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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 09/26/2006EastValley Water District 3654 HIGHLAND AVE., SUITE #12, HIGHLAND, CA REGULAR BOARD MEETING September 26, 2006 2:00 P.M. AGENDA --------------------------------------------------------------------- "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departrnental investigation, will be considered by the Board of Directors". --------------------------------------------------------------------- CALL TO ORDER PLEDGE OF ALLEGIANCE ---------------------------------------------------------------------- Public Comments 2. Approval of Agenda CONSENT CALENDAR Approval of Boazd Meeting Minutes for September 12, 2006 Resolution 2006.18 - A Resolution of the Board of Director of the East Valley Water District Notice of Completion executed by the District for drilling of Well 132-5 at Plant 1321ocated at 7479 San Francisco Street (APN: 1192-351-28-0000, Tract 1794, Lots 2, 3 & 4) in the City of Highland 5. Accounts Payable Disbursements: Accounts Payable Checks 207853 through 208028 were distributed September 13, 2006 thorough September 20, 2006 in the amount of $898,930.19. Payroll Checks for period ended August 31, 2006 and September 15, 2006 and included checks and direct deposits, in the amounts of $4,193.50 and $140,833.55. Total Disbursements for the period were $1,9]2,274.22. OLD BUSINESS 6. Resolution 2006.17 - A Resolution of the Board of Directors of East Valley Water District Approving the Execution of a Fifth Amended and Restated Joint Powers Asreement and Authorizing Participation in the Special District Risk Management Authority`s Propet~y and Liability Program NEW BUSINESS 7. Review and Accept Financial Statements for Period Ended July 31, 2006 REPORTS 8. General Manager /Staff Reports 9. Consultant Reports 10. Committee Reports • Yucaipa Ordinance Review (aD-HOC) Insurance Renewal (.aD-xoc) • Real Estate (sTANDtxG) Purchasing Procedures (.an-Hoc) • Public Outreach (sTarmixG) Exempt Personnel (nn-xoc) • MOU/Labor Negotiations (nn-xoc) • Boazd Policy Update (AD-xoC) • Headquarters Project (~-xoc) Tribal Negotiations (.an-xoC) • Legislative (STANDING) 11. Clral comments from Boazd of Directors 12. Letter of appreciation to the District from the Kiwanis Club of Highland for participating in the Second Annual Car and Motorcycle Show 13. ~~an Bernazdino Area Chamber of Commerce "Business After Hours", Parra Construction, 357 \Vest 2"d Street, San Bernardino, September 28, 2006 14. Highland Area Chamber of Commerce "Celebrating 100 Years of Service" Centennial Celebration Dinner, The Castaway Restaurant, 670 Kendall Drive, San Bernazdino, October 5, 2:006 15. Southern California Tour sponsored by the Water Education Foundation, Ontario International Airport, October 2~-27, 2006 CLOSED SESSION 16. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [(iovemment Code Section 54956.8] Property: 27+/- Acres of Vacant Land South of Highland Ave, West of Central Ave San Bemazdino County, California APN: 1191-25-01,03,04 Party with whom District will negotiate: Party who will be negotiating on behalf of the District: Under Negotiation: ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN San Manuel Band of Mission Indians Robert Martin/Jim Cimino Price and Terms of Payment ----------------------------------------------------------------------- Pursuant to Government Code Section 54954.2(a), any request for adisability-related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above- agendized public meeting should be directed to the District's Administrative Manager at (909) 885- 4900 at least 72 hours prior to said meeting. ----------------------------------------------------------------------- Subject to Approval EAST VALLEY WATER DISTRICT September 12, 2006 REGULAR BOARD MEETING MINUTES President Sturgeon called the meeting to order at 2:00 p.m. Mr. Kenley led the flag salute. PRESENT: Directors: Goodin, Lightfoot, Negrete, Sturgeon, Wilson ABSENT: None S7"AFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ron Buchwald, District Engineer; Justine Hendricksen, Administrative Manager; Eileen Bateman, Executive Assistant LEGAL COUNSEL: Steve Kennedy GUEST (S): Jo McAndrews (McAndrews & Boyd), Willard Kenley, Jody SCOtt, Carvi Caies (EV v~'D), Tvi1kC Maloney (EV`,~'D), lg Seifert (EVWD), Paul Pinckney (Croydon Risk Consultant), Charles Roberts (Highland Community News), Patrick Daniali, Andrew Edwards (The Sun Newspaper) APPROVAL OF AGENDA M/S/C (Lightfoot-Negrete) that the September 12, 2006 Agenda be approved as submitted. PIUBLIC PARTICIPATION President Sturgeon welcomed the guests attending the Board Meeting. Tl1e General Manager introduced District employees present at the Board Meeting President Sturgeon declared the public participation section of the meeting open at 2:02 p.m. There being no verbal or written comments the public participation section was closed. blmutes Szptembzr 12, ?006 AFPROVAL OF BOARD MEETING MINUTES FOR AUGUST 22, 2006 M/S/C (Wilson-Lightfoot) that the August 22, 2006 Board Meeting Minutes be approved as submitted. APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND HOSANNA COMMUNITY CHURCH, INC., TO SiJBDIVIDE AND DEVELOP CERTAIN REAL PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT WHICH WILL CONSIST OF (2) TWO DWELLING UNITS, AND THAT THE DISTRICT PROVIDE DOMESTIC WATER AND SEWER SERVICE TO THE PROPERTY LOCATED ON THE SOUTH EAST INTERSECTION OF 14T" STREET AND VICTORIA AVENUE IN TI3E CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA M/S/C (Wilson-Lightfoot) that the Development Agreement between East Valley Water District and Hosanna Community Church, Inc. be approved as submitted. RECEIVE AND FILE LEGISLATIVE COMMITTEE MEETING MINUTES FOR JUNE 13, 2006 M/S/C (Wilson-Lightfoot) that the Legislative Committee Meeting Minutes for June 13, 2006 be received and filed as submitted. RECEIVE AND FILE LEGISLATIVE COIVIMITTEE MEETING MINUTES FOR JiJNE 27, 2006 M/S/C (Wilson-Lightfoot) that the Legislative Committee Meeting Minutes for June 27, 2006 be received and filed as submitted. D:[SBURSEMENTS M/S/C (Negrete-Wilson) that General FLmd Disbursements #207586 through #207852 were distributed during the period of August 24, 2006 through September 6, 2(106, in the amount of $1,650,305.58 and Payroll Fund Disbursements for the period ended August 18, 2006 and September 1, 2006 in the amount of $133,983.11 and $1.27,985.53 totaling $1,912,274.22 be approved. President Sturgeon requested that items 11 and 12 be presented to the Board at this time. 2 Minutes September 12. ?006 DISCUSSION AND POSSIBLE ACTION REGARDING THREE PROPOSALS SLBMITTED TO THE DISTRICT FOR THE RENEWAL OF THE DISTRICT'S COMMERCIAL AND LIABILITY INSURANCE PACKAGE Mr. Pinckney provided an overview of the three proposals submitted to the District; that the: Insurance Committee reviewed each proposal at length and recommends that the District accept the proposal submitted by the Special District Risk Management Authority for the District's Commercial and Liability Insurance Package for a three (3) yeaz commitment. M/S/C (Wilson-Negrete) that the Board approve the Commercial and Liability Insurance package submitted by Special District Risk Management Authority with a three (3) year commitment and authorize the retainment of Arroyo Insurance as the Districts broker. LITTER TO THE BOARD OF DIRECTORS FROM JODY SCOTT REGARDING CALIFORNIA PROPOSITION 218, AND THE DISTICT'S WATER/SEWER RATE INCREASE Ms Scott stated that the District's current rate increase and the procedure in which the District held its Public Hearing was not in accordance with Proposition 218 or the current Bighorn decision. Ms Scott also stated that the amount of the increase needs further justification. Ms Scott requested that the District rescind its current rate increase and provide the proper notification for a future Public Hearing regazding any proposed rate in<:reases. Mr.. Kenley stated that he concurs with Ms Scott's concerns and requests. HEADQUARTERS REVIEW AND SITE UPDATE The General Manger stated that the City of San Bemardino's plan check department is currently reviewing the District's Headquarters project. DIRECTORS' FEES AND EXPENSES FOR AUGUST 2006 M/S/C (Wilson-Negrete) that the Directors' Fees and Expenses for August 2006 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING CANCELING THE OI;.TOBER 10, 2006 BOARD MEETING DUE TO A CONFLICT WITH THE D]STRICT'S WATER QUALITY CONFERENCE M/S/C (Wilson-Negrete) that the October 10, 2006 Board Meeting be cancelled. ~ Minutes September I?.2006 DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL SUBMITTED TO THE DISTRICT FROM SOCAL PUMP & WELL DRILLING, INC. TO INSTALL A PUMP, MOTOR, AND ASSOCIATED FACILITIES FOR THE EQUIPPING OF WELL 132-5 Mr. Buchwald reviewed the proposal with the Boazd and recommends the Board approve the proposal submitted by SoCal Pump & Well Drilling, Inc. M/S/C (Lightfoot-Wilson) that the proposal submitted by SoCal Pump & Well Drilling, Inc. be approved as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSALS TO PURCHASE ONE 2007 STERLING L7500 WATER TRUCK AND ONE STERLING LT9500 DUMP TRUCK The General Manager reviewed the proposals with the Boazd; that the specified vehicles wiill be required to comply with current Air Quality Regulations for fleet vehicles; that the Sterling LT9500 is about l OK over the anticipated amount in the current Budget. M/S/C (Lightfoot-Negrete) that the proposals submitted for the purchase of one 2007 Sterling L7500 Water Truck and one 2007 Sterling LT9500 Dump Truck be approved. DISCUSSION AND POSSIBLE ACTION REGARDING THE WATER SUPPLY ASSESSMENT FOR THE GREENSPOT VILLAGE AND MARKET PLACE DEVELOPMENT PROJECT The General Manager reviewed the Water Supply Assessment for the Greenspot Village anal Mazket Place Development Project with the Boazd; that new State Law requires that the District review detailed information regarding supply availability and reliability with respect to certain development projects within the District's boundaries. M/S/C (Negrete-Wilson) that the Water Supply Assessment for the Greenspot Village and Mazket Place Development Project be approved as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING THE WATER SUPPLY ASSESSMENT FOR NEWCASTLE WAREHOUSE PROJECT M/S/C (Negrete-Wilson) that the Water Supply Assessment for the Newcastle Warehouse Project be approved as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING THE SCHEDULING OF A DISTRICT FACILITIES TOUR A District Facilities Tour has been scheduled for October 19, 2006. Minutzs Sep[zmber 12, 2606 REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR PERIOD ENDED JLiI,Y 31, 2006 M:r. Tompkins offered his apology and stated that the Financial Statements are not available at this time due to a computer malfunction. No action taken. GENERAL MANAGER /STAFF REPORTS The General Manger reported on the District's operations to date; that the Sterling Pipeline Project is moving forward; that the Nitrate and Perchlorate Unit located at Well 2"r' is in the final testing stage. CONSULTANTS REPORTS No reports at this time. COMMITTEE REPORTS President Sturgeon added an ad-hoc committee "Tribal Negotiations". The Committee will consist of Director Goodin, Vice President Negrete as Chair, Robert Martin and Steve Kennedy. Director Wilson stated that the Real Estate Committee had met and will recommend to the Boazd that the District's property parcel # 0291-141-18-0000 be declared surplus property. