/13/04 Ä~~mO/CALDWELL& MORELAND INS 11-03 034850 VO 53037 5/4/04 0.00 40.00
197301 CK 5/13/04 8~W~RNIA MUNICIPAL 11-03 034942 VO CAL51204 5/12/04 0.00 120.00
197302 CK 5/13/04 ~~R!'ðRNIA FUND CONTROL INC 11-03 034856 VO CAL040604 4/6104 0.00 105,57
197303 CK 5/13/04 8~~~~RESSER & MCKEE INC. 11-03 034943 VO 80173977/5 4/14/04 0.00 38,222.28
197304 CK 5/13/04 8~~WÓ-LORI J 11-03 034612 VO 1650498-5 4/13/04 0.00 31.66
197305 CK 5/13/04 8~f:g~h- TRACY A 11-03 034613 VO 1150123-1 4/13/04 0.00 46.34
197306 CK 5/13/04 8mgÒMMERCIAL FILTERING INC. 11-03 034916 VO 3795 4/30/04 0.00 175.00
Oale: ~e5day, May 19, 2004 East Va. \water District Page: ~ 01 15
Time: ~_..8PM Report: "-" O.rp!
User: KATHY Check Reaister - Standard Company: EVWD
Period: 11-03 As of: 5119/04
Check Check Check Vendor 10 Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
197307 CK 5/13/04 8~~lWgs-JESUS 11-03 034520 VO 114021~5.1 4/13/04 0.00 30.22
197308 CK 5/13/04 8~Ee9ibN U.S.A. 11-03 034851 VO 7898688077404 4130/04 0.00 98.17
197309 CK 5/13/04 B~8O01 11-03 034906 VO 6504481-01 5/4/04 0.00 175.20
197310 CK 5/13/04 B8[J1-~k-PAUL R 11-03 034965 VO DOL051004 5110/04 0.00 48.75
197311 CK 5/13/04 E~ggWs SECURITY & 11-03 034852 VO END0404 5/3/04 0.00 6,082.20
197311 CK 5/13/04 E~BgWs SECURITY & 11-03 0348S3 VO END0404.1 5/3/04 0.00 6,584.40
Check Total 12,666.60
197312 CK 5/13/04 E~E~%FT, INC 11-03 034857 VO R442028 5/t/O4 0.00 125.38
197313 CK 5/13/04 EWI~W IRRIGATION PRODUCTS INC 11-03 034917 VO 4332855 5/6104 0.00 107.71
197314 CK 5/13/04 E*þg%AN 11-03 034912 VO CD5O10007253 4/30/04 0.00 75.00
197315 CK 5/13/04 ~~I~I(í¡EW FORO SALES,INC 11-03 034885 AD 372078 4/23/04 0.00 -103.78
197315 CK 5/13/04 ~1~I(í¡EW FORD SALES,INC 11-03 034866 VO 374742 5/5/04 0.00 22.44
197315 CK 5/13/04 ~~I~I(í¡EW FORD SALES,INC 11-03 034867 VO 375262 5f7/04 0.00 140.67
197315 CK 5/13/04 ~~I~I(í¡EW FORD SALES,INC 11-03 034868 VO 375266 5f7/04 0.00 140.67
Check Total 200.00
197316 CK 5/13/04 ~1~gq¡¡AMERICAN REAL ESTATE 11-03 034944 VO 10947750 4/30/04 0.00 16.10
197317 CK 5/13/04 ~8~~~l-i STREET ROCK CRUSHER 11-03 034913 VO 212508 5/6104 0.00 285.15
197317 CK 5/13/04 ~8~~~l-i STREET ROCK CRUSHER 11-03 034914 VO 212458 5/5/04 0.00 281.16
197317 CK 5/13/04 ~8~~~l-i STREET ROCK CRUSHER 11-03 034978 VO 212638 5/10/04 0.00 336.02
Check Total 902.33
197318 CK 5/13/04 8~8~9éL EQUIPMENT CO 11-03 034915 VO 62540 5/10/04 0.00 604.44
197318 CK 5/13/04 8~8~9éL EQUIPMENT CO 11.03 034918 VO 62529 5/3/04 0.00 64.39
Dale: )a_day, May 19, 2004 East Val Water District Page: jot 15
Time: "-. ,dPM Report: - O.rpt
Usee KATHY Check Register - Standard Company: EVWD
Period: 11-113 As of: 5/19/04
Check Check Check Vendor ID ----- Period Ref Doc Invoice InvoIce Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken PaId
Check Total 668.83
197319 CK 5/13/04 8Ë~ß?~E PARTS COMPANY 11-03 034869 VO 826495 5/6104 0.24 11.70
197319 CK 5/13/04 8Ë~ß?~E PARTS COMPANY 11-113 034924 VO 827013 5/10/04 0.25 12.28
Check Total 23.98
197320 CK 5/13/04 81~ß<l.íkTTl-OLGA M 11-113 034616 VO 410003-8 4/14/04 0.00 68.90
197321 CK 5/13/04 88Bew-JOSE V 11-03 034617 VO 830208-1 4/12/04 0.00 224.11
197322 CK 5/13/04 8~ËmL -HARNEK 11-03 034618 VO 1010236-0 4/15/04 0.00 81.58
197323 CK 5/13/04 ~~þ~~1BOY CAR WASH 11-03 034883 VO 1119 4/1/04 0.00 131.88
197324 CK 5/13/04 ~IWW SAFETY 11-03 034902 VO 22730 5/3/04 0.00 247.50
197325 CK 5/13/04 ~8UßI~G AUTHORITY 11-03 034620 VO 542394-5 4/14/04 0.00 36.62
197326 CK 5/13/04 ~~B¡mSCAPE PROD. INC. 11-03 034919 VO 3349507-01 5/3/04 0.16 8.07
197326 CK 5/13/04 ~~BmSCAPE PROD. INC. 11-03 034920 VO 3349507-00 513/04 0.18 9.04
Check Total 17.11
197327 CK 5/13/04 I~fj'üb WATER WORKS SUPPLY CO 11-113 034870 VO 137990 5/3/04 92.15 4,515.24
197327 CK 5/13/04 I~fj'üb WATER WORKS SUPPLY CO 11-03 034871 VO 137991 5/3/04 4.89 239.70
197327 CK 5/13/04 I~~ WATER WORKS SUPPLY CO 11-03 034928 VO 138251 5n/O4 17.33 848.98
197327 CK 5/13/04 I~~ WATER WORKS SUPPLY CO 11-03 034929 VO 138302 5/10/04 7.93 388.59
197327 CK 5/13/04 I~fj'üb WATER WORKS SUPPLY CO 11'()3 034930 VO 138303 5110104 25.98 1.272.84
Check Total 7,265.35
197328 CK 5/13/04 ~ËË~9?N SUPPLY 11-03 034872 VO S21895O2.001 5/4104 0.00 187.16
197329 CK 5/13/04 ~'fewLUMBING SUPPLY 11'()3 034884 VO 50281 3131/04 0.00 2.16
197329 CK 5/13/04 ~'fewLUMBING SUPPLY 11-03 034885 VO 50288 4/1/04 0.00 11.84
197329 CK 5/13/04 ~'feq1LUMBING SUPPLY 11-03 034886 VO 50490 4/6/04 0.00 4.62
197329 CK 5/13/04 ~'feq1LUMBING SUPPLY 11-03 034888 VO 50583 4/8/04 0.00 10.75
Date: )esday. May 19. 2004 East Va¡ Water District Page: 1°1 15
Time: ~.. .dPM Report: .. O.rp!
User: KATHY Check Reaister . Standard Company: EVWD
Period: 11.03 As of: 5/19/04
Check Check Check Vendor ID".- ---'--" --- Perto<! Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
197329 CK 5113104 ~~eWLUMBING SUPPLY 11.03 034889 VO 50592 4/9/04 0.00 1.49
197329 CK 5/13104 ~~eWLUMBING SUPPLY 11-03 034890 VO 50657 4/19/04 0.00 12.00
197329 CK 5113104 ~~~LUMBING SUPPLY 11-03 D34891 VO 50741 4/22/04 0.00 6.01
197329 CK 5/13104 ~~eWLUMBING SUPPLY 11-03 034892 VO 50683 4/26/04 0.00 20.97
197329 CK 5/13/04 ~~eWLUMBING SUPPLY 11-03 034893 VO 50765 7/27104 9.48 6.67
197329 CK 5113/04 ~~eWLUMBING SUPPLY 11.03 034901 VO 50489 4/6/04 0.00 10.42
Check Total 86.93
197330 CK 5113/04 111~'IY-DEBORAH 11-03 034522 VO 70197-3.1 4/14/04 0.00 39.30
197331 CK 5/13104 ~~IlRE-CHERYL 11.03 034621 VO 650256-6 4/13104 0.00 49.47
197332 CK 5113104 I1Wg'BN PRODUCTS.INC 11-03 034894 VO 1984130 4/29/04 4.37 491.49
197332 CK 5113104 ~g'BN PRODUCTS,INC 11-03 034895 VO 1984131 4/29104 2.00 225.97
197332 CK 5/13/04 ~g'BN PRODUCTS.INC 11-03 034921 VO 1997486 514/04 3.48 381.85
Check Total 1,099.31
197333 CK 5113104 t~ij~b NURSERY 11-03 034922 VO 16S08 513104 0.00 51.63
197334 CK 5113104 t~~eRfs SWIMMING POOL SUPPLIE 11.03 034873 VO 413-47141 514/04 0.00 40.84
197335 CK 5/13104 ~tß'lJM ENTERPRISES 11.03 034945 VO 1653 4/30/04 0.00 15,802.56
197336 CK 5113104 ~~'wER INC 11-03 034905 VO 329500 515104 0.00 558.00
197337 CK 5113104 ~B~ SUSCO 11-03 035010 VO 51220764.001 4/13104 0.00 1,963.30
197337 CK 5113/04 ~~B~ SUSCO 11.03 035015 VO S1220764.004 5/6104 0.00 2,717.31
197337 CK 5/13/04 ~~~m SUSCO 11.03 035018 AD S1220764.004 516104 0.00 -181.59
Check Total 4,499.02
197338 CK 5/13/04 ~81:~ÖMETER INC 11.03 034931 VO 288276RI 5/10/04 0.00 6,937.97
197339 CK 5/13/04 ~~~Bl1zA-RAUL 11-03 034523 VO 1542164-0.1 4/13/04 0.00 57.30
Oate: trsday, May 19, 2004 East Va. Water District Page: ~Of 15
Time: L_. PM Report: ,_J O.rp!
User: KATHY Check Rellister . Standard CompanY' EVWD
Period: 11-03 As of: 5/19/04
Check Check Check ~nØ~- Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date VendorN.... To Post Closed Nbr Type Number Date Taken Paid
197340 CK 5/13/04 ~I~ß~EDZKI-JACEK 11-03 034858 VO MILO5O404 514/04 0.00 1,440.00
197341 CK 5113/04 ~~WM SMOG INC. 11-03 034874 VO 36293 515104 0.00 34.75
197342 CK 5113/04 ~~~eW-MICHAEL A 11-03 034623 VO 3501S7-1 4/12/04 0.00 26.05
197343 CK 5113/04 Þ~~~ß1RMANCE METERS INC 11-03 034849 VO 7470 513/04 418.51 20,507.08
197343 CK 5113/04 Þ~~~ß1RMANCE METERS INC 11-03 034875 VO 7466 513/04 110.70 5,424.31
197343 CK 5113/04 Þ~~~ß1RMANCE METERS INC 11-03 034896 VO 7440 4/27/04 236.73 11,599.84
197343 CK 5113/04 Þ~~~ß1RMANCE METERS INC 11-03 034897 VO 7415 4/16/04 175.28 8,566.93
Check Total 46,120.16
197344 CK 5113/04 Þt:11001 11-03 034859 VO PMIO504 516/04 0.00 617.70
197345 CK 5113/04 Þ8t:1ROðISTRIBUTING CO 11-03 034979 VO 441853 5110/04 0.00 3,666.06
197346 CK 5113/04 Þ~Iß1i'-JOHN G 11-03 034625 VO 510208-5 4/13/04 0.00 34.86
197347 CK 5113/04 ~~08~oup 11-03 11-03034933 VO 27400 4/30/04 0.00 527.00
197348 CK 5113/04 ~~ffi'Ë\ARY OF STATE 11-03 034907 VO SECO51004 5110104 0.00 40.00
197349 CK 5113/04 ~t:1I~~ESTMENTS 11-03 034627 VO 920182-5 4/14/04 0.00 47.12
197350 CK 5113/04 ~8<e'ÁI\DISON COMPANY 11-03 034854 VO 21985734200404 515104 0.00 6,515.39
197350 CK 5/13/04 ~8<e'~EDlSON COMPANY 11-03 034855 VO 22228776720404 514/04 0.00 109.89
197350 CK 5113/04 ~8<e'Æ~EDISON COMPANY 11-03 034968 VO 22578937500404 517/04 0.00 302.20
Check rotal 6,927.48
197351 CK 5113/04 ~f~~~h CREDIT PUIN 11-03 034903 VO 797283000021088 4/28/04 0.00 837.28
197352 CK 5/13/04 ~f~~ß30F CALIFORNIA 11-03 034860 VO STA043004 516/04 0.00 12,241.85
Oalo' )a_day. May 19, 2004 East Val. \,yater District Page: r of 15
nme, O<..dPM Report: -_J.lO.rpt
Use" KATHY Check Reaister - Standard Company, EVWD
Period: 11.03 As of: 5119/04
Check Chock Check Vendor 10_... -- Period Ref Doc Invoice Invoice Discount Amount
Nbr rype Dato Vendor Name To Post Closed Nbr Type Number Date Taken Paid
197353 CK 5/13/04 ~:¡:~%9WATER RESOURCES BOARD 11-03 034946 VO STA050504 515/04 0.00 3.795.00
197354 CK 5113/04 ~~~~%1v,SONE 11-03 034630 VO 1341005-0 4/13/04 0.00 60.22
197355 CK 5/13/04 :¡:~I&'~K PACIFIC HOMES 11-03 034460 VO 1450142.0.0409 4/14/04 0.00 48.35
197356 CK 5/13/04 ~8~j¡9ÀYMENT CENTER #5450 11-03 11-03034972 VO 105980274 4/30/04 0.00 173.00
197356 VC 5/17/04 ~8tjjJ9ÀYMENT CENTER #5450 11-03 11-03034972 VO 105980274 4130/04 0.00 -173.00
Check Total 0.00
197357 CK 5/13/04 ~~BiWihROUND SERVICE ALERT 11-03 11-03034861 VO 2004040241 511/04 0.00 182.00
197358 CK 5113/04 ~~I~%b PARCEL SERVICE 11-03 034862 VO 000016XW88184 5/1/04 0.00 16.00
197359 CK 5/13/04 ~~'"IP8~ES 11-03 034631 VO 200280-0 4/12/04 0.00 3.99
197359 CK 5/13/04 ~~~8~ES 11-03 034632 VO 200278-0 4/12/04 0.00 2.23
197359 CK 5/13/04 ~~~8~ES 11-03 034633 VO 200268-0 4/12/04 0.00 7.16
Check Total 13.38
197360 CK 5/13/04 ~~~ðSTMASTER 11-03 034947 VO USP0512O4 5/12/04 0.00 914.00
197361 CK 5/13/04 ~:¡:Iffi1v SUPPLY OF AMERICA 11-03 034699 VO 802181 4129/04 0.96 94.75
197362 CK 5/13/04 ~~~~ðN WIRELESS 11-03 034864 VO 1858137903 4/25/04 0.00 122.32
197363 CK 5113/04 ~~~P2ðN 11-03 034948 VO 16756510504 5/1/04 0.00 45.33
197384 CK 5113/04 ~1l:B~MUTH ENVIRONMENTAL. INC. 11-03 034932 VO 2004130 517/04 0.00 1.988.50
197365 CK 5/13/04 ~1l:e¡¡¡;MS-MICHAEL 11-03 034637 VO 940119-6 4/12/04 0.00 104.37
197366 CK 5/13/04 ~I~%~%ss WATCHDOG. LLC 11-03 034863 VO 23689 5/3/04 0.00 376.80
Date: jeSday, May 19, 2004 East Val Water District Page: ~ of 15
Time: ~- , PM Report: .- O,rpt
User: KATHY Check Reaister - Standard Company. EVWD
Period: 11-03 As of: 5/19/04
Check Check Check VendorID_- - Pertod Ref Dec Invoice Invoice DIscount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
197367 CK 5/13/04 ~~~ßI/ikOUGH-CHARLES C 11-03 034526 VO 1642802-2,1 4/12/04 0,00 41.14
197368 CK 5113/04 ~~~! 31:DICAL SERVICE # 11-03 034876 VO 140666486 5/5104 0.00 48.01
197368 CK 5/13/04 ~~~! 31:DICAL SERVICE # 11-03 034877 VO 140666486 5/5/04 0,00 48,01
197368 CK 5/13/04 ~~~! 31:DICAL SERVICE # 11-03 034878 VO 140666484 515104 0,00 27,27
197368 CK 5113/04 ~~~! 31:DICAL SERVICE # 11-03 034879 VO 140666485 515104 0.00 318,14
197368 CK 5113/04 ~~~! 31:DICAL SERVICE # 11-03 034880 AD 140666486 515104 0.00 -48,01
197368 CK 5113/04 ~~~! 31:DICAL SERVICE # 11-03 034887 VO 504 4/6104 0.00 10,42
197368 CK 5/13/04 ~~~! 31:DICAL SERVICE # 11-03 034900 AD 504 4/6104 0,00 -10,42
Check Total 393.42
197369 CK 5/19/04 ~B~~bED TELEMETRY SYS INTL 11-03 035023 VO 13065 513104 0,00 6,789.00
197369 CK 5119/04 ~B~R~bED TELEMETRY SYS INTL 11-03 035132 VO 13066 517/04 0.00 411.45
Check Total 7,200.45
197370 CK 5/19/04 ~~~92:AN EXPRESS 11-03 035111 VO 311020404 4/29/04 0.00 4,007.66
197371 CK 5/19/04 ~lfWJESTMENTS 11-03 034605 VO 530248-9 4/22/04 0.00 71.09
197372 CK 5119/04 ~ลก8°O1 11-03 035183 VO ASCO604 5/19/04 0.00 3,424.30
197373 CK 5119/04 ill~01 11-03 035028 VO 88995010404 4/28/04 0,00 634.11
197374 CK 5/19/04 8~~I\rS-TOM 11-03 034607 VO 450150-2 4/20/04 0.00 11.69
197375 CK 5119/04 8~~fW~ATER TECHNOLOGY GROUP 11-03 035112 VO 119235128 513104 0,00 1,489.27
197376 CK 5119/04 8~N-JOHN W 11-03 035113 VO 41535 513104 0,00 1,758,12
197377 CK 5119/04 81~BO~EFRIGERATION CO.,INC, 11-03 035133 VO 40705 5112/04 0,00 78.00
197378 CK 5119/04 8~19¡>¡¡NEE ELECTRIC 11-03 035134 VO 134925 4/30/04 0,00 3,754.80
Dale: ~eSday, May 19, 2004 East Va. )Water District Page: ~Of 15
TIme: ".., PM Report: --" O.rp!
