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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 06/22/2004 ......, DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING JUNE 8, 2004 MINUTES The meeting was called to order at 2:00 p.m. by President Wilson. Director Goodin led the flag salute. PRESENT: Directors Lightfoot, Negrete, Goodin, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, Administrative Assistant; Mary Wallace, Administrative Assistant; Gary Sturdivan, Regulatory Affairs Coordinator "-' LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Charles Roberts (Highland Community News), George Marquiz (GMID), Gary Miller (GMID), Roger Allen (GMID), Josh Merel (Sander Kessler) APPROVAL OF AGENDA Pursuant to Government Code Section 54956.2(b)(2), the Board detennined by unanimous vote, and at the request of the General Manager, Robert Martin and Vice President, Kip Sturgeon, to add the following NEW BUSINESS items to the Agenda as the need to take immediate action thereon arose after the Agenda was Posted: 12a. DISCUSSION AND POSSmLE ACTION REGARJ)ING A PROPOSAL TO RENEW THE DISTRICT'S WORKER'S COMPENSATION INSURANCE WITH CRUM & FORSTER. ,..., ISa. DISCUSSION AND PossmLE ACTION REGARDING CLOSURE OF THE DISTRICT OFFICES ON JUNE 11, 2004, IN OBSERVANCE OF FORMER PRESIDENT RONALD REAGAN'S MEMORY. Minutes: 06/08/04 ------ ~ M/S/C (Negrete-Lightfoot) that the June 8, 2004 Agenda be approved as Amended. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 2:05 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF SPECIAL MEETING MINUTES (BOARD WORKSHOP) FOR MAY 24, 2004. M/S/C (Lightfoot-Goodin) that the May 24, 2004 Special Workshop Meeting Minutes be approved as submitted. APPROVAL OF BOARD MEETING MINUTES FOR MAY 25, 2004. M/S/C (Lightfoot-Goodin) that the May 25, 2004 Board Meeting Minutes be approved as submitted. " RESOLUTION 2004.11 - EXECUTION OF AN EASEMENT QUITCLAIM: DEED TO IDGHLAND ORCHARDS ASSOCIATED, LLC, was presented to the Board for approval. M/S/C (Lightfoot-Goodin) that Resolution 2004.11 be approved. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. M/S/C (Lightfoot-Goodin) that the liens for delinquent water and sewer accounts be approved for processing as submitted. DISBURSEMENTS M/S/C (Lightfoot-Goodin) that General Fund Disbursements #197458 through #197641 distributed during the period of May 26, 2004 through June 3, 2004 in the amount of $1,406,877.53 and Payroll Fund Disbursements for the period ended May 28, 2004 in the amount of $84,007.23 totaling $1,490,884.76 be approved. ~ Minutes: 06/08/04 '-' DISTRICT HEADQUARTERS REVIEW AND SITE UPDATE The General Manager asked Gary Miller (GMID) to update the Board on the District facilities and the altemative option for the ground footprint. Gary Miller and George Marquiz presented information regarding an alternative building revision outside of the contaminated excavation circle. Information only. RADON RULEIPERCHLORATE RULE UPDATE The General Manager stated there was nothing new to report on the Radon or Perchlorate Rules. Information only. LISTING AGREEMENT EXTENSION WITH JIM CIMINO REALTY FOR THE 13-ACRE PARCEL LOCATED AT 5TH AND WEBSTER STREETS IN mGHLAND, CA. was presented to the Board for review and approval. M/S/C (Lightfoot-Negrete) that the listing agreement extension through June 8, 2005 be approved. ......., DISCUSSION AND POSSIBLE ACTION REGARDING THE NOMINATION FOR THE POSITION OF REGULAR SPECIAL DISTRICT MEMBER OF LAFCO OPENING MAY 24, 2004 THROUGH 5:00 PM ON JUNE 23, 2004. No action was taken. DIRECTORS FEES AND EXPENSES FOR MAY 2004 were presented to the Board for approval. MIS/C (Lightfoot-Negrete) that the Directors Fees and Expenses for May 2004 be approved. A PROPOSAL TO RENEW THE WORKER'S COMPENSATION INSURANCE POLICY WITH CRUM & FORSTER WAS PRESENTED TO THE BOARD FOR APPROVAL. Josh Merel (Sander Kessler) presented a proposal for worker's compensation coverage to be effective July 1,2004 to July 30,2005. Director Lightfoot expressed concern that Board members are not included in the coverage. w Minutes: 06/08/04 ..... Vice President Sturgeon requested we look at CSDA and ACW A for quotes for group programs next year. Director Goodin supports the proposal. MlS/C (Lightfoot-Negrete) that the proposed renewal of the Worker's Compensation Insurance package from Crum & Forster be approved. PROPOSAL FOR FURNITURE AND APPURTENANCES FOR INTERIM DISTRICT HEADQUARTERS was presented to the Board for review and approval. Vice President Sturgeon asked if all the furniture meets the LEED specifications. Director Goodin requested information regarding the LEED point difference on furniture that is from "Special Forests". MlS/C (Lightfoot-Negrete) that the proposal for the furniture and appurtenances for the interim District Headquarters be approved. THE "2003" CONSUMER CONFIDENCE REPORT FOR EAST VALLEY WATER DISTRICT was presented to the Board for review and approval. ...., Vice President Sturgeon requested future Consumer Confidence Report be printed on recycled paper. MlS/C (Sturgeon-Goodin) that the "2003" Consumer Confidence Report be approved as submitted. ELECTION OF REPRESENTATIVES FROM ACW A MEMBERS FOR THE NWRA CALIFORNIA CAUCUS. The candidate's selected by the Board to a representative position for the NWRA California Caucus are: Andy Home, (Imperial Irrigation District); Tellis Codekas, (Coachella Valley Water District); Lawrence ML Libeu, (San Bernardino Valley WCD); Gregory A. Zlotnick, (Santa Clara Valley Water District). DISCUSSION AND POSSIDLE ACTION REGARDING CLOSURE OF THE DISTRICT OFFICES ON JUNE 11, 2004. MlS/C (Negrete-Lightfoot) that the closure of the District Offices on June 11, 2004 be approved in observance of former President Ronald Reagan's memory. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. ,., List ofliens released on June 1,2004 was reviewed. Information only. 4 Minutes: 06/08/04 ........ WATER QUALITY CONFERENCE BUDGET UPDATE (CFO) Brian Tompkins, Chief Financial Officer, presented an update to the Board on the Water Quality Conference Update. Information only. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that there is an article in the Press-Enterprise. com regarding the Environmental Protection Agency (EPA) , presented a copy of a letter written to the EP A from Dan Smith, Director of Regulatory Affairs; that we had received the A WW ARF report regarding Bioreactor Systems for Treating Perchlorate-Contaminated Water: Bench-and Pilot-Scale Investigations; The General Manager introduced Gary Sturdivan who presented an update to the Board on the requirements regarding the FEMA Hazardous Mitigation Program. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS ~ Vice President Sturgeon said he would be unable to attend the Public Hearing on June 29, 2004; commented on an article in Newsweek May 17, 2004 on the troubles the "Extreme Home Winners" are experiencing; commented on an article regarding fleet management systems, and possibly talking to other agencies including Patton State Hospital; presented a picture of a wireless site that was constructed to look like an old water tank. Information only. Director Goodin expressed his gratitude to staff for getting a copy of the Worker's Compensation proposal for review prior to the Board Meeting. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. ICWA TOUR AND PICNIC, DIAMOND VALLEY LAKE, JUNE 10,2004. Information only. ASBCSD SEMINAR HOSTED BY WEST VALLEY WATER DISTRICT AT COUNTY OF SAN BERNARDINO BEHAVIORAL RESOURCE CENTER, JUNE 18,2004. Information only. ASBCSD MEMBERSHIP MEETING HOSTED BY YUCAIPA VALLEY WATER DISTRICT AT PGA OF SOUTHERN CALIFORNIA GOLF CLUB IN CALIMESA, JUNE 21, 2004. Information only. '-' Minutes: 06108/04 ..., '~ w ACW A CALIFORNIA ELECTRIC SUPPLY ISSURES HOSTED BY ACW A AND SCE AT CTAC IRWINDALE, JUNE 24, 2004. Information only. SAN BERNARDINO AREA CHAMBER OF COMMERCE, BUSINESS AFTER HOURS, HOSTED BY SAN BERNARDINO HYUNDAl, 735 SHOWCASE DRIVE, NORTH, JUNE 24, 2004. Information only. CLOSED SESSION The Board entered into Closed Session at 4:02 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on, and added to, the Agenda. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 4:08 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except, by a 5-0 vote, the Board of Directors authorized Legal Counsel to issue a default notice to pay delinquent rent or quit on the golf course sublease with CLC Developers. ADJOURN The meeting was adjourned at 4:10 p.m. until the next regularly scheduled Board Meeting on June 22, 2004. George E. "Skip" Wilson, President Robert E. Martin, Secretary 6 Minutes: 06/08/04 CI Corporate CITIZENS Reaolutj,on BU'IN...I\.U« 2004.13 Authorization Master Agreement Business Deposit Accounts Pori No. '-' i~ ~~.::.~.=:. ~:=,~::::~":':~i:.-:~'~ 'M~P::' ::.:':'..; ~~~:::::. ~:::: :'::::~~:"'."::',':;, ~~I:":':~~~I~~;'~ y~~.=.:':' O~~~;":: :;'.',:'~::::'T' "" " ~~:,:;r :æfii:~~iiF~~ ~?:.~~13!,I~:æ,~~'$ S~n'!h~,3~:ffi ",..",,- "',,",,ltomo .',o~ pay... """"" ~"" o"'~..",.",.,,'"",," ~,.b" ~.."',,"'"" '" maynly" .'0 "."'u",,' ~,..'" 0=1101110",.'_""'"" ~"" ~"'" tho """'",.,, .... "Woo "".n ~ """..... '=110' :::.'.:'."~":"'.~..""~"'-"O""',".'of""~."."U",o.."."""",,,"."ro"""'0'" Busin...lnformation (Complete appropnate .ectlon) SOLE PROPRIETOR D"" Y"on,..,'ItO""""......""m." ~~~~r,¡~:::~':~,"::~;,",~~ ..:.,~.~ ~ ~~'~',¡'~'.:=",;,;,=..tabl.' ". " mon Si"oNn T,.. "P'.' H.m. c....~ 0 LIMITED LIABILITY COMPANY D.., 0 PARTNERSHIP (i.d,'e'. ,en".I, 11m'.'. or limited lIabUiIy pa""enhipi H...",O""",.", Do'ng""""""'. """"""""'".","'o",'"'"a"'".E"""""""""""b""o,,,',,',","'" .IM., ~...bI"" '".',~'.u'M'","m".a=M"""" """,,' ."""", ,,"",. ""m ::~~.~{,~~:~';:'~::~ ':,1',1':,',',::.'e;':,':,o.:I,::;' :i'~.'~;::';~'1:%~?~~'~~~~~i~~ g~~~~a~~~' :-:'~":;' :,:"X.:.A~"t~%':,'= :::.~:'."'.r ,:,~.~~~~~R,~ ~.~11.~r~~ ~: MAN"'GERS"""~m"". DI'mER(S)iMEMaERIS), ). SI""",. T"""'riol"a",. 3. S',"run T"" " P,", Nam. ,. s,"""~ T""'P"oIN.m. 2. SI,'..'n ,.",","oIH.m. -~ 0 CORPORATION 0.." ~ 0 ASSOC(ATION O~"",."","""'I N."",'O".."",,", """altO"'......, RESOLVEO."." '~"""o" """'0' '" "m... """" ""',," (.. a,"""",.".,,,~""..ion ..""r,,,.."'a_.""'" ."""""""""""0"" "" 'ppo,,"'~o'" .", '~'"',"on '"' " mo", ""'" """". """ ".,".""m""'~'m...n"",~o,,,.to Alt.""",.""", Si,.,run Si"",,"n """0"" roo a"", ~opon. "."'" ..'" S."run . S."."~ Ch""."",.D"~""'MPm"'~"""'"po"""~'nli""ItO,""'ta.."",..",""" """olm"""""",,. N this Is an a,oncy account or olher similar accounl, compl.,o Iho a",op"ale Bu,""" 'nformaUon socll,n sbovo snd check Ih, s"roprlat' box b,low: o,-.,T",' oR..IE'ta.""ke'T~" Os"".,,"",. o"".""',oo""m'"T." 0 s.,.. "a""...",., Do.... Tax Reporllng Information Taxpay" Id,nUfi"Uon Humb,,: 0 u.... Emptoy" """"'tiM "'m'" OR 0 U"..S""a' 50"', Nombo' ,.., """"""~"O",""~.,,..T.l.N "",., """. Wlthh"dln, Slalu", P"", "u """.,,: 0 ~:. ~J:';"¡~~lg,~;, ""'" 'OJ "'mo' 0 :-:, ~~,:,g:; ~~'ir.~':::¡ ;':."~, ~~ 0 I .m. us ""'" (".OId'., . us .",,"' :':ii,~,,:~¡, "~:o:~',. '~\iO;:.,~",,~~~:: ,",,' ,.""" " """", N,nr..idonIAllon Stalu, (lfa"lic.bI,), Dc....""."""",... "'0"".' .ppli"'te F,~(oIW.8i1"""",""~",""'~""",.""","",n'",0""th.U"",S.'""",. R"g.S." PlEASE FIll OUT REVERSE SlOE M.m"rFD'C mL' OF ACCOUNTISI B"i""Add~.. Phon'Ho. PORTHO. I.S"""""'C""""'" I 5'_'" ",C,"'O'.d Bank may pay oul ,",ds with any (numb"! of the slgnaw",s below. AUTHORIZEC SiGNATURE(S) 'wf ,. SIGNATURE NAMEITITLE I Cate SOCIAL SECURITY NO. IDENTIFICATION 2. SIGNATURE --I NAMEITiTLE 10ate SOCiAl SECURITY NO. iDENTiFICATiON 3. SIGNATURE "-'" --I NAMEITiTLE 10'te SOCIAL SECURITY NO. IDENTIFICATION 4. SiGNATURE -.1 NAMEITITLE loate SOCIAL SECURITY NO. ICENTiFiCATION You ag'.. that the w,"on 'nlo""a'on wo gi" you is part of your ag,eemenl with u, aod loll, you the ",","I Ie"", of 0", deposit a""ounts. ~ By "gnlng .,Iow. you c'~lfy und" penolly of pe' ing Information ,et fc~h on Iho """" I' tru, o"d compi,t,. S.,",M' ~ s.""'~ Ty " Priot N,.". Accounts Established Under This Agre.me~t The written I,fc"".'o' wo g'" you and the I" ",po..ng inl"""ation you g"e us on this ..'c apply'" eoc' acccunl cpened "dor Iho agreemenL WI .ccou" "FO"'~"O' TYPE ACCOUNT' Cate I Fic,"cus T",de Nome "..,.... "ee'"d, 0 QFAC v".'oo", [J Ch"5""",, .NEW'ÁCCOUNT INFORMATI'öN ..:' i;(~Qjy;iDUAL Q~'AÜ:n:iORIZEQ ~I.GNER , DATE ! I PORT # I ACCOUNT# I I authorize Citizens Business Bank to obtain information regarding my identity, credit history, and other banking history from a consumer-reporting agency. I understand that this information will be used in conjunction with the request to open or modify a ~ deposit account being submitted by the persons listed above. I further understand that information in the credit report results in a decision to either disallow my signing authority on the account or disallow opening the account. Citizens Business Bank will communicate this fact to owners and/or authorized signers of the (proposed) account. I further authorize Citizens Business Bank to obtain such information at any time from one or more consumer reporting agencies that It may choose as long as I am an h . aut onzed sioner on the account. Signer #---L- Signer #~ Name Robert E. Martin Brian W. Tompkins 'Tax Identification # 'NEW ACCÖUNT iNFORMATION <.:.' . DATE ,.INDIVIDUAL OR""'UTHÓRIZ~b SIØ~É'~: ': I PORT # l I ACCOUNT# I authorize Citizens Business Bank to obtain information regarding my identity. credit history. and other banking history from a consumer-reporting agency. I understand that this information will be used in conjunction with the request to open or modify a deposit account being submitted by the persons listed above, I further understand that information in the credit report results in a ~ decision to either disallow my signing authority on the account or disallow opening the account. Citizens Business Bank will communicate this fact to owners and/or authorized signers of the (proposed) account. I further authorize Citizens Business Bank to obtain such information at any time from one or more consumer reporting agencies that it may choose as long as I am an h d' h aut orize sloner on t e account. Signer #~ Signer #~ Name Justine Hendricksen Georo:e E. "Skio" Wilson 'Tax Identification # Birth Date Birthplace Mother's Maiden Name Previous Bank Signature ..' " - ... ~." - Mail/Hold Statement - Check Order - On-Line Banking - Funds Transfer Resolution - Facsimile Resolution - Other: \ '. ~;~ :,", ,. - ... CIP Identification Type Number Place of Issuance Issue Date Expiration Date Signer # - Signer # - Description of non-documentary verification methods: - ChexSystems - OFAC - Previous Bank - Thank You Letter - Other (describe): Description of any discrepancies: - No discrepancies found Description of how any discrepancy was resolved: CIPP Performed by: CIPP Reviewed by: ,..., 1 See Customer Identification Program Procedures for acceptabl DATE PORT # ACCOUNT# I authorize Citizens Business Bank to obtain information regarding my identity, credit history, and other banking history from a consumer-reporting agency. I understand that this information will be used in conjunction with the request to open or modify a . deposit account being submitted by the persons listed above. I further understand that information in the credit report results in a ~ decision to either disallow my signing authority on the account or disallow opening the account. Citizens Business Bank will communicate this fact to owners and/or authorized signers of the (proposed) account. I further authorize Citizens Business Bank to obtain such information at any time from one or more consumer reporting agencies that it may choose as long as I am an authorized signer on the account. Name 'Tax Identification # Street Address City, State Zip Code Mail Address Mail City, State Mail Zip Code Home Phone Business Phone Occupation Employer Birth Date Birthplace Mother's Maiden Name Previous Bank Signature _..J , ," .. , . " . e .. ,. - MaiVHoid Statement - Funds Transfer Resolution - CIP Identification Signer # Signer # - - Check Order - Facsimile Resolution On-Line Banking - Other: - ~ [, n Place of Issuance Expiration Date .. .. ~ Type Number Issue Date Description of non-documentary verification methods: ChexSystems = Thank You letter OFAC - - Other (describe): Previous Bank - Description of any discrepancies: - No discrepancies found Description of how any discrepancy was resolved: CIPP Performed by: ~ CIPP Reviewed by: 1 See Customer Identification Program Procedures for acceptable TiN if individual does not have a Social Security Number. Revised October 1. 