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Wilson stated that he had attended a workshop at Eastern Municipal Water District. President Sturgeon offered his appreciation to District staff who participated in the City or"Highland's "Discover Highland Night"; and that the unused water from that event was donated to the City of Highland's Senior Center. President Shugeon also stated that he met with Henry Duro from the San Manuel Band of Missions Indians. Director Goodin stated that the District's 1954 Chevy Thick was awarded "Best Antique Truck" at the Discover Highland Night car show. Director Goodin also stated that he, on behalf of the Board, declined the award. ASSOCIATION OF THE SAN BERNARI)INO COUNTY SPECAL DISTRICTS MEMBERSHIP MEETING, SPONSORED BY VICTOR VALLEY WATER DISTRICT, HILTON GARDEN INN, 1718d YUMA STREET, VICTORVI~ LE, SEPTEMBER 18, 2006 5 Ntinmes September I?. ?OG6 CIJNDUCT & ETHICS: TRAINING FOR WATER AGENCY OFFICIALS, SF;PTEMBER 27, 2006 EASTERN MUNICIPAL WATER DISTRICT, PERRIS, CA CSDA'S "ETHICS COMPLIANCE TRAINING" OCTOBER 20, 2006 IN SACRAMENTO, CA AND OCTOBER 27, 2006 IN THOUSAND OAKS, CA Ttie Boazd took afive-minute break at 3:03 p.m. CLOSED SESSION Tlie Board entered in Closed Session at 3:08 p.m. as provided in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. ADJOURN TO REGULAR SESSION A]VNOUNCEMENT OF CLOSED SESSION ACTIONS The Boazd returned to regular session at 3:37 p.m. The items listed on the Agenda were discussed inclosed session with no reportable action being taken. ADJOURN The meeting was adjourned at 3:37 p.m. until the next regularly scheduled Board Meeting on September 26, 2006. Kip E. Sturgeon, President Robert E. Martin, Secretary 6 Minutes Szp[zmbzr L. 2066 EXHIBIT "A" RESOLUTION 2006.18 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley Water District, as follows: WHEREAS, based upon the certificate of completion executed by the District for drilling of Well 132-5 at Plant 132 located at 7479 San Francisco Strf:et (APN 1192-351-28-0000, Tract 1794, Lots 2, 3 & 4) in the City of Highland. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby determine that said contract is completed and the President and Secretary are hereby authorized to execute a Notice of Completion on behalf of the District, and the Secretary is hereby authorized and directed to record said Notice of Completion in the office of the County Recorder, County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District upon motion duly made, seconded and carried on September 26, 2006. Ayes: Noes: Absent: EAST VALLEY WATER DISTRICT Kip E. Sturgeon, Board President Attest: Robert E. Martin, Board Secretary (Seal) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name EAST VALLEY WATER DISTRICT Street PO BOX 3727 ] Address ] 1 Ciry & SAN BERNARDINO, CA 92413 State ] FEE EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NoCice pursuant to Civil Gode Section 3D93, must ba filed within 10 days eker completion. (See reverse side for Complete requirements.) Nofice is hereby given that: 1. The undersigned is owner or corporate okicer of the owner of the interest or estato stated below in the property harainaker de:x:ribetl: 2. The full name of the owner is East Vallev Water District 3. The full address of the owner is PO Box 3427. San Bernardino CA 92413 4. The nature of the interest or estate of the owner (s, in tea. None. (If other than lee, strike'In fee" and Insert, for example. "purchaser under contract of purchase, "or lessee") 5. The full names and full addresses of all parsons, k any, who hold title with the undersigned as joint tenants or as tenants in common area: NAME ADDRESS East Vallev Water District 3654 Hiphland Avenue Suiie 16 6. A work of improvement on the property hereinflker described was completed on 9-26-06 .The work done was See Exhibit'A" APN 1192-36T-ZB-0000 Tract 1794 Lo[s 2 3 & 4 7. The name of tFle contractor, if any, for such work of improvement was Bakersfield Well Pumo Comoanv 2/14/06 (If no contractor (or work of Improvement a5 a wiate, insaR "none" (Date o7 Contract) e. The property on which said work of improvement was completed is in the city of Highland Countv of San Bemardino ,State of California, and is descdbad as follows: See Exhibit "A" akached hereto and made a Dart of 9. The street address of said property is 7479 San Francisco Street (If no street address has been tliNkulry assigned, insert, •rrone'.) Date: Sentember 26.2006 Verification for Individual Owner Signature of owner or coryorale okicer of owner named in paragraph 2 or his agent Kip E. Sturgeon, Board Prealdant VERIFICATION I, the undersigned, say: I am the Secretary the declarant of the foregoing (`President of `,'Manager oP, "A partner oP, 'Owner oP. Etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same Is true of my knowledge. I declare under penalty pf perjury that the Foregoing is true and correct. Executed on Sentember 26 .2046, at ,California. (Date of slgnatureJ (City, where signed.) (Personal signature of the individual who is swearing that the contents of the notice ofcomp(etion are true.) Robert E. Martin, Board Secretary DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION A notice of completion must be Nled for record WITHIN 10 DAYS after completion of the work oT Improvement (to be computed azclusive of the day of completion), as provltled in Civil Code SeMion 3093. The'•ownar" who must file for record a notice of completion of s building or other work of improvement means the owner (or hie successor in-Interest et the date the notice la filed) on whose beheN the work was done, though his ownership is less then the }ee title. For example, l} A is the owner in fee, antl B, leaser under a Ise, causes a building to he constructed, then B, or whoever has succsetletl to his interest at the data the notice is Nlea, must file the nati<:e. N the ownership fs In two or more persona es Joint tenants or tenants In common, the notice may be signed by any one of the corowners (rn }ant, the foregoing form is designed for giving oT the notice by only one cotenant), but the names and addresses of the other eo-owners must be stated in paregraph 5 of the form. Note that any Notice of Completion signed by a successor In Interest shall recite the names and adtlrasses of his trensferor or transferors. In paragraphs 3 antl 5, the full edtlress called for should include street number, city, county and slate. As to paragraphs 6 and 7, [hfa form should 6e used only where the notice of completion covers the work of Improvement as a whole. If the notice Is to be given only of completion of a particular confront, where the work of Improvement is made pursuant to two or more oHginel contracts, end then this form must be modified ae follows: (1) Strike the wonie "A work of Improvement" from paregraph ft and Insert a general statement of the kind of work done or materials furnished pursuant to such contreM (e.g., "The foundations for the Improvements"): (2) Insert the name of the contractor under the particular confront In pengreph 7. In paregraph 7 of the notice, InsaH the name of the eontrector for the work of improvement as a whole, No contractor's nam~a need be given if there Is no 9enerel coMrector, e.g., on so-called "owner-buNder jobs." !n paragraph B, insert the full, legal description, not merely a street address or fax tlescdption. Refer to deed or police M title Insurance. M the space providetl for descHption Is not suNicient, a Hder may ba attached. In paragraph 9, show the street address,d any, assigned to the property by any competent public or governmental authority. This standard form covers moat usual problems In the Field intliceted. Before you sign, reetl It, fill in ell blanks, Antl make changes proper to your transaction. Consult a lawyer If you doubt the form's fitness for your purpose. East Valley Water District Board Memorandum From: Eirian W. Tompkins /Chief Financial Officer Subject: Disbursements. DATE: SEPTEMBER 26, 2006 Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period September 13, 2006 through September 20, 2006. Backgraund: Accounts payable checks are shown on the attached listing and include numbers 207853 to 208028 for A total of $898,930.19. The source of funds for this amount is as follows: Construction Fund -Loan $383,193.09 Unrestricted Funds $515,737.10 Payroll disbursed was for the period ended September 15, 2006 and included checks and direct deposits totaling $140,833.55. Director payroll disbursed was for the period ended August 31, 2006 and included checks and direct deposits totaling $4193.50. Grand Total $1,043,957.24. Total disbursements $1,912,274.22. Date: Thursday, September 21, 2001 East Valle Water District Report: 20600frpt Time: 01:43PM y User: KATHY Check Resister-Standard Company: EVWD As of: 9/21/2006 Bank Account: Citizens Business Bank 13110 00-00-000-0-000-00-00 Chock JI Tn Check Payee Clear Period Nhr Tp Tp Date ID Payee Name Dale Post Amount 000001 - 207852 Missing 207853 AP CK 9/13/2006 ADV001 207854 AP CK 9/13/2006 ADV008 207855 AP CK 9/13/2006 AIR005 207856 AP CK 9/13/2006 AME019 207857 AP CK 9/13/2006 AME026 207858 AP CK 9!13/2006 AS0001 207859 AP CK 9/13/2006 ATT001 207860 AP CK 9/13/2006 ATT007 207861 AP CK 9/13/2006 BAK014 207862 AP CK 9/13/2006 BAR065 207863 AP CK 9/13/2006 BAT002 207864 AP CK 9/13/2006 CAM004 207865 AP CK 9/13/2006 CHE007 207866 AP CK 9/13/2006 COL001 207867 AP CK 9/13/2006 CRE001 207868 AP CK 9/13/2006 CR0018 207869 AP CK 9/13/2006 DAY006 207870 AP CK 9/13/2006 DIE001 207871 AP CK 9/13/2006 DIE007 207872 AP CK 9/13/2006 END001 207873 AP CK 9/13/2006 EPA001 207874 AP CK 9/13/2006 ER8001 207875 AP CK 9/13/2006 ES8001 207876 AP CK 9/13/2006 EVE001 207877 AP CK 9/13/2006 FA1002 207878 AP CK 9/13/2006 FAR001 207879 AP CK 9/13/2006 FED001 207880 AP CK 9/13/2006 GA8001 207881 AP CK 9/13/2006 GEN007 207882 AP CK 9/13/2006 HA0001 207883 AP CK 9/13/2006 HAP001 207884 AP CK 9/13/2006 HER082 207885 AP CK 9/13/2006 HOS003 207886 AP CK 9/13/2006 ICW001 207887 AP CK 9/13/2006 INL005 207887 AP VC 9/19/2006 INL005 207888 AP CK 9/13/2006 INT005 207889 AP CK 9/13/2006 JAC032 207890 AP CK 9/13/2006 JRF001 207891 AP CK 9/13/2006 KI R009 207892 AP CK 9/13/2006 KLH001 207693 AP CK 9/13/2006 K0001 207894 AP CK 9(13(2006 LAW002 207895 AP CK 9/13/2006 LAW003 207896 AP CK 9/13/2006 LOM006 207897 AP CK 9/13/2006 MCM002 207898 AP CK 9/13/2006 MEN022 207899 AP CK 9/13/2006 MET008 207900 AP CK 9/1312006 MON042 207901 AP CK 9/1 312 00 6 NEX001 207902 AP CK 9(13/2006 NG0003 207903 AP CK 9/13/2006 NGU052 207904 AP CK 9/13/2006 NOR023 207905 AP CK 9/13/2006 OFF007 207906 AP CK 9/13/2006 PMI001 207907 AP CK 9/13/2006 RA1004 207908 AP CK 9/1372006 RID003 ADVANCED TELEMETRY SYt 03-06 1,908.80 ADVANCED MARKETING 9/15/2006 03-06 65.26 AIRGAS WEST 9/18/2006 03-06 62.06 AMERIPRIDE UNIFORM SER` 03-06 1,606.13 AMERICAS 03-06 96.70 ASC 9/20/2006 03-06 3,803.61 A.T. & T. 9/19/2006 03-06 39.38 AT&T 9/19/2006 03-06 18.96 BAKER-STACEY 03-06 170.33 BARON-MARIA 03-06 31.86 BATTEEN-JOHN W 03-06 1,883.34 CAMP DRESSER & MCKEE II 9/19/2006 03-06 6d,714.43 CHEM-TECH INTERNATIONA 9/18/2006 03-06 11,053.69 COLTON TRUCK SUPPLY 9/19/2006 03-06 347.22 CREST CHEVROLET 9/18/2006 03-06 23.35 CROSBY-JIM 03-06 59.30 DAY-WILLIAM H 03-Ofi 73.81 DIETZ-DAN 9/18/2006 03-06 160.00 DIETERICH-POST 9/18/2006 03-06 55.00 ENDERS SECURITY & 9/18/2006 03-06 15,833.25 ePARTNERS INC 9/19/2006 03-06 123.75 ERBETTI-RODOLFO L M 03-06 1,751.09 E.S. BABCOCK & SONS, INC 9!19/2006 03-06 135.00 EVERSOFT, INC 03-06 503.09 FAIRVIEW FORD SALES,INC 9/19/2006 03-06 284.17 FARMER BROS COFFEE 9/18/2006 03-06 299.75 FEDERAL EXPRESS 9/i 8!2006 03-06 41.07 GABRIEL EQUIPMENT CO 9/18/2006 03-06 14.86 GENUINE PARTS COMPANY 9/18/2006 03-06 495.84 HACH COMPANY 9/19/2006 03-06 1,804.78 HAPPY BOY CAR WASH 