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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 01/11/2011t"OEast Valley Water District 3654 HIGHLAND AVE., SUITE #12, HIGHLAND, CA BOARD MEETING January 11, 2011 3:00 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 departmental investigation, will be considered by the Board of Directors ". ----------------------------------------- --------------- ------- - - - - -- CALL TO ORDER PLEDGE OF ALLEGIANCE 1. Public Comments 2. Approval of Agenda CONSENT CALENDAR 3. Approval of Board meeting minutes for December 14, 2010 4. Accounts Payable Disbursements: Accounts Payable Checks # 227021 through # 227135 which were distributed during the period of December 22, 2010 through January 4, 2011, in the amount of $515,764.71. Payroll and benefit contributions for the period ended January 4, 2011 and included checks and direct deposits, in the amount of $231,808.98. Total Disbursement for the period $747,573.69. NEW BUSINESS 5. Discussion and possible action regarding the District's audited financial statements for 2009/2010 6. Discussion and possible action regarding the District's hiring freeze 7. Discussion and possible action regarding the flood damaged homes within the District's boundaries 8. Discussion and possible action regarding award of contract for Plant 150 (Ion Exchange System) 9. Directors' fees and expenses for December 2010 REPORTS 10. General Manager / Staff Reports 11. Consultant Reports 12. Committee Reports • Legislative (Standing) • Community Affairs (Standing) • Policy Committee (Ad -Hoc) • JPA Review (Ad -Hoc) 13. Oral comments from Board of Directors CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9 (c) One (1) Potential Case 15. PUBLIC EMPLOYEE PERFORMANCE EVALUATION [Government Code Section 549571 Title: General Manager ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN ------------------------------------------------------------------------ Pursuant to Government Code Section 54954.2(a), any request for a disability- related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above - agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting. ----------------------------------------- -------- -------- --------- --- - -- 2 East Val ley Water District MISSION STATEMENT: Our Mission at East Valley Water District is to provide our customers with a safe and reliable water supply that is delivered at a fair and cost - effective price. Subiect to approval EAST VALLEY WATER DISTRICT December 14, 2010 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Dr. Mathis led the flag salute. PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ron Buchwald, District Engineer; Cecilia Contreras, Administrative Office Specialist; Justine Hendricksen, Administrative Manager; Gary Sturdivan, Safety & Regulatory Affairs Director LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), Dr. Bill Mathis (Mathis Group); Larry Sharp (CSUSB), Mike Kovac (CSUSB); Susie Earp (CSUSB); Cara Van Dijk (CV Strategies); Alex Altman (CV Strategies); Dick Corneille (CDM); Board Members from Baseline Gardens Mutual Water Company PUBLIC COMMENTS President Wilson declared the public participation section of the meeting open at 3:01 pm. There being no verbal or written comments the public participation section was closed. APPROVAL OF AGENDA M/S /C (Malmberg- LeVesque) that the December 14, 2010 agenda be approved as submitted. ADJOURN TO EAST VALLEY PUBLIC FACILITIES CORPORATION MEETING AT 3:02 PM RECONVENE TO EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING AT 3:03 P.M. ADJOURN TO EAST VALLEY WATER DISTRICT'S FINANCING AUTHORITY MEETING AT 3:03 P.M. RECONVENE TO EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING AT 3:04 P.M. Minutes 12/14/10 cmc APPROVAL OF BOARD MEETING MINUTES FOR NOVEMBER 9, 2010 M/S /C (LeVesque - Malmberg) that the November 9. 2010 Minutes be approved as submitted. APPROVAL OF BOARD MEETING MINUTES FOR NOVEMBER 23, 2010 M/S /C (LeVesque - Malmberg) that the November 23, 2010 Minutes be approved as submitted. DISBURSEMENTS M /S /C (LeVesque - Malmberg) that the General Fund Disbursements #226707 through #226859 which were distributed during the period of November 7. 2010 through December 6, 2010, in the amount of $1,079,967.91 and Payroll and Benefit contributions for the period ended December 6, 2010 and included checks and direct deposits, in the amount of $330,232.89 totaling $1,410,200.80 be approved. REVIEW AND DISCUSSION OF JOINT POWERS AGREEMENT WITH THE CITY OF SAN BERNARDINO WATER DEPARTMENT The General Manager gave a brief overview regarding the Joint Powers Agreement that the District has with the City of San Bernardino Water Department. He stated that it contains the layout and boundaries for the service area, trunk line provisions, wastewater treatment capacity charges, etc. Director Malmberg questioned the benefit for any changes to be made. Director Morales stated that in the newest amendment (number six) in reference to regional costs, there is language that discusses the Inland Empire Wastewater Advisory Board and would like to know more information. President Wilson assigned an Ad -Hoc committee to review the Joint Powers Agreement and bring information back to the entire Board. Director Malmberg and Director Morales are assigned to the Ad -I loc Committee DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF CONTRACT FOR PLANT 150 FINAL DESIGN TO CAMP DRESSER & MCKEF, INC. (CDM) The General Manager stated that it is now the appropriate time to begin final design for Plant 150; that CDM's design process will take the majority of the yl-ar to accomplish but the cost numbers that are listed are still good; that Plant 150 will serve sek eral groundwater wells that are susceptible to perchlorate and nitrate contamination. 