Usee KATHY Check Reaister . Standard c:on-.>any: EVWD
Period: 11'()3 As of: 5/19/04
Check Check Check Vendor 10 ----~- Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name ro Post Closed Nbr Type Number Date Taken Paid
197379 CK 5/19/04 B~~~~-ROBERT 11'()3 034610 VO 820009-10 4/22/04 0.00 235.69
197380 CK 5/19/04 Ä~~mO/CALDWELL & MORELAND INS 11'()3 035130 VO 53271 5/17104 0.00 57.00
197381 CK 5/19/04 8~I:IÞ4JRNIA STATE UNIVERSITY SB 11-03 035115 VO CAL051204 5/12/04 0.00 10,500.00
197382 CK 5/19/04 8~I:ßt8uEST, INC. 11-03 035135 VO 4C12503 5/3/04 0.00 9,364.51
197383 CK 5/19/04 8~B~ON-LETICIA 11-03 034611 VO 420040-1 4/21/04 0.00 60.17
197384 CK 5/19/04 8~~~ß'ky AUTO GLASS 11-03 035136 VO 7686 5/10/04 0.00 265.99
197385 CK 5/19/04 8~~£P-fECH INTERNATIONAL INC 11-03 035021 VO EV283 5/5/04 0.00 2,959.12
197386 CK 5/19/04 81WÒF HIGHLAND 11-03 035114 VO CIT503O4 5/3/04 0.00 50.00
197387 CK 5/19/04 881:~ß~ TRUCK SUPPLY 11-03 035137 VO 1-302103 5/17104 0.00 36.29
197387 CK 5/19/04 881:%~ TRUCK SUPPLY 11-03 035138 VO 1-302104 5/17/04 0.00 29.80
Check Total 66.09
197388 CK 5/19/04 8~~~~-SHARON 11-03 034614 VO 1270142-2 4120/04 0.00 29.35
197389 CK 5/19/04 B~RæFINE ART SERVICES 11-03 035032 VO 04-019 4/23/04 0.00 1,680.00
197390 CK 5/19/04 B~Þ~~)-MENT OF THE INTERIOR-BLM 11-03 035025 VO 1375 (CA68O) 5/13/04 0.00 31.17
197391 CK 5/19/04 BIBIJP$AFE & LOCK SERVICE 11-03 035139 VO 107400 5/13/04 0.00 4.69
Chock Total 4.69
197392 CK 5/19/04 B8~g~AN TREE SERVICE 11-03 03S140 VO 16181 5/12/04 0.00 900.00
197393 CK 5/19/04 ~~~~1ÅIGHLAND, LLC 11-03 035116 VO EAS0514O4 5/14/04 0.00 7,154.00
197394 CK 5/19/04 ~8~q&'\GING INC. 11-03 035141 VO 4045 2/28/04 0.00 3,501.75
Date' )eSday, May 19, 2004 East Va¡ !water District Page, ~Of 15
Time, v...6PM Report' ~-" O.rpt
Use" KATHY Check ReQister . Standard Company: EVWD
Period: 11-03 As of: 5/19/04
Check Check Check Vendor 10 --.------- Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
197395 CK 5/19/04 ~k1Þeß~ERS GROUP 11-03 035184 VO 10033600 516104 0.00 769.00
197396 CK 5/19/04 ~~c¡,~HYDRO 11-03 035142 VO 58737 4/24/04 0.00 10,637.50
197397 CK 5119/04 Þ~I~~EW FORO SALES,INC 11-03 035143 VO 376076 5111/04 0.00 378.63
197397 CK 5/19/04 Þ~I~~EW FORD SALES,INC 11-03 035144 VO 376778 5113/04 0.00 60.73
197397 CK 5119/04 Þ~I~~EW FORD SALES,INC 11-03 035145 VO 376711 5/13/04 0.00 100.58
197397 CK 5/19/04 Þ~I~~EW FORD SALES,INC 11-03 035146 VO 377269 5/17/04 0.00 40.44
197397 CK 5/19/04 Þ~I~~EW FORD SALES,INC 11-03 035177 VO 377379 5/17/04 0.00 48.90
197397 CK 5/19/04 Þ~I~~EW FORD SALES,INC 11-03 035185 AD 376707 CREDIT 5113/04 0.00 -111.50
Check rotal 517.78
197398 CK 5119/04 Þ~~RS1R BROS COFFEE 11-03 035189 VO 2892506 5/19/04 0.00 245.25
197399 CK 5/19/04 Þ8~~fR-CHARLOTTE 11-03 034615 VO 60703-6 4/22/04 0.00 21.25
197400 CK 5/19/04 Þ8U~% STREET ROCK CRUSHER 11-03 035147 VO 212893 5/14104 0.00 358.59
197401 CK 5/19/04 Þ~RieO-CLAUDIA 11-03 034646 VO 830326-3.1 4/19/04 0.00 45.18
197402 CK 5/19/04 a~~B9~E PARTS COMPANY 11-03 035148 VO 823222 4/12/04 1.53 75.10
197402 CK 5119/04 a~~B9~E PARTS COMPANY 11-03 035149 VO 827419 5/13/04 0.30 14.77
197402 CK 5/19/04 a~~B9~E PARTS COMPANY 11-03 035150 VO 827274 5/12/04 0.90 44.34
197402 CK 5119/04 a~~B?~E PARTS COMPANY 11-03 035151 VO 827949 5/17104 0.89 43.82
197402 CK 5119/04 a~~B9~E PARTS COMPANY 11-03 035152 VO 827989 5/17104 0.26 12.58
197402 CK 5/19/04 8~~B9~E PARTS COMPANY 11-03 035178 VO 827632 5/14/04 0.93 45.46
197402 CK 5119/04 a~~B9~E PARTS COMPANY 11-03 035179 VO 828004 5/17104 0.20 9.62
Check Total 245.67
197403 CK 5/19/04 a~ßl/iíc CONTROLS CORPORATION 11-03 035153 VO GY4266 5/5/04 0.00 134.51
Date, '. ~Sday, May 19, 2004 East Val. \,vater District Page' ) of 15
Time' û. .J M Report' "_JJO.rpt
Usee KATHY Check Reaister - Standard Company' EVWD
Period: 11.03 As of: 5/19/04
Check Check Check Vendor ID ---- _.--- Penod Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
197404 CK 5119/04 ~~Im~-ROBIN V 11-03 034619 VO 1530250-1 4/2t/O4 0.00 33.92
197405 CK 5/19/04 ~~~W&OD HOMES 11-03 035117 VO HAR0514O4 5/14/04 0.00 7,902.00
197406 CK 5119/04 ~la~'ð.ND COMMUNITY NEWS 11.03 035118 VO 3554 5/6104 0.00 102.40
197407 CK 5/19/04 l~tR~ WATER WORKS SUPPLY CO 11.03 035154 vo 138512 5113/04 33.27 1,630.39
197407 CK 5119/04 l~tR~ WATER WORKS SUPPLY CO 11.03 035155 VO 137452 4/20/04 2.26 110.88
Check Total 1,741.27
197408 CK 5/19/04 ¡æ:2~NDSCAPING 11-03 035156 VO 256 5/12/04 0.00 450.00
t97408 CK 5/t9/O4 ¡æ:~NDSCAPING 11-03 035157 VO 256 5/12104 0.00 135.00
197408 CK 5/19/04 ¡æ:2~NDSCAPING 11-03 035156 VO 257 5/12/04 0.00 180.00
197408 CK 5/19/04 ¡æ:2~NDSCAPING 11-03 035172 VO 259 5/12/04 0.00 405.00
Check Total 1,170,00
197409 CK 5119/04 ~~~ßlbY-JERRY 11-03 034765 VO 742341.0.8 4/23/04 0.00 29.62
197410 CK 5/19/04 ~~PBðN-LiNDA L 11.03 034622 VO 1231144-3 4/21/04 0.00 30.70
197411 CK 5/19/04 ~~I:ßC¡¡M ENTERPRISES 11.03 035022 VO 1657 5f1/04 0.00 1,835.00
197412 CK 5/19/04 ~~~'bWER INC 11-03 035026 VO 329676 5/11/04 0.00 604.50
197413 CK 5119/04 ~8<t~ÖMETER INC 11.03 035159 VO 268451 RI 5/13/04 0.00 1,263.37
197413 CK 5119/04 ~8<t~ÖMETER INC 11-03 035160 VO 268429 RI 5/13/04 0.00 4,670.82
197413 CK 5/19/04 ~8<è!tÖMETER INC 11.03 035186 VO 265001-RI 2/27/04 0.00 3,176.73
197413 CK 5/19/04 ~8<t~ÖMETER INC 11.03 035187 AD 268403 RI 5/12/04 0.00 -2,358.11
Chock Total 6,752.81
197414 CK 5/19/04 ~II:ßiJ;IEDZKI-JACEK 11-03 035019 VO MIL0511O4 5/11/04 0.00 1.440.00
197415 CK S/19/O4 ~~~I¡ji/'" SMOG INC. 11-03 035180 VO 36387 5114/04 0.00 43.00
197415 CK 5/19/04 ~~~I¡ji/'" SMOG INC. 11-03 035181 VO 36421 5/18/04 0.00 43.00
Oate: ~eSday, May 19, 2004 East Va. )Water District Page: j2of 15
Time: " PM Report: -- O.rp!
User: KATHY Check ReQister . Standard Company: EVWD
Period: 11.03 As of: 5/19/04
Check Check Check Vendor ID~~.._..~- ...._~. Pertod Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
197415 CK 5/19/04 ~'i~~ SMOG INC. 11.03 035182 VO 36419 5/18/04 0.00 43.00
Check rotal 129.00
197416 CK 5/19/04 ~Hß'I5MP TECHNOLOGIES, INC. 11-03 035161 VO 2004219 5/10/04 0.00 90.12
197416 CK 5/19/04 ~Hß'I5MP TECHNOLOGIES, INC. 11-03 035162 VO 2004124 3/10/04 0.00 675.00
197416 CK 5/19/04 ~Hß'I5MP TECHNOLOGIES, INC. 11-03 035163 VO 2004164 4120/04 0.00 1,170.00
Check Tolal 1,935.12
197417 CK 5/19/04 ~E~~l COMMUNICATIONS 11-03 035188 VO 426242026-024 5/1/04 0.00 1,392.28
197418 CK 5/19/04 8~E! \\1ICE CLOTHING, INC. 11-03 034624 VO 430176-1 4/19/04 0.00 36.35
197419 CK 5/19/04 ÞE~mRMANCE METERS INC 11-03 035164 VO 7526 5/13/04 116.37 5,702.14
197420 CK 5/19/04 Þ~UM PLUS FOR BUSINESS 11-03 035119 VO 1018 DOLTER 5/10/04 0.00 4,633.96
197420 CK 5/19/04 Þ~UM PLUS FOR BUSINESS 11-03 035120 VO 1026 SANTINI 5/10/04 0.00 39.80
Check Tolal 4,673.76
197421 CK 5/19/04 ~BP8BETECTION 11-03 035165 VO 185126 4/30/04 0.00 98.73
197422 CK 5/19/04 ~EÞß~\: DEPT CITY OF S B 1t-O3 035121 VO 018642A0404 5/11/04 0.00 164.27
197422 CK 5/19/04 ~EÞß~\: DEPT CITY OF S B 11-03 035122 VO 003280A0404 5/11/04 0.00 864.00
197422 CK 5/19/04 ~EÞß~\: DEPT CITY OF S B 11-03 035123 VO 000613A0404 5/11/04 0.00 240.00
Check Tolal 1,068.27
197423 CK 5/19/04 ~1~ß<i:JCK TECHNOLOGIES,INC. 11-03 035124 VO M200401075 5/17/04 0.00 225.00
197424 CK 5/19/04 §R8O01 11-03 035029 VO 86204460404 4/28/04 0.00 23.47
197425 CK 5/19/04 §~~~q.yCKI-RAYMOND 11.03 035020 VO SHY0404 5/7/04 0.00 2.400.00
197426 CK S/19/04 §8<{?}tEDISON COMPANY 11-03 035030 VO 22070486790404 5/12104 0.00 12,286.45
197426 CK 5/19/04 §8<{?2tEDISON COMPANY 11-03 035034 VO 20775946950404 5/12104 0.00 138,157.17
Check Total 150,443.62
197427 CK 5/19/04 §P¡fgR~T HIGHLAND LLC 11-03 035125 VO SPE051404 5/14/04 0.00 1,402.00
Date' leSday. May 19. 2004 East Va. Water District Page' )3 of 15
Time' L_.. PM Report __o30.rpt
Usee KATHY Check Reaister - Standard Company, EVWD
Period: 11-03 As of: 5/19/04
Check Check Check Vendor 10 u_---.- Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr rype Number Date Taken Paid
197428 CK 5/19/04 ~f~~~9WATER RESOURCES BOARD 11-03 035024 VO STA051204 5/12/04 0.00 115.00
197429 CK 5/19/04 ~~~Ì¥ARD PACIFIC HOMES 11-03 034629 VO 660006-0 4/21/04 0.00 8.04
197430 CK 5/19/04 ~f~e~ART CORPORATION 11-03 034628 VO 1010087-3 4/19/04 0.00 63.70
197431 CK 5/19/04 ~~~ß<¡JAMIHARDJA-ALWI 11-03 034626 VO 440444-3 4120/04 0.00 69.00
197432 CK 5/19/04 ~8~H9ÀYMENT CENTER #5450 11-03 034972 VO 105980274 4/30/04 0.00 173.00
197432 CK 5/19/04 ~8tWÀYMENT CENTER #5450 11-03 035083 AD 105980274 4/30/04 0.00 -173.00
197432 CK 5/19/04 ~8tWÀYMENT CENTER #5450 11-03 035084 VO 105980274 4/30/04 0.00 173.00
Check Total 173.00
197433 CK 5/19/04 WI~'!9~ INTERNATIONAL 11-03 035166 VO 107675 3/17104 0.00 33.78
197433 CK 5/19/04 ~WÞ.'!9~ INTERNATIONAL 11-03 035167 VO 2037394 5/12/04 0.00 24.48
Check Total 58.26
197434 CK 5/19/04 ~~I~~ PARCEL SERVICE 11-03 035027 VO 000016XW88194 5/8104 0.00 16.00
197435 CK 5/19/04 ~~F~e:¡'ER WESTATES 11-03 035174 VO 0159028-IN 4/20/04 0.00 2.973.90
197436 CK 5/19/04 ~ê~OON 11-03 035031 VO 88995010404 5/1/04 0.00 1.727.33
197436 CK 5/19/04 ~ê~ß?éN 11-03 03S126 VO 18200920504 5/4/04 0.00 45.52
197436 CK 5/19/04 ~ê~OON 11-03 035127 VO 18140230504 5/7/04 0.00 42.54
Check rotal 1,815.39
197437 CK 5/19/04 ~flß?tEDUCATION FOUNDATION 11-03 035128 VO 41922 5/12/04 0.00 5.000.00
197438 CK S/19/04 ~HeR1suPPL Y CO. 11-03 035175 VO 0177166-IN 4/30/04 0.00 5.196.79
197438 CK 5/19/04 ~ê~eR1suPPL Y CO. 11-03 035176 VO 0177165-IN 4/30/04 0.00 7.119.44
Check rotal 12,316.23
197439 CK 5/19/04 ~m~~KEVIN 11-03 034635 VO 82714-6 4/22/04 0.00 25.63
Dale: ~sday, May 19, 2004 East Va¡ Water District Page: ~ of 15
Time: v-. ,dPM Report: C_J O.rpt
Usee KATHY Check Register. Standard Company: EVWD
Period: 11-03 As of: 5119/04
Check Check Check VendorlD -.---- Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name ro Post Closed Nbr Type Number Date Taken Paid
197440 CK 5/19/04 ~1~B%'k-MARC V 11-03 034636 VO 1650133-2 4/19/04 0.00 16.89
197441 CK 5119/04 ~1~erÅ'MS-EVELYN L 11-03 035067 VO 1450110-1.1 5114/04 0.00 75.00
197442 CK 5/19/04 ~1~ß~hs WATCHDOG, LLC 11-03 035173 VO 23671-A 4/30/04 0.00 113.39
197443 CK 5/19/04 ~JrRR¿KEEvER 11-03 035131 VO 8958 5/1/04 0.00 2,510.00
197444 CK 5/19/04 ~~Ia! \\¡--CATHRINE 11-03 034638 VO 200188-1 4/19/04 0.00 49.40
197445 CK 5/19/04 ~'fJ.,G8~INGERINC 11-03 035168 VO 934-766995-5 5/12/04 0.00 83.33
197445 CK 5/19/04 ~W8~INGER INC 11-03 035169 VO 934-768994-8 5/12/04 0.00 432.13
197445 CK 5/19/04 ~W8~tNGERINC 11-03 035170 VO 934-768993-0 5/12/04 0.00 263.39
Check Total 778.85
197446 CK 5/19/04 ~8~~~-GARY 11-03 035129 VO YOUNGO423O4 4/23/04 0.00 90.00
197447 CK 5/19/04 ~Hc¡£ËDICAL SERVICE # 11-03 035171 VO 140668552 5/13/04 0.00 28.45
197448 CK 5/19/04 ~I~~H-JEANETTE M 11-03 034639 VO 840004-4 4/21/04 0.00 12.02
197449 CK 5/19/04 ~~~ßq¡¡HEAD UNITED WAY 11-03 035190 VO ARR0514O4 5/19/04 0.00 50.00
197450 CK 5/19/04 88~~f4TRUSTEE 11-03 035191 VO COU051404 5/19/04 0.00 154.46
197451 CK 5/19/04 88~~f\RUSTEE 11-03 035192 VO COU0514O4 5/19/04 0.00 275.00
197452 CK 5/19/04 ~~~~'lrON-SARA H 11-03 035193 VO REA0514O4 5/19/04 0.00 252.50
197452 CK 5/19/04 ~~~~'lrON-SARA H 11-03 035194 VO REA0514O4.1 5/19/04 0.00 150.76
Check Total 403.26
197453 CK 5/19/04 ¡¡~~~ËRNARDINO CHILD SUPPORT 11-03 035196 VO SAN0514O4 5/19/04 0.00 269.00
Date' }Sday, May 19, 2004 East Val. Water District Page, ~Of 15
Time' ...-., PM Report' o__JO.rpt
Use" KATHY Check Reaister - Standard Company' EVWD
Period: 11-113 As of: 5119/04
Cheçk Check Cheçk Vendor ID Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
197454 CK 5/19/04 ~~~c¡j'ÖNO PUBLIC EMPLOYEES ASSN 11-113 035195 VO SAN051404 5119/04 0.00 342.55
197455 CK 5/19/04 ~8~eW-TAMI REDPATH 11-03 035197 VO SOW051404 5/19/04 0.00 250.00
197456 CK 5/19/04 ~mË4STREET BANK & TRUST 11-03 035198 VO STA051404 5/19/04 0.00 7,067.51
197457 CK 5/19/04 :¡:H~~W'R-MARY 11-113 035199 VO TUR051404 5/19/04 0.00 225.00
Check Count 178
Acct Sub Total: 493,802.32
Cheçk rype Count Amount Paid
Regular 177 493,975.32
Hand 0 0.00
Void 1 -173.00
Stub 0 0.00
Zero 0 0.00
Mask 0 0.00
Total, 178 493,802.32
Company Disc Total 1,267.53 Company Total
493,802.32
'-I' ,
I"iI no-
DONALD L. ROGERS, C.P,A.
DENNIS H. MALODY II, CP.A
JAY H, ZERCHER, C.P.A
ROBERT B. MEMDRY, C.P,A.
PHIlliP H. WALLER, CPA.
BRENDA L, ODLE, CPA
TERRY P SHEA, CPA
KIRK A. FRANKS, CPA
- ROGERS, ANDERSON, MALODY & SCOTT, LLP
CERnREO PUBUC ACCOUNTANTS
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May 16, 2003
CYNTHIA L SAKS, C.PA
LEENA SHANBHAG, CPA
NANevO'RAFFERTY, C,P.A
KATHLEEN L. DEVALK, C.P,A
LAURIE K. MARSCHER, C.P,A.
THOMAS T. PRILL, C.P.A.
JENNIFER L STARBUCK, cn.
JOSEPH P. WALSH, CPA.
50 MAN (PEONY) CHENG, CPA,
SCOTT W, MANNO, cn
THOMAS V. HESS, C.P,A.
Board of Directors
East Valley Water District
Post Office Box 3427
San Bernardino, California 92413
We are pleased to confirrn our understanding of the services we are to provide East Valley
Water District for the years ended June 30, 2003 through June 30, 2005. We will audit the
financial statements of East Valley Water District as of and for the years ended June 30, 2003
through June 30, 2005. We understand that the financial statements will be presented in
accordance with the financial reporting model described in GASB Statement No, 34, Also, the
document we submit to you will include the following additional information that will be subjected
to the auditing procedures applied in our audit of the financial statements:
. Schedule of expenditures of federal awards
Audit Objectives
The objective of our audit is the expression of an opinion as to whether your financial
statements are fairly presented, in all material ,respects, in conformity with U,S. generally
accepted accounting principles and to report on the fairness of the additional information
referred to in the first paragraph when considered in relation to the financial statements taken as
a whole. The objective also includes reporting on -
Internal control related to the financial statements and compliance with laws, regulations,
and the provisions of contracts or grant agreements, noncompliance with which could
have a material effect on the financial statements in accordance with Government
Auditing Standards,
Internal control related to major programs and an opinion (or disclaimer of opinion) on
compliance with laws, regulations, and the provisions of contracts or grant agreements
that could have a direct and material effect on each major program in accordance with
the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations,
The reports on internal control and compliance will each include a statement that the report is
intended for the information and use of the audit committee, management, specific legislative or
regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not
intended to be and should not be used by anyone other than these specified parties.