9/19/2006 03-06 230.79 HERNANDEZ-PHILIIP C 03-06 104.36 HOSE MART INC 9/19/2006 03-06 114.08 I.C.W.A. 03-06 180.00 INLAND WATER WORKS SUf 03-06 4,630.18 INIJiNO WATER WORKS SUF 03-06 -4,630.18 INTERSTATE BATTERY 9/20/2006 03-06 194.57 JACKSON-PHILIP 03-06 8.40 J.R. FREEMAN CO., INC 9/18/2006 03-06 20.46 KIRCHNER-VALERIE 03-06 42.66 K & L PLUMBING SUPPLY 03-06 79.83 KU-KYONG HUI 03-06 38.41 LAW PLUMBING CO 03-06 92,900.00 LAW SON PRODUCTS,INC 9/19/2006 03-06 413.90 LOMA LINDA UNIVERSITY 9/18/2006 03-06 246.00 MCMASTER-CARR 9!20/2006 03-06 336.84 MENDIA-ROSERTA 9/20/2006 03-06 20.07 METROCALL WIRELESS 03-06 132.10 MONTOYA-TOMAS 03-as 53.7a NEXTEL COMMUNICATION S 03-06 1,353.21 NCO-KIMBERLY 9/20/2006 03-06 246.90 NGUYEN-HAI V 03-05 37.58 NORTH AMERICAN RESIDES 03-06 40.60 OFFICETEAM 9/16/20D6 03-06 4,075.10 PMI 9/20/2006 03-06 651.40 RAINBOW BOLT 8 SUPPLY II 9/1812006 03-06 3,161.60 RIDDLE-CHRIS C 03-06 92.39 Date: Thursday, September 21, 200E Time: 01:43PM User: KATHY Bank Account: Citizens Business Bank East Valley Water District Check Resister -Standard As af: 9 /21 12 0 0 6 13110 00-00-000-0-000-00-00 Page: Report: Company: 2 of 4 20600.rpt EVWD Check JI Tn Check Payee Clear Period Nbr Tp Tp Date ID Payea Name Date Poet Amount 207909 AP CK 9/13/2006 ROB006 ROBERTSON READY MIX 9/18/2006 03-06 1,885.63 207910 AP CK 9/13/2006 ROO001 ROOUET PAVING 9/20/2006 03-06 8,554.00 207911 AP CK 9/13/2006 SAN721 SANCHEZ-KRISTINE 9/19/2006 03-06 1,744.24 207912 AP CK 9/13/2006 SITY001 SITYPTYCKI-RAYMOND 9/15/2006 03-06 4,445.00 207913 AP CK 9/13/2006 5MI024 MIKE NOVAK-SMITH 9/19/2006 03-06 60.98 207914 AP CK 9/13/20D6 SOC003 SO CAL PUMP & W ELL SERV 9/18/2006 03-06 1,026.62 207915 AP CK 9/13/2006 SOC004 SO CAL EDISON COMPANY 9/19/2006 03-06 15,364.86 207916 AP CK 9!13/2006 STA003 STATE OF CALIFORNIA 9/20/2006 03-06 26,348.80 207917 AP CK 9/13/2006 STA006 STANDARD REGISTER 9/19/2006 03-06 49.45 207918 AP CK 9/13/2006 STA054 HOMES-STANDARD PACIFIC 03-06 405.67 207919 AP CK 9/13!2006 TRE014 TREBOR COMPANY-THE 9/19/2006 03-06 2,507.00 207920 AP CK 9/13/2006 TUR013 TURNER-MICHAEL 03-06 62.30 207921 AP CK 9/13/2006 UCN001 UCN/PAYMENT CENTER q54 9/19/2006 03-06 911.14 207922 AP CK 9/13/2006 UND002 UNDERGROUND SERVICE A 9/18/2006 03-06 222.40 207923 AP CK 9/13/2006 UNI002 UNITED PARCEL SERVICE 9/19/2006 03-06 28.83 207924 AP CK 9/13/2006 UST002 U -STORE - IT M290 9/18/2006 03-06 465.00 207925 AP CK 9/13/2006 VER003 VERIZON WIRELESS 9/18/2006 03-06 124.57 207926 AP CK 9/13/2006 VER004 VERIZON 03-06 43.96 207927 AP CK 9/13/2006 VI5002 VISTA PAINTS 9/19/2006 03-06 37.19 207928 AP CK 9/13/2006 WIR003 WIRELESS WATCHDOG, LLC 03-06 240.00 207929 AP CK 9/13/2006 ZEE001 ZEE MEDICAL SERVICE # 03-06 132.74 207930 AP CK 9/13/2006 LAN017 LAND USE SERVICES DEPAF 03-06 234.00 207931 AP CK 9/20/2006 AAR002 AARON GRAPHICS LLC 03-06 110.46 207932 AP CK 9/20/2006 ACB001 A.C.BYERS TRUCKING INC 03-06 18,900.90 207933 AP CK 9/20/2006 ADP002 ADP 03-06 378.37 207934 AP CK 9/20/2006 ADV008 ADVANCED MARKETING 03-06 1,200.00 207935 AP CK 9/20/2006 AIR005 AIRGAS WEST 03-06 417.64 207936 AP CK 9/20/2006 ALL001 ALLIED REFRIGERATION 03-06 735.94 207937 AP CK 9/20/2006 AME001 AMERICAN EXPRESS 03-06 886.26 207938 AP CK 9/20/2008 AME027 INC-AMERICAN ASPHALT S( 03-06 1,697.47 207939 AP CK 9/20/2006 ARR009 ARROWHEAD UNITED WAY 03-06 85.00 207940 AP CK 9/20/2006 ATT007 AT&T 03-06 833.76 207941 AP CK 9/20!2006 AYA003 AYALA BORING INC. 03-06 202,375.40 207942 AP CK 9/20/2006 BAR024 BARR LUMBER CO INC 03-06 315.60 207943 AP CK 9/20/2006 BAR066 BARR-BRIAN 03-06 87.18 207944 AP CK 9!20/2006 BEN020 BENJAMIN-LINDA L 03-06 60.29 207945 AP CK 9/20!2006 BIL003 BILL & WAGS INC. 03-06 222.75 207946 AP CK 9/20/2006 BRI021 BRICENO-DIVA D 03-06 28.00 207947 AP CK 9!20/2006 BRU001 BRUNICK, MCELHANEY & BE 03-06 50.00 2079a8 AP CK 9/20/2006 CAL071 CALIFORNIA BARRICADE, IN 03-06 5,222.71 207949 AP CK 9/20/2006 CAS031 CASTRO-HEIDE M 03-06 100.54 207950 AP CK 9/20/2006 CIT018 CITISTREET 03-06 7,635.50 207951 AP CK 9/20/2006 CLI003 CLIFFORD L UTLEY 03-06 490.00 207952 AP CK 9/20/2006 CRO013 CROYDON RISK CONSULTAI 03-06 8,600.00 207953 AP CK 9/20/2006 DAU005 DAUGHTERY-WILLIAM 03-06 53.41 207954 AP CK 9l20/200fi DEJ002 DEJONGHE-DAVID M 03-06 46.38 207955 AP CK 9/20/2006 DEL039 DELGADO-ANASTASIO 03-06 13.56 207956 AP CK 9/20/2006 DHL001 DHL EXPRESS (USA) INC. 03-06 24.20 207957 AP CK 9/20/2006 DI6001 DIB'S SAFE & LOCK SERVICE 03-06 54.18 207958 AP CK 9/20/200fi DOL008 DOLAN-STEVE M 03-06 39.18 207959 AP CK 9/20/2006 DUN017 DUNN-ANN 03-06 37.84 207960 AP CK 9/20/2006 EHW001 E H WACKS COMPANY 03-06 308.75 207961 AP CK 9/2012006 ESC008 ESCOBAR-SALUSTIA 03-06 43.23 207962 AP CK 9/20/2006 ESP017 ESPINOZA-RODELFO T 03-06 22.82 207963 AP CK 9/20/2006 FA1002 FAIRVIEW FORD SALES,INC 03-06 113.01 207964 AP CK 9/20/2006 FIE006 FIERRO-ALMA D 03-06 55.86 207965 AP CK 9120/2006 FIR008 FIRST AMERICAN REAL EST. 03-06 150.00 207966 AP GK 9/20/2006 FRA026 FRANKS FENCE & SUPPLY C 03-06 890.00 Date: Thursday, September 21, 200E Time: 01:43Ph7 User. KATHY Bank Account: Citizens Business Bank East Valley Water District Check Resister-Standard AS of: 9/21 12 0 0 6 13110 00-00-000-0.000-00-00 Page: Report: Company: 3 of 4 20600.rpt EVWD Chack JI Tn Check Payea Clear Period Nbr Tp Tp Date ID Payee Name Date Post Amount 207967 AP CK 9/20/2006 GA8001 GABRIEL EQUIPMENT CO 03-06 473.30 207968 AP CK 9/20/2006 GEN007 GENUINE PARTS COMPANY 03-06 231.40 207969 AP CK 9/20/2006 GOL002 GOLDEN WEST TIRE 03-06 947.01 207970 AP CK 9!20/2006 HAN029 HANEY-MICHELE 03-06 1.91 207971 AP CK 9/20/2006 HIP001 HIPOLITO-JOSE 03-06 39.44 207972 AP CK 9/20/2006 HU8001 HUB CONSTRUCTION SPECI 03-06 88.20 207973 AP CK 9/20/2006 HUG007 HUGHES SUPPLY CA. LLC 03-06 1,039.79 207974 AP CK 9/20/2006 HYD001 HYDRO-SCAPE PROD. INC. 03-06 887.87 207975 AP CK 9/20/2006 INL004 INLAND DESERT SECURITY 03-06 495.75 207976 AP CK 9/20/2006 INL005 INLAND WATER WORKS SUF 03-06 17,623.35 207977 AP CK 9/20/2006 INL024 CONTRACTORS-INLAND PAS 03-06 54.69 207978 AP CK 9/20/2006 JRF001 J.R. FREEMAN CO., INC 03-06 499.90 207979 AP CK 9/20/2006 KAL005 KALINOWSKI-JERENE 03-06 26.66 207980 AP CK 9/20/2006 KAT001 KATZ LANDSCAPING 03-06 8,225.00 207981 AP CK 9/20/2006 KN0003 KNOLL, INC. 03-06 2,110.12 207982 AP CK 9/20/2006 KOP001 KOPPERDALE-JOSHUA 03-06 72.81 207983 AP CK 9/20/2006 LAW003 LAWSON PRODUCTS,INC 03-06 528.70 207984 AP CK 9/20/2006 LEG004 LEGACY ESCROW 03-06 6fi.50 207985 AP CK 9/20/2006 LEN003 LENHERT-MICHELLE 03-06 36.62 207986 AP CK 9/20/2006 LIF001 LIFECOM, INC- 03-06 755.57 207987 AP CK 9/20/2006 LIN024 LINA-EXEOUIELZ 03-06 55.05 207988 AP CK 9!20/2006 LL0001 L.L.U. RADIOLOGY MED GRF 03-06 92.00 207989 AP CK 9/20/2006 LOM006 LOMA LINDA UNIVERSITY 03-06 477.00 207990 AP CK 9/20(2006 MAN030 HANSON-PAULINE 03-06 12.54 207991 AP CK 9/20/200fi MCN015 MCNEIL-VALERIE 03-06 53.30 207992 AP CK 9/20/2006 MMM001 MUELLER-M M 03-06 72.63 207993 AP CK 9/20/2006 NAT018 NATIONAL CONSTRUCTION 03-06 2,748.17 207994 AP CK 9/20/2006 NE0001 NEOPOST INC. 03-06 198.00 207995 AP CK 9120/2006 NET005 NETCOMP TECHNOLOGIES, 03-06 360.00 207996 AP CK 9/20/2006 NGU053 NGUYEN-KHANG 03-06 24.51 207997 AP CK 9/20/2006 NOR023 NORTH AMERICAN RESIDEh 03-06 9.79 207998 AP CK 9/20/2006 OFF007 OFFICETEAM 03-06 1,743.36 207999 AP CK 9/20/2006 OLI017 OLIVER-VERONICA 03-06 12.75 208000 AP CK 9/20/2006 PE1007 PELAEZ-MODESTO 03-06 50.22 208001 AP CK 9/20/2006 PRI020 PRINCETON eCOM CORPOR 03-06 83.70 208002 AP CK 9120/2006 OUA002 QUALITY PROPERTY MGMT 03-06 49.86 208003 AP CK 9/20/2006 OUA007 QUALITY PROPERTY 03-06 20.02 208004 AP CK 9/20/2006 OWE001 OWEST 03-06 37.21 200005 AP CK 9/20/2006 RA1007 RAINBOLT-WILLIAM W 03-06 17.59 208006 AP CK 9/20/2006 REF001 REFUSE DEPT CITY OF S B 03-06 719.50 208007 AP CK 9/20/2006 REG010 REGER-BRENT 03-06 244.43 208008 AP CK 9/20/2006 RMA001 RMA GROUP 03-06 1,443.50 208009 AP CK 9/20/2006 R00001 ROOUET PAVING 03-06 19,267.50 208010 AP CK 9/20/2006 RU B006 RUBIO-LI LIA 03-06 3.88 208011 AP CK 9/20/2006 SAF001 SAFETY KLEEN CORP 03-06 303.25 206012 AP CK 9/20/2006 SAN007 SAN BDNO PUBLIC EMPLOY 03-06 479.96 208013 AP CK 9/20/2006 SAN021 SAN BERNARDINO VALLEY \ 03-06 6,239.93 208014 AP CK 9/20/2006 SIG003 SIGDESFAD-LEONARD 03-06 45.40 208015 AP CK 9!20/2006 500003 SO CAL PUMP 8 W ELL SERA 03-06 2,754.96 208016 AP CK 9/20/2006 500004 SO CAL EDISON COMPANY 03-06 268,824.07 208017 AP CK 9/20/2006 STA055 STATE DISBURSEMENT UNI 03-06 1,425.00 208018 AP CK 9!20/2006 TRE014 TREBOR COMPANY-THE 03-06 60.00 206019 AP CK 9/20/2006 TS0001 SUN-TSUI-CHAN PEGGY 03-06 55.85 208020 AP CK 9/20/2006 UND003 UNDERHILL-RON 03-06 14 OB 208021 AP CK 9/20/2006 UNI002 UNITED PARCEL SERVICE 03-06 42.00 208022 AP ZC 9/2012006 VAL045 VALDEZ--ESTELA 9/2012006 03-06 0.00 208023 AP CK 9/20/2006 VER004 VERIZON 03-06 85.42 20802a AP CK 9(20/2006 VER008 VERIZON 03-06 33.25 Date: Thursday, September 21, 200E Time: 01:43Pk1 User: KATHY Bank Aocount: Chizens Business Bank East Valley Water District Check Register -Standard As of: 9/21/2006 13110 00-00-000-0-000-00-00 Page: 4 of 4 Repon: 20600.rpt Company: EVWD Check JI Tn Check Payee Clear Period Nbr Tp Tp Date ID Payee Name Date Post Amount 208025 AP CK 9/20/2006 VUL001 VULCAN MATERIALS COMPF 03-06 26,071.06 208026 AP CK 9/20/2006 W E5029 W ESTCAS C/O WILL & CARL 03-06 200.00 208027 AP CK 9/20/2006 WIR003 WIRELESS WATCHDOG, LLC 03-06 125.40 208028 AP CK 9/20/2006 WJM001 W.J. MCKEEVER 03-06 1,752.00 Check Count: 177 Bank Account Total 896,930.19 Ccunt Amount Paid Regular 175 903,560.37 Hand 0 0.00 Void 1 -4,630.18 Stub 0 0.00 Zero 1 0.00 Mesk 0 0.00 Outetanding 0 0.00 Unused 0 0.00 177 896,930.19 RESOLUTION NO. 2006.17 A RESOLUTION OF THE BOARD OF DIRECTORS OF EAST VALLEY WATER DISTRICT APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A FIFTH AMENDED AND RESTATED JOINT POWERS AGREEMENT AND AUTHORIZING PARTICIPATION IN THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY'S PROPERTY AND LIABILITY PROGRAM WHEREAS, East Valley Water District, a special district duly organized and existing under and by virtue of the laws of the State of California (the "Aclency"), has determined that it is in the best interest and to the advantage of they Agency to participate for at least three full years in the property and liability program offered by the Special District Risk Management Authority (the "Authority"); and WHEREAS, California Government Code Section 6500 et seq., provides that two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, Special District Risk Management Authority was formed in 1986 in accordance with the provisions of California Government Code 6500 et seq., for the purpose of providing its members with risk financing and risk management programs; and WHEREAS, California Government Code Section 990.4 provides that a local public entity may self-insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus lines broker, or any combination of these; and WHEREAS, participation in Special District Risk Management Authority programs requires the Agency to execute and enter into a Fifth Amended and Restated Joint Powers Agreement (the "Amended and Restated JPA Agreement"); which states the purpose and powers of the Authority; and WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed prescedent to and in connection with the consummation of the transactions authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the Agency is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such transactions for the purpose, in the manner and upon the terms herein provided. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE AGENCY AS FOLLOWS: Section 1. Findin s. The Agency Board of Directors hereby specifically finds and determines that the actions authorized hereby relate to the public affairs of the Agency. Section 2. Fifth Amended and Restated JPA Agreement. The Amended and Restated JPA Agreement, proposed to be executed and entered into by and between the Agency and members of the Special District Risk Management Authority, in the form presented at this meeting and on file with the Agency Secretary, is hereby approved. The Agency Board and/or Authorized Officers ("T'he Authorized Officers") are hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver to the Authority the Amended and Restated JPA Agreement in substantially said form, with such changes therein as such officers may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. Program Participation. The Agency Board of Directors approves participating for three full program years in Special District Risk Management Authority Property and Liability Program. Section 4. Other Actions. The Authorized Officers of the Agency are each hereby authorized and directed to execute and deliver any and all documents which is necessary in order to consummate the transactions authorized hereby and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this day of , 20_ by the; following vote: Ayes: Naes: Abstain: Absent: Kip E. Sturgeon, Board President Attest: Robert E. Martin, Board Secretary FIFTH AMENDED AND RESTATED JOINT POWERS AGREEMENT RELATING TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY Adopted August 1, 1986 1"Amended February 5, 1988 2n° Amended March 31, 1990 3rtl Amended July 1, 1993 4'h Amended February 9, 1998 5'" Amended and Restated July 1, 2003 SDRMA 5'" Amended JPA July 1, 2003 JOINT POWERS AGREEMENT -TABLE OF CONTENTS Article 1. Definitions ................................................................................................... ...................................... l Article 2. Purposes .................................................................................................... ......................................3 Article 3. Parties to Agreement ................................................................................... ......................................3 Article 4. Term of Agreement ..................................................................................... ......................................4 Article 5. Creation of Authority .................................................................................... ......................................4 Article 6. Powers of Authority ..................................................................................... ......................................4 Article 7. Board of Directors ....................................................................................... ......................................5 Article 8. Compliance with the Brown Act ................................................................... ......................................6 Article 9. Powers of the Board of Directors ................................................................. ...................................... 6 Article 10. Officers of the Authority ............................................................................. ......................................7 Article 11. Provision for Bylaws .................................................................................. ......................................8 Article 12 . [Reservedl ................................................................................................ ......................................8 Article 13 . Coverage Programs ................................................................................... ......................................8 Article 14 . Implementation of the Programs ............................................................... ...................................... 8 Article 15 . Accounts And Records ............................................................................. ......................................8 Article 16 . Services Provided by the Authority ............................................................ ......................................9 Article 17 . Responsibilities of Members ...................................................................... ...................................... 10 Article 18 . New Members .......................................................................................... ...................................... 10 Article 19 . Withdrawal ................................................................................................ ...................................... 10 Article 20 . Involuntary Termination ............................................................................ ...................................... 11 Article 21 . Effect of Withdrawal or Involuntary Termination ......................................... ...................................... 11 Article 22 . Termination and Distribution; Assignment ................................................ .......................................12 Article 23 . Enforcement ............................................................................................ ....................................... 13 Article 24 . Nonliability of Directors, Officers and Employees ...................................... ....................................... 13 Article 25 . Annual Service Fee; Provisions Relating to CSDA ..................................... ....................................... 13 Article 26 . Notices .................................................................................................... ....................................... 13 Article 27 . Amendment ............................................................................................. ....................................... 14 Article 28 . Prohibition Against Assignment ................................................................ ....................................... 14 Article 29 . Agreement Complete ............................................................................... ....................................... 14 Article 30 . Counterparts ............................................................................................ ....................................... 14 Article 31 . California Law .......................................................................................... ....................................... 14 Article 32 . Severabiliry .............................................................................................. ....................................... 14 Article 33 . Effective Date ........................................................................................... ....................................... 14 SDRMA 5'" Amendetl JPA July 1, 2003 FIFTH AMENDED AND RESTATED JOINT POWERS AGREEMENT RELATING TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY THIS FIFTH AMENDED AND RESTATED JOINT POWERS AGREEMENT (the "Agree=_ment") is made and entered into by and among the special districts (the "Members") organ zed and existing under the laws of the State of California, which are signatories to this Agreement. RECITALS WHEREAS, California Government Code Section 6500 et seq. (the "Act") provides that two or mare public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, California Government Code Section 990.4 provides that a local public entity may.~elf-insure, purchase insurance through an authorized carrier, purchase insurance through a surplus line broker, or any combination of these; and WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any purpose by any one or mare of the methods specified in Government Code Section 990.4; and WHEREAS, the parties to this Agreement desire to join together for the purposes set forth in Articles 2 hereof, including establishing pools for self-insured losses and purchasing Excess or Re- Insurinceand administrative services in connection with joint protection programs (the "Programs") for members of the California Special Districts Association ("CSDA"); and WHEREAS, it appears economically feasible and practical for the parties to this Agreement to do Aso; and WHEREAS, the Members have previously executed that certain Fourth Amended Joint Power's Agreement (the "Original JPA"), which Original JPA the Members desire to amend and restate by this Agreement; provided that such amendment and restatement shall not affect the existence of the Authority; and WHEREAS, the Board of Directors of the Special Districts Workers Compensation Authority ("SDUJCA"), in order to benefit its members and to carry out the public affairs of members of SDWCA, has voted to assign and transfer all claims, liabilities, assets and functions of SDWCA to the Authority; and WHEREAS, CSDA exists to assist and promote special districts, and has been responsible for the original creation of the Authority and SDWCA, and the consolidation of SDWCA and the Authority is in the best interests of special districts throughout the State. NOW THEREFORE, for and in consideration of all of the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: Article 1. Definitions. The following definitions shall apply to the provisions of this agreement: SDRMA 5`" Amended and Restated JPA 1 Effective July I, 2003 "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code, as amended or supplemented. "Alliance Executive Council" means the council organized pursuant to the MOU. "Assessment" means an additional amount, in addition to the Member's or Former Member's original contribution, which the Board of Directors determines in accordance herewith and/or with the Bylaws that a Member or Former Member owes on account of its participation in a Program for a given Program year "Authority" shall mean the Special District Risk Management Authority created by the original version of this Agreement. "Board of Directors" or "Board" shall mean the governing body of the Authority. "Bylaws" means the Bylaws of the Authority adopted by the Board of Directors, as they may be amended from time to time. "Chief Executive Officer" shall mean that employee of the Authority who is so appointed by the Board of Directors. "Claim" shall mean a demand made by or against a Member or Former Member which is or may be covered by one of the Programs approved by the Board of Directors. "Contribution" means the amount determined by the Board of Directors to be the appropriate sum which a Member should pay at the commencement of or during the Program Year in exchange for the benefits provided by the Program. "Coverage Documents" shall mean the Declarations, Memorandum of Coverages, Coverage Agreements, Endorsements, Policies of Insurance or any other documents that provide the terms, conditions, limits and exclusions of coverage afforded by a Program. "CSDA" means the California Special Districts Association. "District" shall mean a special district, public agency or public entity within the State of California which is both a Member of the CSDA and a signatory to this Agreement. "Duly Constituted Board Meeting" shall mean any Board of Directors meeting noticed and held in the required manner and at which a Quorum was determined to be present at the beginning of the meeting. "Estimated Contribution" means the amount which the Board of Directors estimates will be the appropriate contribution for a Member's participation in a Program for a Program Year. "Excess or Re-Insurance" shall mean that insurance which may be purchased on behalf of the Authority and/or the Members to protect the funds of the Members or Former Members against catastrophic losses or an unusual frequency