2003 Retain for 5 years ~J~~u~(j~¡lNJ~~~~i~~Ñ~';r~~;-c i;1 DATE I PORT # l I ACCOUNT# I authorize Citizens Business Bank to obtain information regarding my identity, credit history, and other banking history from a consumer-reporting agency. I understand that this information will be used In conjunction with the request to open or modify a "- ....deposit account being submitted by the persons listed above. I further understand that information in the credit report results in a -- decision to either disallow my signing authority on the account or disallow opening the account. Citizens Business Bank will communicate this fact to owners and/or authorized signers of the (proposed) account. I further authorize Citizens Business Bank to obtain such information at any time from one or more consumer reporting agencies that it may choose as long as I am an authorized sioner on the account. Signer #...:::L.. Signer#~ Name Edward S. Ne~rete Donald Goodin 'Tax Identification # Birth Date Birthplace Mother's Maiden Name Previous Bank Signature -...J '.." "< ., .. , " Ø,¡ " <.. .. - Mail/Hold Statement - Check Order - On-Line Banking - Funds Transfer Resolution - Facsimile Resolution - Other: " ', JliL' .. ,>' . .~" , CIP Identification Type Number Place of Issuance Issue Date Expiration Date Signer # - Signer # - Description of non-documentary verification methods: - ChexSystems OFAC - Previous Bank - Thank You Letter - Other (describe): Description of any discrepancies: - No discrepancies found Description of how any discrepancy was resolved: ..-- "" East Valley Water District Balance Sheet - Unaudited May 31,2004 ASSETS UTILITY PLANT - at cost: Utility plant in service - water department Utility plant in service - sewer department Less: Accumulated depreciation $75,060,317 21,994,170 97,054,487 (31,836,360) 65,218,127 11,462,606 2,219,649 Construction in progress Land held for resale 78,900,382 ~ RESTRICTED ASSETS: Water department - bond funds - cash In bank Certificate of Participation reserved funds - cash in bank Reserved funds - designations. cash in bank 6,475 972,001 2,186,450 3,164,926 CURRENT ASSETS: Cash and Investments Less: Restricted Cash and Investments Accounts receivable (net of allowance) Other receivables (net of allowance) Inventory Prepaid expenses 10,384,624 3,164,926 7,219,697 1,078,374 78,885 867,518 228,700 9,473,174 OTHER ASSETS AND DEFERRED COSTS (Net of Amortization): Bond discount and incidental bond expenses Deferred financing charges 21,659 369,558 391,217 TOTAL ASSETS $91,929,700 ~ .. ~ East Valley Water District Balance Sheet - Unaudited May 31, 2004 LIABILITIES AND EQUITY LONG-TéRMDEBT: Certificates of Participation due after one year Less: Deferred amount on refunding of COPs $12,234,901 (644,447) 11,590,454 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 1,520,599 403,353 1,244,983 2,500 6,475 270,150 1,726,266 5,174,326 w TOTAL LIABILITIES 16,764,780 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 2,335,045 75,164,920 TOTAL LIABILITIES AND EQUITY $91,929,700 ~ c OPERATING REVENUES: Water Sales & Services Sewer Services OPERATING EXPENSES: SOURCE OF SUPPLY PUMPING PLANT WATER TREATMENT SEWER TREATMENT -CityofSB TRANSMISSION & DISTRIBUTION CUSTOMER ACCOUNTS - Meter Shop SEWAGE COLLECTION ADMINISTRATIVE & GENERAL Supervision and Labor Directors Fees & Expenses Materials & Supplies Fuel & Power Utilities & Telephone Office Supplies & Expenses Facilities & Equipment Expenses Other Contracted Services Outside Storage Rental Professional Services Regulatory & Compliance Employee Programs General Insurance Employee Benefits EducatlonlSe minarslConferences Miscellaneous Depreciation Total General and Administrative Total Operating Expenses OPERATING INCOME ( ( East Valley Water District Statement Of Revenues And Expenditures - Unaudited For the Eleven Months Ending May 31, 2004 $950,450 $825.400 $125,050 $9.760.845 $8.949.500 $811,345 587,351 556,450 30.901 8,172.235 6.122,450 49,785 1.537801 1.381,850 155,951 15,933,080 15,071,950 861.130 12,394 26,000 13,606 530,033 364.000 (166,033) 276.319 263.000 (13,319) 2.547,943 2,720,000 172,057 45.754 36,700 (9,054) 324,417 396,300 71.883 394.444 372,000 (22,444) 4,249,154 4,052.000 (197,154) 49.080 46,450 (2,630) 503,525 506,650 3.125 40,507 27,000 (13,507) 344.318 305.000 (39.318) 17,496 23,000 5,504 215,038 256,000 40.962 103.648 105,375 1.727 1,311,139 1,162,750 (148,389) 7,077 8,416 1,339 70.935 91.782 20,847 126 (126) 126 (126) 1,088 6.850 5.782 39,612 79,150 39.538 8,710 5,000 (3.710) 60,233 55,000 (5,233) 18,275 16,150 (2,125) 260.453 222.850 (37.BO3) 39.287 34.550 (4,737) 394,821 379,700 (15,121) 3,502 11,500 7.998 3.502 119,500 115,998 5,248 (5,248) 33.050 26.125 (6,925) 374,264 284.075 (90,189) 4,210 5,325 1,115 21,169 58,775 37.606 1,100 1,100 11.971 11.900 (71) 46,311 35,400 (10,911) 407,005 389,600 (17,405) 84.847 78.500 (6.347) 924,661 860,500 (64,161) 11,342 7.500 (3,842) 70,143 82,600 12,457 1.617 1,960 343 30,427 22.020 (8,407) 178,880 (178,880) 1.944,900 (1,944,900) 541,950 343,751 (198.199) 5.930,607 3,820,202 (2,110.405) 1,377,944 1,137,901 (240,043) 14,645,036 12,420,152 (2,224,884) 159,85~ 243,949 {M,093) 1,288,044 2,651,798 (1,363,754) « NON-OPERATING ACTIVITY: Revenues: Interest Income Other Income Contributions Gain on Sale of Fixed Assets Expenses: Amortization of bond discount Amortization of purchase agreement cos Debt Service: 1996 COP Prinicpal 2001 COP Principal InterestonLTDebt Total Debt Service Capital Expenditures: Water Rights Wells Pumping Plant Treatment Plant Reservoirs & Tanks Pipeline-Water Pipeline-Sewer Meters & Services Buildings Vehicles & General Equipment Office Furniture & Equipment EXCESS OF REVENUE OVER EXPENDITURES: Add Back Capital Expenditures & Principal NET INCOME ( ( East Valley Water District Statement Of Revenues And Expenditures - Unaudited For the Eleven Months Ending May 31, 2004 $5.083 30.388 ---Æ1Q 35,871 305 .!12§ 9,841 5,270 2.866 984 88,139 790 21.596 4,833 80 6,377 130,935 55,511 130,935 186,447 55,983 $5,083 $108.899 $225.000 ($116,101) (25,595) 1.197,019 616.766 580.253 133.648 133,648 ---Æ1Q 4.832 4.832 ~ 1,444,398 841,766 (602.632) (305) 3.356 (3,356) (9.536) 104,899 (104,899) (9.641) 108,254 (108.254) 640.000 640,000 885.000 885,000 560 289,142 354,360 65,218 - 560 1,814.142 1 879,360 65.218 1.250 25,414 13,750 (11.664) (5,270) 192,682 (192,682) 8,500 329.884 93,500 (236.384) 2,134 56,739 56.000 (739) 10,017 34,628 242,000 207,372 (48,139) 474,847 507,500 32,653 19.210 (26,928) 237.500 264,428 (10,596) 173.100 148,000 (25,100) 45,167 112.164 430.000 317,836 (80) 205,362 205.000 (362) (2,377) 45,417 25,000 (20,417) - 19,815 1,623.308 1.958,250 334,942 (93,671) (813,264) (344,046) (469,218) 19,815 3,148,308 3,483,250 334,942 (113,485) 2,335,045 ~139,204 (804,159) 55,983 (560) (5EìQ) 1.250 8.500 5,000 11,000 40.000 20,000 11,000 50,000 4.000 150,750 149,182 150,750 299,932 CERTIFICATE OF LIEN JUNE 22, 2004 ...." ACCOUNT OWNERS NUMBER NAME 1. 0020049-05 2. 0191647-03* 3. 0251078-01 4. 0520121-05 5. 0940229.10 6. 1430258-01 TOTAL . STILL OWNS PROPERTY + MULTIPLE UNITS """ w Page 1 of 1 PROPERTY ADDRESS ~ AMOUNT OWED $20.05 $102.29 $43.12 $38.85 $42.45 $947.77 V. $1,194.53 ~ r\ni", East Valley t' " V Water District B~rd Memorandum Date: June 22, 2004 From: Brian W. Tompkins I Chief Financial o~ Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period June 4, 2004 through June 17,2004. Background: '-" Accounts payable checks are shown on the attached listing and include numbers 197642 to 197797 for A total of $588,857.22 The source of funds for this amount is as follows: EPA Grant Funds Unrestricted Funds $588,857.22 Payroll disbursed was for the period ended June 11,2004 included checks and direct deposits. Totaling $91,670.96. Total disbursements- $680,528.18. W' Oate: ~ ay, June 17. 2004 East val( Nater District Page: 'Of 13 Time: 09: "AM Report: "oD.rpt Usee KATHY Check Reaister - Standard Company: EVWD Period: 12-03 As of: 6/17104 Check Check Che<:k VendorlD Pertod Ref Doc Invoice Invoice DIscount Amount Nbr Type Oate Vendor Nam. To Post Closed Nbr Type Number Date Takan PaId Acct/Sub: 13110 000000000000000 197642 CK 6/4/04 ~~~J¡,'/]ON-SARA H 12-03 12-03 035434 VO REA0528O4 6/20/04 0.00 252.50 197643 CK 6/9/04 ~B~002 12-03 035479 VO 941180 6/4/04 0.00 301.47 197644 CK 6/9/04 ~I~ac¡(s WEST 12-03 12-03 035493 VO 103193789 5/31/04 0.00 40.98 197645 CK 6/9/04 ~~J¡,rÓAN CLASSIC SANITATION 12-03 12-03 035480 VO 1-05543 4/23104 0,00 88.66 197645 CK 6/9/04 ~~J¡,r&N CLASSIC SANITATION 12-03 12-03 035481 VO 1-05542 4/23/04 0.00 77.00 Check Total 165.66 197646 CK 6/9/04 ~ 'W~1MANAGEMENT 12-03 035070 VO 1010120-2 5/13104 0.00 9.52 197647 CK 6/9/04 m~01 12-03 12-03 035482 VO 88995010504 5/28/04 0.00 315.06 197647 CK 6/9/04 m!p1 12-03 12-03 035483 VO 42506230504 5/28104 0.00 36.94 Check Total 352.00 197648 CK 6/9/04 R~~~IINATERTECHNOLOGYGROUP 12-03 12-03035556 VO EVW-O801 04 6/1/04 0.00 10,945.00 197649 CK 6/9/04 R~N-JOHN W 12-03 12-03 035555 VO 41538 612104 0.00 1,758.12 197650 CK 6/9104 8~J¡,~-VIRGINIA 12-03 035054 va 80855-5 5/11/04 0.00 11.16 197651 CK 619/04 8~~&WbN U.S.A. 12-03 035484 VO 7898688077405 5/28104 0.00 97.05 197652 CK 6/9/04 8~~R2hcH INTERNATIONAL INC 12-03 12-03 035464 VO EV287 5/26/04 0.00 2,415.44 197653 CK 6/9/04 81:1~~~RD L UTLEY 12-03 035465 VO 0071256 5/24104 0.00 225.00 197653 CK 619/04 81:1~~~RD L UTLEY 12-03 035466 VO 0070452 5/25/04 0.00 210.00 197653 CK 6/9/04 8I:1~~~RD L UTLEY 12-03 035467 VO 0070453 5/26/04 0.00 115.00 Check Total 550.00 197654 CK 6/9/04 88~g'61IDATED REPROGRAPHICS 12-03 035494 va 487363 4/26/04 0.00 241.36 197655 CK 6/9/04 88~~~TON-RACHEL 12-03 035056 VO 10244-3 5/10/04 0.00 33.42 Date: ~ 'y, June 17. 2004 East val( Nater District Page: 'Of 13 Time: 0 ._"AM Report: ""~,rpt User: KATHY Check ReQister - Standard Company: EVWD Period: 12-03 As of: 6117/04 Check Check Check yendorlD -- ----- Period Ref Doc Invoice Invoice Discount Amount Nbr Type Dete Vendor Name To Post Closed Nbr Type Number Oat. Taken PaId 197656 CK 6/9/04 B~~ß'lJG-JACK 12-03 035208 YO 750019-1.1 5/11104 0.00 15.12 197657 CK 619104 B~~'ËtJ~-MARGARET 12-03 12-03 035057 YO 920018-8 5/11/04 0,00 50.61 197658 CK 619104 ~~Bg~\; SECURITY & 12-03 12-03035470 YO ENDO504 611/04 0.00 7.602.75 197658 CK 619/04 ~~Bg~\; SECURITY & 12-03 12-03035471 YO ENDO504.1 611/04 0.00 8,230.50 Check Total 15,833.25 197659 CK 619104 ~WI~~ IRRIGATION PRODUCTS INC 12'()3 035495 YO 4363692 5/14/04 0.00 85.12 197660 CK 6/9/04 ~~g%AN 12'()3 12'()3 035557 YO CD5020006303 5/28/04 0.00 75.00 197661 CK 6/9/04 ~1~!QiEW FORD SALES,INC 12-03 12'()3 035506 YO 380928 6/2/04 0.00 545.06 197662 CK 6/9/04 Þ8H~% STREET ROCK CRUSHER 12'()3 12'()3 035507 YO 213726 613104 0.00 2,583.85 197662 CK 6/9104 Þ8H~% STREET ROCK CRUSHER 12'()3 12.()3 035508 YO 213633 6/1/04 0.00 274.23 Check Total 2,858.08 197663 CK 6/9/04 ~~~?éL EQUIPMENT CO 12'()3 12'()3 035509 YO 62570 6/3/04 0.00 1,905.02 197664 CK 619104 ~~BIfJkR CONSTRUCTION 12'()3 035062 YO 370019-0 5/10/04 0.00 43.00 197664 CK 6/9/04 ~~~BIfJkR CONSTRUCTION 12-03 035063 YO 370022.() 5113/04 0.00 39.00 Check Total 82.00 197665 CK 6/9/04 ~~~B?~E PARTS COMPANY 12'()3 12'()3 035496 YO 829464 5/27/04 0.83 40.90 197666 CK 619/04 ~8~ß'IiN WESTTIRE 12'()3 12'()3 035510 VO 2899 6/3/04 0.00 244.13 197666 CK 6/9/04 ~8~B'IiN WEST TIRE 12-03 12-03 035524 VO 2910 617/04 0.00 299.61 197666 CK 6/9104 ~8~B'IiN WEST TIRE 12'()3 12-03 035525 VO 2908 617/04 0.00 299.61 Check Total 843.35 197667 CK 6/9/04 ~AA~~'k EQUIPMENT COMPANY 12-03 12-03035511 VO C35126 6/3/04 0.00 2,483.90 197668 CK 6/9/04 ~~E~O¿OMPANY 12.()3 12-03 035485 AD UClO1279391 3/2104 0.00 -600.00 Oate; -t.. ay. June 17, 2004 East val( Nater District Page: 'Of 13 Time: 0 .""AM Report: "oO.rpt Usee KATHY Check ReQister - Standard Company: EVWD Period: 12'()3 As of: 6/17/04 Check Check Check Vendor 10 Period Ref Doc Invoice Invoice Discount Amount Nb, Type Da'e Vendor Nãiii8--'-'--."-'-- To Post Closed Nbr Type Numb... Date Taken Pold 197668 CK 6/9/04 ~~8~0~OMPANY 12'()3 12-03 035497 VO 3790333 3/16/04 0.00 381.89 197668 CK 6/9/04 ~~8~0~OMPANY 12-03 12-03 035498 VO 3837840 4/27/04 0.00 183.08 197668 CK 6/9/04 ~~8~0~OMPANY 12-03 12-03 035512 VO 3877741 6/1/04 0.00 87.50 Check Total 52.47 197669 CK 6/9/04 ~~~~~Š COMPUTER SYSTEMS 12-03 035499 VO XTOOOO0712 5/31/04 0.00 1,250.00 197670 CK 6/9/04 ~~~a~-JESUS M 12-03 035065 VO 250460-2 5/10/04 0.00 16.37 197671 CK 6/9/04 ~18~<¡f- RICHARDSON ASSOCIATES 12-03 035474 VO HICO504 6/1/04 0.00 4,120.60 197672 CK 6/9/04 ~I~~D EQUIPMENT RENTAL 12-03 12-03 035513 VO 84946 6/1/04 0.00 74.50 197673 CK 6/9/04 ~8~~OHN 12-03 12-03 035066 VO 1542812-1 5/10/04 0.00 69.27 197674 CK 6/9/04 ~8~ß~-CIRILO T 12-03 12-03 035085 VO 710031-2 5/14/04 0.00 27.76 197675 CK 6/9/04 18~R01 12'()3 035478 VO ICWO604O4 6/4/04 0.00 100.00 197676 CK 6/9/04 I~~WATER WORKS SUPPLY CO 12-03 035514 VO 139498 6f7/O4 60.15 2,947.16 197676 CK 6/9/04 I~~ WATER WORKS SUPPLY CO 12-03 035515 VO 139499 6f7/O4 128.26 6,284.76 Check Total 9,231.92 197677 CK 6/9/04 I~:¡:~~STATE BATTERIES 12-03 12-03 035516 VO 21244 6/1104 0.00 72.99 197678 CK 6/9/04 ~~8ßiv-MATTHEW 12-03 035086 VO 930286-2 5/14/04 0.00 77.86 197679 CK 6/9/04 ~8~~'1;bN MACHINERY CO 12-03 12-03 035517 VO PCOOO605557 6/6/04 0.00 223.79 197680 CK 6/9/04 ~'Jt1e!1LUMBING SUPPLY 12-03 035500 VO 50882 517/04 0.00 9.47 197680 CK 6/9/04 ~'Jt1e!1LUMBING SUPPLY 12-03 035502 VO 50776 5/6/04 0.00 4.07 197680 CK 6/9/04 ~'Jt1e!1LUMBING SUPPLY 12-03 035503 va 50400 3/17/04 0.00 9.15 197680 CK 6/9/04 ~'Jt1e!1LUMBING SUPPLY 12-03 035504 VO 50878 5/6/04 2.78 23.60 Date: t ay. June 17, 2004 East vall. "vater District Page: 'of 13 Time: 09, oAM Report: 0 ooO.rpl User: KATHY Check Reaister - Standard Company: EVWD Period: 12.()3 As of: 6/17/04 Check Check Check Vendor 10 Period Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendo, Namo .-- ._-~ To Post Closed Nbr Type Number Date Taken Paid Check Total 46.29 197681 CK 619/04 [~Š~S SWIMMING POOL SUPPLIE 12'()3 035518 VO 413-49669 6/4/04 0.00 18.40 197682 CK 6/9/04 ~~8~1.h-JAVIER R 12-03 12-03 035071 VO 150210-2 5/11/04 0.00 65.39 197683 CK 6/9/04 ~~~?~EZ-BECINTE 12-03 035200 VO 5/13/04 0.00 48.23 197684 CK 6/9/04 ~~~~?r1-PAUL 12-03 035211 VO 1231185-3.1 5/14/04 0.00 48.18 197685 CK 6/9/04 ~I[ßI!IEDZKI-JACEK 12-03 035463 VO MILO60204 6/2/04 0.00 1.440.00 197686 CK 6/9/04 ~8~%~-DANIELLE 12-03 035076 VO 1040196-2 5/10/04 0.00 44.33 197687 CK 6/9/04 ~Hß~MP TECHNOLOGIES, INC. 12-03 035505 VO 2004341 617/04 0.00 450.00 197687 CK 6/9104 ~H~MP TECHNOLOGIES, INC. 12-03 035553 VO 20040208 5/6/04 0.00 90.00 Chock Total 540.00 197688 CK 6/9/04 ~~WOJgNERATION LANDSCAPE 12-03 12-03 035077 VO 321193-0 5/11/04 0.00 1,426.32 197689 CK 619104 ~~~~l COMMUNICATIONS 12-03 035472 VO 726242026-025 5/31/04 0.00 1,543.35 197690 CK 6/9/04 Þ~1001 12-03 035476 VO PMI06O4 6/4/04 0.00 568.98 197691 CK 6/9104 ~Bß~CHER-WILLIAM 12-03 035477 VO 170119-1 6/7/04 0.00 10.00 197692 CK 6/9/04 ~~~~WILLIAM 12-03 035080 VO 550350-2 5/10/04 0.00 19.15 197693 CK 619/04 ~Hß1~MARIA T 12-03 035081 VO 20206-7 5/11/04 0.00 4.12 197694 CK 6/9/04 ~~m;~CHRISTINE 12-03 035082 VO 420207-1 5/10/04 0.00 43.62 197695 CK 6/9/04 Š~Þ~-ho 12-03 035519 VO 04-904 6/4/04 0.00 802.20 Oate: -! ay, June 17, 2004 East vall( tlVater District Page: ( ~ of 13 Time: 09: 6AM Report: 03630.rpt User: KATHY Check ReQister - Standard Company. EVWD Period: 12-03 As of: 6/17/04 Check Check Check VendorlD PerIod Ref Doc InvoIce Invoice DIscount Amount Nbr Type Date Ven~-' .-...-..-.