MEMBERS
AMERICAN INSTITUTE OF
CERTIF"D PUBLIC ACCOUNTANTS
PCPS THE AlCPA A1.I.IANCE FOR CPA FIRMS
VANIRTOWER . 2geNORTwD'STREET' SU{rE300
SAN BERNAADIND, CA 9240'
(9O9ì BB9,e877 . (9O9ì B24-6736 . FAX (909) BB9-536'
E-mall: ",m,@,.""cpa,no'
CALIFORNIA SOCIETY OF
CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors
East Valley Water District
May 16, 2003
Page 2
Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the
standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the
provisions of OMB Circular A-133, and will include tests of accounting records, a determination
of major programs in accordance with Circular A.133, and other procedures we consider
necessary to enable us to express such an opinion and to render the required reports. If our
opinion on the financial statements or the Single Audit compliance opinion is other than
unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are
unable to complete the audit or are unable to form or have not formed an opinion, we may
decline to express an opinion or issue a report as a result of this engagement.
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for compliance
with the provisions of contracts, agreements, and grants. In fulfilling this responsibility,
estimates and judgrnents by management are required to assess the expected benefits and
related costs of the controls. The objectives of internal control are to provide management with
reasonable, but not absolute, assurance that assets are safeguarded against loss from
unauthorized use or disposition, that transactions are executed in accordance with
management's authorizations and recorded properly to permit the preparation of financial
statements in accordance with generally accepted accounting principles, and that federal award
programs are managed in compliance with applicable laws and regulations and the provisions of
contracts and grant agreements.
Management is responsible for making all financial records and related information available to
us. We understand that you will provide us with such information required for our audit and that
you are responsible for the accuracy and completeness of that information. We will advise you
about appropriate accounting principles and their application and will assist in the preparation of
your financial statements, including the schedule of expenditures of federal awards, but the
responsibility for the financial statements remains with you. That responsibility includes the
establishment and maintenance of adequate records and effective internal control over financial
reporting and compliance, the selection and application of accounting principles, and the
safeguarding of assets. Management is responsible for adjusting the financial statements to
correct material misstatements and for confirming to us in the representation letter that the
effects of any uncorrected misstatements aggregated by us during the current engagement and
pertaining to the latest period presented are immaterial, both individually and in the aggregate,
to the financial statements taken as a whole. You are responsible for the design and
implementation of programs and controls to prevent and detect fraud, and for informing us about
all known or suspected fraud affecting the government involving (a) management, (b)
employees who have significant roles in internal control, and (c) others where the fraud could
have a material effect on the financial statements. You are also responsible for informing us of
your knowledge of any allegations of fraud or suspected fraud affecting the government
received in communications from employees, former employees, regulators, or others. In
addition, you are responsible for identifying and ensuring that the entity complies with applicable
laws and regulations. Additionally, as required by OMB Circular A.133, it is management's
responsibility to follow up and take corrective action on reported audit findings, if any.
Board of Directors
East Valley Water District
May 16, 2003
Page 3
Audit Procedures - General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures
in the financial statements; therefore, our audit will involve judgment about the number of
transactions to be examined and the areas to be tested. We will plan and perform the audit to
obtain reasonable rather than absolute assurance about whether the financial statements are
free of material misstatement, whether from errors, fraudulent financial reporting,
misappropriation of assets, or violations of laws or governmental regulations that are attributable
to the entity or to acts by management or employees acting on behalf of the entity. As required
by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include test
of transactions related to major federal award programs for compliance with applicable laws and
regulations and the provisions of contracts and grant agreements. Because an audit is
designed to provide reasonable, but not absolute assurance and because we will not perform a
detailed examination of all transactions, there is a risk that material misstatements or
noncompliance may exist and not be detected by us. In addition, an audit is not designed to
detect immaterial misstatements or violations of laws or governmental regulations that do not
have a direct and material effect on the financial statements or major programs. However, we
will inform you of any material errors and any fraudulent financial reporting or misappropriation
of assets that comes to our attention. We will also inform you of any violations of laws or
governmental regulations that come to our attention, unless clearly inconsequential. We will
include such matters in the reports required for a Single Audit. Our responsibility as auditors is
limited to the period covered by our audit and does not extend to matters that might arise during
any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include tests of the physical existence of inventories, and direct
confirmation of receivables and certain other assets and liabilities by correspondence with
selected individuals, creditors, and financial institutions. We will request written representations
from your attorneys as part of the engagement, and they may bill you for responding to this
inquiry. At the conclusion of our audit, we will also require certain written representations from
you about the financial statements and related matters.
Audit Procedures - Internal Controls
In planning and performing our audit, we will consider the internal control sufficient to plan the
audit in order to determine the nature, timing, and extent of our auditing procedures for the
purpose of expressing our opinions on East Valley Water District's financial statements and on
its compliance with requirements applicable to major programs.
We will obtain an understanding of the design of the relevant controls and whether they have
been placed in operation, and we will assess control risk. Tests of controls may be performed
to test the effectiveness of certain controls that we consider relevant to preventing and detecting
errors and fraud that are material to the financial statements and to preventing and detecting
misstatements resulting from illegal acts and other noncompliance matters that have a direct
and material effect on the financial statements. Tests of controls relative to the financial
statements are required only if control risk is assessed below the maximum level. Our tests, if
performed, will be less in scope than would be necessary to render an opinion on internal
control and, accordingly, no opinion will be expressed in our report on internal control issued
pursuant to Government Auditing Standards.
Board of Directors
East Valley Water District
May 16, 2003
Page 4
As required by OMB Circular A-133, we will perform tests of controls to evaluate the
effectiveness of the design and operation of controls that we consider relevant to preventing or
detecting material noncompliance with compliance requirements applicable to each major
federal award program. However, our tests will be less in scope than would be necessary to
render an opinion on those controls and, accordingly, no opinion will be expressed in our report
on internal control issued pursuant to OMB Circular A-133.
An audit is not designed to provide assurance on internal control or to identify reportable
conditions. However, we will inform the governing body or audit committee of any matters
involving internal control and its operation that we consider to be reportable conditions under
standards established by the American Institute of Certified Public Accountants. Reportable
conditions involve matters coming to our attention relating to significant deficiencies in the
design or operation of the internal control that, in our judgment, could adversely affect the
entity's ability to record, process, summarize, and report financial data consistent with the
assertions of management in the financial statements. We will also inform you of any
nonreportable conditions or other matters involving internal control, if any, as required by OMB
Circular A-133.
Audit Procedures - Compliance
Our audit will be conducted in accordance with the standards referred to in the section titled
Audit Objectives. As part of obtaining reasonable assurance about whether the financial
statements are free of material misstatement, we will perform tests of East Valley Water
District's compliance with applicable laws and regulations and the provisions of contracts and
agreements, including grant agreements. However, the objective of those procedures will not
be to provide an opinion on overall compliance and we will not express such an opinion in our
report on compliance issued pursuant to Government Auditing Standards.
OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable
assurance about whether the auditee has complied with applicable laws and regulations and the
provisions of contracts and grant agreements applicable to major programs. Our procedures
will consist of the applicable procedures described in the OMS Circular A-133 Compliance
Supplement for the types of compliance requirements that could have a direct and material
effect on each of East Valley Water District's major programs. The purpose of those procedures
will be to express an opinion on East Valley Water District's compliance with requirements
applicable to major programs in our report on compliance issued pursuant to OMB Circular A-
133.
Audit Administration. Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other
confirmations we request and will locate any invoices selected by us for testing.
Board of Directors
East Valley Water District
May 16, 2003
Page 5
At the conclusion of the engagement, we will complete the appropriate sections of and sign the
Data Collection Form that summarizes our audit findings. We will provide copies of our reports
to the district; however, it is management's responsibility to submit the reporting package
(including financial statements, schedule of expenditures of federal awards, summary schedule
of prior audit findings, auditors' reports, and a corrective action plan, if any) along with the Data
Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through
entities. The Data Collection Form and the reporting package must be submitted within the
earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit
period, unless a longer period is agreed to in advance by the cognizant or oversight agency for
audits. At the conclusion of the engagement, we will provide information to management as to
where the reporting packages should be submitted and the number to submit.
The workpapers for this engagement are the property of Rogers, Anderson, Malody & Scott,
LLP and constitute confidential information. However, we may be requested to make certain
workpapers available to the EPA or its designee, or the U.S. General Accounting Office
pursuant to authority given to it by law or regulation. If requested, access to such workpapers
will be provided under the supervision of Rogers, Anderson, Malody & Scott, LLP personnel.
Furthermore, upon request, we may provide photocopies of selected workpapers to the EPA or
its designee, or the U.S. General Accounting Office. The EPA or its designee, or the U.S.
General Accounting Office may intend, or decide, to distribute the photocopies or information
contained therein to others, including other governmental agencies.
The workpapers for this engagement will be retained for a minimum of three years after the date
the auditors' report is issued or for any additional period requested by the EPA or its designee,
or the U.S. General Accounting Office. If we are aware that a federal awarding agency, pass-
through entity, or auditee is contesting an audit finding, we will contact the parties contesting the
audit finding for guidance prior to destroying the workpapers.
We expect to begin our audit on approximately July 28, 2003 and to issue our reports no later
than the first Board of Directors' meeting in October. Our fee for these services will be at our
standard hourly rates plus out-of-pocket costs (such as report reproduction, typing, postage,
travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, for
the fiscal year ended June 30, 2003, will not exceed $24,500 for the financial audit and
preparation of the state controller's report and $8,000 to perform additional procedures required
by Governmental Auditing Standards and OMB Circular A-133. For the years ended June 30,
2004 and June 3D, 2005, assuming that there are no significant accounting or reporting
requirement changes, we agree that the maximum fees will be increased by 3% per year over
the June 30, 2003 amounts. Our standard hourly rates vary according to the degree of
responsibility involved and the experience level of the personnel assigned to your audit. Our
invoices for these fees will be rendered each month as work progresses and are payable on
presentation. The above fee is based on anticipated cooperation from your personnel and the
assumption that unexpected circumstances will not be encountered during the audit. If
significant additional time is necessary, we will discuss it with you and arrive at a new fee
estimate before we incur the additional costs.
Board of Directors
East Valley Water District
May 16, 2003
Page 6
Government Auditing Standards require that we provide you with a copy of our most recent
quality control review report. Our 1999 peer review report accompanies this letter.
We appreciate the opportunity to be of service to East Valley Water District and believe this
letter accurately summarizes the significant terms of our engagement. If you have any
questions, please let us know. If you agree with the terms of our engagement as described in
this letter, please sign the enclosed copy and return it to us.
Very truly yours,
ROGERS, ANDERSON, MALODY & SCOTT, LLP
/(( J.J:- ÝY( ~ -
r-
RESPONSE:
This letter correctly sets forth the understanding of East Valley Water District.
By:
)':L~ j J) ø L.~
Title: Board President
Date: May 27, 2003
East Valley Water District
LEED Cost Analysis
Report prepared for:
East Valley Water District
P.O. Box 3427
San Bernardino, CA 92413
Report prepared by:
'.
CT.G
"..,-
cm Energetics. Inc.
16 Technology Drive, Suite 109
Irvine, CA 92618
(949) 790-0010; (949) 790-0020 fax
www.ctg-net.com
Revised May 20, 2004
CTG IN: 60548
SUMMARY
CTG was tasked with evaluating the cost of pursuing LEED certification for the East Valley
Water District headquarters project. The first step was to obtain and review schematic design
documents from the architect, GMID, to assess the project status in terms of green building
features and strategies. Next, CTG staff met with the architect, mechanical engineer, and
electrical engineer to review specific design strategies that would enable the project to achieve the
various levels ofLEED certification, including Certified, Silver, Gold, and Platinum. Following
the meeting with the project team, CTG developed a detailed matrix showing the design features
and/or process changes that would be necessary to meet each level ofLEED certification. Capital
and operating costs for these measures were estimated using experience on recent LEED projects
and through discussions with the architect. Finally, a life cycle cost analysis was conducted to
determine the Internal Rate of Return (IRR) and Present Value (PV) of the investment required
for LEED certification. 1
The detailed results of this analysis, including all assumptions, are contained in the spreadsheets
and tables attached to this summary narrative. O&M costs are built-in to the operating cost
values shown in the tables. The analysis shows that the East Valley project is already performing
well above a typical spec office building in Southern California. While a spec office building
located on the East Valley project site would achieve only four of the twenty-six points required
to earn LEED certification, the current East Valley project design meets the requirements for
sixteen LEED points, and can achieve several additional LEED points with only minor
modifications to the project design.
LEED Certified Rating
A LEED Rating of Certified is possible for a total investment of between $46,000 and $73,000.
This cost is expressed as a range because the cost of certain items cannot be locked down until the
final construction cost estimate. The hard-dollar operating cost savings are between $9,000 and
$10,000 annually. The savings in this scenario are exclusively from energy efficiency measures.
As a result, this scenario offers an IRR between 16% and 30%, based on a 20-year life cycle cost
model. Approximately $10,000 of this capital investment could be offset by energy efficiency
incentives available through Southern California Edison's Savings by Design program, further
improving the economics.
1 The Internal Rate of Return (IRR), and the Present Value (PV) are metries for evaluating the return on investment that will be
achieved for a project. The IRR is defined as the return (or equivatent interest rate) that would be earned by investing the
money in a capital irnprovemenl project rather than in an outside investment. In most cases, ifthe IRR exceeds the interest rate
of the loan used to fund the project by at least two percent, the investment is considered to be worthwhile. As the IRR
increases, it reflects an increasingly valuable investment. The Present Value (PV) is defined as the worth of an investment in
today's dol1ars after taking inflation and annual cost savings into account. High values for PV indicate a high return on
investment.
CTG IN: 60548
Page I
The incremental capital costs for achieving 30 points and a LEED Certified rating are distributed
as follows:
I. Energy efficiency improvements: 45%
(occupancy sensors, daylight sensors with stepped dimming on lights, high efficiency
lamp ballasts, and HVAC equipment upgrades)
2. Indoor air quality improvements: 20%
(CO2 sensors to maintain fresh air, entryway mats to trap dirt, indoor air quality
management plan for construction)
3. Documentation requirements: 35%
(soft costs for design team and LEED consultant)
LEED Silver Rating
The economics for a LEED Silver rating are very similar to that of the Certified rating and do not
appear to offer a substantial benefit to the District over the Certified scenario. It is expected that
the LEED Silver level could be achieved for a capital investment of between $60,000 and
$105,000. Annual hard dollar cost savings are projected to be between $10,000 and $11,000 per
year. The added savings in this scenario result from water conservation efforts (waterless urinals
and dual flush toilets). The potential incentives from the Savings By Design program are
approximately $10,000, as in the LEED Certified scenario.
The incremental capital costs for achieving 36 points and a LEED Silver rating are distributed as
follows:
1.
Water efficiency improvements: 3%
(waterless urinals and dual flush toilets)
2. Energy efficiency improvements (including additional commissioning): 45%
(Certified-level items plus Additional Commissioning tasks)
3. Indoor air quality improvements: 22%
(Certified-level items plus humidity monitoring system)
4. Documentation requirements: 30%
(soft costs for design team and LEED consultant)
r-
LEED Gold Rating
The two scenarios developed for a LEED Gold rating carry a higher investment but also offer
more substantial hard-dollar savings. The first LEED Gold scenario is optimized for capital cost
and the second is optimized for operating cost.
The investment for the LEED Gold Option I is between $140,000 and $250,000. Annual
operating savings are projected to be approximately $17,000. The operating savings result from
additional energy efficiency measures in conjunction with power generation from on-site
photovoltaics. This scenario offers an IRR between 5-15%. Savings By Design program
incentives would increase to approximately $15,000.
CTG IN: 60548
Page 2
The incremental capital costs for achieving 42 points in LEEO Gold Option I are distributed as
follows:
1.
Water efficiency improvements: 2%
(waterless urinals and dual flush toilets)
2. Energy efficiency improvements: 35%
(Silver-level items plus lowest acceptable lighting power density, higher efficiency
water-cooled condenser units, high-efficiency boiler)
3. Renewable energy: 25%
(6 kW ofphotovoltaics on roof)
4. Indoor air quality improvements: 15%
(Silver-level items plus indoor air quality testing prior to occupancy)
5. Documentation requirements: 20%
(soft costs for design team and LEED consultant)
6. Other: 3%
(Allowance for an Innovation point TBD)
While LEED Gold Option 2 requires an investment of between $330,000 and $510,000, it also
offers annual hard-dollar savings of approximately $50,000 and an IRR between 10% and 16%.
Approximately 65% of the annual cost savings for this option are due to the decreased
maintenance costs associated with concrete versus asphalt paving. These decreased maintenance
costs include a longer replacement ftequency for concrete and no requirements for slurry coating.
The remaining savings are due to decreased energy costs by implementing energy efficiency
measures (27%) and decreased energy cost due to solar power collection (8%).
The incremental capital costs for achieving 42 points in LEED Gold Option 2 are distributed as
follows:
...--1. Parking lot pavement: 54%
(Light colored concrete pavement in place of black asphalt)
ItA Water efficiency improvements: 1%
Iij,V (same as Gold Option 1)
3. Energy efficiency improvements: 18%
(same as Gold Option 1)
4. Renewable energy: 12%
(same as Gold Option 1)
~ Indoor air quality improvements: 5%
(Silver-level items only)
. Documentation requirements: 10%
(soft costs for design team and LEED consultant)
CTG IN: 60548
Page 3
An evaluation of a LEED Platinum scenario is provided in the supporting documentation to this
report but was judged to be infeasible without significant modifications to the project schedule.
LEED Fundamental Building Commissioning
The LEED Rating System has seven prerequisites that must be fulfilled to complete certification.
Six ofthese prerequisites are achievable at no additional cost to the project with relatively simple
design measures and/or construction procedures. The prerequisite for Building Systems
Commissioning, however, carries with it a significant cost. This cost is broken out ftom other
costs associated with LEED because it is a procedural item with impacts well beyond
environmental performance and energy efficiency. LEED requires that the basic HV AC and
lighting systems be commissioned prior to, or at the time of, occupancy. The commissioning
must be performed by someone other than the designers of record for the project.
A typical scope of work for Commissioning includes creation of a Design Intent document,
Functional Testing for key bu:ilding systems, and Training for O&M staff. The cost associated
with this work varies significantly based on the complexity of the building systems. Based on the
HV AC and lighting systems planned for the East Valley project, the cost for Commissioning w:ill
likely be between $25,000 and $50,000. One reason this cost is reported separately is that it is
usually offset completely by savings realized ftom reduced change orders and claims during and
after construction. As a result, we often recommend the project consider incorporating this cost
into the contingency plan. CTG can provide numerous examples of recent projects that realized
savings ftom Commissioning in excess ofthe cost to perform Commissioning. Additionally, the
Commissioning process ensures that systems are functioning effectively from the day the building
is occupied, practically eliminating the time lost during the first few months of occupancy as a
result of contractor call-backs and fixes.
Overall, this analysis represents the most conservative approach to describing the cost of
achieving LEED certification for the East Valley Water District project. Only those parameters
that could be quantified with a high level of confidence are included in the life cycle cost model.
For example, anecdotal experience shows that some of the energy upgrades associated with the
LEED Certified and Silver scenarios are more reliable and less expensive to maintain than
conventional building HV AC systems. An example of these savings is the experience of less
frequent replacement of lamps in the interior light fixtures due to the benefits of the occupancy
sensors and stepped dimming ballasts. These are tangible benefits to the District should LEED
certification be pursued but quantification is only possible with an in depth study of District
operations.
In addition, there are major benefits to the owners and occupants of buildings that pursue credits
in the LEED Indoor Environmental Quality category. A study of dozens of green buildings
conducted in 2003 for the State of California study reports a 20-year net present value (NPV) of
- $36/square foot for LEED Certified/Silver buildings due to improvements in worker health and
productivity. These health and productivity improvements are tied to the use of materials with
little or no chemical off-gassing and use of natural daylight throughout work areas.
CTG IN: 60548
Page 4
Improvements in employee productivity and reductions in absenteeism generate real cost savings
for the business owner.
Overall, CTG has worked with numerous clients who report that the LEED documentation
package is an invaluable marketing tool beyond its use in applying to the US Green Building
Council for certification. In one case, a non-profit organization reported a significant increase in
fund-raising directly related to its achievement of a LEED certified building. It should also be
noted that some cities in California are giving priority to green projects for plan check, essentially
sending them to the head of the line. If time is of the essence, this may be a considerable cost
benefit.
CTG IN: 60548
Page 5
SUPPORTING DATA:
I. Lifecycle cost summary projections for various levels of LEED (Page 7): This page
summarizes the projected capital cost increment, and the operating costs (or cost savings) for
implementing measures that will gain each of four LEED ratings for the project. Present value
and internal rate ofretum (IRR) are also presented for each LEED level to indicate the expected
lifecycle cost impact. The fust two rows indicate the measures that would likely be included for a
typical spec office building, and a typical corporate office building, with the assumption that this
building is located on the same site as the East Valley Water District project.
2. LEED Scorecard (Page 8): This page summarizes the projected LEED points which will be
achieved at each level ofLEED (certified, silver, gold (option I), gold (option 2) and platinum.