of losses during a single year in excess of the self- insurance retention maintained by the Authority. "Fiscal Year' shall mean that period of twelve months which is established as the fiscal year of the Authority. SDRMA 5`" Amended and Restated JPA 2 Effective July i, 2003 "Former Member" shall mean a District which was a signatory to the Agreement but which has withdrawn from, or been involuntarily terminated from participating in, the Authority. "Joint Protection Program" means a Program offered by the Authority, separate and distinct from other Programs, wherein Members will jointly pool their losses and claims, jointly purchase Excess or Re-Insurance and administrative and other services, including claims adjusting, data processing, risk management consulting, loss prevention, legal and related services. "Member" shall mean a signatory to this Agreement, which is qualified as a Member under the provisions of this Agreement and the Bylaws. "MOU" means the Memorandum of Understanding -Alliance Executive Council, dated as of September 20, 2001, among the Authority, CSDA, the CSDA Finance Corporation and SDWCA. "Program" or "Programs" means the specific type of protection plan as set forth in the terms, conditions and exclusions of the Coverage Documents for self-insured losses, and the purchasing of Excess or Re-Insurance and administrative services. "Program Year" shall mean a period of time, usually 12 months, determined by the Board of Directors, in which a Program is in effect. "Retained Earnings," as used herein, shall mean an equity account reflecting the accumulated earnings of a Joint Protection Program. "SDWCA" means the Special Districts Workers Compensation Authority, and its successors or assigns. Article 2. Purposes. This Agreement is entered into by the Members pursuant to the provisions of California Government Code section 990, 990.4, 990.8 and 6500 et seq. in order to provide, subject to the provisions of the Coverage Documents, economical public liability and workers' compensation coverage, or coverage for other risks which the Board of Directors may determine. Additional purposes are to reduce the amount and frequency of losses, and to decrease the cost incurred by Members in the handling and litigation of claims. These purposes shall be accomplished through the exercise of the powers of such Members jointly in the creation of a separate entity, the Special District Risk Management Authority (the "Authority"), to establish and administer Programs as set forth herein and in the Bylaws. It is also the purpose of this Agreement to provide, to the extent permitted by law, for the inclusion, at a subsequent date, and subject to approval by the Board of Directors, of such additional Members organized and existing under the laws of the State of California as may desire to become parties to the Agreement and Members of the Authority. Article 3. Parties to Agreement. Each party to this Agreement certifies that it intends to and does contract with all other parties who are signatories to this Agreement and, in addition, with such other parties as may later be added as parties to and signatories of this Agreement pursuant to Article. 18. Each party to this Agreement also certifies that the withdrawal from or cancellation of membership by any Member, pursuant to Articles 19 and 20 or otherwise, shall not affect this Agreement nor such party's intent, as described above, to contract with the other remaining parties to the Agreement. SDRMIA 5'~ Amended and Restated JPA 3 Effective July 1, 2003 Article 4. Term of Agreement. This Agreement shall become effective as to existing Members of the Authority as set forth in Article 33 hereof. This Agreement shall continue thereafter until terminated as hereinafter provided. This Agreement shall become effective as to each new Member upon: (i) approval of its membership by the Board of Directors, (ii) the execution of this Agreement by the Member, and (iii) upon payment by the Member of its initial Contribution for a Program. Any subsequent amendments to the Agreement shall be in accordance with Article 27 of this Agreement. Article 5. Creation of Authority. Pursuant to the Act, there is hereby created a public entity separate and apart from the parties hereto, to be known as the Special District Risk Management Authority. Pursuant to Section 6508.1 of the Act, the debts, liabilities and obligations of the Authority, including but not limited to, debts, liabilities and obligations of any of the Programs shall not constitute debts, liabilities or obligations of any party to this Agreement or to any Member or Former Member. The Authority is not an insurer, and the coverage programs offered by the Authority do not provide insurance, but instead provide for pooled joint protection programs among the members of the Authority. The Joint Protection Programs offered by the Authority constitute negotiated agreements among the Members which are to be interpreted according to the principles of contract law, giving full effect to the intent of the Members, acting through the Board of Directors in establishing the Programs. Article 6. Powers of Authority. (a) The Authority shall have all of the powers common to Members and is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following: (1) to make and enter into contracts, including the power to accept the assignment of contracts or other obligations which relate to the purposes of the Authority, or which were entered into by a Member or Former Member prior to joining the Authority, and to make claims, acquire assets and incur liabilities; (2) to accept an assignment from SDWCA of all its assets, obligations and liabilities prior to the dissolution of SDWCA (including claims and contracts in existence prior to such dissolution) in order to beneft the Members or Former Members participating in the SDWCA workers compensation program; provided, that except for the fair and equitable allocation of administrative and overhead expenses, funds from such assignment shall not be co-mingled and shall be separately accounted for as provided for in this Agreement and the Bylaws. (3) to incur debts, liabilities, or other obligations, including those which are not debts, liabilities or obligations of the Members or Former Members, or any of them; (4) to charge and collect Contributions and Assessments from Members or Former Members far participation in Programs; (5) to receive grants and donations of property, funds, services and other forms of assistance from persons, firms, corporations and governmental entities; SDRMA 5'" Amended and Restated JPA 4 Effective July 1, 2003 (6) to acquire, hold, lease or dispose of property, contributions and donations of property and other forms of assistance from persons, firms, corporations and governmental entities (7) to acquire, hold or dispose of funds, services, donations and other forms of assistance from persons, firms, corporations and governmental entities; (8) to employ agents and employees, and/or to contract for such services; (9) to incur debts, liabilities or other obligations to finance the Programs and any other powers available to the Authority under Article 2 or Article 4 of the Act; (10) to enter into agreements for the creation of separate public entities and agencies pursuant to the Act; (11) to sue and be sued in its own name; (12) to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement (including the provision of all other appropriate ancillary coverages for the benefit of the Members or Former Members), or otherwise authorized by law or the Act; and (13) to exercise all powers and perform all acts as otherwise provided for in the Bylaws. (b) Said powers shall be exercised pursuant to the terms hereof, in the manner provided by law and in accordance with Section 6509 of the Act. The foregoing powers shall be subject to the restrictions upon the manner of exercising such powers pertaining to the Member or Former Member designated in the Bylaws. Article 7. Board of Directors. Subject to the limitations of this Agreement and the laws of the State of California, the powers of this Authority shall be vested in and exercised by, and its property controlled and its affairs conducted by, the Board of the Authority, which is hereby established and designated as the agency to administer this Agreement pursuant to Section 6506 of the Act. The powers of the Authority shall be exercised through the Board of Directors, who may, from time to time, adopt and modify Bylaws and other rules and regulations for that purpose and for the conduct of its meetings as it may deem proper. The officers of the Board shall be as set forth in the Bylaws. Except as set forth in the following paragraph, and so long as the MOU has not been terminated or the Authority has not withdrawn from the MOU, the Board of Directors shall be composed of seven (7) directors elected by the Member entities who have executed the current operative Agreement and are participating in a Joint Protection Program. The terms of directors, procedures for election of directors, procedures for meetings and provisions for reimbursement of Director expenses shall be as set forth in the Bylaws. Each Member of the Board of Directors shall have one vote. Each Member of the Board shall serve as set forth in the Bylaws. Upon the effective date of this Agreement, the Board directors who shall serve until the election of directors to be consist of the directors of the Authority and SDWCA holding July ]., 2003. shall initially be composed of nine (9) held in 2005. These directors shall elected positions on such boards on SDRhtA 5'"Amended and Restated JPA 5 Effective July 1, 2003 So long as the Authority is a participant in the MOU, the Board shall appoint four members of the Board to serve as members of the Alliance Executive Council. No director of the Authority shall serve as a director on any other board of directors that is a signatory to the MOU during the term of the MOU. In the event a director is elected to such a board, the director shall immediately resign from the Board of Directors of the Authority. Article 8. Compliance with the Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq. Article 9. Powers of the Board of Directors. The Board of Directors shall have such powers and functions as provided for pursuant to this Agreement and the Bylaws and such additional powers as necessary or appropriate to fulfill the purposes of this Agreement and the Bylaws, including, but not limited to, the following: (a) to determine details of and select the Program or Programs to be offered, from time to time, by the Authority; (b) to determine and select all insurance, including Excess or Re-insurance, necessary to carry out the programs of the Authority; (c) to contract for, develop or provide through its own employees various services for the Authority; (d) to prepare or cause to be prepared the operating budget of the Authority for each fiscal year; (e) to receive and act upon reports of committees and from the Chief Executive Officer; (f) to appoint staff, including a Chief Executive Officer, and employ such persons as the Board of Directors deems necessary for the administration of this Authority; (g) to direct, subject to the terms and conditions of the Coverage Documents, the payment, adjustment, and defense of all claims involving a Member during their period of membership in and coverage under a Program; (h) to fix and collect Contributions and Assessments for participation in the Programs; (i) to expend funds of the Authority for the purpose of carrying out the provisions of the Agreement and the Bylaws as they now exist