----" To Post Closed Nbr Type Number Date Taken Paid 197696 CK 6/9/04 ¡¡B8OO1 12-03 12-03 035486 VO 8620446 5/28104 0.00' 18.37 197697 CK 6/9/04 ¡¡tl~~ PROPERTIES LLC 12-03 035087 VO 620148-8 5/10/04 0.00 178.97 197697 CK 6/9/04 ¡¡tl~~ PROPERTIES LLC 12-03 035088 VO 530226-5 5/10/04 0.00 174.19 Check Total 353.16 197698 CK 6/9/04 ¡¡8<t?R~PUMP & WELL SERVICE 12-03 12-03 035468 VO 35868 5120/04 0.00 3,634.00 197698 CK 6/9104 ¡¡8<t?R~PUMP & WELL SERVICE 12-03 12-03 035469 VO 35723 5124/04 0.00 2.154.33 197698 CK 6/9/04 ¡¡8<t?Af PUMP & WELL SERVICE 12-03 12-03 035554 VO 35616 5/5/04 0.00 16.329.49 Check Total 22,117.82 197699 CK 6/9/04 ¡¡8<t?R~EDISON COMPANY 12-03 12-03 035487 VO 21985734200504 6/4/04 0.00 8,186.19 197699 CK 6/9/04 ¡¡8<tD.RtEDISON COMPANY 12-03 12-03 035488 VO =8776720504 6/2104 0.00 124.55 Check Total 8,310.74 197700 CK 6/9/04 ¡¡:¡:~ß~ts CREDIT PLAN 12-03 12-03 035489 VO 79728300021088 5/19104 0.00 368.27 197701 CK 6/9/04 ¡¡fMHARD PACIFIC HOMES 12-03 035089 VO 660108-0 5/11/04 0.00 5.70 197701 CK 6/9104 ¡¡fMHARD PACIFIC HOMES 12-03 035090 VO 660008-0 5113104 0.00 8.59 197701 CK 6/9/04 ¡¡f~~HARO PACIFIC HOMES 12-03 035095 VO 660110-0 5/10/04 0.00 17.90 Check Total 32.19 197702 CK 6/9/04 mß¡¡':¡'¡ONETICS 12-03 12-03 035490 VO 283542 5/30/04 0.00 73.75 197703 CK 6/9/04 f~8&'WSON-COLEEN D 12-03 035216 VO 1642723-2,1 5/12/04 0.00 60.22 197704 CK 6/9/04 f8~~ß~CHARLES C 12-03 035201 VO 1010107-3 5/13/04 0.00 44,42 197705 CK 6/9/04 ~~19~ PARCEL SERVICE 12-03 12-03 035491 VO 000016XW88224 5/29/04 0.00 30.00 197706 CK 6/9/04 ~~19Ilb INDUSTRIES, INC. 12-03 12-03 035520 VO 16719 6/2/04 0.00 431.00 197706 CK 6/9/04 ~~191:'b INDUSTRIES, INC. 12-03 12-03 035521 VO 16695 6/1/04 0.00 1,691.68 197706 CK 6/9/04 ~~19Ilb INDUSTRIES, INC. 12-03 12-03 035522 VO 16722 6/2/04 0.00 12,800.70 Check Total 14,923.38 197707 CK 6/9/04 ~¡¡'tP8~ES 12-03 035102 VO 200301-0 5/10/04 0.00 40.58 Oate: .t.. "ay, June 17. 2004 East vallt Water District Page: ('Of 13 Time: 09:56AM Report: 03630.rpt Use" KATHY Check Register - Standard ~ny; EVWD Period: 12-03 As of: 6/17/04 Check Check Check VendorlD ---._-- Period Ref Doc Invoice Invoice Dõ...,unt Amount Nbr Type Date Vendor Name To Post Closed Nbr Typo Number Dalo Taken Paid 197708 CK 6/9104 ~~~1J!8N WIRELESS 12-03 12-03 035492 VO 1864974466 5/25/04 0.00 122.32 197709 CK 6/9/04 WNß1fS-JOHN P 12-03 035105 VO 1440572-7 5/11/04 0.00 22.64 197710 CK 6/9/04 wm~1SUPPLYCO. 12'()3 12-03 035358 VO 01778ô2-IN 5/31/04 0.00 1.121.68 197710 CK 6/9/04 wm~1SUPPL Y CO. 12'()3 12-03 035359 VO 01778ô3-IN 5/18/04 0.00 2,348.15 Check Total 3,469.83 197711 CK 6/9/04 W~¡%5--DARRYL 12'()3 12-03 035106 VO 81545-1 5/11/04 0.00 29.64 197712 CK 6/9/04 WI~ß~hs WATCHDOG. LLC 12'()3 12-03 035475 VO 23759 5/5104 0.00 24.89 197713 CK 6/9/04 ~~~~èDICAL SERVICE # 12-03 12-03 035473 VO 140666746 6/3104 0.00 218.24 197713 CK 6/9/04 ~~~~èDICAL SERVICE # 12-03 12-03 035523 VO 140666757 6/3104 0.00 218.24 197713 VC 6/9104 ~~~~èDICAL SERVICE # 12'()3 12-03 035473 VO 140666746 613104 0.00 -218.24 197713 VC 619/04 ~~~~èDICAL SERVICE # 12'()3 12-03 035523 VO 140666757 6/3104 0.00 -218.24 Check Total 0.00 197714 CK 619104 J~IOOîILLO-MICHAEL 12-03 12-03 035559 VO JARO6O904 6/9/04 0.00 75.41 197715 CK 6/9/04 ~~~~èD'CAL SERVICE # 12'()3 035473 VO 140666746 6/3104 0.00 218.24 197715 CK 6/9104 ~~~~èD'CAL SERVICE # 12'()3 035523 VO 140666757 613/04 0,00 218.24 197715 CK 6/9/04 ~~~~èD'CAL SERVICE # 12'()3 035558 AD 140666746 6/3/04 0.00 -218.24 Check Total 218.24 197716 CK 6/10/04 ~~~qp~miture & Systems, Ine 12-03 12-03 035576 VO SEA0610O4 6/10/04 0.00 117.494.00 197717 CK 6/10/04 ~a~l1NDs STAR GROUP 12-03 12-03 035333 VO 138.2 6/1/04 0.00 8.000.00 197718 CK 6/17/04 ~I:I:~~CE CONSTRUCTION 12'()3 035202 VO 453082.().1 5/17/04 0.00 6.91 197718 CK 6/17/04 ~I:I:~CE CONSTRUCTION 12-03 035203 VO 453079-0 5117/04 0.00 36.55 197718 CK 6/17/04 ~I:I:PÆcE CONSTRUCTION 12'()3 035204 VO 453079-0.1 5/17104 0.00 30.45 197718 CK 6/17/04 ~I:I:~~CE CONSTRUCTION 12-03 035205 VO 453080-0 5/17/04 0.00 23.73 Oa(e: ~ Jay, June 17, 2004 East Val!. Water District Page: ('Of 13 Time: 0 .oôAM Report: o030.rpt User: KATHY Check ReQister - Standard Company: EVWD Period: 12'{)3 As of: 6/17/04 Check Check Check Vendor 10 Period ReI Doc Invoice Invoice Discount Amount Nbr Type Date V.íidorName --.---- To Post Closed Nbr rype Number Date Taken Paid 197718 CK 6117/04 ~I:I:PK~CE CONSTRUCTION 12'{)3 035206 VO 453080-0.1 5/17/04 0,00 40.60 197718 CK 6/17/04 ~I:I:PK~CE CONSTRUCTION 12'{)3 035252 VO 321143'{) 5/20104 0.00 1,470.91 Check Total 1,609.15 197719 CK 6/17104 ~t:;1~~~ÓAN CLASSIC SANITATION 12-03 035632 VO 1.{)83M 5/21/04 0,00 77.00 197719 CK 6/17/04 ~t:;1~~~ÓAN CLASSIC SANITATION 12'{)3 035633 VO 1-08385 5/21/04 0.00 88.66 Check Total 165.66 197720 CK 6/17104 ~~~ß~HEAD UNITED WAY 12.{)3 035620 VO ARR0611 04 6116/04 0.00 50.00 197721 CK 6/17/04 ~~8°O1 12'{)3 035578 VO ASCO7O4 6/15/04 0.00 3,770.32 197722 CK 6/17104 ~~l:mD PLUMBING HEATING AC 12-03 035597 VO 24286 5/18/04 0.00 895.00 197722 CK 6/17104 ~~eR~m PLUMBING HEATING AC 12-03 035598 VO 24391 5/21/04 0.00 695.00 Check Total 1,590.00 197723 CK 6/17104 ~~~~16s-PETER A 12'{)3 035280 VO 720092-5.1 5/20104 0.00 68.08 197724 CK 6/17/04 ~~~~?ÓK, BATTERSBY, MCELHANEY. 12-03 035579 VO 143 5/31/04 0,00 4,243.75 197725 CK 6/17104 a~~-WILLIE 12'{)3 035283 VO 1260181-3 5/21/04 0.00 9.63 197726 CK 6/17/04 8~1:1V8RNIA SOCIETY OF CPA'S 12-03 035595 VO 0000246486 6/14/04 0.00 295,00 197727 CK 6/17/04 8~~~tECH INTERNATIONALINC 12'{)3 035599 VO EV288 6/5/04 0.00 3,189.20 197728 CK 6/17/04 8~8WÖHURY-NAJAT 12-03 035207 VO 1441936-3 5/18/04 0.00 42.65 197729 CK 6/17/04 88~~%EY'S ELECTRIC. INC. 12'{)3 035600 VO 19551 5/26/04 0.00 467.40 197730 CK 6/17/04 88~~~4TRUSTEE 12-03 035621 VO COU0611O4 6/16/04 0.00 154.46 197731 CK 6/17/04 88~~~4TRUSTEE 12-03 035622 VO COU0611O4 6/16/04 0.00 275.00 Oa'e: ! .ay, June 17, 2004 East val{ Water District Page: (Jor 13 Time: 09: 6AM Report: 03630,rpt Usee KATHY Check Renister - Standard Company. EVWD Period: 12.03 As of: 6/17/04 Check Check Check yendor I!L..--__- Pertod Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 197732 CK 6/17104 8t8~~ERGETICS,INC 12.03 035601 VO 14982-60548 6/3104 0.00 5,066.50 197733 CK 6/17104 ~8eg3ASSETS 12-03 035253 VO 1020097-4 5/20/04 0.00 48.88 197734 CK 6/17/04 Þ~~2\I1R BROS COFFEE 12-03 035602 VO 2892722 6/16/04 0.00 194.88 197735 CK 6/17104 ÞIBg~1'rv PROPERTY INC 12-03 035264 VO 1010052-1 5/21/04 0.00 31.33 197736 CK 6/17104 ÞI~g!BAMERICAN REAL ESTATE 12-03 035580 VO 1 0966454 5/31/04 0.00 59.80 197737 CK 6/17/04 ÞI:8~1PS-ARMANDO 12-03 035254 VO 1030105-5 5/20/04 0.00 37.46 197738 CK 6/17104 Þ8~~~-CHARLOTTE 12-03 035265 VO 140228-6 5/21104 0.00 33.22 197739 CK 6/17/04 Þ8HAA-l-i STREET ROCK CRUSHER 12-03 035568 VO 213843 6/4104 0.00 369.10 197740 CK 6/17104 8~G~?ËL EQUIPMENT CO 12-03 035530 vo 62583 6/10/04 0.00 342.65 197741 CK 6/17104 M~ßWER CONSTRUCTION 12-03 035255 VO 370027-0 5/20/04 0.00 31.00 197742 CK 6/17104 8~~ß1À-JANET L 12-03 035209 VO 740016-2 5/17/04 0.00 56.97 197743 CK 6/17104 8~~ß?~E PARTS COMPANY 12-03 035603 VO 830887 6/8104 0.87 42.80 197743 CK 6/17104 8~~ß?~EPARTSCOMPANY 12-03 035604 VO 831125 6/10/04 0.33 16.35 197743 CK 6/17/04 8~~B?~E PARTS COMPANY 12-03 035605 VO 831170 6/10/04 0.39 19.33 197743 CK 6/17104 8~~ß?~EPARTSCOMPANY 12-03 035606 VO 830838 6/8104 1.00 48.91 197743 CK 6/17/04 8~~ß?~E PARTS COMPANY 12-03 035607 VO 830952 619/04 0.14 6.94 197743 CK 6/17104 8~~ß?~EPARTSCOMPANY 12-03 035635 VO 831884 6/16/04 0.79 38.62 Check Total 172.75 197744 CK 6/17/04 88I:ß~WESTTIRE 12-03 035636 VO 2950 6/16/04 0.00 10.00 Oate: -I, ay, June 17, 2004 East vall. Nater District Page: ~ of 13 T;me: 0 ,_"AM Report: 0 oJO,rpt User: KATHY Check ReQister - Standard Company: EVWD Period: 12-03 As of: 6/17/04 Check Check Check yendorlO -. ------ Period Ref Doc Inoolea Inoolea DIscount Amount Nbr Type Date Vendor Nam. To Post Closed Nbr Type Number Dat. Taken Paid 197745 CK 6117/04 ~m'Ë'k EQUIPMENT COMPANY 12-03 035569 VO C35300 614/04 0.00 362.64 197745 CK 6117104 ~AA~'Ë'k EQUIPMENT COMPANY 12-03 035570 VO C34314 6f7/O4 0.00 221.17 Check Total 583.81 197746 CK 6117104 ~~~~?& AND ASSOCIATES, INC 12-03 035608 VO ENG-3103 6f7/O4 0.00 1,945.00 197747 CK 6117/04 ~81:H~YNGER-JOHN 12-03 035256 VO 40323-3 5/20/04 0.00 222.21 197748 CK 6/17104 I~I:R~ WATER WORKS SUPPLY CO 12-03 035609 VO 139662 6110104 82,88 4,061.18 197749 CK 6117104 1~8ßiv-MATTHEW 12-03 035288 VO 810168-1 5/21/04 0.00 28.15 197750 CK 6117/04 18~~'J¡bN MACHINERY CO 12-03 035571 VO PCOOO605977 6/8104 0.00 669.60 197751 CK 6/17/04 18~~ JR-cASEY 12-03 035257 VO 720125-3 5/20/04 0.00 47.64 197752 CK 6/17/04 1w.~EEMAN CO., ¡NC 12-03 035596 AD C2700171-0 6/1/04 0.00 -16.88 197752 CK 6/17104 1w.~EEMAN CO., INC 12-03 035610 VO 27142-0 6/15/04 0.00 64.54 197752 CK 6117104 1w.~EEMAN CO., INC 12-03 035611 VO 271015-0 6/9104 0.00 3.78 Check Total 51.66 197753 CK 6117104 ¡æ:~~DSCAPING 12-03 035612 VO 259 6/5/04 0.00 360.00 197753 CK 6117104 ~f~~NDSCAPING 12-03 035613 VO 275 615/04 0.00 270.00 Check Total 630.00 197754 CK 6/17/04 ~m~6SERVICES INC 12-03 035581 VO 23151058 6f7/O4 0.00 135.84 197755 CK 6117/04 ~Ä~ß'I2R A. KESSLER & ASSOCIATES 12-03 035575 VO KES0610O4 6/10/04 0.00 77,732.00 197756 CK 6117104 ~1:~g'bNIA 12-03 035210 VO 440231-2 5/17104 0.00 40.18 197757 CK 6117/04 r:1~I:ß?:JM ENTERPRISES 12-03 035563 VO 1677 6/4/04 0.00 15,802.56 197757 CK 6117/04 r:1~I:ß?:JM ENTERPRISES 12-03 035582 VO 1678 614/04 0.00 1.196.00 Check Total 16,998.56 Oale: .( ,ay, June 17, 2004 East val( ¥Vater District Page: ( J 01 13 TIme: 09,"6AM Report: 03630.rpt Usee KATHY Check Reaister - Standard Company: EVWD Period: 12.03 As of: 6117/04 Check Check Check vendM.!!L-__--_...-.- .. -"'--- Period Ref Doc Invoice Invoice DIscount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Oate Taken Paid 197758 CK 6/17/04 k1NPd~ CORP 12-03 035565 VO 93465 5/26/04 0.00 906.19 197758 CK 6/17/04 t:mPd~ CORP 12-03 035572 VO 93438 6/1/04 0,00 888.06 197758 CK 6/17/04 ~tPd~ CORP 12-03 035573 VO 93437 6/1/04 0.00 873.56 197758 CK 6/17/04 k1NPd~ CORP 12-03 035614 VO 93495 6/3/04 0.00 1,812.38 Check Total 4,480.19 197759 CK 6/17/04 k1ltß!j¡~DZKI-JACEK 12-03 035583 VO MIL061504 6/15/04 0.00 1,440.00 197760 CK 6/17/04 ~Jb!i?I\,v. MILLER 12-03 035584 VO 04071-3 6/10/04 0.00 4.730.64 197761 CK 6/17/04 ~~rI\~A MINOLTA BUSINESS 12-03 035615 VO 202290937 6/10/04 0.00 567.00 197762 CK 6/17/04 k1~WM SMOG INC. 12-03 035616 VO 36668 619104 0.00 34.75 197762 CK 6/17/04 k1~~WM SMOG INC. 12-03 035637 VO 36729 6/16/04 0.00 34.75 197762 CK 6/17/04 r:¡~~WM SMOG INC. 12-03 035638 VO 36731 6/16/04 0.00 34.75 Check Total 104.25 197763 CK 6/17/04 r:¡8~&~-DENISE 12-03 035212 VO 420233-1 5/17/04 0.00 30.01 197764 CK 6/17/04 ~~fPd~AL WATERWORKS 12-03 035617 VO 1365329 6/7/04 0.00 9,753.94 197765 CK 6/17/04 ~Hß~p TECHNOLOGIES. INC. 12-03 035566 VO 2004177 5/12/04 0.00 2,153.89 197765 CK 6/17/D4 ~Hß~MP TECHNOLOGIES. INC. 12-03 035618 VO 2004331 6/1/04 0.00 59.25 197765 CK 6/17/04 ~Hß~MP TECHNOLOGIES, INC. 12-03 035619 VO 2004357 6/14/04 0.00 270.00 Check Total 2,483.14 197766 CK 6/17/04 ~81:.RI!ièo-JAVIER 12-03 035256 VO 620012-4 5120/04 0.00 32.60 197767 CK 6/17/04 Þ~~WìUM PLUS FOR BUSINESS 12-03 035585 VO PLA5329 MARY W 6/8/04 0.00 232.65 197768 CK 6/17/04 Þ8~OOISTRIBUTING CO 12-03 035574 VO 443967 6/7/04 0.00 3,634.94 197769 CK 6/17/04 Þ8~eæ-GARY M 12-03 035213 VO 1542857-1.1 5/16/04 0.00 76.40 Date: T! ,yo June 17, 2004 East va(( ,¡Vater District Page: ( Of 13 Time: 09: "AM Report: 03630,rpt User: KATHY Check Renister - Standard Company: EVWD Period: 12oC3 As of: 6/17104 Check Check Check Vend!!JÆ-.. ----- Pertod Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name ro Post Closed Nbr Typo Number Da" Taken Paid 197770 CK 6117104 8~I~t6BROS, ELECTRIC SIGN SVC 12-03 035586 VO QU10615O4 6115/04 0.00 325.00 197771 CK 6/17/04 æß<1\'LPH-KEVIN K 12-03 035214 VO 1620296-1 5/18/04 0,00 20.52 197772 CK 6/17/04 ~Ë~?rON-SARA H 12-03 035623 VO REA0611O4 6/16/04 0.00 252.50 197772 CK 6/17104 ~Ë~?MON-SARA H 12-03 035624 VO REA0611O4.1 6/16/04 0.00 156.20 Check Total 408.70 197773 CK 6/17104 ~ËI!1Jb\L-FRANK H 12-03 035215 VO 1550562-0 5/18/04 0.00 54.96 197774 CK 6/17104 ~88ß~\- PAVING 12-03 035560 VO 0408-04 6/2/04 0.00 2,295.41 197775 CK 6/17104 ~~<¡¡>éRNARDINO CHILD SUPPORT 12-03 035625 VO SAN0611O4 6/16/04 0.00 289.00 197776 CK 6/17104 ~~~WÓNO PUBLIC EMPLOYEES ASSN 12-03 035626 VO SAN0611O4 6/16/04 0.00 445.13 197777 CK 6/17/04 ~~~lJ?gRNARDINO COUNTY RECOROE 12-03 035587 VO SAN0615O4 6/15/04 0.00 192.00 197778 CK 6/17/04 ~~b'lYvAL -MANUEL E 12-03 035259 VO 830260-1 5120/04 0.00 18.47 197779 CK 6/17/04 šO8°O1 12-03 035594 VO 2531067 617/04 0.00 48.08 197780 CK 6/17104 ~~IWi'mFORD-ALBERT 12-03 035279 VO 70173-1.1 5121/04 0.00 31.38 197781 CK 6/17/04 ~~Iß~ PROPERTIES LLC 12-03 035452 VO 620002-2 6/3100 0.00 257.64 197782 CK 6/17/04 ~8«!!æEDISON COMPANY 12-03 035561 VO 2257893750504 6/5/04 0.00 273.44 197782 CK 6/17/04 Š8~EDIS0N COMPANY 12-03 035577 VO 20775946950504 8/15/04 0.00 150,865.44 197782 CK 6/17/04 ~8«!!Á'~ EDISON COMPANY 12-03 035588 VO 22070486790504 8/11/04 0.00 11,899.49 Check Total 163,038.37 197783 CK 6/17/04 Š8~eW-TAMI REDPATH 12-03 035627 VO SOW061104 6/16/04 0,00 250.00 Oate: í 'Y. June 17. 2004 East val( Nater District Page: (of 13 Time: O. .AM Report: 0 JO.rp! Usee KATHY Check ReQister . Standard Company: EVWD Period: 12-03 As of: 6/17/04 Check Check Check Ven~___,__. Period Ref Doc Invoice Invoice Discount Amount Nbr Type Date V.ndorNa... To Post Closed Nbr Type Number Date Taken Paid 197784 CK 6/17104 ~1{~%30F CALIFORNIA 12-03 035640 VO STA0611O4 6/16/04 0.00 12,802.45 197785 CK 6/17104 ~mllsTREET BANK & TRUST 12-03 035628 VO STA0611O4 6/16/04 0,00 7.067.51 197786 CK 6/17/04 ~f~Ri/rARD PACIFIC HOMES 12-03 035260 VO 660109-0 5/20/04 0.00 1.64 197787 CK 6/17/04 bWga1JRY-GERALD L 12-03 035631 VO 6016 6/10/04 0.00 805.00 197788 CK 6/17104 f~~f!R!R-MARY 12-03 035629 VO TUR0611O4 6/16/04 0.00 225.00 197789 CK 6/17/04 H8~ÀYMENT CENTER #5450 12-03 035562 VO 106209863 5131104 0.00 1,395.37 197790 CK 6/17104 H~I~~ PARCEL SERVICE 12-03 035564 VO 000016XW88234 6/5/04 0.00 16.00 197790 CK 6/17/04 H~I~~ PARCEL SERVICE 12-03 035634 VO 000016XW88244 6/12/04 0.00 16.00 Check Total 32.00 '197791 CK 6/17/04 H~m¿ES 12-03 035261 VO 200295-0 5120104 0.00 29.00 197792 CK 6/17104 ~~~ß~ä-FRANCOIS 12-03 035217 VO 930329-3 5/18/04 0.00 34.22 197793 CK 6/17104 ~~~~N 12-03 035589 VO 18200920604 6/4104 0.00 45.52 197793 CK 6/17104 ~~~fžlðN 12-03 035590 VO 88995010504 6/1/04 0.00 894.24 197793 CK 6/17/04 ~~~P£ðN 12-03 035591 VO 16756510604 6/1/04 0.00 45.33 Check Total 985.09 197794 CK 6/17104 ~~~~%:¡¡N MUNICIPAL WATER DISTRI 12-03 035592 VO 17902 6/10104 0.00 4,440,00 197795 CK 6/17/04 ~~I%5-DARRYL 12-03 035281 VO 81545-1.1 5/17104 0.00 28.74 197796 CK 6/17/04 ~I~g~hs WATCHDOG, LLC 12.(J3 035593 VO 24171 6/8/04 0.00 376.80 197797 CK 6/17/04 2~~~ËDICAL SERVICE # 12-03 035567 VO 140606937 3/8/04 0.00 47.11 197797 CK 6/17/04 ~ËË~ËDICAL SERVICE # 12-03 035639 VO 140666731 6/2/04 0,00 29,15 Date: Time: Use" .I ay, June 17, 2004 ~~""AM KATHY East vall. Nater District Check ReQister. Standard Period: 12-03 As of: 6/17/04 Page: Report: Company: I 0113 !uoo.rpt EVWD Check Nbr Amount Paid Check Check Type Date VendorlD Vendor Name Pertod To Post Closed Doc Type Invoice Number Invoice Oate Discount Taken Check Count: Ref Nbr Check Total 76.26 157 Acet Sub Total, Check Type Count Amount Paid Regular 156 589,293.70 Hand 0 0.00 Void 1 -436.48 Slub 0 0.00 Zero 0 0.00 Mask 0 0.00 Total: 157 588,857.22 Company Disc Total 278.42 Company Total 588.857.22 588,857.22 AGREEMENT TO TRANSFER WATER SERVICE .... THIS AGREEMENT is made as of the day of , for identification purposes only, by and between EAST VALLEY WATER DISTRICT, a public agency ("District"), and ARROYO VERDE MUTUAL WATER COMPANY, a California corporation ("Company"). RECITALS A. District is formed and organized pursuant to the County Water District Law, Water Code Section 30000 et seq. B. Company is a private corporation organized and operating as a mutual water company incorporated and existing under the laws of the State ofCalifomia. Company's service area is within the District's jurisdictional boundaries and is more particularly described in the document attached hereto as Exhibit "A" and incorporated herein by this reference. C. Company's water system consists of a well, booster pump, and various types of piping that are inoperable and/or not in compliance with the legal standards enforced by the State of California Department of Health Services ("the Water System"). As a result, Company's shareholders are currently receiving domestic water service by virtue of two (2) emergency connections to District's water distribution system. ........ D. Company's shareholders have formally requested that District permanently assume the operation and control of the Water System and that the properties served thereby become part of District's official service area. E. District agreed to consider said proposal if outside funding can be obtained to repair and replace the Water System and a majority of the shareholders of Company consent to the fmancing mechanism deemed appropriate by District to repay the costs thereof. F. On December 1 I, 2000, District's Board of Directors adopted ResoJutionNo. 2000.26 which authorized the submission of an application for construction monies from the Safe Drinking Water State Revolving Fund ("the Fund") for the purpose of securing revenue to be used for the construction offacilities necessary to bring the Water System into a condition deemed appropriate by District to assume the operation and control thereof ("the Project"). G. In or about January of 2002, District and Company entered into a Notice of Application Acceptance issued by the State of California Department of Water Resources on or about December 19, 2001, for Project No. 3610064-01, wherein the Fund would provide a construction loan in the amount of $136,034.00 ("the Loan") and a construction grant in the amount of $544, 136.00 ("the Grant"), for a total contribution by the Fund of$680,170.00 to be applied to the cost of the Project, the total price of which is currently estimated to be the sum of$8l 0,170.00. ...., ._--~ - -.. H. On June 11,2002, District's Board of Directors adopted Resolution No. 2002.25 which authorized the initiation of proceedings to form the Arroyo Verde Assessment District ("A V AD") in accordance with California law to repay the Loan and reimburse District for the portion of the Project costs not covered by the Fund. T. On November 26, 2002, District's Board of Directors adopted aNegative Declaration for the proposed Project pursuant to the Califomia Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the Guidelines promulgated thereunder (14 California Code of Regulations Section 15000 et seq.). J. On or about May 20, 2003, District caused a Notice of Public Meeting and Public Hearing and Official Ballots ("Ballots") to be delivered to the records owner(s) of each parcel within the A V AD as determined from the last equalized property tax roll as set forth in the Water System Improvement Project report prepared by W.J. McKeever, Inc., and WilliamJ. McKeever, a registered professional engineer certified by the State of California ("the McKeever Report"). K On June 10, 2003, District's Board of Directors conducted a public meeting on the proposed A V AD. ~ L. On July 8, 2003, District's Board of Directors conducted a public hearing on the proposed A V AD and heard all public testimony offered in connection therewith and accepted all Ballots returned to District until the close of the public hearing. At the conclusion of the hearing, District's Board of Directors found that a majority protest to the Project did not exist and thus adopted Resolution No. 2003.30 approving the McKeever Report and the formation of the A V AD, subject to full and complete satisfaction by District and Company of all requirements and conditions necessary to secure the Loan and the Grant, including said parties' execution ofthis Agreement. COVENANTS IN CONSIDERATION OF THE MUTUAL COVENANTS, AGREEMENTS, REPRESENTATIONS, AND WARRANTŒS CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: I. Subject to the terms and conditions set forth in this Agreement, Company agrees to convey, transfer, assign, and deliver to District, and District agrees to accept from Company, all of the following (which are collectively referred to herein as the "Assets"): (a) All water rights held, owned, and/or possessed by, or otherwise existing in the name of, Company; and (b) Customer list(s) of all persons and/or entities to whom Company presently supplies water, which Company hereby represents is fully reflected in the document attached hereto as Exhibit "B" and incorporated herein by this reference. .., 2 2. As full payment for the transfer of the Assets by Company to District, District agrees to assume the obligation to provide water service to the following as of the date of final completion of the Project, subject to the terms and conditions of District's rules, regulations, resolutions, ordinances, and minute actions as same may be amended ITom time to time: "-' (a) (b) Those customers of Company; and Those persons or entities within Company's service area. 3. It is expressly understood and agreed that District shall not be liable for any debts, obligations, or liabilities of Company of any kind or nature, other than those specifically assumed by District in the Agreement. District specifically does not assume any of Company's liabilities or obligations, existing or contingent, known or unknown, except for those set forth pursuantto Section 2 ofthis Agreement. Further, Company recognizes, understands, and acknowledges that Company shall continue to be responsible for any and all accounts payable and any obligation for outstanding back taxes. Company hereby agrees to hold harmless and indemnify District for all loss, expenses, damages, and costs arising ITom or in connection with Company's liabilities or obligations not assumed pursuant to this paragraph. 4. The following shall be conditions precedent to District's responsibility to perform its obligations under this Agreement: (a) "'" (b) (c) (d) (e) Full and complete payment by Company of all sums owed to District for water service rendered by District pursuant to Company's emergency connections to District's water distribution system; Formation of the A V AD without any legal challenge thereto; Full and complete satisfaction by District and Company of all requirements and conditions necessary to secure the Loan and the Grant; Receipt by District of all proceeds ITom the Loan and the Grant; and Construction of the Project to the satisfaction of District without any legal challenge thereto ("the Closing"). The conditions set forth in this Section are solely for the benefit of District and may be waived only by District. District shall, at all times prior to the termination of this Agreement, have the right to waive any termination of this Agreement and shall have the right to waive any of these conditions; provided that such waiver is in writing. In the event that the conditions are not satisfied or waived by the District, in writing, District shall be released ITom any liabilities or obligations under this Agreement. Wi' 3 ..., 5. Company agrees to pay all sales and use taxes, to the extentofliabilitytherefor, arising out of the transfer of the Assets, and shall pay said taxes on or before the Closing. District shall not be responsible for any business, occupation, withholding, or similar tax, or any taxes or any kind related to any period before the Closing, including any income taxes representing Company's liability for operation of the business prior to the Closing. '-" 6. Company represents and warrants to District that the following matters are true and correct as of the execution of this Agreement and will also be true and correct as of the Closing: (b) (c) 'Wf (d) (e) (t) (g) w (a) Company has all necessary corporate powers to own its own properties and to carry on its business as now owned and operated by Company. Company is a corporation, duly organized, validly existing and in good standing under the laws of the State of California. Company has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and no approvals or consents of any persons are necessary in connection therewith. All of the documents executed by Company which are to be delivered to District at the Closing date shall have been duly authorized, executed, and delivered by Company and will be Jegal, valid, and binding obligations of Company enforceable against Company in accordance with their respective terms (except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium, and other principles relating to or limiting the right of contracting parties generally), and will not violate any provisions of any agreement to which Company is a party or to which it is subject. There are no liabilities, debts, or other obligations outstanding, or in any way left unresolved, as of the date of this Agreement. A meeting of Company' s shareholders was called and held on or before the execution date of this Agreement, for the purpose of authorizing and approving the transfer of the Assets to District on the terms and conditions provided in this Agreement and to perform its other obligations as set forth in this Agreement. Company has not previously assigned transferred or conveyed in any manner whatsoever all or any portion of the Assets which is the subject of this Agreement, or any interest therein. Except as set forth herein, there are no pending or threatened claims, proceedings, lawsuits, or allegations of any kind, whether for taxes or otherwise, concerning the Company or the Assets. At the Closing, Company will not be in default under any agreements, encumbrances, or instruments pertaining to the Company or the Assets. 4 ~ w G) (k) w (h) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereby will not: (i) violate any provisions of, or require any consent, authorization, or approval under any law, administrative regulation, any order, award, judgment, writ, injunction, or decree applicable to, or any governmental permit or license issued to, Company relating to the Assets; or (ii) result in the creation of any lien, charge, or encumbrance upon the Assets. (i) Neither Company nor any third party has used, generated, manufactured, refined, produced, processed, stored, or disposed of on, under, or about the Company's real property, or transported to or from the real property, any hazardous materials, nor does Company intend to use the real property in the future for the purpose of generating, manufacturing, refming, producing, storing, handling, transferring, processing, or transporting hazardous materials. For the purposes hereof, "hazardous materials" shall mean any flammable explosive, radioactive materials, asbestos, petroleum, organic compounds known as polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances, or related materials, including, without limitation, any substances currently defined as or included in the definition of "hazardous substances", "hazardous material", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 8601, etseq.; the Hazardous Materials Transportation Act, 49 U.s.C. Section 6901, et seq.; and in the regulations adopted, published, andJorpromulgated pursuant to said laws. Company has no existing employment contracts with any of its employees. All personnel are presently employed on an hourly wage basis, and Company provides no fringe benefits which may present a continuing liability to District as a condition to retained employment or present personnel. There is no pending or threatened labor dispute, strike, or work stoppage affecting Company's business. District shall not assume any liability in regard to employee benefits of any nature whatsoever. Company has complied with, and is not in violation of, any applicable federal, state, or local statute, law, or regulation, including, without limitation, any applicable building, zoning, or other law, ordinance, or regulation, and is not presently involved in any action, arbitration, or legal, administrative, or other proceeding, or governmental investigation pending, which may impose some liability or lien upon Company's business, the assets therein, or restrictions thereof. District assumes no responsibility or liability of any nature whatsoever in regard to any such alleged defects in the system or instrumentalities comprising Company's business, and Company shall indemnify and hold harmless the District from and against any liability, claim, or action whatsoever in connection therewith. 5 ..---- ~ ow ~ (I) All federal, state, and local income, real, personal, and any other tax returns with respect to the operation and Assets of Company which are required to be filed or paid, have been filed, and Company has paid or caused to be paid to the respective taxing authorities all taxes as shown on such retums, or on any assessment received by it, to the extent that such taxes have become due. Company knows of no proposed tax assessments against Company. (m) All representations and warranties of Company set forth in this paragraph, and in any written statements delivered to District under this Agreement, wi1\ also be true and correct as of the Closing as if made on that date and shall survive the Closing. 7. Company hereby covenants with the District as fo1\ows: (a) (b) (c) (d) (e) (f) After the date hereof and prior to the Closing, no part of the Assets, or any interest therein, will be sold or otherwise transferred or encumbered without District's prior written consent. Except with respect to this Agreement and such other contracts and agreements as are necessary to cause the completion of the transaction contemplated herein, no leases, contracts, agreements, or commitments (co1\ectively, "Submittals") shall be executed which sha1\ bind the Assets or the Company without the prior written approval and consent of District, which consent and approval may be withheld in the reasonable discretion of District. Company agrees that it will not, prior to Closing, permit any alteration, modification, or addition to the Water System, except as approved in writing by District. Company will carry on its business activities diligently and wi1\ not become delinquent in the payment of monies to District for water service rendered by District by operation of Company's emergency connections to District's water distribution system. No default of Company shaH be permitted to occur under any contract or agreement by which the Company is or may be bound, which default will materially and adversely affect this Agreement. Company shall promptly notify District of any asserted and/or threatened claim which directly or indirectly materia1\y affects or could affect Company or this Agreement. Company shall continue to insure all of its assets and business providing the customary coverage, including property damage and loss of income by fire or other casualty, and adequate insurance protection against all liabilities, claims, and risks customarily insured in Company's type of business, up to the Closing. On or before 6 "'" the Closing, Company shall obtain "tail" insurance in an amount acceptable to District to cover its operations and liabilities prior to the CIosing. 8. District and its counsel, accountants, and other representatives shall have full access during normal business hours to all properties (real and personal), books, accounts, records, contracts, and documents of or relating to Company. District, its agents and representatives, shall be entitled to enter onto any real property owned by the Company to carry out the intent of this Agreement. Company shall furnish, or cause to be furnished, to District and its representatives, all data and information concerning the business, finances, and properties of Company that may reasonably be requested. 9. Simultaneously with the consummation of the transfer, Company, through its officers, agents, and employees, will put District into full possession and enjoyment of the Assets and all properties necessary to carry out the intent ofthis Agreement. w 10. Company and Company's shareholders shall indemnify, defend, and hold harmless District against and in respect of any and all claims, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attomeys' fees that it shall incur or suffer, which arise, result from, or relate to any breach of, or failure by Company or Company's shareholders to perform, any of Company's representations, warranties, covenants, or agreements in this Agreement or in any schedule, certificate, exhibit, or other instrument furnished or to be furnished by Company under this Agreement. In addition, Company indemnifies and holds the District harmless from and against any and all liabilities, obligations, claims, charges, or activities prior to the Closing, regardless of whether such actions are currently known or unknown. Company specifically indemnifies and holds District harmless from any and all liabilities, obligations, claims, or charges related to any liabilities of the business, or otherwise incurred, whether known or unknown, prior to the Closing. II. Each of the parties represents and warrants that it has dealt with no broker or finder in connection with any of the transactions contemplated by this Agreement, and insofar as it knows, no broker or other person is entitled to any commission or finder's fee in connection with any of these transactions. 