APPENDIX:
I. Supporting documentation - Detailed cost breakdown (attached document): These pages
indicate the estimated cost for achieving each LEED point. Base case assumptions and proposed
case assumptions are indicated for each point. These costs include the total costs for documenting
each LEED credit.
CTG IN: 60548
Page 6
East Valley Water District NPV Analysis (60548)
May 20, 2004
LIFE CYCLE COST SUMMARY PROJECTIONS FOR VARIOUS LEVELS OF LEED:
Cost Incremental
Case: Increment Cost Increment Annual Operating Present Value IRR LEED
(Low (High Limit) Costs (Negative Points
Limit) indicates savings)
Comparison Spec Office
Building on East Valley Water $0 $0 $0 4
District Site
East Valley Water District 31.1%10
building based on current $10,600 $17,000 -$4,400 $49,528 to $54,928 47.8% 16
design assumptions
LEED Certified Rating $46,700 $73,200 -$9,336 $75,716 to $104,216 16.1%10 30
30.3%
LEED Silver Rating $62,700 $105,900 -$10,812 $58,411 to $104,011 10.9%10 36
22.5%
LEED Gold Rating (Option 1)- $139,800 $247,900 -$17,412 $18,202 to $128,702 5.8% 10 14.7% 42
optimized for capital cost
LEED Gold Rating (Option 2) - $334,800 $512,900 -$49,912 $229,828 10 9.6 to 16.6% 42
optimized for lifecycle cost $410,328
LEED Platinum Rating $580,100 $924,700 -$56,362 (-$87,380) to 3.9% to 9.6% 53
$259,620
CTG IN: 60548
Page 7
LEED Green Buildina Ratina System v2.1
Project Name: East ValleyÌlllater Dismct ~V Analysis (60548)
Version: Version 3 : Ma 4 2004
~ ~ ~ ~ ~ . '. .
CoriffIod 26103200'" SIIv..33Io38,.;n" Gold 391051 - Platinum 52onno<epolms
LEGEND, C. CerlJffed IS. SIIvw I G1 . Gold (op'" 1) I G2' Gold lop1Ion 2), G3' Gold (opdon 3) I p. Ptodnum
7 '-~ 7 i 8 "-0 "i1P"""'"'~'fI','- ",""",",,":M1i1_r. ; 51 ,T-.--r" -'7- Materials & Resources Possible Points 13
~~ "à,,- G1 .
Y - , E",'on . _Imonta"on Con"" 0 Y ""'" , S_"O . CoI_on of Rocycl_o 0
1 1 1 1 " ,"""., S""'octlon 1 Building Reu.., Molntaln 7"" of Exlotlng Sholl 1
""'" U"'n RodoYolopmon' 1 Building Rou.., Molntaln 100% of...otIn" Sholl 1
1 ""'., e_1d Rodoyolopmen' 1 Building Rou.., Molntaln 100% Sholl. """ Non"holl 1
1 "'"""',' AltemoIlveT..noportatlon,PuOll,1..noportatlonAcceo, " 1 1 1 Con","_n W..ta Mo........"" Divert.... 1
,- "'"""" AItomotl.. T....porta"on, BIcy," S'..... . Ch,ngln" Room, 1 " 1 1 Con".._n Wo,ta Mo........"" DIv...75% 1
1 ""'. ,,' AItomotlve T....portallon, Altemollve Fuol Rotuolln" Station, 1 Roo.."" Reu.., Spoelfy 5% 1
l' ""'.., AItomotl.. T....portalJon, Po"dn" C..",1ty 1 ROODU'" Reuoo, Spoclfy 10% 1
".."" Rodu,od Site DIo""'nco, P""",, M Rooto.. apon Spaco 1 1 1 1 1 "",,,,"od Con""" Specify 25% 1
"""'" Rodu,od Site DI,tu"'nco, ao,,'opmont Footprint 1 1 1 1 RKY"od Con""" Specify """ 1
"""'" Stonnw""'Mo.."omon~RatoendQnontlty 1 " 1 1 Loc,lIRoglonol Mo""".. 20" Mon""""L.ocaily 1
S""""'" Mo.."omon~ T<eotmont 1 1 1 1 1 LocollRoglo..' Mo"""" of 20"""', .... H.....1ed Loc' 1
Land...... """0< Do...n to Rodu," Hootl,'ond" Non-Roof 1 R..'dly Renowoblo M""'ol, 1
Land...... """0< ao...n to Roduco Hoot ','ond" Roof 1 C""'od Wood 1
L~ht Pollution Roductlon 1
~~'l:l:l.'-i"""""'.¡"""""'
1 1 1 1 t """'" W"",EfflcIontLand,,,pln",ReducoOy""
""" '-' W.... Elftclont Land"",'n", No potoO" Uoo °' No """ollon
1'. ""'" '"noYotIveWo"ow_T",hnoiogloo
s- """',' W-U.. Roductlon, 20" Roductlon
S' """',' W_U..Roductlon,""'Roductlon
Project Scorecard
- , Fundomen'" Building Syo....o Commloolonln"
-' Minimum En..y Po"'"""nco
-' CFCRoducllonlnHVAC&REqulpmo"
0pIIm1a En..y """""nco, 2."" Now I 0" Exlo"n" - 1M
0ptIm1a En..y Po"'"""nco, 7."" Now "" Exl"'ng - 1M
0ptIm1a En"tIY Po"""'nee, 12.5% Now 18.2"" "'otl"" - 12'
0ptIm1a En"tIY Po"'"""nee, 11.5% Now 18.7"" Ex""n" - 12.
0ptIm1a En"tIY Po""""""o, 22."" Now 112."" Ex""n" - 12.
0ptIm1a En"tIY Po"o""""'o, 27.5% Now 117."" Exlotln" - 12.
0ptIm1a En"tIY Po""""""o, 32.5% Now 122."" "'otln" - 12.
0ptIm1a En"tIY P_"""nee, 37.5% Now 127."" Ex""n" - 12.
0ptIm1a En"tIY Po"'"""n,", 45.5% Now /3"'" Ex""n" - 12'
0ptIm1a En"tIY _"""nee, '7.5% Now 137."" Exlatln" - 12.
.........bIe Enorgy, ""
.........bIe E....y, 10%
.........bIe E....y, 20%
Addlllonol Commloolonln"
010.. Dop_n
M..,u"""" Vo"",,"on
G_-
--9 '10 ¡ 11 ' 10 ì "Indoor Environmental Quality Possibie Points 15
y """" MlnlmumIAQ"""""",o 0
Y """" EnYI..nmon"'10boccoSm"0(ETS)Contn>1 0
1 1 1 1 1 "'""'" Co""'nDloxldo(Ca2)Monltorln" 1
loe..... Von"'otlon E_Iv...... 1
Co..,,"_n IAQ Mon......" Pion, Du"ng Con".._n 1
Co..,,"_n IAQ Mo........" Pion, """Occupa",y 1
Low-Emitting M""'olo, Adh............... 1
Low-Eml".g M,"""" Pain" 1
Low-Emllling Mo"'ol.. Co"" 1
Low-Em"'ng Mo""ol.. eompoalte Wood 1
Indoor Choml,,1 & Pollulant Sou... Co","" 1
Co",",IIaOlllfyolSya"",,_"""" 1
Co",",II,Ollltyof""",..Non-- 1
Thannal Comfort, Comply - ASHRAE ...,... 1
Thonnol Comto"- Ponno...nt Monltorl." S_m 1
Doyllgh" VIawa, Dayl~ht 75% of""" 1
Daylight. Vlowo, Vlowo .... .." of ...... 1
,-. T5'0'- 'g, -;,. Energy & Atmosphere . Possibie Points 17
eSG'G'.
¡-i--.,m.r¡-,¡- Innovation & Design Process Possible Points 5
eSG'G'.
1 Innovollon In De",n 1 - EDUCATION
1 Innovollon 'n De",n 2 - EHlER SPECIFIC TITLE
1 Innovollon 'n De,'"n 3 - ENTER SPECIFIC TITLE
1 In.ovollon In DeaI"n' - ENTER SPECIFIC TITLE
1 LEEDN Ace...... .......10",1
Page 8
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II\VI '1111 "'Mev""""
May 10, 2004
Mary Wallace
East Valley Water Dlstñct
1155 Del Rosa Ave.
San Bernardino, CA 92410
VIA FACSIMILE
RE:
Wireless Telecommunications Facility - Plant No. 39
Dear Mery:
As we discussed over the phone. I represent Nextel Communications in the site
development of telecommunication facilities. Nextel is a nationwide wireless
communications carrier licensed by the FCC to provide mobile telephone, two-way radio,
paging end data services for the public and private sectors of the community. Nextel is
working to improve its system by adding select communication sites throughout southern
California.
We are looking for a location in a specific area of San Bernardino to place an unmanned
telecommunications facility and are Interested In leasing a small portion of your property
located at Date Street I Plant No. 39. In general, our requirements are as follows:
(1) Nextel will need approximately twelve hundred (1200) square feet of ground
space, in which to locate a 12' x 20' prefabricated equipment shelter and
freestanding antenna support structure. The antenna support structure
would likely be disguised as a palm tree or pine tree to meet the City's zoning
requirements. Actual space requirements would be determined after a field
site visit.
(2) Nextel will be responsible for all expenses including the utilllles, construction.
permitting, operation and maintenance costs associated with the facility.
(3) Nextel would like an initial lease term of five years with five options to renew,
each option being for a period of five years, for a potential term of thirty years
total.
(4) Nextel is willing to pay. as rent for the Inlllal five-year term, a sum of not less
than Forty Eight Thousand Dollars ($48,000), payable in monthly installments
of Eight Hundred Dollars ($800) each.
(5) The facility is to be unmanned and requires service visits of only a few hours
a month. However, Nextel will require twenty-four hour access, seven days a
weel<, in order to service the facility in case of an emergency.
(6) If any property ta)(es are Increased as a result of our facility, we will be
responsible for paying any such increases.
Nutel CommunIcations, Ine.
310 Commerce Irvine, CA 92602'1300 Phon. 714.368.3S00 F.. 714.J68.JS01
Nl:AI ~ r
IMl.lv,lVV' J,II,-IVI
'^'JI ["" IVI",,""LI"'I'I
(7) Nextel will be responsible for obtaining all required govemmental permits and
approval necessary for constructing, operating and maintaining the facility,
(8) During our term of occupancy. Nextel snail procure and maintain, at its
e~pense. bodily injury and property damage insurance with a combined
single limit coverage of at least One Million Dollars ($1.000,000) per
occurrence. As landlord, you will be named as additionally insured on our
policy.
(9) Nextel will comply with all FCC regulations and requirements and will not
operate Its facilities In a manner that will cause Interference to the Lessor or
other lessees or licensees of the property, including Sprint PCS.
Thank you for taking the time to consider this proposal. If you are interested, I would like
to set up a time when we can meet and find an appropriate location for our facility,
Please contact me at your earliest convenience to discuss this inquiry further. I look
forward to hearing from you.
JiJv
Christopher Glass
Project Manager
(7'4) 3S8-3g33 0111..
(714) 60104823 Mobile
(714) 368-354~ Fax
Chrls.GI..sC1Ðnextel.oom
Nextel Communications, Inc.
310 Commerce Irvine. CA 92602-1300 Phone 714.368.3500 rax 714.368.3501
NEXrEl. r
,. INLAND
- '\: COUNTIES
. 'r '. J;>" WATER
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Golf Tournament
Friday, July 9th, 2004
Dear Sponsor:
The Inland Counties Water Association, presents its' second annual GoIfToumament benefiting those
in need. This annual event will be held at the well-groomed E1 Rancho Verde CountIy Club in Rialto, It
promises to be a fun-filled day for those looking to be challenged, as well as those looking to "just have
fun",
Your generous donations in 2003 helped raise $2000 for the Loma Linda Ronald McDonald House,
This was greatlv appreciated and it's our goal to raise more than $3000 in 2004!
When a child is ill the pain is felt by the entire family. Along with the horsh realities of
coping with the illness or injury, is an overwhelming combination of fear and confusion.
Often, the needed treatment is far away, creating both financial and emotional strain upon
the family,
The Loma Linda Ronald McDonald House, one of more than 230 worldwide, is a unique and
thoughtful solution for families facing this situation, We are able to provide lodging for 22
families each night, Providing each with a private bedroom and bath, plus shared kitchen,
dining and living room, laundry, game and play areas. The House provides an oasis for
families to renew their spirit, rest and unwind. This home-away-from-home is within easy
walking distance of Loma Linda University Children's Hospital and other nearby medical
facilities.
The House is a symbol of hope, courage, comfort, survival, generosity and above all love,
Through your kindness and generosity, the Loma Linda Ronald McDonald House can turn hope
into reality.
Please direct your charitable contributions to Jon Trotter (Toumament Chairman!
@ 909-364-2821 or Ron Reed (Co-Chairman) @ 909-982-7699.
Sincerely
Jon Trotter, Chairman
Ron Reed, Co-Chairman
DEPARTMENT OF WATER RESOURCES
- 1416 NINTH STREEr, P,O. BOX 942B36
SACRAMENTO. CA 94236.QOOI
(916) 653-5791
MAY 0 5 ZOO\
'.
STATE OF CALIFORNIA- THE RESOURCES AGENCY
Mr. Robert E. Martin
General Manager
East Valley Water District
Post Office Box 3427
San Bernardino, California 92413-3427
Dear Mr. Martin:
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Safe Drinking Water State Revolving Fund Contract #SRFOOC412 - East Valley Water
District (Arroyo Verde MWC). Project #3610064-01
Enclosed are five copies of Safe Drinking Water State Revolving Fund Contract
#SRFOOC412. This contract provides for a $676,209 grant and a $169,052, 25-year
loan at a zero percent interest rate. Your estimated loan principal is $169,052. The
actual loan principal will be the sum of total loan disbursements. Based on these
factors, your semiannual principal payments will be approximately $3,381. Semiannual
principal payments will begin after project completion. It is our understanding that the
total project is estimated to cost $932,452 and that the East Valley Water District will
fund the differènce of $87,191,
Article B-4 of your contract requires the accumulation of a loan repayment
reserve fund equal to two semiannual payments, based upon your estimated loan
principal and interest'rate. This amount is approximately $338 semiannually during the
first ten years of the loan repayment period,
Reimbursement for eligible costs is expressly contingent upon the execution of a
contract with the Department of Water Resources, and your District's ability to meet all
requirements for disbursement of funds pursuant to that contract. Please sign all five
copies of the enclosed contract and return to:
Department of Water Resources
Safe Drinking Water Office
Attention: Jean Green
1416 Ninth Street, Room 804
Sacramento, California 95814
You have 60 days from the receipt of the contract to sian and return it to
DWR or the proposed contract may be withdrawn. Additionally. YOU are required
to meet DWR Reauirements 1(1) throuah 1(3) within this GO-day period. or provide
DWR a written proposal with timelines to comply with these requirements. One
fully executed copy of the contract will be returned to you.
Mr. Robert E. Martin
. MAY (j 5 200\
'Page 2
Subsequent to contract execution you may request a one-time increase in
funding. Such request must be based upon competitive bids and shall be submitted
to the San Bernardino District Office of the Department of Health Services within
sixty (60) days of the award of the final construction contract Approval of your request
may be granted or denied at the sole discretion of the State, subject to funding
availability and your financial qualifications.
I.
Prior to final execution of the contract by DWR, the following items must be
provided:
DWR Requirements
1. The services of a Fiscal Agent must be secured to assist in administering
repayment of the loan. Complete and return to DWR a Fiscal Services
Agreement (DWR form 4280), in triplicate with original signatures on all
copies, enclosed.
2. Sign .and return a Certificátion Regarding Lobbying form, enclosed.
All items under I must be provided before final execution of the contract by
DWR.
II.
Prior to disbursement of funds, the following items must be provided:
DWR Requirements
1. Evidence that a separate checking account or a separate ledger has been
established to account for funds received from the State.
Please indicate the name and address of the financial institution, exact name
of account holder, and the account name and number. If this checking
account is not used solely to account for funds received from the State. you
must establish a ledger within your accounting system in accordance with
generally accepted accounting principles. The ledger must identify the project
number and SRF contract number. You must provide documentation
showing that the ledger has been established. (Please note all accounts are
subject to audit at any time.)
2. Detailed account information where funds collected to repay the loan are held
before being transferred to your Fiscal Agent
Mr. Robert E. Martin
Jo1AY.O~ 200~
Page,)
Please indicate the name and address of the financial institution, exact name
of account holder, and the account name and number. You must establish a
ledger within your accounting system in accordance with generally accepted
accounting principles to account for the receipt of funds collected to repay the
loan. The ledger must identify the project number and SRF contract number.
You must provide documentation showing that the ledger has been
established. (Please note all accounts are subjectto audit at any time.)
3. The East Valley Water District shall expend its share of project costs before
the State will make any disbursements on this loan unless otherwise agreed
to. Further, all loan funds will be disbursed before arant funds.
4. The East Valley Water District must provide evidence to the Department of
Water Resources that it has recorded all assessment documents with the
County of San Bernardino Recorder's Office in order to have legally formed
the Arroyo Verde Assessment District.
5. Complete and return to DWR a Security Agreement (Deposit Account) (DWR
form 4279) enclosed, on the two account in items 1 and 2 above.
6. A Financing Statement (form UCC-1) will be completed and filed with the
Secretary of State of California by DWR. A copy of the form is enclosed.
This document is filed to provide security in items of personal property
including the accounts as referenced in items 1 and 2 above.
All items under II must be provided before any disbursement of funds will
be made.
III.
General Requirements
DHS Reauirements
1. As grant funding is to be provided, you must use a competitive bid process for
the construction of the project. Bids must be submitted to the San Bernardino
District Office of the Department of Health Services for review and approval
prior to the awardin9 of the prime construction contract.
2. The East Valley Water District is required to implement the mitigation
measures prepared for the project in compliance with the California
Environmental Quality Act and the State and Agency CEQA Guidelines.
Mr. Robert E. Martin
MAY 0 5 2004
Page 4
3. The East Valley Water District shall not make any changes in the project, or
issue any change orders to a contractor which would affect the treatment
process, increase the capacity of any project component, cause a significant
change in the location of any project component, or would affect the timely
completion of the Project, without receiving prior written approval from the
San Bernardino District Office of DHS.
4. The East Valley Water District shall not expend any funds from the
construction contingency reserve without prior approval from the San
Bernardino District Office of DHS.
5. The East Valley Water District may request a one-time increase in the total
funding provided in this Contract. Such request shall be based upon the final
accepted construction bids and shall be submitted to the San Bernardino
District Office of DHS within sixty (60) days of the award of the final
construction contract.
6. The East Valley Water District shall complete the cõnsolidation with the
Arroyo Verde Mutual Water Company water system within 60 days after the
project is completed.
Failure to comply with any of the terms and conditions or requirements above or
in the contract, may result in a withdrawal of the State's funding offer or contract. If, for
any unforeseen reason, you are unable to comply with any of the requirements, you
should contact your District Office of DHS as soon as possible.
Enclosed are copies of claim forms 4277, 4277a, and 4277c, together with a
sample packet. You may also download these forms from the website
http://wwwdms2.water.ca.qov/MAO publicforms/index.cfm. When funds are requested,
the original and three copies of the forms and attachments are to be sent to DWR at the
aforementioned address. In addition, one copy of the forms and attachments is to be
sent to DHS at:
Richard Haberman, Regional Engineer
San Bernardino District
Division of Drinking Water and
Environmental Management
Department of Health Services
464 West 4th Street, #437
San Bernardino, California 92401
Mr. Robert E. Martin
MAY 0 5 2004
Page 5
The State commends the East Valley Water District (Arroyo Verde Mutual Water
Company) for taking steps to correct the deficiencies that will be remedied by this
project in order to provide safe drinking water to your consumers. If you have any
questions, please contact Jean Green, DWR Associate Analyst, at (916) 653-9277.
Sincerely,
~~-~
Perla Netto-Brown, Chief
Division of Fiscal Services
Enclosures
cc:
(See attached list.)
Mr. Robert E. Martin
MAY a ~ ZOO~
Page 6
Ms. laurel Gunn, Secretaryrrreasurer
Arroyo Verde Mutual Water Company
2695 Atchison Street
San Bernardino, California 92410
¡ Ms. Alberta M. Hess, Chief Financial Officer
East Valley Water District
Post Office Box 3427
San ~ernardino, California 92413-3427
Richard Haberman, Regional Engineer
San Bernardino District
Division of Drinking Water and
Environmental Management
Department of Health Services
464 West 4th Street, #437
San Bernardino, California 92401
Mr. Robin Hook, SDWSRF Program Manager
Division of Drinking Water and
Environmental Management
Department of Health Services
Post Office Box 997413
Sacramento, California 95899-7413
Ms. Sylvia Ortega; Chief
Safe Drinking Water Office, Room 804
Department of Water Resources
Post Office Box 942836
Sacramento, California 94236-0001
Ms. lorri Silva
State Revolving Fund Program
Division of Drinking Water and
Environmental Management
Department of Health Services
Mr. Christopher Stewart
Environmental Unit
Division of Drinking Water and
Environmental Management
Department of Health Services
'.