or may be hereafter amended; (j) to purchase excess insurance, liability insurance, stop loss insurance, officers and directors liability insurance, and such other insurance as the Authority may deem necessary or proper to protect the Program, employees of the Authority and employees of the Members; SDRMA 5'" Amended and Restated JPA 6 Effective July 1, 2003 (k) to defend, pay, compromise, adjust and settle all claims as provided for in the Coverage Documents; (D to obtain a fidelity bond in such amount as the Board of Directors may determine for any person or persons who have charge of or the authority to expend funds far the Authority; (m) to establish policies and procedures for the operation of the Authority and the Programs; (n) to engage, retain, and discharge agents, representatives, firms, or other organizations as the Board of Directors deems necessary for the administration of the Authority; (o) to enter into any and all contracts or agreements necessary or appropriate to carry out the purposes and functions of the Authority; (p) to acquire, hold, lease, manage and dispose of, as provided by law, any and all property necessary or appropriate to carry out the purposes and functions of the Authority; (q) to transact any other business which is within the powers of the Board of Directors; (r) to invest funds on hand in a manner authorized by law, the Agreement and the Bylaws; (s) to provide financial administration, claims management services, legal representations, safety engineering, actuarial services, and other services necessary or proper to carry out the purposes of the Authority either through its own employees or contracts with one or more third parties; (t) to exercise general supervisory and policy control over the Chief Executive Officer; (u) to establish committees and sub-committees as it deems necessary to best serve the interests of the Authority; and (v) to have such other powers and functions as are provided for pursuant to the Act, this Agreement or necessary or appropriate to fulfill the purpose of this Agreement and the Bylaws. Article 10. Officers of the Authority. The officers of the Authority shall be as set forth in the Bylaws. The Board may elect or authorize the appointment of such other officers than those described in the Bylaws as the business of the Authority may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in this Agreement, or as the Board, from time to time, may authorize or determine. Any officer may be removed, either with or without cause, by a majority of the directors of the Board at any regular or special meeting of the Board. Should a vacancy occur in any office as a result of death, resignation, removal, disqualification or any other cause, the Board may delegate the SDRh1A 5`" Amended and Restated JPA 7 Effective July 1, 2003 powers and duties of such office to any officers or to any Members of the Board until such time as a successor for said office has been appointed. Article 11. Provision for Bylaws. The Board shall promulgate Bylaws to govern the day-to- day operations of the Authority. The Board may amend the Bylaws from time to time as it deems necessary, and as provided in the Bylaws. Each Member shall receive a copy of any Bylaws and agrees to be bound by and to comply with all of the terms and conditions of the Bylaws as they exist or as they may be modified. The Bylaws shall be consistent with the terms of this Agreement. In the event any provision of the bylaws conflicts with a provision of this Agreement, the provision contained in this Agreement shall control. Article 12. [Reserved]. Article 13. CoveragQ Programs. (a) The Authority shall maintain such types and levels of coverage for Programs as determined by the Board of Directors. Such coverage may provide for binding arbitration before an independent arbitration panel of any disputes concerning coverage between the Authority and a Member. (b) The coverage afforded under one or more Programs may include protection for general liability, auto liability, property, boiler and machinery, public officials errors and omissions, employment practices, employee benefits liability coverage, employee dishonesty coverage, public officials personal liability coverage and workers' compensation, as well as coverage for other risks which the Board of Directors may determine to be advisable. More than one type of coverage may be afforded under a single Program. , (c) The Board of Directors may arrange for group policies to be issued for Members, their board members and employees interested in obtaining additional coverage, at an appropriate additional cost to those participating Members. (d) The Board of Directors may arrange for the purchase of Excess or Re-Insurance. The Authority shall not be liable to any Member or to any other person or organization if such excess or reinsurance policies are terminated, canceled or non-renewed without prior notice to one or more Members, or if there is a reduction in the type of coverage afforded under a program by reason of any change in coverage in a succeeding excess or reinsurance policy, even if such reduction occurs without prior notice to one or more Members. Article 14. Implementation of the Pro rams. The Board of Directors shall establish the coverage afforded by each Program, the amount of Contributions and Assessments, the precise cost allocation plans and formulas, provide for the handling of claims, and specify the amounts and types of Excess or Re-Insurance to be procured. The Contributions and Assessments for each Program shall be determined by the Board of Directors as set forth herein, in the Bylaws or in the operating policies established for a Program. Article 15. Accounts And Records. (a) Annual Budget. The Authority shall, pursuant to the Bylaws, annually adopt an operating budget, including budgets for each Joint Protection Program. SDRMA 5`" Amended and Restated JPA 8 Effective July I, 2003 (b) funds and Accounts. The Authority shall establish and maintain such funds and accounts as required by the Board of Directors and as required by generally accepted accounting principles, including separate funds and accounts for each Program, including Joint Protection Programs. Books and records of the Authority shall be open to any inspection at all reasonable times by authorized representatives of Members, or as otherwise required by law. (c) Investments. Subject to the applicable provisions of any indenture or resolution providing for the investment of moneys held thereunder, the Authority shall have the power to invest any rnoney in the treasury that is not required for the immediate necessities of the Authority, as the Board determines is advisable, in the same manner as local agencies pursuant to California Government Code Sections 53601 et seq. (as such provisions may be amended or supplemented). (d) No Commingling. The funds, reserves and accounts of each Program shall not be comrningled and shall be accounted for separately; provided, however, that administration and overhead expenses of the Authority not related to a specific Program or Programs may be fairly and equitably allocated among Programs as determined by the Board of Directors. Investments and cash accounts may be combined for administrative convenience, but a separate accounting shall be made' for balances of individual funds and Program revenues and expenses. (e) Annual Audit. The Board shall provide for a certified, annual audit of the accounts and records of the Authority, in the manner set forth in the Bylaws. Article 16. Services Provided by the Authority. The Authority may provide, at the sole discretion of the Board of Directors, the following services in connection with this Agreement: (a) to provide or procure coverage, including but not limited to self-insurance funds and commercial insurance, as well as excess coverage, re-insurance and umbrella insurance, by negoi:iation or bid, and purchase; (b) to assist Members in obtaining insurance coverage for risks not included within the coverage of the Authority; (c) to assist risk managers with the implementation of risk management functions as it relates to risks covered by the Programs in which the Member participates; (d) to provide loss prevention and safety consulting services to Members; (e) to provide claims adjusting and subrogation services for Claims covered by the Programs; (f) to provide loss analysis and control by the use of statistical analysis, data processing, and record and file keeping services, in order to identify high exposure operations and to evaluate proper levels of self-retention and deductibles; (g) to review Member contracts to determine sufficiency of indemnity and insurance provisions when requested; (h) to conduct risk management audits relating to the participation of Members in the Programs; and (i) to provide such other services as deemec appropriate by the Board of Directors. SDRN[A 5`" Amended and Restated JPA 9 Effective July I, 2003 Article 17. Responsibilities of Members. Members or Former Members shall have the following responsibilities, which shall survive the withdrawal from, or involuntary termination of participation in, this Agreement: (a) Each Member shall designate a person to be responsible for the risk management function within that Member and to serve as a liaison between the Member and the Authority as to risk management. (b) Each Member shall maintain an active safety officer and/or committee, and shall consider all recommendations of the Authority concerning unsafe practices and/or hazard mitigation. (c) Each Member shall maintain its own set of records, including a loss log, in all categories of risk covered by each Program in which it participates to insure accuracy of the Authority's loss reporting system, unless it is no longer deemed necessary by the Board of Directors. (d) Each Member shall pay its Contribution, and any adjustments thereto, and any Assessments within the specified period set forth in the invoice, or as otherwise may be set forth herein or in the Bylaws. After withdrawal or termination, each Former Member or its successor shall pay promptly to the Authority its share of any additional Contribution, adjustments or Assessments, if any, as required of it by the Board of Directors under Article 21 or 22 of this Agreement or the Bylaws. (e) Each Member or Former Member shall provide the Authority with such other information or assistance as may be necessary for the Authority to carry out the Programs under this Agreement in which the Member or Former Member participates or has participated. (f) Each Member or Former Member shall in any and all ways cooperate with and assist the Authority and any insurer of the Authority, in all matters relating to this Agreement and covered claims. (g) Each Member or Former Member will comply with all Bylaws, rules and regulations adopted by the Board of Directors. (h) Each Member shall remain a member in good standing of CSDA. Article 18. New Members. The Authority shall allow entry into its Programs of new Members only upon approval of the Board, with any conditions or limitations as the Board deems appropriate. In order to become a Member and remain a Member, any District must be a member in goad standing of CSDA, shall participate in at least one (1) Joint Protection Program and shall be authorized to exercise the common powers set forth in this Agreement. Article 19. Withdrawal. (A) Any Member may voluntarily withdraw from any particular Joint Protection Program without withdrawing from the Agreement if: (i) It has participated in such Joint Protection Program for at least three (3) full Program Years; (ii) it