12. (a) It is hereby acknowledged and understood that the Water System facilities currently being utilized by the Company in its service area are in need of replacement in order to meet capability and other requirements. Company hereby acknowledges that District would not have entered into this Agreement if District would be required, at its cost and expense, to repair or replace Company's Water System. The parties hereto understand that this Agreement contemplates that the District will foITtl, or cause to be formed, the A V AD for the purpose of repaying the Loan and financing the Project costs not funded by the Grant. Company understands and acknowledges that the costs of the Project shall include, without limitation, fees and expenses for engineering, accountants, financial consultants, bond discount, and other soft cost expenses. w 7 ~ 13. w w (a) (b) (c) (d) (e) (b) (i) In the event that the formation of the A V AD is challenged within one (1) year after Closing, District shall have the right, at its sole option, to elect to require Company to rescind the sale of the Assets hereunder and repurchase the Assets from District. In such event, District shall notify Company of District's election to have Company re-acquire the Assets by written notice. In the event of such election, the physical condition of the Water System at the time of such transfer shall be as-is, where-is, without representation or warranty. Company shall also pay to District all costs and expenses incurred by District in connection with this Agreement and the formation of the AVAD. (ii) Company covenants and agrees that it shall not dissolve to terminate, or cause to be dissolved or tenninated, its corporate existence, either directly or indirectly, prior to the termination of District's option, or if the option is exercised, prior to the time the Assets are transferred back to Cornpany. This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. District may, on or before the Closing, terminate this Agreement without liability to Company: 8 "'-" (f) ~ (g) (h) ~ (i) Failure of any of the conditions precedent contained in Section 4 of this Agreement; or If any bona fide action or proceeding shall be pending against either party on the Closing that could result in an unfavorable judgment, decree, or order that would hinder, prevent, or make unlawful the carrying out of this Agreement; or (ii) (iii) If the legality and sufficiency of all steps taken or to be taken by the parties and either shareholders in carrying out this Agreement shall not have been approved, as may be required, by appropriate governmental authority; or (iv) Ifupon the proposed Closing, one party is unable to proceed and consummate the transaction and there is no written agreement to extend said date between the parties. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the second day after mailing if mailed to the party to whom notice is to be given, by first class mail, and properly addressed as follows: COMPANY Arroyo Verde Mutual Water Company San Bernardino, CA 92410 DISTRICT East Valley Water District 1155 Del Rosa Avenue San Bemardino, CA 92410 This Agreement shall be construed in accordance with and governed by Jaws of the State of California. Company, at any time before Closing date, will execute, acknowledge, and deliver any further deeds, assignments, conveyances, and other assurances, documents, and instruments of transfer reasonably requested by District, and will take any other action consistent with the terms of this Agreement that may reasonably be requested by District for the pwpose of carrying out the intent of this Agreement. 9 '-' '-' w IN WITNESS WHEREOF, the parties to this Agreement have duly executed on the day and year first above written. EAST VALLEY WATER DISTRICT By: , President By: , President WATER COMPANY 10 EXHIBIT LIST "-" EXHIBIT "A" DESCRIPTION OF COMPANY SERVICE AREA EXHIBIT "B" CUSTOMER LIST ... ow 11 ~.. ~J.ij i .Ì~i ~HJJ ~!.J. ~!:! ! j I .! J ! ~)hH~!j1jjn @âJ 81 : i ~\ ;; ~ %i . l((.' ~ ~ ~11 .!~Jl ~1~~J.t~HJ~ 1~I~i!JJJJ ~~j£~~~1~]J~fj!!jjl ~'~; ~t' nUl LiJ Jih i. jtl~dH !JE<}~] ~ I~.¡t~ ' !..,~oz ~~e-Ilj ¡iiei. ~ .!<\,I, J ~....~! ï 11 ~u~~t ~ ~ H¡H ~ diJHPi If ~ Il&:'i ~ it j~-11] I ~ u~ ~.. ¡ ~1 .. .! ~~ z i"'}~~~ I ilil~l Ii I ~ ;I..!n~.! Jì.l t2Í < ..¡'3,~i ,.] ~.!. ~ j~ "~g.!" ~ ... I i~ IÆ!~ ~ J I. dJih g w Ht ~ ~~ ¡ ,- 1.. . ~ ..] ] ìi~ , . , ! !H ~D ~.. ï; . .¡H ~ t -J J ~ ~H~ i .I 1 ¡ . .I ~ 1 1" i.n!'.!.1 !ih 'Ech1 ~ rli :~LH.! Hr j i ~ ti f: i i ~ j ¡ " Î .t' i ~ 1.' ¡ ~i~i' d, "H1'll j €.q' H1....~ e!i¡ r.!.i~~.' .It; €¡ r~i l 1 {Ii .~J1.1~.. ~ li! ht]ej ¡.. 'IL.! ~ '~!~I ,1 I~: ~Hsf~ ~! sh HI;!~ n!1 ~ qP~ ~'i}t'~ .I~?l I~jHt~ ~~l;å "f~ . ¡"Hi Ii ~lhi~í i~.: ,n,],.1 .! .'.'~J '.'~'~j'~! " E" s- '"'.I'"~ .' ¡¡ ~~I'i is ~~ Jf!~ a f!.n~~. jijU. t]jl .,~ ~hl~B ]~~H l..j;1{1~ ~ ¡~".i,- lr'1 1 ...,,~. ~ 1'~'i~1 ~,..ð.." .1~i ~. ~b ~pj tHa IH~tl ~ ~~~[~~! .,,~. ~!.1 j ,.., .-. -----.-.- --.-. '" ~ ----.- ___0---'_..--.. ~ ~ . c 0 { '" 1 '" 1 ,§ "- ~ 1 ¡¡ ~ ---------- ~ INFORMATION RESOURCES AND TECHNOLOGY CALIFORNIA STATE UNIVERSITY SAN BERNARDINO ... 5500 University Parkway, San Bernardino, CA 92407.2397 Water Resources Institute (909) 880.7681 fax: (909) 880.7682 Blast from the Past A documentary about perchlorate in drinking water I +;, > .:. The Water Resources Institute at California State University, San Bernardino seeks public and private partners to help us underwrite the cost of producing this documentary and others like it. Meeting the challenges of providing clean, reliable drinking water in the future will depend in part on how successfully we educate the public we serve. Blast from the Past is currently being broadcast locally on Inland California Television Network (ICTN) and will be appearing on cable networks throughout California in the coming months. Please join us as we teach your friends and neighbors about the worst contamination by a single chemical in the nation. .:. $5,000 GOLD UNDERWRITERS will be listed first in the program credits for the version broadcast on cable with the underwriter's logo and receive 200 complimentary OVO's. Gold underwriters will also have their logos on the WRI web site, where the program may be found in streaming video format. Underwriting fees will be used in part to stream the video on the web. .:. $2,500 SILVER UNDERWRITERS will be listed separately in the program credits for the version broadcast on cable and receive 100 complimentary OVO's $1,000 BRONZE UNDERWRITERS will be listed separately in the program credits for the version broadcast on cable and receive 40 complimentary OVO's .:. $SOO SPONSORS will receive 20 complimentary OVO's '1W' ~ *With the exception ofthe duplication cost of the DVD and (in the case of Gold underwriters) the cost of streaming the video, underwriters will receive credit for a tax- deductible gift to the Foundation for CSUSB. The California State University Bakersfi,ld . Channel Island, . Chi,o . Dominguez Hills' Fmno . F"llerton . Ha.'wani . Humboldt. &ong B",h . &os Angel" . Mad"m' A,ad,my Monk'", Ba.' . Nodh'¡dg, . Pom<>= . Sac""""'"w . San Ber_di"" . San Di'go . San Fron""a . San Jose. San L,,~ Ob~po . San Manos' So"",= . Swnisla", ."'"", "," """"".""..W"'" ",""'. f'-"""'"""""'"""""""""'."""""""""""'" ' _'\",..r~ ',er Res¡Jurces In!ititu;8 '-" . .,~..~.- ~.."w,,-~ . """",.... Blast from the Past _",It""'" Underwriter ,".~'~ ",,""'~ ", ..,u"""""" .....,«"""""'"" D Gold $5000 D Silver $2500 D Bronze $1000 '" D Sponsors $500 D Others How would you like to be listed on the program credits? "',",,..~ """~"~ ,.:~,:' """,i','."" !:,'~";':"'.;~ :"""',"'~' l""':'!""",!i¡1j',;\¡;í 'i¥~,L~.. Make tax-deductible donations payable to: Foundation for CSUSB Send contribution to: Water Resources Institute, PL-40 I, 5500 University Parkway, San Bernardino CA 92407 ~ ~"""" . ""',, "'",, """,.."", ""...,.."",!,<"""~.....",.....,...,.,, ., ~ '..",..i_~ 'ter Resources Institute "'" ',," ,"" """ ,"".~".... ",~.-! WRI Management and Oversight ",.;,:~:(ft~ h'~_'" Director-Jeff Davis A 20-year veteran of the water industry, Jeff Davis has worked for two engineering consultants, a research organization, and a public water agency in Southem California. He has been involved in the planning, design, and project management of many large and small-scale water infrastructure projects. He has two degrees in water resources engineering, a bachelor's degree from Vanderbilt and a master's degree from Stanford. A water historian, Davis has written articles on the history of the Colorado River Aqueduct and the State Water Project. ,- ""."""':'" '>""'.."",- Advisory Board (oartiallistine-March 2001) George Aguilar, Director Dr. Don Kendall, General Manager San Bemardino Valley MWD Calleguas MWD ,,"".:- Butch Araiza, General Manager West San Bernardino County Water District Mark Kinsey, General Manager Monte Vista Water District '".",,",U Richard Atwater, CEO/General Manager Inland Empire Utilities Agency Jerry Lewis, Member of Congress Former State Senator Ruben Ayala Susan Lien, Regional Manager Cadiz Inc. '","" ;;,,'.?"~""":"'7' , '" """¡""'" Joe Baca, Member of Congress Art Littleworth, Partner Best, Best, & Krieger John Brodin, General Manager Eastem MWD Bob Martin, General Manager East Valley Water District Christina Gonzalez San Bernardino USD Martin Matich, President Matich Corporation ,'L(,'J,1i\I!~ "~ Joe Grindstaff, General Manager Santa Ana Watershed Project Authority Ken Miller, Director S.B. County Flood Control District Barbara Zeman Earth Tech Dr. David Palais Perrier Group (Arrowhead Water) John Hayball, Major Accounts Mgr. Southern California Edison Carol Sebastian Sierra Club Allison Mackenzie Babcock Laboratories Cheryl Tubbs, Vice President Lilbum Corporation ~ Robert Krieger, President Krieger & Stewart "~ " ..""",..."..........,~.,......".."";..",.-...".......".",...""",, _!, ".,!~ ter Resources Institute '-' .'" ., " " .",".......,. ,""."-,....,.,,.,.;. Faculty Council March 2001 "'.'"""'~" Dr. Mark Kumler, Chair Geography Dr. Patrick McInturff Management """",",:", , ,.~":",.",....,. ."..,,~ ,""""",", Dr. Joan Fryxell Geological Sciences Dr. Clark Molstad Management ""'N'~'" "',<#,-- Dr. Ted McDowell Chair, Department of Geography Dr. Joe Lovett Health Sciences ",..""",:"",,~ ~....... Dr. Kent Schofield, Past Chair History Dr. Klaus Brasch Biology Executive Director, Office of Research Development and Technology Transfer "',""":-"'t",-,.", I',,<:>,',,<~';" ,". Dr. Brett Stanley Chemistry Dr. Michael Clarke Public Administration Dr. Sant Khalsa Art Dr. Juan Delgado English l';"¡"K;",fi¡~ .~ Dr. Darleen Stoner Science, Mathematics, and Technology Education Dr. Tony Metcalf Biology ,.., /- (;",:: j;f::.J' , '-_J '-.:::::::/ u U \w( Mr. Gribas was not present. No action was taken. REQUEST FROM LORIE ALLEN TO ADDRESS THE BOARD ABOUT VARIOUS ISSUES OF CONCERN. Ms. Allen was not present. No action was taken. RESOLUTION 2002.24 - PIPELINE LICENSE AGREEMENT FROM SAN MANUEL BAND OF SERRANO MISSION INDIANS was presented to the Board for acceptance. The General Manager and Legal Counsel recommended approval of Pipeline License Agreement. M/S/C (Wilson-Negrete) that Resolution 2002.24 be accepted. DISCUSSION AND POSSIBLE ACTION REGARDING Sop EAST HIGHLANDS, LLC AGREEMENT TO ADJUST BOUNDARIES AND RELOCATE WATER FACILITIES. Mr. Camille Bahri of Spring Pacific Properties was present to address concerns about the project. ~ M/S/C (Wilson-Negrete) that the Agreement be approved in concept, subject to concurrence by the General Manager and Legal Counsel, and that the Board President be authorized to sign the final amended Agreement. REVIEW OF BOARD POLICY ON DIRECTORS' REIMBURSEMENT OF FEES AND EXPENSES. Director Lightfoot stated that he did not agree with the need for a "special fund" and emphasized that all expenditures should be clearly defined. Director Sturgeon stated that he was comfortable with the current Board Policy on Director's Expenses. Director Negrete stated that he would support the distribution of $5,000 to each Director for expenses per fiscal year for travel, meals, lodging and registration fees. Director Wilson suggested an increase of $1,000 be authorized to a maximum of $7,000 for each Board Member and a maximum of $8,000 for the Board President per fiscal year for travel, meals, lodging and registration fees. President Goodin stated that he considered the allowance under the current Board Policy to be adequate. ... 4 MINUTES:O6111102 .. "'-=::/'L..:-J \/ .." M/S/C (Wilson-Negrete) that the expenses for each Board Member be increased by $1,000 to a maximum of $7,000 for each Board Member and $8,000 for the Board President. DIRECTOR STURGEON VOTED NO. PRESIDENT GOODIN VOTED NO. THE MOTION WAS CARRIED BY A 3-2 VOTE DISCUSSION AND POSSIBLE ACTION REGARDING REMOVING PIPE EASEMENT AT 28342 BURNS STREET, HIGHLAND, CA. M/S/C (Sturgeon-Lightfoot) that Legal Counsel be authorized to prepare a resolution to vacate and that the General Manager be authorized to sign the document for processing. MAY 31, 2002 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on May 31, 2002 was reviewed. Information only. GENERAL MANAGER'S REPORT ""'" The General Manager reported on district operations to date; that training with the new billing software was in process; that the Perchlorate Conference preparation is ongoing; that presentations by the Board President had been made for the winners of the District's first Poster Contest; that some of the winning posters will be placed on the District's Web Site and reproduced onto T-Shirts to promote the District's Water Conservation Program. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Wilson expressed appreciation and recognition for the work by Jo McAndrews on the Poster Contest. Information only. President Goodin introduced Steve Copelan, SBVMWD, who handed out information regarding the State Water Project and related costs. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. STATE OF THE COUNTY ADDRESS - RADISSON HOTEL & CONVENTION CENTER, JUNE 13,2002. Information only. ~ ASBCSD MEMBERSHIP MEETING - WOODY'S COCKY BULL, VICTORVILLE, CA., JUNE 17, 2002. Information only. MINUTES,06/11/02 ')'rl East Vall~Y Water District , :~5)WiJ~~? ....." .,. ',"'""V"""~'-'~'-"~'._-"~W- Memorandum To: Brian Tompkins cc: Accounting ;;! From: Robert E. Marti~ Date: June 14, 2002 Re: Directors' Expenses "" AtdtH3,;~~~une 11, 2002 Regular Bôard Meeting, a motion was made to r~d~Jci~~hhe annual expense for each Board Member's by $1,000 per fiscal ',"""'."p yèår'f9~;'~ maximum of $7,000 for each Board Member and $8,000 for the Board'President. This motion to increase the Directors' expenses was carried by a 3-2 vote with an effective date of July 1, 2002. REM:mew ~".';'; DATAþrOSe- PRODUCTION AGREEMENT Last updated: 6.16.1004 ,.., This Production Agreement ("Agreement") is made and entered Into as of the 1st day of August, 1004 ("Effective Date"). by and between DataProse, Inc., a Califomla Corporation ("DataProse"), and the East Valley Water District, a countywaterdistrlctorganlzed and operating under the laws of the State of Callfomia ("aient"), In consideration of the mutual promises and benefits contained herein, the parties hereby agree as follows: ARTICLE I SCOPE OF PRODUCTION AGREEMENT. During the term of this Agreement, DataProse agrees to provide to Client the goods and services described in Schedule 1.0 below. During the term of this Agreement, the Client agrees to produce a minimum monthly quantity of 15,000 invoices ("Minimum Commitment") based upon the rates and terms provided herein. In the event that the Client does not fulfill the Minimum Commitment during any given month, or for the required period, then Client shall pay to DataProse a Minimum Processing Fee in an amount that shall be calculated based upon the Minimum Commitment and the rates and terms provided herein. ARTICLE 2 COMPENSATION. In full and complete compensation for all goods and/or services provided by DataProse hereunder, Client agrees to pay DataProse according to the rates set forth in Schedule 1.0. DataProse will provide an invoice to Client after each production run consisting of the fees, as outlined in Schedule 1.0 and postage used. Invoices are due upon receipt and will be considered past due ifnot paid within 30 days. A monthly late charge will be assessed on statements not paid within thirty (30) days. The late payment charge will be 1-1/2% per month applied to the invoice amount unpaid (30) thirty days after billing to Client. The prices charged by DataProse to Client for the services listed in Schedule 1.0 will not be increased for a period of 12 months from the Effective Date of this Agreement ("Pricing Period"). All DataProse prices are subject to increase following this initial Pricing Period or any subsequent Pricing Period. Client will be notified of price increases, in writing, 90 days WI in advance of the scheduled effective date. The rate of any price increase shall not exceed 10% at the completion of any pricing period. ARTICLE 3 TERM. The initial term of this Agreement shall commence as of the Effective Date, and shall continue for one (I) year unless terminated earlier in accordance with provisions found elsewhere in this Agreement. This Agreement shall renew itself for successive one (I) year terms unless written notice of cancellation is received by one party from the other if a party exercises its right to terminate the Agreement at the end of the initial termor at the end of any succeeding one (I) year renewal term(s) by sending written notice of non-renewal to the other party no later than thirty (30) days before the expiration of the current term. ARTICLE 4 POSTAGE. DataProse will require that Client maintain a permanent postage deposit in connection with this agreement. Client shall deposit in advance with DataProse the sum specified on Schedule 2.0 below as the pennanent postage deposit. Upon termination of this Agreement, DataProse shall return the deposit amount to Client after payment for all services perfonned by DataProse under this Agreement and postage therefor has been paid by the Client. If this Agreement is terminated due to default of Client, DataProse may apply any of Client's funds it holds against any sum owed by Client to DataProse upon termination of this Agreement. IF CLIENT FAlLS TO MAINTAIN THE DEPOSIT AT THE ADJUSTED LEVELS, OR IF CLIENT FAlLS TO MAINTAIN CURRENT STATUS OF ALL INVOICES AS DESCRlBED IN ARTICLE 2, DATAPROSE MAY IMMEDIATELY SUSPEND ITS PERFORMANCE UNDER THIS AGREEMENT AND WILL HOLD CUSTOMER'S MAIL UNTIL THE DEPOSIT IS RECEIVED. ARTICLE 5 TERMINATION. Client or DataProse may terminate this Agreement for an event of default defined below if such default remains uncured (30) thirty days after written notice of the default has been received ~ from the party declaring the default. Page 1 01 3 Client:_DataProse:- DATAproseo PRODUCTION AGREEMENT Last updated: 6.16.2004 ~ (I) Failure of Client to pay for all goods and/or services as provided in this Agreement. In addition to other remedies provided by this Agreement and pursuant to law, DataProse has the right to withhold production and mailing of any further production cycles until Client's account is brought current. Any other breach by Client or DataProse of a term or condition of this Agreement. Bankruptcy or insolvency of either party. (2) (3) '-'" ARTICLE 6 FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the reasonable control of such party, including, without limitation: fire, explosion, power failure, flood, earthquake or other act of God; war, revolution, civil commotion, terrorism, or acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts. In such event, the party affected shall be excused from such performance (other than any obligation to pay money) on a day-to-daybasis to the extent of such interference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such party's obligations relate to the performance so interfered with). ARTICLE 7 CONFIDENTIALITY. DataProse agrees that any and all data, reports, and documentation supplied by Client or its affiliates or third parties on Client's behalf shall be, subject only to the disclosure required for the performance ofDataProse's obligations hereunder, held in strict confidence and shall not be disclosed or otherwise disseminated by DataProse without the consent of Client. ARTICLE 8 INDEMNIFICATION. Client agrees to indemnify and hold DataProse harmless for any and all claims from any person, firm, or entity whatsoever that may arise in connection with Client's supplying to DataProse the data, reports or other documentation necessary to perform its duties under this Agreement, except that such indemnification shall not extend to any claims that result from action by DataProse, its officers, employees, or agents, or anyone acting on behalf of DataProse, if such action is in violation of one or more terms of this Agreement. DataProse agrees to indemnify and hold Client harmless for any and all claims from any person, firm, or entity whatsoever that may arise in connection with any act or omission on the part ofDataProse, except that such indemnification shall not extend to any claims that result from action by Client, its officers, employees, or agents, or anyone acting on behalf ofDataProse, if such action is in violation of one or more terms of this Agreement. ,.., ARTICLE 9 WARRANTIES. DataProse shall provide all goods and/or services in a good and first class workmanlike manner in accordance with the terms specifically set forth in Schedule 3.0 below. The parties hereto agree that this Agreement is only for the production of goods and/or services. TIllS WARRANTY CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE GOODS AND SERVICES TO BE PROVIDED TO CLIENT. THE STATED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE Page 2 of3 Client:_DataProse:- PRODUCTION AGREEMENT DATAproseo Last updated: 6.16.2004 ~ ,..., WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ARTICLE 10 LIMITATION OF LIABILITY. Except as set forth in Article 8 above, the liability ofDataProse with respect to any failure to provide the goods and/or services as required under this Agreement shall in each case be limited to the compensation paid to DataProse for the defective goods or services. DATAPROSE IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT OR INCOME, even if DataProse has been advised of the possibility of such loss or damage. This provision will not be affected by DataProse's failure to correct any defect or replace any defective work product to Client's satisfaction. Client has accepted this restriction on its right to recover consequential damages as a part of its bargain with DataProse. Client acknowledges what DataProse charges for its goods and services would be higher ifDataProse were required to bear responsibility for Client's damages. ARTICLE II GOVERNING LAW AND JURISDICTION. This Agreement shall be govemed and interpreted in accordance with the laws of the state of California, without giving effect to the principles of choice of laws of such state. The parties each consent to the jurisdiction and venue of the Superior Court of the County of San Bemardino, State of California, as to any matters initiated in state court, and to the courts of the Central District of California for any matters initiated in federal court. ARTICLE 12 SEVERABILITY. If a court or an arbitrator of competent jurisdiction holds any provision of this agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. ARTICLE 13 WAlVER:MODlFICATIONOF AGREEMENT. No waiver, amendment or modification of any ofthe terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties hereto. Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. ARTICLE 14 NOTICE. All notices must be in writing and if not personally delivered, be sent by facsimile or by first class mail, or by electronic mail. Notices will be effective on the day when delivered, addressed to the other party at the address show in this Agreement. Either party may change the address to which notices are to be sent by giving notice of such a change to the other party. "IW Addresses for purpose of giving notice are as follows: If to DataProse: If to Client: DataProse, Inc. East Valley Water District 1451 North Rice Avenue, Suite A P.O. Box 3427 Oxnard, CA 93030 San Bemardino, CA 92413 Page 3 0( 3 Oient:_DataProse:- ..--- PRODUCTION AGREEMENT DATAprOSe- Last updated: 6.16.2004 ~ Attention: Chief Executive Officer Attention: Mr. Brian Tompkins ARTICLE IS ENTIRE AGREEMENT. This Agreement and its exhibits constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the production of goods and services for Client by DataProse, and supercedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nods any party relying on, any representation or warranty outside those expressly set forth in this Agreement. ARTICLE 16 ATTORNEY FEES. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for declaratory relief, the prevailing party in such action or proceeding shall be entitled to recover its court costs and reasonable out-of-pocket expenses not limited to taxable costs, including but not limited to phone calls, photocopies, expert witness, travel, etc., and reasonable attorney fees to be fixed by the court. Such recovery shall include court costs, out-of-pocket expenses and attorney fees on appeal, if any. The court shall determine who is the prevailing party, whether or not the dispute or controversy proceeds to final judgment. If either party is reasonably required to incur such out-of-pocket expenses and attorney fees as a result of any claim arising out of or concerning this Agreement or any right or obligation derived hereunder, then the prevailing party shall be entitled to recover such reasonable out-of-pocket expeuses and attorney fees whether or not action is filed. ARTICLE 17 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the '1IIIIf benefit of the successors and assigns of the parties hereto. The parties hereto execute this Agreement through their duly authorized officers, as of the day and year first written above. DATAPROSE, INC.: CLIENT: By: Glenn A, Carter, President By: Date: TItle: Date: Schedule 1 0 - Fees for Goods & Services Paper Bill (Indudes: data processing & duplex, ~color, laser Imaging, 8.5x11 at 3,5" from bottom, #10 double window env., #g single window reply env" folding, inserting, presorting and delivery to USPS) Search & VIew8i11 (Includes: data proces~ng, pdf creation, search & access capabiliües & hosting of pdf files for 3 months from creation date) Additional Search & V_8i11 Storage beyond 3 months (As requested by client) $0,145 PerBili $0.02 $0.005 Per Bill Per Statement Per Month Fastforward Service (Service plus electronic report) NetBili (Subscribed users only) (Includes: Intemet bill presentment (24x7 access to customer bills hosted on OataProse servers posting of invoices, emall notification of bill availability to customer) & Payment W' Facilitation (Real-time credit card payment submission & batch processing of ali ACH payments for dally proces~ng, daily accounts receivable file creation and delivery to client)) $0,50 Per Address Correction $0.50 Per Bill Page 4 of 3 Client:_OataProse:- PRODUCTION AGREEMENT DATAprOSe- Last updated: 6.16.2004 "w' Netßill Minimum (Maintenance fee) Additional Impressions OVersized Surcharge (&99 page bills- Group C) OVersized Surcharge (100+ page bills- Group D &. E) Additional Inserts (supplied/folded) Basic Set up Fee (CityBili or Standard Format and Reports) Technical Services (induding additional se~up beyond standard, formatting or custom reports conditional logic &. insert/forms cornpo~tion) Freight, Courier &. Air Delivery $500.00 Per Month $O,OS Per Impression $0,20 Per Bill $4,00 Per Bill $0.02 Per Insert $250.00 $125,00 Per Hour Cost Per Request $13,244.00 (2 mos. Volume. .301) Schedule 2 0- Permanent Postaoe Deoosit Permanent Postage Deposit (Based on two (2) months estimated volume of 22,000) Schedule 3.0- Performance Guarantee DataProse will deliver dlents bills within an average of one (1) Business Day after the applicable Determination Date (as Defined herein). Such average time period will be determined by measuring the number of elapsed Business Days between each respective determination date and the date which a majority amount of the OIenrs bills were mailed for conseC\Jtlve three (3) month period, The "Determination Date" Is the date which data is received - either via electronic transmission (FTPormodem) or hard copy media (tape or disk) if prior to 10:00 AM, local time. If data is received after 10:00 AM, local time, or not on the date of the agreed upon production schedule, the Determination tate is the Business Day immediately following the date data is received, Schedule 4 0- Glossarv onerms Impression Laser Imaging of one side of one piece of paper. Each physical piece of paper can contairtwo (2) impressions, USPS Un~ed States Postal Service "'-" Laser Imaging The process where the application of dry toner (ink) is electro statically applied and bonded to a piece of paper. Simplex Laser Imaging of one (1) side of a piece of paper only, Duplex I Laser Imaging of both (2) sides of a piece of paper. Ail statements processed as duplex will be charged for duplex Imaging whether or not there Is infOl'l11atlon on the back page. DE Outer Envelope - This envelope is used as the carrier mechanism fa all information contained in a pacl<age to be mailed, RE Reply Envelope - This envelope is usually utilized by a C\Jstomer to retum Information/payment requested by on organization. Presorting The act of organizing mall according to the rules and regulalons defined by the USPS In order to achieve lower postage rates and Increase deliverability of mall. Business Day I Any day in which !he USPS as well as !he U.S. Federal Reserve are open for business. U.S, federal holiday I All Holidays as defined by the U.S. Federal Reserve. 24x7 I 24 hours a day, 7 days a week. Additional Inserts I Any item requested to be placed Into the mail container above and beyond (a) the bill and (b) the RE . Container lone complete piece of mail pacf<aged into one DE. Bill I Data and other information pertaining to one (1) account number and usually In reference to one C\Jstomer W' Page S of 3 Cllent:_DataPrœe:- ~ !!!!I!