State of California
DEPARTMENT OF WATER RESOURCES
The Resources Agency
SECURITY AGREEMENT
(DEPOSIT ACCOUNT)
1. East Valley Water District , DEBTOR, hereby grant to the State of California,
Department of Water Resources, Secured Party, a security interest in the deposit account(s) described
below to secure performance of the obligations set forth in Loan Contract SRFOOC412
executed on between Debtor and Secured Party.
2. The deposit account(s) which is(are) the subject of this agreement is(are) described below:
A. Bank
Street Address
Mailing Address
B. Bank
Street Address
Account No.
Phone
Account No.
Phone
Mailing Address
Use a separate sheet if more than two accounts. Attachment 0 Yes 0 No
3. If the deposit account has not been opened on the date this agreement is executed, Depositor will
supply account number to Secured Party promptly following the opening of the account.
4. Debtor agrees that, except for principal and interest payments pursuant to the Loan Contract and as
indicated the space below, Debtor will not withdraw any funds from the account(s) specified above until
the indebtedness to Secured Party is completely discharged.
5. Debtor will notify Secured Party in writing immediately if any third party obtains or attempts to obtain a
lien or other interest in the deposit account by attachment, execution or other form of legal process.
6. Secured Party, claims a security interest in the deposit account and does not waive any prior security
Interest in this or any other deposit account described above.
Date
State of California
Department of Water Resources
SECURED PARTY
Debtor
By
Chief
By
Mailing Address
Safe Drinking Water Office
Division of Fiscal Services
Post Office Box 942836
Sacramento, California 94236-0001
(916) 653-9722
Title
Phone No.
DWR 4279 (Rev 4/02)
- '3tate oCCalifornia
DEPARTMENT OF WATER RESOURCES
SDW State Revolving Fund
The Resources Agency
INSTRUCTIONS
FOR FORM DWR 4280,
"FISCAL SERVICES AGREEMENT"
1. The Fiscal Services Agreement (Form DWR 4280) is a contract between the parties.
The Depositor must provide evidence that the person signing on behalf of the
Depositor is duly authorized to sign this Agreement by action of the governing board
or other appropriate authority. Generally, the authorized person is the presiding
officer of the governing board.
2. Depositor and Fiscal Agent must complete, sign and return three originals of the
Fiscal Services Agreement to the Department of Water Resources, Safe Drinking
Water Office, Post Office Box 942836, Room 804, Sacramento, California 94236-
0001. DWR will return a fully signed Agreement to the Depositor and the Fiscal
Agent.
3. Send a copy of the signature card for the account with the Fiscal Services
Agreement to DWR. Signature authority for withdrawal of funds must remain with
the Fiscal Agent, not the Depositor. Following is an example of the account title and
instructions for an acceptable signature card:
TITLE:
YOUR BANK Acting as Trustee for XYZ Water District under
DWR Contract
INSTRUCTIONS:
No withdrawals allowed on this account without prior written
approval from the Department of Water Resources (see Fiscal
Services Agreement on file).
DWR 4280. (New 2/99)
Statebl C"",mia
DEPARTMENT OF WATER RESOURCES
SOW State Revol,ing Fund
Tne Reso""e, Agency
FISCAL SERVICES AGREEMENT
1. This Agreement is entered into this date between the EAST VALLEY WATER DISTRICT
hereafter referred to as Depositor, and , hereafter
~-~ referred to as Fiscal Agent. The purpose of this Agreement is to assist Depositor in meeting the
repayment provision of the Safe Drinking Water State Revolving Fund Loan Contract number
SRFOOC412 between
Depositor and the State of Caiifornia, Department of Water Resources, hereafter referred to as
Department. Said Loan Contract requires the Depositor to engage the services of a Fiscal Agent to
assist in accumulating fUlids sufficient to repay principal and interest to the Department.
IMPORTANT NOTICE TO FISCAL AGENT
This constitutes written notice pursuant to Commercial Code Section 9302(1 )(g)(ii) that
the Department has a security interest in the deposit account which is the subject of this
Agreement. Depositor has granted the security interest to the Department to secure
performance of the obligations imposed by the Loan Contract between Depositor and
the Department.
2. FISCAL AGENT aorees to act as Trustee for loan reoayment funds deoosited and oerform services and
is authorized bv Deoositor to act as fallows:
A. Upon opening the account, promptly send a copy of the signalure card to the Department and
thereafter send a year-end statement of the account balance until the loan is repaid in full to:
Department of Water Resources
Safe Drinking Water Office, RODm 804
Post Office Box 942836
Sacramento, California 94236-0001
This signature card is to show Fiscal Agent authorization 2!]]y for withdrawal.
B. Receive (specify monthly, quarterly, etc.) remittances from Depositor as
specified in paragraph 3B. beiow into an account established for purposes of this Agreement only.
C. Assisl and advise Depositor to take into consideration rates of return on funds deposited into the
account in determining reserve deposits required by the Loan Contract and paragraph 3A. below.
D. Debit this account and transmit loan principal and/or interest payments to the Department in
accordance with the Terms of the Loan Contract summarized below (provided sufficient funds are III
the account):
Principal (estimate)
Interest Rate
Loan Repayment Term
First Semi-annual P&I Due Date
Interest Payments During Construction
Semi-annual P&I Payments (estimate)
Reserve Fund (estimate)
$ 169 052
-0-
25 vears
Julv 1 2005
$3,381
$6762
Variable
These terms and conditions may be subject to amendment as provided in the Loan Contract.
E. Promptly notify the Department of any 30-day delinquency of remittances from Depositor. Notice
shall be directed to the address stated aboye in number 2.
F. Promptly notify the Department if Reserve Fund provided for in paragraph 3A. falls below or is not
accumulating sufficiently to meet the required minimum at the time indicated.
G. Release no funds from Depositor's account except as provided in subparagraph 2D. above without
written consent of the Department. Signature authority lor withdrawal of funds shall remain wIth the
Fiscal Agent, not the Depositor.
H. Upon request of the Department or Depositor, provide the Department with a full statement of
Depositor's account and a copy of the signature card.
3. DEPOSITOR aorees to oerform as follows:
A. RESERVE FUND
1. Accumulate a Reserve Fund of two semiannuai payments in the amount
specified above in subparagraph 20. to meet the conditions of Article B-4 oi
the Loan Contract. Said Article requires accumulation of a Reserve Fund of two
semi-annual loan payments during the first ten years of the repayment period. At least half of
the required Reserve Fund must be on deposit by the time the ftrst 10 semi-annual payments
are made. Once accumulated, the Raserve Fund must be maintained at that level until the loan
is repaid in full. During the last year of the contract, all Reserve Funds must be applied to the
loan payment.
OWR 42S0 tR". 4100) Page One
2. Deposit an average of $ per
(frequency) beginning (date) into an account established with
the Fiscal Agent for purposes of this Agreement, in amounts necessary to meet the Reserve
Fund requirement.
Depositor may maintain the Reserve Fund in a separate, higher yield account(s) subject to the
same withdrawal conditions as other funds on deposit under this Agreement.
3. The Reserve Fund may be established in lump sum at the Depositor's option. If electing this
option, Depositor will make a deposit of $ - with the Fiscal Agent by
(date). Terms of such deposit account are as
follow:
S, PRINCIPAL AND INTEREST
1, Deposit an average of $ 3 382 per
(frequency) beginning Mav 1 2005 (date) in order to meet the semi-annual
principal andlor interest payments due to the Department under the Loan Contract. This amount
may be adjusted to reflect changes in terms of the Loan Contract agreed to by the parties
thereto.
2. Compensate Fiscal Agent for services as follows:
3. Promptly furnish Fiscal Agent with caples of any amendments to the Loan Contract, especially
any changes In repayment terms, principal amount, or interest rate.
4. This Agreement shall terminate when the loan and interest are repaid to the Department in full or upon
gO days written notice of termination by either party transmitted to the other party. Fiscal Agent and
Depositor shall notify the Department immediately upon receipt of Issuance of gO-day noilee 01
termination. At the time of termination any remaining balance not owed to the Department pursuanllo.
the Loan Contract, less any accrued service charges, shall be returned to the Depositor.
5, This Agreement shall not be amended without written approval of the Department.
~ 6, The special Account(s) established for purposes of this Agreement islare identified as follows:
7. In performing its services hereunder, the Fiscal Agent shall incur no liability to the Department for 'O,0
funds deposited hereunder or the amount of any payment to be made by Depositor to the Department
provided the actions of the Fiscal Agent are taken in good faith,
East Vallev Water District IArrovo Verde MWC)
Depositor
Fiscal Agent
Post Office Box 3427
Mailing Address
San Bernardino California 92413-3427
City State
Mailing Address
Zip Code
State
Zip Code
Phone No.1 909 ) 885-4900
City
Phone No.1
By
Signature
By
Signature
Print Name
Print Name
Title
Title
Approved:
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
Signature
Title
Chief
Safe Drinkina Water Office
Date
OWR 4280 IR" 4/00) P,go Two
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants,
Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief,
that:
(1) No Federal appropriated funds have been paid or will be paid, by or Oil
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any
Federal ~rant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influenclllg or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
incfuded in the award documents for all subawards at all tiers (includinf¡
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance
was placed whe!1 this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, u.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
I YI'!:,U NAM!:' & ¡IlL!:, Ut AU I HUKlL!:,U IU:.PIU:.S!:,N IAIIV!:,
~[(jNAl UKl:. UI- AU [HUKl¿l::,lJ Kl:.l:'Kl:.~J:,N [All v J:,
lJAIJ:,
CERTIFICATION REGARDING LOBBYING
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352
(See reverse for public burden disclosure) .
1.
Type of Federal Action:
0 a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
Name and Address of Reporting Entity:
2.
Status of Federal Action:
0 a. bid/offer/application
b. initial award
c. post.award
3.
Report Type:
0 a. initial filing
b. material change
For Material Change Only:
4.
Year - quarter-
date of iast report
5. If Reporting Entity in No.4 is Subawardee. Enter Name
and Address of Prime:
0 Prime
0 Subawardee
Tier
. if known:
6.
Congressional District, If known:
Federal DepartmenVAgency:
7,
Congressional District. If known:
Federal Program Name/Description:
B.
Federal Action Number, if known:
CDFA Number, if applicable:
9. Award Amount, if known:
10. a.
Name and Address of Lobbying Entity
(If individual, last name. first name, MI):
b.
Name and Address of Lobbying Entity
(If individual, last name. first name. MI):
(attach Continuation Sheets(s) SF-LLL-A. If necessary)
11. Amount of Payment (check all that apply): 13. Type of Payment (check all that a"ply):
$ 0 actual 0 lanned 0 a. retainer
12. Form of Payment (check all that apply): 0 b. one-time fee
0 c. commission
0 d. contingent fee
0 e. deferred
0 f. other, specify:
0 a. cash
0 b. in-kind, specify: Nalure
Value
14. Brief Description of Services Performed or to be Performed and Dates(s) of Service, including Dfficer(s).
or Member(s) Contracted for Payment indicated in item 11:
Employeeis),
(Attach Continuation Sheet(s) SF-LLL-A. If necessary)
15. Continuation Sheet(s) SF-LLL-A Attached: 0 Yes 0 No
16. Information requested through this form is authorized by Titie 31.
U.S.C., Section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was
placed by the tier above when this Iransaction was made or
entered into, This disclosure is required pursuant to Title 31.
U.S. C., Section 1352, This information will be reported to the
Congress semiannually and will be available for public
inspection. AIty person who fails to file the required disclosure
shall be subject to a civil penalty of not less than $19,000 and
not more than 5100.000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.:
Date:
s
. Authorized for Locai Reproduction
. Standard Form-LLL
INSTRucrlONS FOR COMPLETION OF SF.LLL. DISCLOSURE OF LOBBYING ACTIVlrlES
This disclosure form shall be completed by the reporting entity, whelher subawardee or prime federal recipients at the Initiation or receipt of a covered
federal action, or a material change to a previous filing, pursuant to TItle 31, U.S. C., Secüon 13S2. The filing of a form is required for each payment or
agreement to make payment to any lobbying entity for influencing or attempting to 'nfluence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered federal action. Use the SF - LLL-
A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the 'initiai filing and malerial
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1.
Identify the type of covered federal action for which lobbying activity is and/or has been secured to infiuence the outcome of a covered federal
aclion.
2.
Identify the status of the covered federal action.
Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previousiy reported.
enler the year and quarter in which the change occurred. Enter the date of the last previously submitied report by this reporting entity for this
covered lederalaction.
3.
4.
Enter the full name, address, cily, state, and ZIP code of the reporting entily. Include Congressional District, if known. Check the appropriate
classmcation 01 the reporting entily that designales if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g..
the first subawardee of the prime is the 1" tier. Subawards include but are not limited 10 subcontracts, subgrants, and conlract awards under
grants. .
5.
If the organization filing the report in Item 4 checks "Subawardee: then enter the full name, address, city, state, and ZIP code of the prime federal
recipient. Include Congressional District, il known.
Enter the name òf the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if
known. For example, Department 01 Transportation United States Coast Guard.
6.
7.
Enter the lederal program name or description for the covered lederal action Illem 1). If known, enter the full Catalog of Federal Domestic
Assistance ICOF AI number for grants, cooperative agreements, loans, and loan commitments.
Enter the most appropriate lederal identifying number available lor the lederal action idenlified in Item 1 le.g., Request for Proposal (RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract grant, or loan avmd number; the application/proposal control number
assigned by the lederalagency). include prefixes, e.g., "RFP-DE-90401.-
8.
g.
For a covered lederal action where there has been an award or loan commitment by the federal agency, enter the lederal amount of the awardltoan
commilment lor the prime enlily identified in lIem 4 or 5.
10. la) Enter the full name, address, city, state, and ZIP code of the lobbying entity engaged by the reporting entity identified in Item 4 to infiuence
the covered federal action.
10. (b) Enter the full names 01 the Individual(s) performing services and include full address if different from 10.(a). Enter last name, first name, and
middle initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate
whether the payment has been made (actual) or will be made (planned). Check all boxes Ihat apply. If this is a material change report, enler the
cumuiative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all bcxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the
in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s} of an)
services rendered. Include all preparatory and related activity, not just time spent in actual contact wilh federal officials, idenlify the federa
official(s) or employee(s) contacled or the officer(s), employeels), or Member(s) of Congress lhat were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s} is attached.
16. The certifying official shall sign and date the form, print hislher name, tille, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,
inctuding time for reviewing instruction, searching existing data sources, gathering and maintaining the data
needed, and completing and renewing the collection of information. Send comments regarding the burden
estimale or any other aspect of this collection of information, including suggestions for redudng this burden to the
Office of Management and Budget, Paperwork Reduction Project, (0348-0048), Washington, DC 20503.
_.~-.....,...,-f>q<'"q
-"-""""
CONTRACTOR'S RELEASE
InstrUctions to Contractor:
~- - 'Subrnn thIs for each ~c:ontract valued at $1.000 or more: WIth final invoice(s) submn one (1) original and two (2) copies. The
original must bear the original signature of a person authorized to bind the Contractor. The additional copies may bear
photocopied signatures.
"
Submission of Final Invoice
Pursuant to contract number entered into bètWeen the Slate of CaJ~omia Dapartment of Health Se:vices
and the Contractor (identi1ied below), !he Contraetor does hereby aCl<nQWtedge that final payment has bean requested via invoice
numbelie) in the emount(s¡ of $ and dated .
If necessary, enter .See AttaCl1ed" in the appropriate bloCKS and attach a lis! of invoice numbers. dollar amounts and invoice dates.
Release of all Obligations
By signing thIs form. Comractor does hereby release and discharge the Slate. it:¡ officers. agents and employees of and from any
and aJlliabilnies, obligations. claims. and demands whatsoever arising from the above nlferenc.ed contract. Contractor does further
release and discharge the State its officers. agen ¡ and employees mand from any and Bliliabilities. obligations. claims. and
demands whatsoever arising from any and all subcontractors and assignee. authorized pursuant to said contract.
Repayments Due to Audit Exceptions I Racord Retention
By signing this form. Contractor acknowledges that e:<peoses authorized for reimbu",ement does nol guarantee final allowability of
said expense.. Comractor ag~ that the amount of any sustained audn exceptions resulting frcm and subsequent audit made
after final payment, will be refunded Ie the Stale.
An expense and a=unting rao:>n:ls related to the above referenced contract mu51 be maintained for audn purposes for no less
than three yea", beyond the date of final payment, unless a longer term is sta1ad in said contT1lct.
Recycled Product Use Carttflcatlon
By signing this form, Contractor certifies under penalty of perjury that [Enter "percentage value" or "uro"] - pereant of
the ma,erials. goods. suppli.. or products offered or used in the performance of the above referenced contnlet meets or exceeds
the minimum percentage 01 recyclad material. es defined in Public Contrad Code Sec:60I'lS 12161 and 12200.
Reminder to Return State Ec¡uipmenU?roperty (If Applicable)
(Acp!i.. only ~ equipment WI> provided by OHS or purt:lusod with or reimbursed by contr2C1 hinds)
Unless DHS has approved the continued use and possession of Stale equlpmem (ss defined in the above referenced c:.ontract) for
use in connection with another DHS agreement, Contractor agrees to prompUy inltiata arrangemerrts to ao::ounl for and ratum said
eqUipment to DHS. at DHS's expense. if said equipment has not passed its useful life expectancy as defined in the above
referenced contract. '
Patents I Other Issues
By signing this form, Contrador further agrees. in o:>nnec;tjon with patent matt.", and with anrclaim. that'are not specifically
released as set forth above, that it will comply with all oOhe provisions contained in the above referenced contract, induding, but
not limeted to. those provisions relating to notification to the Slate and related to the defanse or prosecution of litigation.
Contractor'~ legal Name (A> on contractl:
Signature of Contractor "r Officiai Designee:
Date:
- Printed NameflrtJe of Peroon Signing:
DHS Distribution:
A=untm; (Original)
Program
CMU contraCl!Ue
OHS 2:!S2 [MO) ,
Attachment 1
Construction Loan/Grant
Contract No. SRFOOC412
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
FUNDING AGREEMENT
BETWEEN
THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
AND
EAST VALLEY WATER DISTRICT
(ARROYO VERDE MUTUAL WATER COMPANYì
PROJECT NUMBER: 3610064-01
FOR A CONSTRUCTION LOAN AND GRANT UNDER THE
SAFE DRINKING WATER STATE REVOLVING FUND LAW OF 1997
SRFOOC412
TABLE OF CONTENTS
Section Paqe
1. Purpose of Funding ................................................................................................ 1
10.
11.
12.
13.
14.
15.
2.
Incorporation of Other Documents .........................................................................
2
2
2
3
3
3
3
3
4
4
4
5
6
6
Article Paqe
A-1. Definitions............................................................................................................... 8
3.
Project Cost............................................................................................................
4.
Loan Amount..........................................................................................................
5.
Grant Amount .........................................................................................................
6.
Supplier's Cost ..................................................................:....................................
7.
Competitive Bidding..............................................."""""""""""""""""""""""'"
8.
Requirements for Disbursement...................................................................."""'"
9.
Special Requirements """""""""""""""""""""""""""""""""""""""""'"......,
Rate of Interesl.......................................................................................................
Operation and Maintenance of Project...................................................................
Fiscal Services Agreement.....................................................................................
Project Officials and Notices...................................................................................
Enforcement.................................................................."""""""""""""""""""'"
Miscellaneous Provisions .......................................................................................
EXHIBIT A
CONTRACT STANDARD CONDITIONS
A- 2. Term of Contract .................................".................................................................
A- 3. Basic Conditions Precedent """"""""""""""""""""""""""""""""""""""""'"
9
9
SRFOOC412
TABLE OF CONTENTS (continued)
. Article Paqe'
A- 4. Compliance with Laws, Regulations, and Permit Requirements ............................ 10
A- 5. Project Changes.....................................................................................................
A- 6. Disbursements by State .........................................................................................
(a) Claims ..............................................................................................................
(b) Disbursement...........................................""""""""""""""""""""""""""""
(c) Rejection of Claims............................................................................ ..............
(d) Correction of Claims ..................................................................................,.....
(e) Adjustments to Claims .................................~;..................................................
(f) Final Claim and Disbursement.........................................................................
(g) Force Account..................................................................................................
A- 7. Withholding of Loan and Grant Disbursements by State and Cancellation............
of Contract...............................................:.....................................................