is a participant in another Joint Protection Program; and SDRMA 5'" Amended and Restated JPA 1 ~ Effective July 1, 2003 (iii) the Member submits a written withdrawal notification in accordance with the Bylaws. (B) Any participating Member may voluntarily withdraw from this Agreement only at the end of any applicable Program Year and only if: (i) The Member has been a signatory to this Agreement for not less than three (3) full Program Years as of the date of the proposed withdrawal; and (ii) submits a written withdrawal notification in accordance with the Bylaws. In the event that the three year participation requirement as required by (A)(i) or (B)(i) above has not been met, for each Program the withdrawing Member participated in at the time of its withdrawal, such withdrawing member shall be obligated to pay all Contributions and Assessments as if i:hat Member had remained in the Program for the full three years from the inception of its membership in the Authority. In the event that the notice is not provided as required by (A)(iii) or (B)(ii) above, any such withdrawing Member shall, with respect to each Program the Member participated in, be obligated to pay any and all Contributions and Assessments for the next full Program Year. (C) A Member may withdraw from any Program (other than a Joint Protection Program) as provided by the Coverage Documents relating to such Program. (D) Withdrawal of one or more Members shall not serve to terminate this Agreement. (E) A Member may not withdraw as a party to this Agreement until it has withdrawn from all of the Programs of the Authority, as provided in the Bylaws. (F) In connection with calculating the participation time pursuant to subsections (A)(i) and (B)(i) above, continuous participation in a Joint Protection Program of the Authority (or the equivalent programs of SDWCA prior to its dissolution) shall count towards the three year requirements. Article 20. Involuntary Termination. (a) Notwithstanding the provisions of Article 19, the Authority shall have the right to involuntarily terminate any Member's participation in any Program, or terminate membership in the Authority, as provided in the Bylaws. (b) Notwithstanding any other provisions of this Agreement, the participation of any Member of the Authority, including participation in any of the Authority's Programs, may be involuntarily terminated at the discretion of the Board of Directors whenever such Member is dissolved, consolidated, merged or annexed. A reasonable time shall be afforded, in the discretion of the Board of Directors, to place coverage elsewhere. Any such involuntary termination shall not relieve the Member or Former Member of its responsibilities as provided for in Articles 17 or 21. Article 21. Effect of Withdrawal or Involuntary Termination. The withdrawal from or involuntary termination of any Member from this Agreement shall not terminate this Agreement, and such Member, by withdrawing or being involuntarily terminated, shall not be entitled to payment, return or refund of any Contribution, Assessment, consideration, or other property paid, or donated by the Member to the Authority, or to any return of any loss reserve contribution, or to any SDRM;A 5'" Amended and Restated JPA 11 Effective July 1, 2003 distribution of assets (except payment of any Retained Earnings, as set forth in the following paragraph). The withdrawal from or involuntary termination of any Member after the effective date of any Program shall not terminate its responsibility to pay its unpaid Contribution adjustments, or Assessments to such Program. The Board of Directors shall determine the final amount due from the Member or Former Member or credits to the Member or Former Member for the period of its participation has been made by the Board of Directors. Such determination shall not be made until all Claims, or other unpaid liabilities, have been finally resolved. In connection with this determination, the Board of Directors may exercise similar powers to those provided for in Article 22(b) of this Agreement, or as otherwise set forth in the Bylaws. Upon such withdrawal from or cancellation of participation in any Program by any Member, said Member shall be entitled to receive its pro rata share of any Retained Earnings declared by the Board of Directors after the date of said Member withdraws or is involuntarily terminated. Article 22. Termination and Distribution: Assiga~• (a) This Agreement may be terminated any time with the written consent of two-thirds of the voting Members; provided, however, that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of net assets and all other functions necessary to wind up the affairs of the Authority. (b) The Board of Directors is vested with all powers of the Authority for the purpose of winding up and dissolving the business affairs of the Authority. These powers shall include the power to require Members or Former Members, including those which were signatory hereto at the time the subject Claims arose or was/were incurred, to pay any Assessment in accordance with loss allocation formulas for final disposition of all Claims and losses covered by this Agreement or the Bylaws. A Member or Former Member's Assessment shall be determined asset forth in the Bylaws or the applicable Coverage Documents. (c) Upon termination of a Program, all net assets of such Program shall be distributed only among the Members that are participating in such Program at the time of termination, in accordance with and proportionate to their cash payments (including Contributions, adjustments, Assessments and other property at market value when received) made during the term of this Agreement for such Program. The Board of Directors shall determine such distribution within six (6) months after disposal of the last pending Claim or lass covered by such Program, or as otherwise set forth in the Bylaws. (d) Upon termination of this Agreement all net assets of the Authority shall be distributed only among the Members in good standing at the time of such termination in accordance with and proportionate to their cash contributions and property at market value when received. The Board of Directors shall determine such distribution within six (6) months after disposal of the last pending Claim or loss covered by this Agreement, or as otherwise set forth in the Bylaws. (e) In the event the Board of Directors is no longer able to assemble a quorum, the Chief Executive Officer shall exercise all powers and authority under this Article. The decision of the Board of Directors or Chief Executive Officer under this Article shall be final. (f) In lieu of terminating this Agreement, the Board, with the written consent of two- thirds of the voting Members, may elect to assign and transfer all of the Authority's rights, assets, liabilities and obligations to a successor joint powers authority created under the Act. SDRMA 5`" Amended and Restated JPA 12 Effective July I, 2003 Article 23. Enforcement. The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted to enforce the terms of this Agreement, the Bylaws and/or any policies and/or procedures of the Board of Directors and the nondefaulting party(s) shoul9 employ attorneys or incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party(s) herein contained, the defaulting party agrees that it will on demand therefore pay to the nondefaulting party(s) the reasonable fees of such attorneys and such other expenses so incurred by the nondefaulting party(s). Article 24. NonliabilibLof Directors. Officers and Employees. The Board of Directors, and tine officers and employees of the Authority, including former directors, officers and employees, shall not be liable to the Authority, to any Member or Former Member, or to any other person, for actual or alleged breach of duty, mistake of judgment, neglect, error, misstatement, misleading statement, or any other act or omission in the performance of their duties hereunder; for any action taken or omitted by any employee or independent contractor; for loss incurred through the investment or failure to invest funds; or for loss attributable to any failure or omission to procure or maini:ain insurance; except in the event of fraud, gross negligence, or intentional misconduct of such director, officer or employee. No director, officer or employee, including former directors, officers and employees, shall be liable for any action taken or omitted by any other director, officer or employee. The Authority shall defend and shall indemnify and hold harmless its directors, officers and employees, including former directors, officers and employees, from any and all claims, demands, causes of action, and damages arising out of their performance of their duties as such directors, officers or employees of the Authority except in the event of fraud, gross negligence, corruption, malice or intentional misconduct, and the funds of the Authority shall be used for such purpose. The Authority may purchase conventional insurance to protect the Authority, and its participating Members or Former Members, against any such acts or omissions by its directors, officers and employees, including former directors, officers and employees. Article 25. Annual Service Fee• Provisions Relating_ to CSDA. The Authority shall annually pay to CSDA a minimum fee of one percent (1%) of the amount of net Contributions (gross Contributions less refunds) actually billed to Members in such year. The date of such payment to CSDP,, the scope of the services to be provided by CSDA, and any additional compensation to CSDA in excess of the 1% fee will be established and agreed upon from time to time by the Board of Directors and CSDA, and such dates, amounts and services shall be set forth in a separate agreement. CSDA and the Authority may from time to time exchange other services pursuant to Section 6505 of the Act, including, but not limited to, services relating to educational programs, marketing, web-site graphics and conferences. In the event the MOU has been terminated or the Authority has withdrawn from the MOU, the composition of the Board of Directors shall be increased by two (2) additional directors to be appointed by CSDA. So long as the Authority is a participant in the MOU, the Board shall appoint four members of the Board to serve as members of the Alliance Executive Council. No director of the Authority shall serve as a director on any other Board of Directors that is a signatory to the MOU during the term of the MOU. CSDA shall be a third party beneficiary to Sections 18, 25, 27 of this Agreement. Article 26. Notices. Notices to Members or Former Members hereunder shall be sufficient if delivered to the principal office of the respective Member or Former Member. SDR,\1A 5`"Amended and Restated JPA 13 Effective July 1, 2003 Article 27. Amendment. This Agreement may be amended at any time by atwo-thirds vote of the Members; provided, that any amendment to Article 18, Article 25, or Article 27 shall require the prior written consent of CSDA. The Bylaws may be amended as provided therein. Upon the effective date of any validly approved amendment to this Agreement, such amendment shall be binding on all Members. Article 28. Prohibition Against Assignment. No person or organization shall be entitled to assert the rights, either direct or derivative, of any Member or Former Member under any coverage agreement or memorandum. No Member or Former Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member or Former Member shall have any right, claim or title or any part, share, interest, fund, contribution or asset of the Authority. Article 29. Agreement