Æ!!!!!:'~ Proposal for Printing and Mailing Services w June 21, 2004 Proposal Provided By: InfoSend, Inc. 1041 S. Placentia Ave Fullerton, CA 92831-5105 (800) 955-9330 www.infosend.com '-" ,., Company Profile Mission Statement: "Our goal is to provide the best possible products and services along with cost savings to our customers in an accurate, reliable and timely manner - with a personal touch." InfoSend, Inc. has been providing data processing, printing and mailing services since 1996. In addition to these services InfoSend offers e-business solutions such as EBP, EBPP and customized e-business solutions. The InfoSend's business philosophy is to "be proactive and try to prevent problems from occurring and certainly from being repeated. Only satisfied clients can be retained." InfoSend's core competencies are information technology, document imaging, and document design. InfoSend's founders have 30 years of combined Information Technology experience. This background has helped the company adapt to changes in technology and introduce new services to meet its client's needs. We continually improve services and find new ways to meet the needs of its clients. InfoSend's client base displays a wide arrange of industries. From Municipalities, Health Care, Distributors and Financial Institutions, InfoSend is a leader in financial statement printing, mailing and online bill presentment. More information is available; please contact your account representative. InfoSend Location & Facility w InfoSend currently operates out of two conjoined buildings, and occupies approximately 18,500 sq ft. All mail deliveries from the main facility are made to the main post office hub in Anaheim, California approximately 4.5 miles from our facility. Main Offices, Production, Mail & Shipment Delivery Address: 1041 S. Placentia Avenue, Suite 100 Fullerton, CA 92831-5105 Production, Secondary Offices & Main Warehouse: 1035 S. Placentia Ave Fullerton, CA 92831 (800) 955-9330 toll free (714) 525-8600 local (714) 446-1482 fax www infosend.com Disaster Recovery: The location for InfoSend's second site is 1475 Park Avenue, Redlands, CA 92373. This facility will be used as a Disaster Recovery site and is scheduled to be online for "recovery" services on or before January 1", 2005. The site will start out as the D.R. facility and within 2 years become a full production facility. Customer Service ~ InfoSend does not employ the use of an automated telephone answering system; a customer service representative will always answer incoming calls. Most customer service issues can be resolved within the initial phone call or e-mail. If an issue cannot be resolved within the initial contact the customer service representative will research the issue and respond within 24 hours. The sales team is cross-trained in order to provide our customers with timely and reliable service. Upon the award of a contract, InfoSend will provide the Client with a full departmental contact list. 2 w Overview Set-up: InfoSend creates a custom program to print and mail your data files, You will not have to alter your data format to conform to our systems. Multi-file formats will be accepted without any additional charge. Processing: POSTNET bar coding, electronically separated multiple pages, quality control performed on every batch. Forms: Custom laser compatible, perforated stub for easy remitting and lockbox compatibility. Envelopes: Standard double window #10 security tinted envelopes for mailing and standard #9 single window security tinted envelopes for return. Inserts: Several options are available. Drop-ship ready to mail inserts to InfoSend, send a file to be printed. InfoSend can help design your inserts. Mail: Bar coded, presorted and mailed within 24 hours from receipt of your data transferl ACS: Address Change Service and Undeliverable reports are available upon request. Custom reports allow you to keep database information up to date. Optional Service. 'W' CD Archiving: Optional service. If you need long-term storage of statement images the CD Archiving service is a good fit for you. EBP: Electronic Bill Presentment, optional service. When used on its own without online payment features, EBP is a useful and low-cost tool for your customer support team. Exact replicas of printed bills can easily be found and printed from our archive. EBPP: Electronic Bill Presentment & Payment, optional service. Provide your customers with the ability to pay their bills online! Please contact your account representative for more information. Description of Print & Mail Service Processing and merging data laser imaging and bar coding onto form Document folding Inserting main document and #9 return envelope into #10 envelopes Presort first class postage and mail ACS- Address Change Service '-" Transfer of data can be done daily, weekly or monthly as is required. InfoSend currently receives data via e-mail, high speed modem, FTP and secure website upload. Upon the receipt of data, a File Transfer Confirmation report will be sent via e-mail. Your data will then be processed, address validated, printed, put through quality control, bar-coded, folded, inserted, presorted and mailed within 24 hours, ~ References Client Name: ~ Colton Public Utilities 650 N. La Cadena Drive Colton, CA 92334 Margie Ramirez, Customer Service Supervisor mramirez(â)ci.colton,ca.us (909) 370-5122 City of Corona 735 Corporation Yard Way Corona, CA 91720 Cindy Falsken, Revenue Supervisor cindvf@ci.corona.ca.us (909) 736-2407 Valley County Water District 14521 Ramona Blvd Baldwin Park, CA 91706 Patsy Chavez, Administrative Services Manager pchavez@vcwdnet.com (626) 338-7301 Rowland Water District 3021 S. Fullerton Rd. Rowland Heights, CA 91748 City of Indio 100 Civic Center Indio, CA 92202 Sean Henry, Finance Officer SHenry@rowlandwater,com (562) 697-1726 Kelly Smith, Fiscal Officer ksmith(â)indio.orq (760) 342-6560 x565 ~ EI Toro Water District 24251 Los Alisos Blvd Lake Forest, CA 92630 Dave Westphal, Systems Coordinator dwestphai@etwd com (949) 837-7050 The information in this proposal is confidential and is not to be used or disclosed except to the recipient's employees, officers and agents engaged in evaluating this proposal. This proposal is valid for 90 days after the date of submittal. ,., ( ( « EAST VALLEY WA TER DISTRICT DRAFT 2003 - 2004 BUDGET 2004 - 2005 BUDGET 'í.loIA.-- <tr",~,_5'~~.~ "'~o¡..- "þ!l¡"J!!,,' 10,-4oís_"-1c,.œð. 2ðb.UöO . . 13ó¡Oëiit . ~~ '. -~~-;~ . -36.67% 900.00% 17.39% -7.14% ."', PtHrIPfHG: ., ,'. . StFØMSION ~ - ~ 1 v&IICl£ ~ & A8.. SCHEOUlE 8 MA ~ ANØ, -.....ø MAINTENANCE 324,000 <40,000 210,000 Page1of13 324.900 4O,Qoo 210,000 350.000 35,000 35.000 200,000 8.02%1 -12,50% --4.76% '.' ". ~ ..., ..., h l> ~ (/) Q Ct ~ ~ >- LU ....J ....J ~ h (/) q: LU f- LL « Q:: 0 f- W C) 0 ::J (J '" 0 0 N "" Õ '" Q) ß' c.. . . ~¡ It -Ill 1'1- .. "" 0 0 N '. :ullJli § ~ § §§§ § -_.~ ~ ~ g ~ f- W C) 0 ::J (J "" 0 0 N I,.";..".. c' .c'- -.;-m - ~~, ;' ~-~->JcYltl ~ '" 0 0 N ~~ 0;(10% '2.22'11.: ~: :2 , ..' . 10,000 10,000 1õ: ~ ~ 25,000 25,000 25,000 25,000 :is'- èø;. 3.000' too:ÐO% æ. -----, 25,000 0.00% 25.000 0.00% 10,000 TELEMETRY: ~e 25,000 211:000 Page 3 of 13 ~~i 4,385,050 Page 4 of 13 5.41% 1$2,1.35 .~~ . àIIIf~. '1$$~ 1,137,570 16,178,620 13.42% 15.11% TOTAL CAPITAL PROJECTS 75,000 35,000 1. tW,«X/ 90,000 ;',' ..:~ <4oö;ooo . 400,000 500,000 - soo,I)IIiJ 25.00%! 100,000 . 100,000 l1Q.ooo . 11C),OOÔ 10.00% 10,000 5,000 15,000 10,000 5.000 15.000 0.1)0%1 100.000 . 1.00,000 - . . -100.00%1 2,500 2,500 5.000 2,500 2,500 5.000 0.00% 100,000 . 100.000 1,501,500 604,500 2,106,006 1ß41,500 475,500 2,01'[,000 -4.23% Page 5 of 13 ( « '140.IlOl,)' _Dllô: 1.525.COO 5 :JO:J 1".061.650 13500:>0) 3,650 5.000 ;:Kg::;:j::; 6843350' . . ..' 3,650 Page 6 of 13 100.00% ( ( ( Page 7 of 13 511,000 4,280,000 3,248,000 257,000 1,373,000 537,000 ~~ IÒ~ §§§ ~gg ,IiI "'ôô - ....-- l§ ,¡g . -- ;fi. N 0 0 0 ,-:- '" 0 0 0 ui '" 0 0 0 Ñ CD 0 0 0 ui '" '" õ IX) Q) CD IV Q. ( ( EAST VALLEY WA TER DISTRICT SCHEDULE OF UTiliTIES 2003 - 2004 BUDGET II,¡],~. ( SCHEDULE 3 DRAFT 2004 - 2005 BUDGET ""iii .. Ta ..". 0; ;~ 2,2OO,pi¡t! 2,áOO~ - 2,2GO,000 2.2ØO.øQO 2.200,ÒOO . - 2,200,OQO 5O;ØIIQ "'35,000 85,000 t.: 500 1,500 .5Ó¡ògìJ .- 35,000 85,000 1t%t1IlØ?, 5,000 15;000 . .",..- - - <.-,.; '..',. ' 75,500 188,500 21.74% 2d1L000 75,500 2,386,500 1.73% Page90f13 ( . .. \.,!,'¡~n~ 106 . 2!10 2;OIk) . 13,000 1.000 '2~ ,(=, 1,.' $OQ 1,000 W,~ 7,000 5;000 ~ 1.800 100 1,500 15 . .2.000 13,tJOO 8OÒ """'1' .íoø ¡~~ ,tI~ 4,!IC)þ 3;000 100 900 100 1,000 7;500 t ;200 2,500 tÖTAL DUES AND SUBSCRIPTIONS 57,300 .400 ,,1.(JQ.. . ¡r ,tÐI) .>450 JOt) " .. ',~~,. 2;500 2,000 100 900 500 7.500 600 2,500 27,500 Page10of13 15,000 1,800 5,000 84,800 8.1ØØ" 5,Q00 100 150 2,000 13,000 1,000 1 ,600 200 1.IlOO' 10,00Q 100 7OQI, 85Q 200 650 8,!!OØ 8.000 2.000 100 1.000 100 1,500 7,500 1,200 2,500 74,250 , "aoò 50 100 500 900" .¡ 1of 456" , 109 350' 3,5QØ 3,000 2,000 100 1,000 500 350 7,500 IlOO 2,500 33,800 '13~OOO 5.ÒOO 150 250 2,000 13.000 1,500 2;500 300 2,400 15,000 200 700 1,300 300 1,ÒOO 10;000 9,000 4,000 200 2,000 100 2,000 350 15,000 1,800 5,000 108,050 ( 8.33% 0.00% 0.00% 0:00% 0,00% 50.00%1' 25.00% 0.00% -100.00% 9.09% 0.00%1 0.00% 0.00% 0.00% 0.00% 0.00% 28.57% -20.00%] 0.00%. 11.11% 0.00% 33.33% i 0.00% 0.00% 0.00% 27.42% ( ( ( 20,000 80.000 25.0Q0 10&,000 10.53%' 3,GOO" !tOOO 3.000 11.000 0.00%: 35,001) ~,OOO 30,000 EIS,OOO -10.53% 5.000 10.000 5.000 15.000 0.00% 4,000 10.000 8,000 18.000 14.29% 5,000 12,000 8,000 18,000 20.00% 5,000 12,000 8.000 18,000 12.50% 12J!)O 20,000 10,000 30,000 -11.78% 5,000 13,000 7,000 20,000 66.67%1 4.500 10,000 5,000 15,000 7.14% 4,01)0 7,000 4,000 11.000 0.00%1 .. . .,. .. $0,000 - 30.000 20.00% 20,*, . ' 80,000 25,000 85,000 13.33%! 5,qQO . 15,000 10,000 25,000 66.87% 15_' 35,000 15,000 50,000 0.00% a',oiII:C 12.000 8,000 2O,(OO 0.00% 5;000 5,000 6,000 10.000 -33.33% 530,000 392,000 170,000 562,000 6.04% '"'-. ,".., Page 11 of 13 ~ ~ g ~ b 0 ci '¡II~iIIAI ".~'-"'I:í. .....~.~.t;;- , v, on""""'" .... '" rð", '" ~ õ ~ .. C) '" a. w .., ~ 0 ,¡¿ b 0 0 M 'õ M Q) C> '" a. -' JIlL June 14,2004 MUNICIPAL FINANCE CORPORATION 23945 CaIabasas Road, Suite 103 CaIabasas. CA 91302 Telephone (818) 224-4787 Telecopier (818) 224-4789 www.munifinance.oom ...., Mr. Robert Martin General Manager East Valley Water District 1155 Del Rosa Avenue; P.O. Box 3427 San Bemardino, CA 92413 Subject: Installment Sale Financing Dear Bob: Weare pleased to submit an installment sale financing proposal in accordance with the tenns and conditions set forth below. The proposal is subject to final review and credit approval by Citizens Business Bank following the receipt of a proposal acceptance by the District. Purchaser: East Valley Water District Seller: Municipal Finance Corporation ~ Assignee: Citizens Business Bank Project: Construction of administrative facility and transmission/distribution upgrades Financing Amount: $10,000,000 Expected Closing Date: JuJy 15, 2004 Funding: The Installment Sale proceeds will be advance funded to a custodial account at no cost to the Purchaser. All reinvestment earnings on the Installment Sale proceeds will inure to Purchaser's benefit. Any excess proceeds after payment of the Project costs will be credited towards the principal component of future installment payments. The date funds are deposited into the custodial account establishes the Installment Sale issuance (closing) date. Option 1 Installment Tenn: Fifteen (15) years ,., Interest Rate: The installment payments are computed at a 4.35% annual percentage rate. '-'" East Valley Water District Attention: Mr. Robert Martin General Manager June 14,2004 Instal1ment Payments: Option 2 Installment Term: Interest Rate: Instal1ment Payments: w Prepayment Option: Security: Documentation/Credit: Bank Qualified: Proposal Acceptance: ... The Installment Sale will specify thirty (30) equal consecutive installment payments payable semi-annually in arrears. Based upon a Financing Amount of $10,000,000, each payment will be $457,314.66 (see attached payment schedule). The first payment is due six months following the Installment Sale closing date. Twenty (20) years The installment payments are computed at a 4.50% annual percentage rate. The Installment Sale will specify forty (40) equal consecutive installment payments payable semi-annual1y in arrears. Based upon a Financing Amount of $10,000,000, each payment will be $381,773.78 (see attached payment schedule). The first payment is due six months following the Installment Sale closing date. The Purchaser has the option to prepay the Installment Sale on any installment payment date commencing five years after the Installment Sale closing date. A 2% prepayment premium shall apply. The Purchaser shall pledge the net revenues of the water system towards the payment of Installment Payments on a parity with the District's Certificates of Participation issues. Preparation of Installment Sale documents will be the responsibility of the Seller. Closing the Installment Sale is subject to favorable credit review, completion of documentation and the receipt by Seller of a legal opinion directed to Seller by counsel to Purchaser, all of which must be to the satisfaction of Seller and the Assignee. The proposal is subject to the Purchaser designating the financing as "bank qualified" under Section 265(b) of the Intemal Revenue Code. This requires the Purchaser and its subordinate entities to issue no more than $10,000,000 of tax-exempt financings in total during calendar year 2004. The time for accepting this proposal expires on July I, 2004. Acceptance may be "subject to" approval of the Purchaser's goveming body. 2 East Valley Water District Attention: Mr. Robert Martin General Manager June 14,2004 ~ If this proposal is acceptable, please sign below and return the acknowledgment copy. If you should have any questions or if I may be of any assistance to you, please contact me at (818) 224-4787. We look forward to working with you. Sincerely, MUNICIPAL FINANCE CORPORA nON OPTION#- ACCEPTED BY EAST VALLEY WATER DISTRICT ~¿"~ SIGNED: President DATE: .., ~ 3 PREPARED BY MUNICIPAL FINANCE CORPORATION DATE: June 14, 2004 PROPOSED INSTALLMENT SALE FOR: East Valley Water District RE: Administrative facility and transmission/distribution upgrades '-' NOTE: TERMS ARE BASED UPON INSTALLMENT SALE BEING BANK QUALIFIED Prepayment Option amount is exclusive of the installment payment due Interest rate quote is valid for an acceptance within 15 days and funding within 45 days. Payments: Semi-annually in ARREARS 15 years 4.35% PMT Due Date Insta lment Prepayment To To II Pa ent 0 tion princi al Interest 1 457,314.66 239,814.66 217,500.00 2 457,314.66 245,030.63 212,284.03 3 457,314.66 250,360.05 206,954.61 4 457,314.66 255,805.38 201,509.28 5 457,314.66 261,369.14 195,945.52 6 457,314.66 267,053.92 190,260.74 7 457,314.66 272,862.34 184,452.32 8 457,314.66 278,797.10 178,517.56 9 457,314.66 284,860.94 172,453.72 10 457,314.66 7,500,048.96 291,056.66 166,258.00 11 457,314.66 7,196,714.07 297,387.15 159,927.51 12 457,314.66 6,886,781.64 303,855.32 153,459.34 13 457,314.66 6,570,108.19 310,464.17 146,850.49 14 457,314.66 6,246,547.10 317,216.76 140,097.90 15 457,314.66 5,915,948.54 324,116.23 133,198.43 16 457,314.66 5,578,159.47 331,165.76 126,148.90 ~ 17 457,314.66 5,233,023.48 338,368.61 118,946.05 18 457,314.66 4,880,380.79 345,728.13 111,586.53 19 457,314.66 4,520,068.12 353,247.72 104,066.94 20 457,314.66 4,151,918.65 360,930.85 96,383.81 21 457,314.66 3,775,761.93 368,781.10 88,533.56 22 457,314.66 3,391,423.80 376,802.09 80,512.57 23 457,314.66 2,998,726.32 384,997.53 72,317.13 24 457,314.66 2,597,487.66 393,371.23 63,943.43 25 457,314.66 2,187,522.06 401,927.06 55,387.60 26 457,314.66 1,768,639.71 410,668.97 46,645.69 27 457,314.66 1,340,646.67 419,601.02 37,713.64 28 457,314.66 903,344.78 428,727.34 28,587.32 29 457,314.66 456,531.58 438,052.16 19,262.50 30 457,314.66 0.00 447,579.98 9,734.68 TOTALS: 513 719 419 80 510 000 000 00 53.719.439 80 ..., PREPARED BY MUNICIPAL FINANCE CORPORATION DATE: June 14, 2004 PROPOSED INSTALLMENT SALE FOR: East Valley Water District RE: Administrative facility and transmission/distribution upgrades '~NOTE: TERMS ARE BASED UPON INSTALLMENT SALE BEING BANK QUALIFIED Prepayment Option amount is exclusive of the installment payment due Interest rate quote is valid for an acceptance within 15 days and lease funding within 60 days. Payments: Semi-annually in ARREARS WI PMT Due Date # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTALS: -.; Installment Pa ent 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381, 773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 381,773.78 515.270 951 20 Prepayment 0 tion 8,428,891.81 8,229,132.62 8,024,878.85 7,816,029.37 7,602,480.77 7,384,127.33 7,160,860.94 6,932,571.06 6,699,144.65 6,460,466.15 6,216,417.38 5,966,877.51 5,711,723.00 5,450,827.51 5,184,061.87 4,911,294.01 4,632,388.87 4,347,208.37 4,055,611.30 3,757,453.29 3,452,586.74 3,140,860.68 2,822,120.79 2,496,209.25 2,162,964.70 1,822,222.16 1,473,812.90 1,117,564.44 753,300.39 380,840.39 0.00 20 years To princi al 156,773.78 160,301.19 163,907.97 167,595.90 171,366.80 175,222.56 179,165.06 183,196.28 187,318.19 191,532.85 195,842.34 200,248.80 204,754.39 209,361.37 214,072.00 218,888.62 223,813.61 228,849.42 233,998.53 239,263.50 244,646.93 250,151.48 255,779.89 261,534.94 267,419.47 273,436.41 279,588.73 285,879.48 292,311.77 298,888.78 305,613.78 312,490.09 319,521.12 326,710.34 334,061.32 341,577.70 349,263.20 357,121.62 365,156.86 373,372.93 4.50% To Interest 225,000.00 221,472.59 217,865.81 214,177.88 210,406.98 206,551. 22 202,608.72 198,577.50 194,455.59 190,240.93 185,931.44 181,524.98 177,019.39 172,412.41 167,701. 78 162,885.16 157,960.17 152,924.36 147,775.25 142,510.28 137,126.85 131,622.30 125,993.89 120,238.84 114,354.31 108,337.37 102,185.05 95,894.30 89,462.01 82,885.00 ,76,160.00 69,283.69 62,252.66 55,063.44 47,712.46 40,196.08 32,510.58 24,652.16 16,616.92 8,400.85 510,000 000 00 55.270 951 20 '- 'oW' ..... June 21, 2004 .