(a) Conditions for Withholding ................................................,..............................
(b) Withholding Entire Loan and Grant Amounts...................................................
(c) Withholding Balance of Loan and GrantAmounts ...........................................
A- 8. Timing of Project ....................................................................................................
A- 9. Supplier's Contracts ...............................................................................................
A-10. Audit and Inspection of Books and Records................................................,..........
A-11. Statement of Principal Amount of Loan ..................................................................
(a) Remittance of Unexpected Funds....................................................................
(b) Transmission of Statement to Supplier ............................................................
A-12. Repayment of Principal Amount of Loan and Interest............................................
(a) Repayment Terms............................................................................................
(b) Advance Payment Option ................................................................................
A-13. Payment Delinquency.............................................................................................
A-.14. Accounting and Deposit of Loan and Grant Disbursements...................................
(a) Separate Accounting of Loan and Grant Disbursements and .........................
Interest; Records ......................................................."..................................
(b) Disposition of Funds Disbursed .......................................................................
(c) Interim and Final Audits ...................................................................................
10
10
10
11
11
11
11
12
12
13
13
13
13
13
14
14
14
14
15
15
15
15
16
16
16
16
17
TABLE OF CONTENTS (continued)
SRFOOC412
Article Paqe
A-15. Inspections of Project by State..................................................................."""""" 17
A-16. Prohibition Against Disposal of Project Without State Permission """""""""""'"
A-17. Nondiscrimination Clause.........................................................."""""""""""""'"
A-18. Workers' Compensation Clause........................................................"""""""""'"
A-19. Successors and Assigns """"""""""""""""""""""""""""""""""""""""""""
A-20. State to be Held Harmless......................................................................................
A-21. Remedies Not Exclusive........................................................"""""""""""""""'"
A-22. Amendments """"""""""""""""""""""""""""'"""""""""""""""""""""""'"
A-23. Waiver of Rights """""""""""""""""""""""""""""""""""""""""""""""""'"
A-24. Dispute Clause """"""""""""""""""""""""""""""""""""""""""""""""""'"
A-25. Performance and Assurances """""""""""""""""""""""""""'"""""""""""'"
A-26. Default Provisions....................................................""""""""""""""""""""""'"
A-27. Drug-Free Workplace Certification ..........".............................................................
A-28. Conflict of Interest-Current and Former State Employees......................................
(a) Current State Officers and Employees ....................'........................................
(b) Former State Officers and Employees.............................................................
A-29. Additional Insured...................................... .....................................................,.......
A-30. Prohibited Use of State Funds for Software """"""""""""""""""""""""""""'"
A-31. Lobbying Disclosure ........................................................""""""""""""""""""'"
Hi
17
17
19
19
19
19
19
19
20
20
20
21
22
22
23
23
24
24
SRFOOC412
TABLE OF CONTENTS (continued)
.',
EXHIBIT B
LOAN CONTRACT SECURITY REQUIREMENTS
Article Paqe
B- 1. No Priority for Additional Loans """"""""""""""""""""""""""""""""""""""" 25
B- 2. Rates and Charges.................................................................................................
25
B- 3. Security Interest...............................................................................................,......
25
B- 4. Reserve Fund ...................................................................................."...................
26
EXHIBIT C
SPECIAL REQUIREMENTS
Article Paqe
C- 1. Security ................................................................................,"""""""""""""""'" 27
C- 2. Additional Requirements ..""""""""""""""""""",""""""""""""""""""""""'"
27
iv
SRFOOC412
STATE OF CALIFORNIA
"
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
FUNDING AGREEMENT
BETWEEN
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
AND
EAST VALLEY WATER DISTRICT
PROJECT NUMBER: 3610064-01
UNDER THE SAFE DRINKING WATER STATE REVOLVING FUND LAW OF 1997
THIS AGREEMENT, is entered into by and between the State of
California Department of Water Resources, acting by and on behalf of the State of
California Department of Health Services, herein referred to as the "State", and East
Valley Water District, a public agency, in the County of San Bernardino, State of
California, duly organized, existing, and acting pursuant to the laws thereof, herein
referred to as the "Supplier", which parties do hereby agree as follows:
SECTION 1.
PURPOSE OF FUNDING
This Agreement constitutes funding in the form of a loan and a grant made by
the State to the Supplier under the provisions of California Safe Drinking Water State
Revolving Fund Law of 1997, Part 12, Chapter 4.5, of Division 104 of Health and Safety
Code (Section 116760 and following). The purpose of the funding is to assist in
financing construction of a project which will enable the Supplier to meet safe drinking
water standards established pursuant to Part 12, Chapter 4 (commencing with Section
116270), of Division 104 of the Health and Safety Code and California Code of
Regulations, Title 22, herein referred to as the "Project". Funds may be used only for
such eligible project costs as are approved by the State Department of Health Services.
This Agreement also constitutes a promissory note for Supplier's repayment of
the loan amount.
SRFOOC412
. ,Supplier is solely responsible for the design, construction, operation and
maintel'1ance of the Project; and for all persons or entities engaged in such work,
including but not limited to subcontractors, suppliers, and providers of services. Review
or approval of plans, specifications, bid documents or other construction documents by
the State is solely for the purpose of proper administration of the funds by the State and
shall not be deemed to relieve or restrict the Supplier's responsibility.
SECTION 2.
INCORPORATION OF OTHER DOCUMENTS
This Agreement incorporates by this reference Exhibit A, "Contract Standard
Conditions" herein referred to as "Standard Conditions", Exhibit B, "Contract Security
Requirements" herein referred to as "Security Requirements", Exhibit C, "Special
Requirements", the Supplier's "Application For Construction Funds", project plans and
specifications as submitted to and approved by the State Department of Health
Services; and any attachments thereto.
The Supplier accepts and agrees to comply with all terms, provisions, conditions,
and commitments of this Agreement, including all incorporated documents and exhibits
thereto, and to fulfill all assurances, declarations, representations, and statements
made by the Supplier in its application, documents, amendments, and communications
filed in support of its request for Safe Drinking Water State Revolving Fund financing,
including but not limited to any and all plans and specifications submitted to and
approved by the State Department of Health Services.
SECTION 3.
PROJECT COST
Supplier represents that the total cost of the Project is estimated to be $932,452
of which the State agrees that $845,261 is eligible for Safe Drinking Water State
Revolving Fund financing.
SECTION 4.
LOAN AMOUNT
Pursuant to the Safe Drinking Water State Revolving Fund Law of 1997, its
applicable rules and regulations, and subject to the availability of funds, the State will
lend to the Supplier in accordance with the terms of this Agreement an amount not to
exceed $169.052.
For valuable consideration, Supplier agrees to pay the State of California the
entire principal amount of the loan disbursed under the terms and conditions of this
Agreement together with interest, delinquent interest and other fees and costs due
thereon in accordance with terms and conditions of this Agreement. Supplier's promise
to pay as set forth in this paragraph, shall survive termination of this Agreement for any
reason including but not limited to operation of law.
2
SRFOOC412
SECTION 5.
GRANT AMOUNT
Subject to the availability of funds and in accordance with the terms of this
Agreement, the State will provide grant funding to the Supplier in an amount not to
exceed $676,209.
SECTION 6.
SUPPLIER'S COST
The Supplier agrees to fund any project cost which is in excess of the total loan
and grant amounts set forth in Sections 4 and 5 of this Agreement. The Supplier's Cost
for this Project is estimated to be $87,191, herein referred to as the "Supplier's Cost".
Unless otherwise set forth in Exhibit C to this Agreement, "Special Requirements", such
Supplier's Cost shall be expended prior to the expenditure of State loan funds unless
such Supplier's Cost is funded by other State or Federal Agencies, in which case funds
shall be drawn on a pro-rata basis.
SECTION 7.
COMPETITIVE BIDDING
All construction contracts related in any way to the Project shall be let by
competitive bid procedures which assure award of such contracts to the lowest
responsible bidders. Supplier does not need approval from the State to initiate the
bidding process other than having plans and specifications approved by the State
Department of Health Services. Supplier shall adhere to any applicable state, or local
ordinance for competitive bidding and applicable labor laws.
A Supplier shall not award a contract until a summary of bids and selected
bidder, is submitted to and approved in writing by, the State Department of Health
Services. A full explanation must be provided if the Supplier is proposing to award a
contract to anyone other than the apparent low bidder.
SECTION 8.
REQUIREMENTS FOR DISBURSEMENT
By July 31, 2004. the Supplier shall satisfy all conditions precedent to the
disbursement of funds under this Agreement, including Basic Conditions Precedent as
set forth in Article A-3 of the Standard Conditions, and the requirements for a Fiscal
Agent as set forth in Section 12, and certification of disclosure requirements of the
Lobbying Disclosure Act as set forth in Article A-31. Failure by Supplier to satisfy said
conditions and requirements by this date may, at the option of the State, result in
cancellation of this Agreement under Article A-7 of the Standard Conditions.
SECTION 9.
SPECIAL REQUIREMENTS
Supplier shall satisfy the special requirements set forth in Exhibit C. Failure by
Supplier to satisfy timely the special requirements may, at the option of the State, result
in cancellation of this Agreement under Article A-7 of the Standard Conditions, or
declaration that the Supplier is in default pursuant to Article A-26.
3
SRFOOC412
SECTION 10.
RATE OF INTEREST
The rate of interest to be paid by the Supplier on all loan amounts disbursed
under this Agreement shall be ~ percent per annum of the unpaid balance of the
loan. Interest on any loan funds disbursed to the Supplier shall begin to accrue as of
the date of each disbursement.
SECTION 11.
OPERATION AND MAINTENANCE OF PROJECT
Upon project completion and for a period of 25 years, which is the reasonably
expected life of the Project, the Supplier shall, as further consideration of this funding,
commence and continue operation of the Project; shall cause the Project to be
operated in an efficient and economical manner; shall provide for the making of all
repairs, renewals, and replacements necessary for the effective operation of the
Project; and shall cause the Project to be maintained in as good of condition as upon its
construction, ordinary and reasonable wear and depreciation excepted. Failure by the
Supplier to operate and maintain the Project in accordance with this provision may, at
the option of the State, be considered a material breach of contract and may be treated
as a default under Article A-26.
SECTION 12.
FISCAL SERVICES AGREEMENT
The Supplier shall execute a Fiscal Services Agreement (DWR form 4280) with a
Fiscal Agent. A Fiscal Agent shall be retained until the principal amount of the loan and
interest, have been paid in full.
The Supplier shall open a special account with the Fiscal Agent into which
sufficient funds shall be maintained for servicing the loan as provided in Article B-4 of
the Security Requirements. Funds from this account shall be used only for payment of
principal and/or interest on the loan when due, or any delinquencies thereon, until the
loan is repaid in full.
Once the State approves a Fiscal Services Agreement, the Supplier shall not
amend said Fiscal Services Agreement, close the special account, or retain a new
Fiscal Agent without ninety (90) days prior written notice to the State and receipt of prior
written approval of a new or amended Fiscal Services Agreement by the State.
A City or County may employ the services of its controller or treasurer as Fiscal
Agent. Any other public agency may employ the services of its County controller or
treasurer as Fiscal Agent.
The State shall have no obligation to disburse funds until the Fiscal Agent has
been engaged and the Agreement between the Supplier and the Fiscal Agent has been
approved by the State.
4
SRFOOC412
SECTION 13.
PROJECT OFFICIALS AND NOTICES
The State Contract Manager'shall be the Chief, Division of Fiscal Services of the
Department of Water Resources.
. The State Contract Manager shall be the State's representative for
administration of this Agreement, and shall have authority to make recommendations
and findings with respect to each controversy arising under or in connection with this
Agreement, including but not limited to, the interpretation, performance, or payment for
work performed under this Agreement. All such recommendations and findings shall be
communicated to the Chief, Division of Drinking Water and Environmental Management
of the Department of Health Services, and disputes shall be resolved in accordance
with Article A-24.
The Supplier's Contract Manager shall be the General Manaqer of the East
Valley Water District. Supplier's Contract Manager shall be the Supplier's
representative for administration of this Agreement. All communications given to the
Contract Manager shall be deemed given to the Supplier and shall be binding on the
Supplier.
Either party may change its Contract Manager upon written notice to the other
party.
Notices required to be given in writing by the Supplier under this Agreement
shall be sent to:
State of California
Department of Water Resources
Safe Drinking Water Office, Room 804
Attention: Program Manager
Post Office Box 942836
Sacramento, CA 94236-0001
Notices required to be given in writing by the State under this Agreement shall be
sent to:
General Manager
East Valley Water District
Post Office Box 3427
San Bernardino. California 92413
A change of address for delivery of notice may be made by either party by
written notice of such change of address to the other party.
All written notices that are required either expressly or by implications to be given
by one party to the other under this Agreement shall be signed for the State by its
5
SRFOOC412
Contract Manager and for the Supplier by its Contract Manager. Except as otherwise
expressly required by, this Agreement, all such notices shall be deemed to have been
given if delivered pers6nally or if enclosed in a properly addressed postage-prepaid
envelope and deposited in a United States Post Office for delivery by registered or
certified mail.
SECTION 14,
ENFORCEMENT
Any enforcement action, arising out of or relating to this Agreement. initiated by
the State, may be initiated by Department of Health Services or Department of Water
Resources or their authorized representatives.
SECTION 15,
MISCELLANEOUS PROVISIONS
ATTORNEY FEES
In the event either party commences an action or proceeding concerning the
subject matter of this Agreement, the prevailing party in such action or proceeding shall
be entitled to recover reasonable attorney fees incurred therein.
SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable by any court of
final jurisdiction, it is the intent of the parties that all other provisions of this Agreement
be construed to remain fully valid, enforceable, and binding on the parties.
GOVERNING LAW
This Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California.
CHILD SUPPORT COMPLIANCE ACT
For any Agreement in excess of $100,000 the Supplier and its contractor(s) shall
acknowledge in accordance therewith, that:
(a) The Supplier and contractor(s) recognize the importance of child and
family support obligations and shall fully comply with all applicable State and Federal
Laws relating to child and family support enforcement, including, but not limited to,
disclosure of information and compliance with earnings assignment orders, as provided
in Part 5, Chapter 8 (commencing with Section 5200), Division 9 of the Family Code;
and
(b) The Supplier and contractor(s), to the best of their knowledge, are fully
complying with the earnings assignment orders of all employees and are providing the
names of all new employees to the New Hire Registry maintained by the California
Employment Development Department.
6
SRFOOC412
"
LEGAL CAPACITY
Supplier hereby warrants and represents that it is a legal entity in good standing,
and that it has the authority to enter into this Agreement and to incur the indebtedness
described herein.
The Supplier shall notify the State as promptly as feasiþle of any proposed
change in the Supplier's ownership, organization, legal form or service area.
DATE OF EXECUTION
Date of execution of this Agreement shall be the date of the latest in time
execution by a party hereto. .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement:
Approved as to Legal Form
and S\Jfficiency:
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
By
By
Chief Counsel
Department of Water Resources
Chief
Division of Fiscal Services
Date
Date:
East Valley Water District
Supplier
By
Signature
Robert E. Martin
Print Name
General Manaqer
Title
P.O. Box 3427, SAn Bernardino, CA 92413
Address
Date:
7
SRFOOC412
EXHIBIT A
"
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
CONTRACT STANDARD CONDITIONS
ARTICLE A-1.
DEFINITIONS
Whenever in this Contract the following terms are used, their meaning shall be
as follows unless the context clearly requires otherwise:
Aareement or Contract-The Funding Agreement to which this Contract Standard
Conditions is appended.
Davs--Calendar days unless otherwise expressly indicated.
Month--Calendar month unless otherwise expressly indicated.
Year--Calendar year unless otherwise expressly indicated.
Cross-cuttino Federal Authorities--Federallaws and Executive Orders that apply
in federal financial assistance programs, or to projects and activities receiving federal
financial assistance, regardless of whether the statute authorizing the assistance makes
them applicable. They are sometimes referred to as "cross-cutters".
Eliaible Proiect Costs--Those project costs which are eligible for funding under
applicable State and Federal law.
Fiscal Aaent--A bank, savings and loan, or any other financial institution or entity
approved by the State, to which funds for the repayment of the loan are deposited, for
the purpose of disbursing repayments of the loan to the State according to the
repayment schedule referred to in Article A-12.
Force Account--The use of Supplier's own employees or equipment, for
planning, preliminary engineering, design, construction or construction related activities
on the Project.
Principal Amount of the Loan--The total amount disbursed to the Supplier under
the Contract less any grant amount disbursed and any amount of such total amount
disbursed that may have been repaid or remitted to the State by the Supplier.
8
SRFOOC412
Public Water Svstem or Public Water Supplv Svstem--A system for the provision
to the public of water for human consumption, as permed in Part 12, Chapter 4
(commencing with Section 116270), of Division 104 of the Health and Safety Code, as it
may be amended.
Repavment Term--The period of time between the Project Completion Date and
the date the principal amount of the loan is repaid in full. The repayment term of this
loan is specified in Article A-12.
ARTICLE A-2.
TERM OF CONTRACT
Subject to the provisions of Article A-7, this Contract shall become effective on
the date of its execution and shall remain in effect until the principal amount of the loan,
all interest thereon, and any other sums of money due to the State under this Contract,
have been paid in full or until the expiration of the period of time required for operation
and maintenance of the Project, as set forth in Section 11 of this Contract, whichever
shall occur last.
ARTICLE A-3.
BASIC CONDITIONS PRECEDENT
The State shall have no obligation to disburse funds under this Contract unless
and until:
(a) The Supplier has provided satisfactory documentation of the action taken
by its governing body authorizing it to borrow funds and to enter into this Contract, and
designating a representative to execute this Contract and to sign a claim for
disbursement of funds.
(b) The Supplier has provided satisfactory documentation showing that it
has dedicated a source of revenue for repayment of the principal amount of the loan
plus interest.
(c) The Supplier has satisfied the security provisions of Article B-3.
(d) The Supplier has provided detailed information concerning the account
established for deposit of loan funds received from the State. Supplier shall account for
loan funds in accordance with Article A-14.
(e) The Supplier has engaged the services of a Fiscal Agent by executing a
Fiscal Services Agreement (DWR form 4280) and has executed a Security Agreement
(DWR form 4279), and Supplier has established all accounts required by said
agreements.
(f) The Supplier has provided detailed information concerning the account
established to collect funds to repay the loan before the funds are transferred to the
Fiscal Agent.
9
SRFOOC412
(g) The Supplier has submitted an initial budget of eligible project costs approved
by the State Department of Health S,ervices on a form provided by the Department of
Water. Resources. .
(h) The Supplier has provided the certification and disclosure for compliance with
the Lobbying Disclosure Act pursuant to Article-31.
ARTICLE A-4.
COMPLIANCE WITH LAWS, REGULATIONS, AND PERMIT
REQUIREMENTS
The Supplier shall at all times comply with, and require its contractors or
subcontractors to comply with, all applicable federal and state laws, rules and
regulations, permits, and all applicable local ordinances, specifically including, but not
limited to, environmental, procurement and safety laws, rules, regulations, permits, and
ordinances.
ARTICLE A-5.
PROJECT CHANGES
The Project shall be constructed in accordance with the plans and specifications
as approved by the State on March 17. 2003. The Supplier shall not make any
changes in the Project, or issue any change orders to a contractor, without receiving
prior written approval from the State.
Supplier may request a one-time increase in the total funding provided in this
Contract. Such request shall be based upon the final accepted construction bids and
shall be submitted to the State within sixty (60) days of the award of the final
construction contract. Such request may be granted or denied at the sole discretion of
the State.
The Supplier shall submit to the State in writing any proposed changes to the
Project budget including but not limited to transferring of funds between line item
allotments. The Supplier shall obtain written approval of such proposed changes from
the State before the proposed changes are adopted.
The Supplier shall not use any funds from any contingency allotment without
receiving prior written approval from the State.
ARTICLE A-5.
DISBURSEMENTS BY STATE
(a) Claims
Supplier shall request disbursement by submitting to the State a claim(s) for
incurred eligible project costs. A claim for funds shall be submitted no more than once
a month and the Supplier shall provide the following information:
(1) A statement of the incurred eligible project costs for work
10
SRFOOC412
performed in constructing the Project during the period identified in the particular claim;
. (2) A claim for incurred eligible project costs that have been incurred for
the Project during the period identified in the particular claim, including, but not limited
to, legal, engineering, and administrative fees associated with the Project;
(3) Said information shall be submitted. on forms provided by the State.
(b) Disbursement
Following the review and approval of a claim by the State, the State will disburse
to the Supplier an approved amount, subject to the availability of funds. Any and all
funds disbursed to the Supplier under this Contract, and any and all interest earned by
the Supplier on such funds, shall be used solely to pay eligible project costs. The total
loan amount set forth in Section 4 shall be disbursed before any grant funds are
disbursed.