Complete. The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. This Agreement supersedes and replaces the Fourth Amended Joint Powers Amendment. Article 30. Counterparts. This Agreement may be executed in one or mare counterparts and shall be as fully effective as though executed in one document. Article 31. California Law. This Agreement shall be governed by the laws of the State of California. Article 32. Severabilitv. Should any part, term or provisions of this Agreement be determined by any court of component jurisdiction to be illegal or in conflict with any law of the State of California or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Article 33. Effective Date. This Agreement shall become effective as to existing Members of the Authority on the date on which (i) the last of two-thirds of such Members have executed this Agreement, and (ii) the Board of Directors of SDWCA, following approval of two-thirds of its members, have voted to dissolve SDWCA; provided that in no event shall this Agreement be effective prior to July 1, 2003. SDRMA 5'" Amended and Restated JPA 14 Effective July 1, 2003 IN WITNESS WHEREOF, the parties hereto have first executed this Agreement by authorized officials thereof on the date indicated below: Acknowledgement: d~~~~~~`~'~ March 24, 2003 David Aranda, President Board of Directors Date SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY I hereby certify this Amended and Restated Joint Powers Agreement has also received the required approval of not less than two-thirds of the Member entities then parties to the Fourth Amended Joint Powers Agreement. -~ ._ Ja .Towns, Chief Executive Officer SP~AL DISTRICT RISK MANAGEMENT AUTHORITY March 24, 2003 Date SDRMA 5'h Amended and Restated JPA l 5 Effective July 1, 2003 EXECUTION BY MEMBER The Amended and Restated Joint Powers Agreement of the Special District Risk Management Authority, has been approved by the Board of Directors of the Member listed below, on the date shown, and said Member agrees to be subject to all of the terms and conditions set forth in said Agreement. Entity Na By: By: President Clerk EXECUTION BY AUTHORITY The Special District Risk Management Authority (the "Authority'), operating and functioning pursuant to this Fifth Amended and Restated Joint Powers Agreement, hereby accepts the entity named above as a participating member in the Authority, subject to all of the terms and conditions set forth in the Fifth Amended and Restated Joint Powers Agreement and in the Bylaws, effective as of SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY David Aranda, President Board of Directors SDRMA 5`" Amended and RestatedlPA 16 Effectiveluly 1, 2003 EXECUTION BY MEMBER The F~mended and Restated Joint Powers Agreement of the Special District Risk Management Authority, has been approved by the Board of Directors of the Member listed below, on the date shown, and said Member agrees to be subject to all of the terms and conditions set forth in said Agreement. Entity Name President Clerk EXECUTION BY AUTHORITY The :ipecial District Risk Management Authority (the "Authority"), operating and functioning pursuant to this Fifth Amended and Restated Joint Powers Agreement, hereby accepts the entity named above as a participating member in the Authority, subject to all of the terms and conditions set forth in the Fifth Amended and Restated Joint Powers Agreement and in the Bylaws, effective as of SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY David Aranda, President Board of Directors SDRN[A 5`" Amended and Restated JPA 16 Effective July 1, 2003 East Valley Water District Balance Sheet -Unaudited July 31, 2006 ASSETS UTILITY PLANT - at cost: Unclassified: Default $645 Utility plant in service -water department $91,226,569 Utility plant in service -sewer department 23,371,055 114,598,269 Less: Accumulated depreciation (34,602,790) 79,995,478 Construction in progress 12,904,452 92,899,931 RESTRICTED ASSETS: Water department -bond funds -cash in bank 6,475 Certificate of Participation reserved funds -cash in bank 13,519,833 Reserved funds -designations -cash in bank 2,186,450 15,712,758 CURRENT ASSETS: Cash and Investments 23,557,943 Less: Restricted Cash and Investments 15,712,758 7,845,185 Accounts receivable (net of allowance) 1,568,575 Other receivables (net of allowance) 304,272 Inventory 961,828 Prepaid expenses 199,221 10,879,080 OTHER ASSETS AND DEFERRED COSTS (Net of Amortization): Bond discount and incidental bond expenses 13,727 Deferred financing charges 287,321 301,049 TOT~4L ASSETS $119,792,818 East Valley Water District Balance Sheet -Unaudited July 31, 2006 LIABILITIES AND EQUITY LONG-TERM DEBT: Certificates of Participation due after one year $9,575,332 Installment Payment Obligations 15,519,017 DWF2 Loan 146,057 Less: Deferred amount on refunding of COPS (478,742) 24,761,664 CURRENT LIABILITIES: Accounts Payable 1,625,536 Accrued payroll and benefits 836,636 Cusl:omer service deposits 1,515,329 Accrued interest payable 6,475 Deposits -refundable 276,266 Certificates of Participation due within one year 1,726,266 5,986,507 TOTAL LIABILITIES 30,748,171 EQUITY: Contributed capital: Invested in utility plant 33,404,116 Other wntributed capital 3,695,064 Retained earnings: Reserved for water bond funds 6,475 Reserved for emergencies 2,170,000 Reserved for unemployment insurance 16,450 Unreserved 48,961,342 Nest Income for current year 791,199 TOTAL EQUITY 89,044,647 TOTAL LIABILITIES AND EQUITY $119,792,818 ~ ~ 0 nm aD V m N ~ ~ < O WOM<rO ~N NMN D Wf ~O 0 1 00 ~ 0 M p p N W O n 01 _ ~n r v1 <t~1~00 ~ m ~ .N N( 0 Of N - - " ~ M U ~ T p :1. ~ • SN ~ O O S O N O O NS~~nNON1N OM OOH <p 0) ~ a m if9 O1Nn~t~1n NN Ol9 tD~0 <p T O I~ I'_d ~ N W n~ m Cl m 01 n O1 t0 A O N t7 m m O OJr~~fC LL9M[7NOOnfO f Q7 - t0 M fp N . 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O ~ U W~~ a r m y E~~ ~` m~ W Q dt y E~ ~ m wa m Fmh ~~LU Via' m d ~ m 66 ' O ' XO Z QC W ~ U 2 W Kiwanis Club of Highland, Inc PO Box 1066 Highland CA 92346 Linda Brook, President 2005-2006 2oo4-zoos officers September 11, 2006 Linda Brook, President Fred Robbins, Pres Elect On behalf of the Kiwanis Club of Highland, lnc. 1 would tike to thank you for Heck Thomas, Vice Pres participating in our Second Annual Car and Motorcycle Show held last Jerry Patterson, Treasurer Sue Hulse, secretary weekend in conjunction with the Highland Area Chamber of Commeroe Ed Morden, Im Past Pres Discover Highland Night Board of Directors The turnout far exceeded our expectations, and yourinvolvement really made Soledad Morden Harriet Foucher the entire evening a great success. In addition, this activity will allow our club to Earl Plessel purohase dictionaries forthird graders in Highland. For this, we appreciate your Arlene Johnson generosity! Penny Lilburn Hazel George Although our main service is to the children of the world, this event proved to us saonsored Youth that there is no age limit to being a child. Thank you for sharing your hobby and Pacific HS Key Club passions not only with our club members, but with the city of Highland! Warm Springs Ele K-Kids P/ease feel free to drop us a line with your comments and/or concerns on how the evening went for you. In addition, we hope you will calendar March 31, MEETINGS- 2007. This is the City of Highlands' annual Citrus Harvest Festival and we will Every Thursday at roo an,. once again be hosting a car show. We'd love to have you be a part of Phis great coco~s event! Highland 8 Arden,4ves Again, thank you for your involvement. Consider Joining Sincerely, Usl Sue Hulse, Secretary :a ~ -.,. i~ .rinrtrnrs is a ;,t1oARl JT•4+arni;utinn r, f rnlmPretTS detln'atrd fU L'It1lRJ~ol17.b rite ualrld nrre tllitd anJ and ereul)trnin' ,rt .v rbrrr "San :Bernardino Area Chamber of Commerce Business After Hours" Thursday, September 28, 2006 5:00 pm to 7:00 pm $5.00 cover chazge PARRA CONSTRUCTION "Your one stop for commercial and residential new construction, tenant improvements, remodels and room additions" 357 West 2"d Street San Bernardino, CA 92401 (Cross street "D") RSVP by Friday, September ll P. O. Box 658 San Bernazdino, CA 92402 Or call (909) 885-7515 9;~ ~ Highland Area ~~°F Chamber of Commerce ~~Celebrating 100 Years of Service" You axe cordially invited to attend the Highland Area Chamber of Commerce > c<c' c. 1 ~:+_,~Ja r ~ ~ CIUFORh~4 CRHUS LM9h "Centennial CeYebration Dinner" Thursday, eJctober 5, 2006 Wine and Cheese Reception 5:30pm-6:30pm Dinner at 6:30pm Program and Paffle/Silent Auction 7:30pm-9:OOpm The Castaway - 670 Kendall Drive San Bernardino, California Sponsor and Reservation Information Attendees: _ c~.x $40 per person = ~ Tables of Eight (8): _ @ $320 per table = $ Platimun Sponsor i 16): _ @ $1000/2 tables = $ Gold Sponsor (8j: _ @ X500 per table = ~ ' Silver Sponsor: _ @ X100 donation = $ Bronze Sponsor: _ @ X50 donation = 1*v Name: Company: Phone: Email: ;TLEASE LS~I' ALL?TTE_~.1DEE NhhRES Otd Ti-~ 2+P.C:. ^? FGRi~~f~ %Ji s onso[s a•~i 6N lerooneel !c Cnn eaen[ nLOe an; oa'-gent ::a„~, 3f. ~:. if :S G^;C GVftli C~harlbe[>'3u~2[IC n•?H~R~~:rt it^C^_ ~_ : J'-`Ji:~ ~y:c]°Ila C~".i:::0~ ~iL::~ JI ~'iv I? w]i^91tii'a~~' C~. .,.~....]J~-R_': :'l: '~S::':? i s r_.i.:fa: _... ~~.. . _~!' 9!':!,.,a .' +r'r L' ~.y>.~:,... Q•.'.°5' 4i,r' ~. D., ,... rJi: 1:!;':~.' ..~ '~Fi-.:....... . . ~ ..i ::r~~ ~~siikia , ,6 .~}=~s `t. .... - ... .:., -a. c ~ ; .~ F_4 4w• r.{ F _=a ~ "~ (. 4 - - ~:: =t. _ "4441.1. ~~ 4 {: 1. 1. 1. ~. .. ~ Santa Ana River watershed management _- " - ~3_ ]~ Chino Basin groundwater quality issues p. '-=r 9- Water recycling and salt water intrusion ~ Conjunctive use in coastal southern California ~ Desalination of seawater and groundwater San Diego regional water management planning ~ New surface water storage facilities ~-- Water conservation efforts, including landscaping -~-=~ " ~ Wetlands mitigation projects This fast paced tour begins at S a.m., Wednesday, October 25, at Ontario International Airport and will end at approximately 6 p.m. Friday, October 27 at Ontario International Airport. Registration: $575 per person, single occupancy room: $950 for two people shazing a room. Register four or more people for adiscount -single occupancy rooms $525; double occupancy rooms $900. Fee includes all meals, transportation and hotel accommodations, the Ramada Hotel in Costa Mesa (Wednesday) and the Hacienda Hotel in Old Town San Diego (Thursday), while on the tour. Pazticipants aze responsible for their own transportation to and from Ontazio International Airport. To register, return form to the Foundation with payment; faxed reservations accepted with credit cazd or purchase orders. Or, register securely on-line at www.watereducation.org/tours.asp. All reservations are on a first-come, first-serve basis. Deadline to cancel and receive a full refund is 5 p.m. October 13 due to hotel, meal and transportation bookings. Refund request must be in writing. Substitutions may be made at any time. f~.F Y 1: 1. .m ~ tt s'..-. `I `~~A :~;:;-~~.Y :- ~. - ~ -, ?' _ l "" ;. This activity has been approved for Minirnum Continuing Legal Education -~~,~ { ..ry (MCLE) credit by the State Bar of California. The tour also offers California - _ `;; Depaztment of Health Services Continuing Education units for a water plant .r~ ~. w or wastewater plant operator's license. There is an additional $100 fee to ~~ register for these credits. Contact the Foundation for more details. ';~ " °' Addifional informafion and an itinerary will be mailed approximately one month before the tour. Please notify the Foundation prior to the tour if you ~ have a medical condition or other special need. ..a[--°.