~. ARROWHEAD W Dadi,,"d" helping mamb.,. b,ad w..llh CREDIT UNION 'W' East VaHey Water District Brian Tompkins, CFO P.O. Box 3427 San Bernardino, Ca. 92413 Dear Brian: The foHowing proposal outlines the tenns and conditions under which Arrowhead Credit Union would consider structuring a credit package for East VaHey Water District. We hope that this arrangement will satisfy your inunediate borrowing needs and that we can develop a close working relationship together. East Vallev Water District Proposal A BORROWER: East Valley Water District AMOUNT: $8,000,000.00 FACILITY: Tenn Loan ,.. MATURITY: Five year maturity with a twenty-five year amortization RATE: Interest rate fixed at 6.25% PREPAYMENT: NONE LOAN FEE: 1.00% of the loan amount, plus costs for an appraisal, title policy, and environmental assessment report, ifrequired. Proposal B BORROWER: East Valley Water District AMOUNT: $8,000,000.00 FACILITY: Tenn Loan MATURITY: Ten year maturity with a twenty-five year amortization RATE: Interest rate fixed at 7.25% ~ PREPAYMENT: NONE Post Office Box 735 . Son Bernard,"o, CA 92402 ....... LOAN FEE: 1.00% of the loan amount, plus costs for an appraisal, title policy, and environmental assessment report, if required. This proposal letter is not to be construed as a commitment to lend by Arrowhead Credit Union. It represents the parameters under which we would like to structure the credit facilities described. Arrowhead Credit Union, a full service financial institution, is prepared to fully accommodate all of your banking needs. Outlined below is a summary of the major banking services we are prepared to provide: A) DEPOSITORY ACCOUNTS AnaJyzed Business checking plans and Savings and CD Accounts with competitive nationwide rates (NCUA or FDIC insured). In conjunction with your depository accounts, we will offer the following services: w . PORTFOLIO MANAGEMENT AND INVESTMENT SERVICES . COMMERCIAL INSURANCE . PRN ATE BANKING SERVICES . PERSONAL TRUSTS . TAX PLANNING FOR INDIVIDUALS . PAYROLL SERVICES . BANK AT WORK PROGRAMS . COMPLIMENTARY WORKSHOPS . COURIER SERVICE . CORPORATE VISA CREDIT CARD We hope this proposal has provided a summarization of products and benefits offered by Arrowhead Credit Union designed to meet your needs. Arrowhead Credit Union believes in long-tenn, mutually beneficial relationships and looks forward to serving you with the products reviewed above. We appreciate this opportunity to be of service to you. If you have any questions, please do not hesitate to contact us at the phone numbers listed below. Sincerely, rn~A~ ~ Linda Kimball Vice President Business Development Officer 909-553-3679 /)(4 J~e~ Bobbi Miller Membership Services Account Executive 909-379-6537 "'" ACCOUNT OWNERS NUMBER NAME 1. 0210179-00 2. 0710137-08 3. 0830285-01 4. 0910774-00 5. 1010032-03 6. 1130167-07 7. 1270353-01 TOTAL RELEASES OF LIEN JUNE 15, 2004 PROPERTY ADDRESS AMOUNT OWED $ 51.51 $ 96.20 $ 17.22 $ 74.39 $ 53.47 $ 82.65 $ 84.41 $ 459.85 +PAID THROUGH TAX ROLLS ~ 'w" Page 1 of 1 EAST VALLEY WATER DISTRICT Water Quality Conference Update 'w' Actual Budget to Date Variance Revenues Co-Host - AWWARF 25,000 25,000 Registration Fees (250 paid) 93,750 (93,750) Booth Rental 3,500 (3,500) Sponsorships - Cash 92,500 46,350 (46,150) 214,750 71,350 (143,400) Expenditures Conference Coordinator 90,000 24,540 65,460 Printing and Publications 14,000 5,624 8,376 Printing and Pub - Conf Coord Postage and mailing 3,500 3,500 Promotional Items 7,000 5,345 1,655 Legal 1,000 318 682 Doubletree Morning 10,500 10,500 Lunches 17,500 17,500 'iIIW' Breaks 8,400 8,400 Reception 4,250 4,250 Photographer 1,000 1,000 Audio visual 6,000 6,000 Hotel rooms - Board & Staff 2,000 2,000 Hotel room - Conf Coord 650 650 Planning and Marketing Meals 1,500 1,713 (213) Lodging 5,000 3,450 1.550 Staff Dinners 4,000 4,000 Speaker travel and lodging 20,000 20,000 Supplies 450 450 Consultant - Conf Database 500 500 Credit Card Processing 1,500 1,500 EVWD Payroll 16,000 5,544 10,456 214,750 46,534 168,216 Balance 24,816 -- _",0 ST", . ,~ ft \, ~~./1i L~~ ~,~, o,ð <, ,"0'" UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San FrancIsco, CA 94105-3901 '-' Jv" 1 c LuG4 Robert Martin, General Manager East Valley Water District 1155 Del Rosa Ave. San Bernardino, CA 92413 Re: Termination of Federal Administrative Order Docket Number: PWS-AO-2004-109 PWS Identification No.: CA3610064 Dear Mr. Martin: On March 25, 2004, the u.S. Environmental Protection Agency ("EP A") issued the East V alley Water District (the "System") a Federal Administrative Order for failing to comply with the Unregulated Contaminant Monitoring Regulation ("UCMR") of Title 40 of the Code of Federal Regulations, Part 141, Subpart E, mandated by the 1996 Amendments to the Federal Safe Drinking Water Act ("SDW A"). The Administrative Order required the System to electronically approve and submit to EPA the results of the 12 chemica] contaminants required by the UCMR regulations listed in Table I at 40 C.F.R. § 141.40(a)(3) as required by40 C.F.R. § 141.35. w Based on an examination of information that was reviewed, approved and submitted by East Valley Water District that EP A obtained from its Central Data Exchange, and phone conversations and correspondence with the District, the March 25, 2004 Administrative Order is hereby terminated. Please note that under 40 C.F.R.§ 141.207 community water systems that are required to conduct UCMR monitoring must provide special notice to the persons served by the system of the availability of the results of such sampling no later than 12 months after the monitoring results are known. The form and manner of the special UCMR public notice can be effectively addressed in the District's next annual Consumer Confidence Report ("CCR"). EP A reserves the right to take any action, including enforcement action, against you in the future based on any evidence that you have failed to comply with the UCMR regulations or any other provisions of the SDW A. w Prinr.d on Recycl.d Pap" -- ~ ~ East Valley Water District Page 2 We thank you for your cooperation in complying with the SDW A. If you have any questions concerning this action, please contact Patrick Chan at (415) 972-3551. Sincerely, ~~- Corine Li Manager, Drinking Water Office cc: CDHS, Drinking Water Program District Office, San Bernardino, CA Fred Stafford, East Valley Water District, San Bernardino, CA ,"".,,'.' ,: <;;,,~:s:'C; , ... "'" w -10 A briefing/or lawyers, water managers, government officials, business executives, public interest groups and those interested in key water issues. r¡~~l:~W~ ._~f~ ' í - " " .,. ~> "~,' ~,' \~,-::-:---, - ' , ,'-'-;;;-:i-:: July 15-16 Hyatt Regency Islandia Hotel. Mission Boy. Son Diego, CA Sponsoled by ~ WATER EDUCATION FOUNDATION Co.sponsored by the Natura! Resources Subsection at the Rea~ Pro[C",i\ Section of tee State Bar of Callfcrnlo THURSDAY, JULY 15 '-' 8:00 am Registration and Continental Breakfast 8:30 Welcome Rita Schmidt Sudman, Exm,tive DirtCtor, WIz'" Education Foundation 8:45 Keynote: "Water, Water Anywhere!" ... ~ . . Charles "Chip: G~~~ DireCtOr, u.S,. GeQÚ!gi<aJ SUTv,! " '-" 9:30 BREAK 9:45 On the Ground - The California QSA in Action Last year, fout Califomia agencies signed an agreement quantifYing their share of . the Colorado River. The QSA includes an array of plans to conserve and transfer water, and protect the Salton Sea. What's the latest of the plan's implementation? Robert Johnson, Regional DireCt" u.S. Burtau of &clamation, Lower CoÚ!rado Region John Penn Carter. Chief Counsr/, bnperial Irrigation DiStriCt Dennis Underwood. VI" P",itknt, Colorado River Issues, MWD of Southern California Maureen Stapleton, Gen"",1 Manager, San Diego County Wlzter Authority Steve Robbins, General Manage~ Coachella Valley Water DistriCt Motkrator: Gary Weatherford. Attorney, WeatherfOrd <7 Taaffi II :00 Tulare Lake v. United StIlte" An Analysis of the Endangered Species Act Takings Compensation Case Opponents of the federal ESA «cendy opened a new front in their campaign againSt the law by successfully asserting that they must be compensated when federal water allocated to them is used to protect species. Will the award of millions of dollars in compensation blunt use of the ESA? Or lead to further litigation? Daniel J. Q'Hanlon, Attorney, Kronick, Morkovitz. Tiedemann <7 Girard" Gteg Thomas. Attorney, Natural Heritage Institute Moderato~ Brian Gray, Hastings School of Law. University of California " Noon Lunch Rick W~:n, ¿-Auth~~ The ~of California.' I :30 pm What Does '~ppropriate Measurement" of Urban and Agricultural Water Mean! CALFED identified "appropriate measurement" of wat<r as a way to ascertain the benefits of conservation and/or new supplies. Ie was a controversial proposal, with the decails hashed-out during three years of stakeholder meetings. What is the end result? Tom Gohring. As,istant Deputy DirtCto~ California Bay-Dr/ta Authority Chris Kaphelm, General Manage" Alta Irrigation DistriCt Steve Macaulay. Executive Dirtcto~ California Urban Wlzter Agencit.f Frances Spivy-Webec, Executive DireCto~ Policy. Mono Lake Committee Motkrato" M"'}' Ann Dickinson, Exm,tivt Dirmo" California Urban Wlzt" Conservation Council 3:00 3:15 BREAK Bulletin 160 and the Schwarzenegger Administration - Any Changes in Store! Lat< last year, the DWR released a Stakeholder Review Dtaft of its California Water Plan update, Bulletin 160. In the wake of numerous comments and a change in govemors, the plan is being revised. Learn about the key features, themes and recommendations of the new administration. Grant Davis, Executive Dirtcto~ The Bay Institute of San Francisco Lloyd Fryer, Policy and Administration Managt~ Krrn County Wlzter Agency" Grace Chan, Manager, R'lOur" Planning <7 D,veÚ!pment S,ction. WIz'" &lOur" Ma""g""ent Group, MWD of Southern California John Mills, Wlzter &,ou"" Consultant, &gional Council of Rural Counti.. Motkra,," Kamyar Guiverchi, Manager, Statewid, Wlzter Planning, California Departmtnt o[Wat", Rmurw ,.., 4:30 HOSTED RECEPTION Honoting attorney Joseph Sax Co-sponsored by Bold, Polisner, Maddow, Nelson & Judson; Elfuon, Schneider & Harris; Rossmann and Moore, LLP; and Weatherford & Taaffe FRIDAY, JULY 16 ....,... 8:00 am Continental Breakfast 8:30 am Mercnry Rising: Dealing with History's Toxic Legacy The Gold Rush is over, but the mercury used to separate gold from rocks and gravel remains. Learn about the problems caused by mercury's organic cousin, methylmercury, and attempts to remedy this pervasive pollutanr. . Ì<ham Abu-S~ba,' Smlo~ Sdmtist,. Larry Walk... Æ!~da'" . . 9:15 Finance, Finance, Finance: How Can We Pay for the CALFED Plan? "Beneficiary pays" is an underlying theme of CALFED, but how to quantifY the degree of benefit and decide who should pay, and how much, is a controversial issue. Hear the latest abour the draft Finance Options Report relea.sed in May. Patrick Wrighr, Executive Dlr<Cto^ California Bay-Delta Authority" Joe Caves, Parm", Con",vation Stra"KY Group" David Guy, Executive DI"cto^ North...n California Wlzt" Æ!ociation Tim Quinn, VI« Pml""'t, Sca" Wlzt... Proj<Ct Issu". MWD, of Southern California W. Michael Hanemann, Prof"'"^ Agricultural Economics, U. C B..."elry. Memb", California Bay-Delta Authority; Indepm""'t Flnan« Review Committee Mod,,"co", Steve Macaulay, Executive Dlrecto^ California Urban WIz"r Agmci" 10:45 BREAK ~ 11:00 Sea Water Desalination Much touted a.s a key part of Californiis water future, desalination ha.s hit some rough sea.s in the struggle to establish itself Although COsts are declining, controver- sies continue over public vs. private ownership of desalination facilities and potential impacts on coa.stal resources. Perer Maclaggan, Vi« Pm¡""'c, Pore/don R"ou"" Scort Perers, Membe^ San Diego City Council and California Coascal Commission" Mod"acor: John Minan, Proftssor. University of San Diego School of Law, Chair ofthe San Diego &gional Wlzttr QJutlity Control Board 12:30 p.m. Adjourn "Invl"d Location - The briefing will be at the Hyatt Regency Islandia Hotel, 1441 Quivica Road, San Diego. Parking is complimenwy. Shuttle rtansportation from the airport to the hord is available via Cloud 9 Shuttle, 800-9-SHUTTLE (974-8885), or hrtp:11 www.cloud9shuttle.com/. Car temal and taxi services also are available ar rhe airpOrt. Fee and Enrollment- Registr&rion fee is $350 for WEF major comribmors ($100 or more annual conrribution) and $400 for non-contributors. The fee includes course materials - including a full set of Layperson's Guides -lunch and . hosted reception on <lay one. In additinn, a W.rer Eduation Found.tion school prog= will be sene to rhe school of your choice (please fill in rhis information on the registration form). There also is an optional Thursday-only regisrr.tion. Enrollment is limited. To register, send the "!ached form 'With payment by JnIy 9. Late (after JnIy 9) and on-site registration is $425. MCLE Credlt- This activity h.. been apptoved for Minimum Continuing Legal Educa- tion Credit by the Stare Bar of California in rhe amount oflO.S honrs (both d.ys). The Water Eduation Foundation certifies rhat rhis activity conforms to rhe standards for approved eduarion activities prescribed by rhe rules and regulations of rhe State Bar of Califor,,;a governing minimum continuing legal eduation credits. Hotel Reservations - You m.y contacr the Hyatr Regency Islandia ac (800) 233-1234. Single and double occupancy room cates are $149 plus tax per night. Be sure to say you are mending the Watec Education Foundacion briefing. ~ Cancellation Policy - Refunds (less a $25 adrninistracive charge) will be given to cegistrantS if wri¡¡en nocice is received by 5 p.m. on July 9. SubStitutions may be made at any time. No refunds after July 9. ...... . -'i,1,,'- -, ,', -., - .,'nde. .> ,:;\" ~?Ú" _,,-,'¡:?i~i¿i~hi;~:~~~t~IT';Ž~i:?:~::, - AlHliatÍôn ' ..'. -" ", --'.- "- Address Ciry Phone State- Zip Emaj! "-' Enclosed is my registration fee: 0 $350 (WEF annual contributot of $100 or mote) 0 $400 (noncontributor) 0 $425 (payment after July 9) 0 $275 (Thursday only) Faxes will be accepted with purchase orders or credit card payments. 0 ¥lsa 0 Mastercard 0 Ametican Express 0 Purchase order # Card number Exp. Date Signature (must be signed to process credit card order) For more information about this event, contact the Water Education Foundation Return this form with your payment, purchase order or credit card information to: ~ ~ WATER EDUCATION FOUNDATION 717 KStreet, Suitd17 SacramentO, CA 95814 916-444-6240 fax 916-448-7699 www.m¡tereducacion.org ~ "-" The Water Education Foundation's 11th Water Law & Policy Briefing will feature top policy-makers and stakeholders, including Charles "Chip" Groat, Director of the U.S. Geological Survey, and Rick Wartzman,Co-Authoroftheboo~The King of California. Speakers will address these challenging topics: > On the Ground: The California QSA in Action > Finance, Finance, Finance: How Can We Pay for the CALFED Plan? > Bulletin 160 and the Schwarzenegger Administration - Any Changes in Store? > Mercury Rising: Dealing with History's Toxic Legacy - Learn about this water quality issue and what's being done about it. > Sea Water Desalination - What role can it play in resolving California's water needs? > What Does "Appropriate Measurement" of Urban and Agricultural Water Mean? - Learn about the Bay-Delta AUthority's pending program and proposed legislation. Why you should attend this water law seminar: ,., > Network with professionals from around the state. > Hear from the top experts. > Find out the status of key issues. > Receive a full set of Layperson's Guides, including the Laypersons Guide to Wáter Rights Law and the NEW Layperson's Guide to the State Wáter Project. > Contribute to the next generation of policy makers by designat- ing a school of your choice to receive a free Water Education Foundation school program. Proceeds from this briefing benefit the Foundation's school program. The mission of the Water Educarion Foundation, an impartial, non-profit organization, is to create a better understanding of water issues and help resolve water resource problems through educational programs.