(c) Rejection of Claims
A claim may be rejected by the State if:
(1) It is submitted without signature;
(2) It is submitted under signature of a person other than the Supplier's
duly authorized representative;
(3) Supplier fails to timely submit a final claim within the time period specified
in Article A-6(f).
The State will notify the Supplier of any claim so rejected, and the reasons
therefore.
(d) Correction of Claims
A claim containing a mathematical error will be corrected by the State, after
.telephone notification to the Supplier, and will thereafter be treated as if submitted in
the corrected amount. The State will confirm correction of the error, to the Supplier, in
writing.
(e) Adjustments to Claims
If, upon review of a claim, the State determines that any portion or portions of
the costs claimed:
(1) Are ineligible to be financed by the Safe Drinking Water State
Revolving Fund under Federal or State law, or the terms of this Contract, or
11
SRFOOC412
(2) Do not constitute costs associated with the Project as approved by
the State Department of Health Services for financing with the proceeds of the subject
loan, under the terms of this Contract;
..
"
the State will then notify the Supplier of its determination by certified or
registered mail. The Supplier shall, within thirty (30) days of the date of receipt of such
notice, submit additional documentation or evidence to the State substantiating the
eligibility or approval of such costs. The State will adjust the pending claim by the
amount of the ineligible or unapproved cost unless and until such time as the Supplier
timely submits additional documentation or evidence to cause the State to reverse its
determination with respect to any such costs. The Supplier may resubmit any costs
subsequently approved on a succeeding claim.
(f) Final Claim and Disbursement
Not later than six (6) months from the Project Completion Date, as set forth in
Article A-S, the Supplier shall submit a final claim. With the final claim, the Supplier
shall provide: (1) a statement of full written disclosure of all sources and amounts of
funds contributed to the Project: (2) a certification by the Supplier's Contract Manager
that the data disclosed is true and correct; (3) proof of a Recorded Notice of
Completion; (4) and a fully executed "Contractor's Release" acknowledging submission
of the final claim to the State and certifying the approximate percentage amount, if any
of recycled materials used in the performance of this Contract, (DHS form 2352), a
copy of which is attached hereto, as Attachment 1, and incorporated herein by this
reference. "Supplier" shall be substituted for and in place of "Contractor" on the face of
said form.
Commencement of repayment of loan principal and interest pursuant to Article
A-12, may be required prior to the final disbursement of funds.
(g) Force Account
Costs of construction or construction rel.ated activities, which are performed with
force account, are ineligible project costs; and claims that include any such costs will be
adjusted accordingly.
Supplier may use its own employees for engineering including development of
plans and specifications, legal, and administrative costs, as provided for in Supplier's
budget of eligible project costs. If the Supplier is using the services of its own
employees, the Supplier shall establish accounts and maintain records which
reasonably document all employee hours and costs charged to the Project and the
associated tasks performed by each employee.
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ARTICLE A-7. WITHHOLDING OF LOAN AND GRANT DISBURSEMENTS BY
STATE AND CANCELLATION OF CONTRACT
(a) Conditions for WithholdinG
If the State determines that the Project is not being carried out substantially in
accordance with the provisions of this Contract or that the Supplier has failed in any
other respect to comply with the terms and conditions of this Contract, the State shall
give written notice of such failure to comply. If the Supplier does not remedy any such
failure to the State's satisfaction within ten (10) calendar days of receipt of such notice,
the State may withhold from the Supplier all or any portion of the loan and/or grant
amounts and take any other action that it deems necessary to protect its interests,
including but not limited to declaring Supplier in default as set forth in Article A-26, or
canceling this Contract pursuant to paragraph (b) of this Article A- 7.
(b) WithholdinG Entire Loan and Grant Amounts
If the State determines to withhold the entire loan and grant amounts from
Supplier pursuant to Subdivision (a) of this Article A-7, notice of such a determination
shall constitute a notice of cancellation of this Contract, and this Contract shall no
longer be binding on any party hereto. Said Notice of Cancellation shall be sent to
Supplier by certified or registered mail, and shall be effective upon receipt.
(c) WithholdinG Balance of Loan and Grant Amounts
Where a portion of the grant amount has been disbursed to the Supplier, the
State shall notify the Supplier in writing, via certified or registered mail, that State is
withholding, pursuant to Subdivision (a) of this Article A-7, the balance of the funding to
the Supplier. Upon such notice, any and all disbursements that have been to Supplier,
including any grant portion, shall constitute loan principle amount. Said amount,
together with interest thereòn from the date of each disbursement, shall be immediately
due and payable to State, and shall be repaid forthwith as directed by the State.
Failure or refusal of the Supplier to so repay shall be a material breach of the contract
and an event of Supplier's default under Article A-26.
ARTICLE A-B.
TIMING OF PROJECT
The Supplier shall certify to the State Department of Health Services that the
Project is complete and ready for final inspection. The State Department of Health
Services will conduct a final inspection and certify that the Project is complete prior to
the facility being placed into operation. The date of such certification shall be the
Project Completion Date for purposes of this Contract.
Supplier agrees to proceed expeditiously, and shall meet a Project Completion
Date of not later than June 30, 2005. Supplier's failure to meet said Project Completion
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Date may, at the option of the State, be considered a material breach of contract and
may be treated as a default under Article A-26. .
"
ARTICLE A-g. SUPPLIER'S CONTRACTS
Supplier shall be solely responsible for resolution of any and all disputes arising
out of or related to Supplier's contracts for construction of the Project, including but not
limited to bid disputes and payment disputes with Supplier's contractors and sub-
contractors and shall provide appropriate releases (as set forth in California Civil Code
Title 15) as may be requested by the State.
ARTICLE A-10. AUDIT AND INSPECTION OF BOOKS AND RECORDS
Pursuant to Government Code Section 8546.7 the contracting parties shall be
subject to the examination and audit of the State or any agent thereof, and the State
Auditor. Parties are also subject to examination and audit of the U.S. Environmental
Protection Agency, the Comptroller General of the United States, and Office of the
Inspector General, for a period of three (3) years after final payment under this Contract
with respect to all matters connected with the performance of this Contract, including,
but not limited to, the cost of administering this Contract. If any litigation, claim,
negotiations, audit or other action is commenced before the expiration of said three (3)
year period, all records must be retained until such action is resolved, or until the end of
said three (3) year period whichever shall later occur. All records of the Supplier
relating to funding received pursuant to this Agreement shall be preserved for this
purpose for at least three (3) years after final repayment of the loan.
During regular office hours, each of the parties hereto and their duly authorized
representatives shall have the right to inspect and to make copies of any books,
records, or reports of either party pertaining to this Contract or matters related hereto.
Each of the parties hereto shall maintain and shall make available at all times for such
inspection accurate records of all its costs, disbursements, and receipts with respect to
its activities under this Contract. Failure or refusal by Supplier to comply with this
provision shall be considered a substantial failure to comply with this Contract, and the
State may declare the Supplier in default as set forth in Article A-26, withhold
disbursements to the Supplier or take any other action it deems necessary to protect its
interests.
ARTICLE A-11. STATEMENT OF PRINCIPAL AMOUNT OF LOAN
(a) Remittance of Unexpended Funds
The Supplier agrees that, within a period of thirty (30) days from the final
disbursement of funds from the State, the Supplier shall remit to the State any
unexpended funds that were disbursed to the Supplier under this Contract and were not
needed to pay project costs incurred.
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Unexpended funds remitted to the State shall not constitute repayment of any
part of the loan, but srall be deemed to be a reduction in the total funds disbursed. Any
such remittance shall not reduce the total amount except to the extent the remittance
exceeds the total amount disbursed to the Supplier.
(b) Transmission of Statement to Supplier
. Within sixty (60) days after the final disbursement of funds, the State shall
transmit to the Supplier a written statement setting forth the principal amount of the
loan.
ARTICLE A-12. REPAYMENT OF PRINCIPAL AMOUNT OF LOAN AND INTEREST
(a) Repavment Terms
The Supplier shall make semiannual payments to the State until the principal
amount of the loan is repaid in full. The State will invoice the Supplier semiannually for
principal and any interest payments. Such invoices will include a statement of the
outstanding principal amount of the loan, the amoUnt of the payment which constitutes
principal to be paid, and the amount of the payment which constitutes interest if any, to
be paid. Supplier shall make level semiannual payments based on a standard
semiannual payment loan amortization method to be determined by the State. The
standard amortization method shall incorporate the outstanding loan principal as
determined by Article A-11, the loan repayment term specified herein, and the loan rate
of iliterest, as specified in Section 10 of this Contract.
Loan principal and interest payments shall be due and payable within thirty (30)
days from the date of the invoice. Principal and interest payments shall commence no
later than one (1) year from the Project Completion Date. All such payments shall be
made on a semiannual basis on January 1 and July 1 of each year. The first semiannual
principal and interest payment for this loan is projected to be due J ulv 1. 2006. The
remaining payments shall be made semiannually thereafter until the principal amount of
the loan is repaid in full. The final semiannual payment shall be in an amount equal to
the then unpaid portion of the principal amount of the loan, plus any remaining unpaid
accrued interest. Interest on the principal shall not be deferred.
Unless earlier payment is required by the terms of this Contract, the entire
amount of the loan, principal, interest, delinquent interest, and any other charges or
fees shall be due and payable 25 years from the Project Completion Date, as set forth
in Article A-B.
(b) Advance Pavment Option
Supplier may make advance payment against principal without penalty, provided
that any such advance payment shall be applied first to interest then owed and then to
principal, and provided further, that any such payment shall not relieve the Supplier of
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its obligations to make payments in the amount and at the time specified in Subdivision
(a) of ttJis Article A-12 until the principal amount of the loan is repaid in full. Any
advancè payment must be coordinated in advance with the Department of Health
SelVices Accounting Office prior to the making of any such payment to ensure proper
credit to Suppliers account.
ARTICLE A-13. PAYMENT DELINQUENCY
Any payment of principal and/or interest required to be paid by the Supplier to
the State pursuant to this Contract which remains unpaid after it becomes due and
payable shall be delinquent. Delinquent interest charges shall be in addition to any
other charges or payments owing the. State from Supplier and shall accrue at the rate of
one tenth of one percent (.1 %) per day, on the amount of such delinquent payment, for
each day it remains unpaid past the tenth (10th) day after the date payment was due.
Any such delinquent interest assessed will not be added to the loan balance but will be
treated as a separate account and obligation of the Supplier. Delinquent interest shall
accrue on the total payment amount from the due date of payment through the date
payment is made. Any payment by Supplier under terms of this Contract is deemed to
have been made when it is received by the State.
ARTICLE A-14. ACCOUNTING AND DEPOSIT OF LOAN AND GRANT
DISBURSEMENTS
(a) Separate Accountinq of Loan and Grant Disbursements and Interest:
Records
The Supplier shall account for the funds disbursed pursuant to this Contract
separately from all other Supplier's funds. The Supplier shall maintain accounting
procedures that are in accordance with Generally Accepted Accounting Principles. The
Supplier shall keep complete and accurate records of all receipts, disbursements, and
interest earned on expenditures of such funds. Invoices must be maintained for a
period of at least three (3) years. All other records must be maintained for the term of
the loan.
The Supplier shall require its agents, contractors and subcontractors to
maintain books, records, and other documents pertinent to their work in accordance
with Generally Accepted Accounting Principles. Records are subject to inspection by
the State at any and all reasonable times.
(b) Disposition of Funds Disbursed
In addition to specific requirements set forth in this Contract, all funds disbursed
pursuant to this Contract shall be deposited, administered, and accounted for pursuant
to all provisions of law applicable to the Supplier.
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(c) Interim and Final Audits
The State reserves the right to conduct an audit at any time between the
execution of this Contract and the completion of the Project. After completion of the
Project, the State may require the Supplier to conduct a final audit, at the Supplier's
expense, such audit to be conducted by and a report prepared by an independent
Certified Public Accountant.
Failure or refusal by Supplier to comply with these provisions shall be considered
a substantial failure to comply with this Contract, and the State may elect to pursue any
remedies included but not limited to those provided in
Article A-7.
ARTICLE A-15. INSPECTIONS OF PROJECT BY STATE
The State shall have the right but not the duty to inspect the work being
performed on the Project at any and all reasonable times during the term of this
Contract. This right shall extend to any subcontracts, and Supplier shall include
provisions ensuring such access in all its contracts or subcontracts related to the
Project.
ARTICLE A-16. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT
STATE PERMISSION
During the term of this Contract:
(a) The Supplier shall not sell, abandon, lease, transfer, exchange,
mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of
any real or other property necessarily connected or used in conjunction with the Project,
or with the Supplier's service of domestic water, without prior written consent of the
State. The State may require as a condition of such consent, that Supplier's proceeds
from any such disposition of any real or personal property be transferred to the State to
be applied to Supplier's indebtedness under this Contract.
(b) Supplier shall not take any action, including but not limited to actions
relating to user fees, charges and assessments, that could adversely affect the ability of
the Supplier to make timely payments or to otherwise meet its obligations under this
Contract, without prior written consent of the State.
ARTICLE A-17. NONDISCRIMINATION CLAUSE
During the performance of this Contract, the Supplier, its contractors and
subcontractors, shall not deny the contract's benefits to any person on the basis of
religion, color, ethnic group identification, sex, age, physical or mental disability, nor
shall they discriminate unlawfully against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, physical handicap, mental
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disability, medical condition, marital status, age, or sex. Supplier, its contractors and
subcontractors shall ensure that the evaluation and treatment of employees and
applicants for employment are free of such discrimination.'
Supplier, its contractors and subcontractors shall comply with the provisions of
the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the
regulations promulgated thereunder (California Code of Regulations, Title 2, Section
7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the
Government Code (Government Code, Sections 11135-11139.5) and the regulations or
standards adopted by the awarding State Agency to implement such article.
By signing this Contract, Supplier assures the State that it shall comply with
the requirements ofthe Americans with Disabilities Act (ADA) of 1990, (42 U.S.C.
12101 et seq.), which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA; the Civil Rights Act
of 1964, as amended, 42 U.S.C. 2000d (1988) et seq.; Section 504 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 794 (1989); Federal Water Pollution Control Act
Amendments of 1972, Pub.L. No. 92-500, 86 Stat 816; and the Age Discrimination Act
of 1975, as amended, 42 U.S.C. 6102 (1994); together with all applicable regulations
and guidelines adopted to implement same. Said group of laws and requirements are
collectively referred to in this Contract as the "anti-discrimination laws".
Supplier agrees to collect and maintain information to show compliance with the
"anti-discrimination laws" including a list of discrimination complaints, reports of any
compliance reviews conducted by other agencies descriptions of any pending
discrimination-based lawsuits and data on the racial, ethnic, national origin, sex and
handicap characteristics of the population it serves.
Supplier agrees to cooperate with State in all manner necessary to permit State
to adequately report to the United States Environmental Protection Agency on
Supplier's compliance with the "anti-discrimination laws".
Supplier, its contractors and subcontractors shall give written notice of their
obligations under this Article to labor organizations with which they have a collective
bargaining or other agreement.
The Supplier's signature on this Contract shall constitute a certification under the
penalty of perjury under the laws of the State of California that the Supplier has, unless
exempted, complied with the nondiscrimination program requirements of Government
Code, Section 12990, and Title 2, Cc¡lifornia Code of Regulations, Section 8103.
Supplier shall include the nondiscrimination and compliance provisions of this
Article A-17 in all contracts and subcontracts to perform work on the Project.
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ARTICLE A-18. WORKERS' COMPENSATION CLAUSE
Supplier affirms that it is aware of the provisions of Section 3700 of the California
Labor Code, which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of that
code, and Supplier affirms that it will comply with such provisions before commencing
the performance of the work under this Contract and will make its contractors and
subcontractors aware of this provision.
ARTICLE A-19. SUCCESSORS AND ASSIGNS
This Contract and all of its provisions shall inure to the benefit of, apply to, and
bind the heirs, successors and assigns of the parties hereto. No assignment or transfer
of this Contract or any part hereof by Supplier shall be valid unless and until it is
approved by the State and made subject to such reasonable terms and conditions as
the State may impose.
ARTICLE A-20. STATE TO BE HELD HARMLESS
Supplier shall indemnify, hold harmless, protect and defend State and its
officers, employees, agents and representatives from loss, suits, actions or claims
brought for, or on account of violation of laws, ordinances, rules, or regulations, or
injury, damage, or loss, including death, caused by acts or omissions of Supplier, its
employees, contractors, or agents; or in any way arising from, or related to the Project.
ARTICLE A-21. REMEDIES NOT EXCLUSIVE
The use by either party of any remedy specified herein for the enforcement of
this Contract is not exclusive, and shall not deprive the party using such remedy of, or
limit the application of, any other remedy provided by law.
ARTICLE A-22. AMENDMENTS
This Contract may be amended only by mutual written agreement signed by the
parties hereto. Requests by the Supplier for amendments must be in writing stating the
amendment request and the reason for the request.
ARTICLE A-23. WAIVER OF RIGHTS
It is the intention of the parties hereto that from time to time either party may
waive any of its rights under this Contract unless contrary to law. Any waiver by either
party hereto of rights arising in connection with this Contract shall not be deemed to be
a waiver with respect to any other rights or matters.
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ARTICLE A-24. DISPUTE CLAUSE
Any disp~ute tlìat Supplier may have regarding the performance of this Contract
including, but not limited to, claims for additional disbursements of funds or extension of
time, shall be submitted to the State's Contract Manager identified in Section 13 of this
Contract. The State Contract Manager may make findings and recommendations and
shall transmit a copy of the claim and any such findings and recommendations to the
Department of Health Services, Chief, Division of Drinking Water and Environmental
Management, who shall make a decision, which shall be reduced to writing and
transmitted to Supplier by certified or registered mail. Said decision shall be final and
conclusive.
ARTICLE A-25. PERFORMANCE AND ASSURANCES
Supplier agrees to faithfully and expeditiously perform or cause to be performed
all Project work as described in the final plans and specifications as submitted and
approved, or as later amended and approved by the State under this Contract and to
apply funds received only to eligible project costs and to operate and maintain the
Project in accordance with applicable provisions of the law.
ARTICLE A-26. DEFAULT PROVISIONS
(a) Supplier will be in default under this Contract if any of the following occur:
(1) Supplier's failure to pay any installment when due, or the entire
indebtedness to the State when due at the designated due date;
(2) Supplier's failure to make any remittances required by this Contract;
(3) Supplier's substantial breach of this Contract, or any supplement or
amendment to it, or any other agreement between Supplier and the State evidencing or
securing Supplier's obligations;
(4) Supplier's making of any false warranty, representation, or statement
with respect to this Contract or the Project;
(5) Loss, theft, or damages to any collateral given as security under this
Contract;
(6) Seizure of, or levy on any collateral given as security under this
Contract; and/or
(7) Dissolution or cessation of operations by Supplier, termination of
Supplier's existence, insolvency of Supplier, or filing of a voluntary or involuntary
bankruptcy petition by or on behalf of Supplier.
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(b) When an event of default occurs, the State shall give Supplier notice of
default. Supplier shall have ten (10) calendar days from the date of such notice to cure.
the default. If the Supplier fails to timely cure the default to the satisfaction of the State, "
the State may do any or all of the following:
(1) Declare that any and all amounts disbursed to the Supplier under the
terms of this Contract, including any grant portion, shall be deemed the loan amount,
and shall be repaid to the State in accordance with the terms of this Contract.
(2) Declare the Supplier's obligations immediately due and payable,
with or without demand or notice to Supplier, which Supplier expressly waives;
(3) Terminate any obligation of the State to make further disbursements to
Supplier under this Contract;
(4) Exercise all rights and remedies available to a secured creditor
after default, including, but not limited to, the rights and remedies of secured creditors
under the California Uniform Commercial Code;
(5) Perform any of Supplier's obligations under this Contract for
Supplier's account; and/or
(6) Take any other action it deems necessary to protect its interests.
(c) Supplier agrees that any remedy provided in this Contract is in addition to and
not in derogation of any other legal or equitable remedy available to the State as a
result of a breach of contract by the Supplier, whether such breach occurs before or
after completion of the Project.
(d) No waiver by the State of any breach or default will be a waiver of any
other breach or default.
ARTICLE A-27. DRUG-FREE WORKPLACE CERTIFICATION
By signing this Contract, the Supplier hereby certifies under penalty of perjury
under the laws of the State of California that the Supplier will comply with the
requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350
e1 seq.) and will provide a drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prohibited
and specifying actions to be taken against employees for violations.
(b) Establish a Drug-Free Awareness program to inform employees about all
of the following:
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(1) The dangers of drug abuse in the workplace;
(2) The person's or organization's policy of maintaining a drug~freè'
workplace;
(3) Any available counseling, rehabilitation and employee assistance
programs;
(4) Penalties that may be imposed upon employees for drug abuse violations.
(c) Every employee who works on the Project:
(1) Will receive a copy of the Supplier's drug-free policy statement;
(2) Will agree to abide by terms of the Supplier's statement as a condition of
employment on the Project.
This Contract may be subject to suspension of payments or termination, or both,
and the Supplier may be subject to debarment if the department determines that: (1)
the Supplier has made a false certification, or (2) the Supplier violates the certification
by failing to carry out the requirements of this Article A-27.
ARTICLE A-28. CONFLICT OF INTEREST-CURRENT AND FORMER STATE
EMPLOYEES
(a) Current State Officers and Employees:
(1) Supplier shall not utilize in the performance of this Contract any state
officer or employee in the state civil service or other appointed state official unless the
employment, activity, or enterprise is required as a condition of the officer or
employee's regular state employment. Employee in the state civil service is defined to
be any person legally holding a permanent or intermittent position in the state civil
service.
(2) If any state officer or employee is utilized or employed in the
performance of this Contract, Supplier shall first obtain written verification from the
State that the employment, activity, or enterprise is required as a condition of the
officer's, employee's, or official's regular state employment and shall keep said
verification on file for three (3) years after the termination of this Contract.
(3) Supplier may not accept occasional work from any currently
employed state officer, employee, or official.
(4) If Supplier accepts volunteer work from any currently employed state
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officer, employee, or official, Supplier may not reimburse, or otherwise payor
compensate, such person for expenses incurr~d, including, without limitation, travel
expenses, per diem, or the like, in connection with volunteer work on behalf of Supplier.
(5) Supplier shall not employ any state officers, employees, or officials
who are on paid or unpaid leave of absence from their regular state employment.
(6) Supplier or anyone having a financial interest in the Contract may not
become a state officer, employee, or official during the term of this Contract. Supplier
shall notify each of its employees, and any other person having a financial interest in
this Contract that it is unlawful under the Public Contract Code for such person to
become a state officer, employee, or official during the term of this Contract unless any
relationship with the Supplier giving rise to a financial interest, as an employee or
otherwise, is first terminated.
(7) Occasional or one-time reimbursement of a state employee's travel
expenses is not acceptable.
(b) Former State Officers and Employees:
(1) Supplier shall not utilize in the performance of this Contract any
formerly employed person of any state agency or department that was employed under
the state civil service, or otherwise appointed to serve in the State Government, if that
person was engaged in any negotiations, transactions, planning, arrangement, or any
part of the decision making process relevant to the Contract while employed in any
capacity by any state agency or department. This prohibition shall apply for a two (2)
year period beginning on the date the person left state employment.
(2) Supplier shall not utilize within twelve (12) months from the date of
separation of services, a former employee of the contracting state agency or
department if that former employee was employed in a policy making position in the
same general subject area as the proposed contract within the twelve (12) month period
prior to the employee leaving state service.
(c) If Supplier violates any provision of subparts (a) or (b) above, such action by
Supplier shall render this Contract void, unless the violation is technical or
nonsubstantive.
ARTICLE A-29. ADDITIONAL INSURED
Supplier agrees that for any policy of general liability insurance concerning the
construction of the Project, it will cause, and will require its contractors and
subcontractors to cause, a certificate of insurance to be issued showing the State, its
officers, agents, employees, and servants as additional insured; and shall provide the
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State with a copy of all such certificates prior to the commencement of construction of
the Project. .
ARTICLE A-30. PROHIBITED USE OF STATE FUNDS FOR SOFTWARE
Contractor (Supplier) certifies that it has appropriate systems and controls in
place to ensure that state funds will not be used in the performance of this contract for
the acquisition, operation or maintenance of computer software in violation of copyright
laws.
ARTICLE A-31. LOBBYING DISCLOSURE
If pursuant to the terms of this Contract, Supplier is to receive loan proceeds in
excess of $150,000 and/or grant proceeds in excess of $100,000, Supplier shall comply
with the certification and disclosure requirements of the Lobbying Disclosure
Act, Public Law 101-121,103 Stat 750 (1989), 31 U.S.C. 1352 (1998). Such
certification and disclosure shall be completed prior to the disbursement of any funds.
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EXHIBIT B
CONTRACT SECURITY REQUIREMENTS
ARTICLE B-1.
NO PRIORITY FOR ADDITIONAL LOANS
The Supplier agrees to incur no additional indebtedness having any priority in
payment of principal or interest or pledge of revenues or facilities or equipment in
existence at the date of this Contract or to be constructed or obtained under terms of
this Contract without obtaining prior written consent of the State, which consent shall
not be unreasonably withheld.
ARTICLE B-2.
RATES AND CHARGES
The Supplier agrees that it will levy and collect assessments or user charges as
may be necessary to operate and to maintain the Project and to meet the payments of
the loan when the same becomes due; and if for any reason, gross revenues prove
insufficient to make payments due pursuant to this Contract, Supplier agrees to raise
sufficient funds through increased user charges or assessments or any other legal
means available to it to meet loan payments and to operate and to maintain the Project.
ARTICLE B-3.
SECURITY INTEREST
The Supplier pledges to repay the entire principal amount disbursed under this
Contract, together with all interest thereon, as set forth in this Contract, from the Arroyo
Verde Assessment District, and Supplier hereby pledges said assessments as
collateral to secure said repayment. Supplier hereby represents and agrees that said
pledge shall create and constitute a lien and security interest in said collateral in
accordance with the provisions of the California Government Code, Section 5450, et
seq.
Supplier aç¡rees to pay the Supplier's Cost of the Project from such
treasury account as may be desianated bv East Valley Water District Board of
Directors;
The Supplier shall execute any and all documents required by the State to create
and maintain its security interest, including any amendments, modifications, and/or new
or revised documents as may be reasonably necessary to maintain, preseNe, and
protect the State's security.
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ARTICLE 8-4.
RESERVE FUND
The Supplier agrees to provide for the accumulation of necessary reserves in
accordance with Section 12 of this Contract to assure that funds will be available to
make the semiannual payments when due. At a minimum, a reserve of two (2)
semiannual payments shall be accumulated during the first ten years of the repayment
period and thereafter be maintained at that level. The reserve fund shall be maintained
and administered by the Fiscal Agent.
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EXHIBIT C
--------------~--
SPECIAL REQUIREMENTS
ARTICLE C-1. SECURITY
The Supplier grants to the State a security interest in all of the following:
1.
Pledge of revenue as more fully described in Article B-3.
2.
Accounts as described in and/or required by Article A-3 (d), (e) and (t).
The State reserves the right to require, and Supplier agrees to provide, security
in additional real and/or personal property which State determines is reasonably
necessary to secure payment of Supplier's obligations under this Contract.
ARTICLE C-2. ADDITIONAL REQUIREMENTS
1.
The Supplier shall notify the San Bernardino District Office of the Department of
Health Services when construction is fifty percent complete, one hundred
percent complete and immediately prior to any start-up testing.
2.
The State has no duty to disburse funds under this Agreement unless, and until,
Supplier provides State with satisfactory written evidence that the Arroyo Verde
Assessment District formation is final and complete and has been duly
recorded.
27
M/$/ ~
~ r-tlJL«lst
May 13th, 2004
Anel (Arreola) Perry
6939 Browning Road
Highland, Ca. 92346-5014
East Valley Water District
Mr. George E. "Skip" Wilson
1155 Del Rosa Avenue, P.O. Box 3427
San Bernardino, Ca. 92413
, ,
'-c.
Re: Account No. 1270034-04; Request for Assistance
Dear Mr. Wilson,
I, as a long-term customer of the Water District, come to your good offices at this
time to request your assistance in a matter of principle, with a little economics included.
Specifically, the matter at hand is that for my residential (third) meter to be turned back
on, your office personnel have required that I apply anew, and pay a reconnection fee of
$ 75.00. This I believe to be unfair and not in the spirit of the Water District. The fàcts
and surrounding circumstances of the matter are as follows:
I have been a continuing customer of your services since 1989. While it is true
that I have been late in paying occasionally, I have always paid the bill. During mid
2003, I inquired of your office personnel of the service related to the third meter on my
account. I was told that I should contact a plumber to solve the matter. I contacted a
plumber, who visited the property, however, he was not able to assist me with the meter
in any way. Only through time have I been able to recognize that the third meter is
designed to water the trees surrounding my property. Now, my trees are dying fi:om lack
of watering.
I went back to your offices, but as yet have not re-applied nor paid the $ 75.00 re-
connect fee.
Previously, a problem with service came up. Specifically, seven months ago, I
paid the active two meters with two separate checks; however, the cashier clerk posted all
of the monies to only one ofthe accounts, and the service was turned offfor a period of
over two weeks. Because the problem was a clerical error at your offices, the
reconnection fee was waived, and the meter was turned on. However, when I requested
the third meter to be turned on, your personnel referenced the above-noted waiver, and
the fact that I had been occasionally late in paying, as basis for demanding re-connect fee
of$ 75.00.
In sum, I am of the opinion that I have been unwittingly caused harm, for which
there seems to be no redress. I am angry that my pleas are not heard, and that in a
nutshell is why I now come to your good office for help.
1'-1,
j
I request that you review my account, and turn on my third meter without having
to fe-apply or pay the $ 75.00 reconnection fee.
Thank you for your speedy attention and determination ofthis matter. Please
reply in writing.
Sincerely,
~ CIí P&ry
Customer
ç----"
ttols{v
Re(wh d1fø }a.-J ke-
IS
7414 Cole Avenue
Highland, CA 92346
May 14, 2004
~;~ ¡Ji (;c;, fè-'
ÞY ,c? "?;
NAY 7 9
' 2004
Board of Directors
East Valley Water District
1155 Del Rosa Avenue
San Bernardino, CA 92410-4123
TO WHOM IT MAY CONCERN:
I am writing this letter in protest to a $75.00 deposit fee that was charged in an effort to change the
name on the account for
I have resided at that address since 1975. When I was separated from my husband and then ultimately
divorced in 1996, the bills continued in his name as we had joint ownership. I continued to pay the
monthly water and sewer bills. In April of this year, I was able to buyout his share of the property and
in May, I had the water account changed to my name by paying a $75 deposit fee.
The irony ofthe whole situation is that since October 1995, I have been writing a check written on an
account solely under my name and at no time did anyone from your organization turn away my check
because it was not written by the person listed on the water/sewer account. How fair is that situation.
To add insult to injury, in addition, I was also told that on my next billing I would see an additional
$25 service charge.
I understand the rules and regulations which public agencies follow, better than most people, for not
only have I worked for your agency, I continue to work in the public sector. Therefore, I feel that there
could be some compromise for long time customers such as myself. There is a lot to be said for
customer service.
I want to thank you for allowing me to voice my complaint. I have learned through the years that
"nothing ventured, nothing gained."
ACCOUNT
NUMBER
1. 0010020-01+
2. 0010048-07+
3. 0081519-02+
4. 0251411-06+
5. 0252055-02+
6. 0252072-03+
7. 0411115-00+
8. 0430092-01+
9. 0510010-00+
10. 0520047-04+
11. 0620145-00+
12. 0630081-00+
13. 0730153-00+
14. 0730186-03+
15. 0820156-06+
16. 0830195-00+
17. 0910041-08+
18. 0930066-00+
19. 0930300-07+
20. 0940170-01+
21. 1020138-00+
22. 1020162-09+
23. 1050033-07+
24. 1110193-00+
- 25. 1130218-11+
26. 1140018-00+
RELEASES OF LIEN
MAY 10, 2004
OWNERS
NAME
Page 1 of2
PROPERTY
ADDRESS
AMOUNT
OWED
$ 132.80
$ 160.88
$ 116.72
$ 137.90
$ 20.59
$ 67.50
$ 56.73
$ 72.58
$ 354.31
$ 145.85
$ 195.03
$ 250.69
$164.31
$ 95.68
$ 34.02
$ 18.49
$ 95.85
$ 60.73
$ 162.20
$ 49.41
$ 35.25
$ 80.14
$ 42.78
$ 47.31
$ 16.00
$ 61.33
- 27. 1161220-07+
28. 1210096-00+
29. 1320242-08+
30. 1350024-04+
31. 1441720-02+
32. 1442004-00+
33. 1540011-00+
$165.16
$ 112.93
$ 19.72
$ 65.95
$ 138.43
$ 43.70
$ 12.06
TOTAL
;?5í" $3,233.03
+PAID THROUGH TAX ROLLS
Page 2 of 2
r\n!", East Valley
t' " II Water District
May 19, 2004
MEMORANDUM
From:
Steve Santini an1orm Terry
Robert Martin ~
Employee Recognition
To:
Subject:
On May 18th, Mary Wallace received a phone call from Mr. Ken Lawson,
an East Valley Water District customer, who resides at in
the City of Highland. Mr. Lawson called to express his appreciation for the
efficient and professional manner in which you handled his plea for help at his
residence. Your response to a problem in the neighborhood regarding excessive
air in the lines, and your discernment of the job did not go unnoticed. Therefore
I, and the Board of Directors, wish to express our appreciation to you for a "job
well done" and to thank you for helping us maintain good relations with our
customers. We are most appreciative.
REM:mew
cc: Paul Ooller
Personnel File
)
EAST VALLEY WATER DISTRICT
AFTER HOURS WORKSHEET
2004
(1) (1A) (2) (2A) (3) (4) (5) (6) (7) (8) (9) (10) (11)
TURN TURN PRESSURE LEAKING NO MAIN SERVICE FLOWING WATER SEWER MANHOLE
MONTH ON OFF HI LOW METERS WATER LEAKS LEAKS WATER QUALITY STOPPAGE OVERFLOW MISC TOTAL
JAN 26 16 2 5 3 4 5 5 7 73
FEB 37 14 2 7 4 7 4 2 6 83
MAR 26 12 4 7 4 7 10 1 3 6 80
APR 31 18 5 8 4 11 9 4 5 95
MAY a
JUNE a
JULY a
AUG a
SEPT a
OCT a
NOV a
DEC a
TOTAL 120 60 0 13 27 15 29 28 a 1 14 a 24 331
EAST VALLEY hER DISTRICT
HIGHLAND SYSTEM
MAIN LEAK SUMMARY
2004
MONTH 1998 1999 2000 2001 2002 2003 2004
JANUARY 7 2 0 4 3 2 1
FEBRUARY 2 1 0 1 1 2 1
MARCH 3 2 1 4 2 3 1
APRIL 4 0 0 4 6 2 8
MAY 6 0 0 3 3 2
JUNE 4 0 3 7 6 4
JULY 4 1 2 2 9 7
AUGUST 3 1 4 8 4 6
SEPTEMBER 3 2 5 2 7 3
OCTOBER 5 2 6 5 2 4
NOVEMBER 0 3 3 1 2 5
DECEMBER 0 3 2 2 4 2
TOTAL 41 17 26 43 49 42 11
5.1.1W
EAST VALLEY trER DISTRICT
MAIN LEAK SUMMARY
2004
MONTH 1998 1999 2000 2001 2002 2003 2004
JANUARY 4 4 1 7 1 3 1
FEBRUARY 3 9 3 1 1 0 2
MARCH 7 6 8 2 0 4 5
APRIL 11 1 4 6 3 2 1
MAY 10 4 1 7 2 5
JUNE 13 5 8 4 1 5
JULY 15 4 8 8 2 1
AUGUST 7 8 2 5 0 3
SEPTEMBER 11 6 5 1 0 2
OCTOBER 6 2 3 1 3 0
NOVEMBER 12 5 2 1 6 3
DECEMBER 4 2 5 5 4 5
TOTAL 103 56 50 48 23 33 9
5.1W
EAST VALLEY WATER DISTRICT
METERED CONSUMPTION SUMMARY
2004
MONTH 1998 1999 2000 2001 2002 2003 2004
JANUARY 1339 1529 1620 1503 1368 1444 1289
FEBRUARY 968 1098 1170 1098 1277 1232 1291
MARCH 969 1236 1212 1075 1423 951 1163
APRIL 1061 1311 1438 1264 1422 1272 1842
MAY 1324 1205 1526 1672 1657 1392
JUNE 1556 1630 2308 2133 2025 2090
JULY 2123 2289 2465 2416 2665 2235
AUGUST 2353 2365 2362 2443 2296 2727
SEPTEMBER 2411 2347 2546 2449 2300 2574
OCTOBER 1956 2108 1857 2058 1950 2125
NOVEMBER 1551 1801 1525 1765 1440 1857
DECEMBER 1456 1659 1388 1273 1328 1282
TOTAL 19067 20578 21417 21149 21151 21181
EAST VALLEY WATER DISTRICT
METERED CONSUMPTION
2004
(A) (B) (C) (0) (E)
CURRENT MONTH CURRENT MONTH
CURRENT MONTH 5 YEAR PRIOR YEAR 5 YEAR MEANS PRIOR YEAR
MONTH CONSUMPTION MOVING MEAN CONSUMPTION (A/B)-1 x 100 (A/C)-1 X 100
JANUARY 1289 1472 1444 -12.42 -10.73
FEBRUARY 1291 1122 1232 15.04 4.79
MARCH 1163 1183 951 -1.69 22.29
APRIL 1842 1299 1272 41.78 44.81
MAY 1477 1392 -100.00 -100.00
JUNE 1930 2090 -100.00 -100.00
JULY 2392 2235 -100.00 -100.00
AUGUST 2364 2727 -100.00 -100.00
SEPTEMBER 2411 2574 -100.00 -100.00
OCTOBER 1986 2125 -100.00 -100.00
NOVEMBER 1616 1857 -100.00 -100.00
DECEMBER 1421 1282 -100.00 -100.00
TOTAL 5585 20672.4 21181 -72.98 -73.63
~=.
,--
The JCW A Presents
Znd Annual ZOO4
Loma Linda
Ronald McDonald House
Golf Tournament
.~
~
Friday, July 9, :1004
7:30 a.m. "Shotgun StaI't"
Fol'lllat: FoUl' Person SCl'alllble
Location: EI Raacbo Verde Country Club
US East Country Club Drive, Rialto, CaUlol'llia
(909)87S-5346
Event Times En Fee 75 er/Golfer
6:00 a.m. - Check in Includes: Green fees, Cart, Lunch,
6:30 a.m. - Putting Contest Individual Goodie Bags and Awards
7:30 a.m. - "Shotgun Scramble Start" LUNCH ONLY - $20.00 per guest
12:30 p.m. - Lunch, Awards, and Raffle tJí' ".;; --- ~
No Host Bar
Registration required by Friday, JUDe :IS, :1004
Sltace is Umited to First 144 Golfers
Registration and Sponsorship IDlol'lllation on reverse side
Sponsorship PackaJ(es Available
JI'
@_!
"Tee"
$100.00 Sponsor's name. win be displayed at designated tee lo('.ation.
-:--==="l'Yffinc.Cont(!s(" $150.00 Sponsor's name win be displayed at the putting contest as
exciusive sponsor oillie competition.
"PP;.ð"
. tw...
$200.00 Sponsor's name w1H be displayed on the prize sponsor banner.
"Cioset to Pin"
$300.00 Sponsor's name wiii be òispiayeò at the dosest to the pin, hoie
as the exciusive sponsoroithe competition.
"Longest Drive" $150.00 Sponsor's name win be displayed at the longest drive hole as the
exclusive sponsor at the competition.
"Straighiest
Drive"
$150.00 Sponsor's name wH! be displayed at the straightest drive hole as
the exdusive sponsor at the competition.
"Hole in O¡~e"
$300.00 Sponsor's name will be displayed at the hole in one tee as the
exdusive sponsor of the competition.
8HÏCÏaI. -, Eltã-~
~---
~ Siagle or MUlti~le Player-;";'¡; '~g he accepted
Please mail this fol1fl to: ICWA, P.O. Box 578, Rialta, CA 92377
by Fridav-June 25, 2004, Attention: Betty Getz
Day TIme Phone:
Day TIme Phone:
Perm
Golfer's Name:
Goifer's Name:
Golfer's Name:
Goifer's Name
Da-¡ TIme Phone:
Day TIme Phone:
Company Name:
Aååress:
City:
State: - Zip Coàe:
- Lunch Guest Only $20.00 par Gusst Guest(s) Namss:
- Yes, i wouiå iike to åonate a prize for the raffie. Prize to be åonated:
- ¡ would ¡¡¡Ii: to b~ a Spenser $~-
- ¡cannot piay, but wouiå iike to åonai:e $
Please make chl!1Cks payble to: !CWA!Go/fToumllment
For more iiiro;matioii, ¡¡iease caii Cf¡airpersans jaii Trotter í9C-;¡¡3õ4-2821 ar ROii Reed ífiliii¡ii82-7ij99