2 Minutes 12/14/10 cmc Mr. Kennedy stated that some milestones and dates listed in the current proposal needed updating. Mr. Buchwald stated that the dates will be updated in the final contract. Director Malmberg questioned the ability of the treatment plant and the ability to accommodate any new regulations from the State for a lower perchlorate level. Mr. Buchwald stated that Plant 150 would have the blending capacity and that the site is large enough to expand if needed. M /S /C (LeVesque - Malmberg) to award the contract for Plant 150 final design to Camp Dresser & McKee, Inc. (CDM). DISCUSSION AND POSSIBLE ACTION REGARDING PRESENTATION FROM MIKE KOVACK (CSUSB) RELATING TO THE WATER LIBRARY Mr. Kovack thanked the District for their continued support. Ms Earp stated that she will be re -doing her interview with the Wrights regarding North Fork; that there are several updated aerial photos posted on the website dating back to the 1920's; that Joe Rowe was presented with the Water Hero's award. Mr. Sharp discussed the partnership between Cal State University San University of California, Riverside and that the records from the water between the two colleges and that there will be electronic versions available. No action taken. Information only. BOARD REORGANIZATION President Wilson declared nominations open for Board Reorganization M/S (Sturgeon - Malmberg) to keep the current slate of officers: Bernardino and the library will be split Vice President LeVesque stated that he would like to offer the Vice President role open for nomination. M/S /C (Sturgeon - Malmberg) to keep the current slate of officers: President — George E. Wilson Vice President — Matt LeVesque General Manager — Robert Martin Chief Financial Officer — Brian Tompkins Minutes 12/14/10 Me M/S /C (Sturgeon - Malmberg) to keep the current committee assignments with the addition of the Ad -Hoc committee to review the Joint Powers Agreement with the City of San Bernardino Water Department. SETTING TIME AND PLACE FOR HOLDING MEETINGS President Wilson declared the time and place for holding regular meetings is open for discussion. M/S /C (LeVesque - Malmberg) that the District's regular Board meetings be held at the District's Office located at 3654 E. Highland Avenue, Suite 12. Highland, California, on the second (2 "d) and fourth (4th) Tuesday of each month at 3:00 p.m. DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSITION 218 HEARING NOTICE FOR WASTEWATER TREATMENT RATES The General Manager discussed the City of San Bernardino Water Departments proposed wastewater treatment rate increase: that this would require the District to hold a Proposition 218 hearing. The Board discussed a number of items relating to the proposed increase including, but not limited to, the effective date of the increase, majority protests and how protests will be weighed, technical issues relating to the computation of the rates, a new ad -hoc committee to review the proposed rates, an additional matrix study that may affect the District, a review of the surcharge to customers east of Boulder. No action taken. DISCUSSION AND POSSIBLE ACTION REGARDING MILEAGE REIMBURSEMENT RATE ESTABLISHED BY THE IRS FOR 2011 M /S /C (LeVesque - Sturgeon) that the District follows the mileage reimbursement rate established by the IRS for 2011. DISCUSSION AND POSSIBLE ACTION REGARDING THE ENGINEERING INVESTIGATION STUDY RELATING TO BASELINE GARDENS MUTUAL WATER COMPANY SUBMITTED BY MCKEEVER ENGINEERING Mr. Sturdivan gave an update on the events regarding Baseline Gardens Mutual Water Company; that they have an emergency connection with the City of San Bernardino Water Department; that he attended a public meeting with the Board members from Baseline Gardens to discuss the future of the Mutual Water Company; that at that meeting, there was a survey taken to see the interest the property owners would have in consolidating with East Valley Water District; that the District will have to go through the same processes as it has done in the past with the Eastwood Farms consolidation; that a proposal has been received from McKeever Engineering to do a preliminary engineers report. The General Manager stated that in the next few months Baseline Gardens and East Valley will apply for a grant to cover the costs of the consolidation; that Fast Valley would need to provide 4 Minutes 12/14/10 cmc the funds upfront for the preliminary engineers report but the costs would be recovered from the grant. Director Morales stated his concern regarding the customer response and if there was any opposition to the consolidation. Mr. Sturdivan stated that in comparison to Eastwood Farms consolidation, he has a more comfortable feeling when it comes to the consolidation with Baseline Gardens. M /S /C (Sturgeon - LeVesque) to approve and proceed with the engineering investigation study relating to Baseline Gardens Mutual Water Company submitted by McKeever Engineering. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDING OCTOBER 31, 2010 Mr. Tompkins gave a brief overview of the financial statements. M /S /C (Sturgeon - Malmberg) to accept the financial statements for period ending October 31, 2010 as submitted. DIRECTORS' FEES AND EXPENSES FOR NOVEMBER 2010 M/S /C (Sturgeon - LeVesque) to approve the Directors' Fees and Expenses for November 2010 GENERAL MANAGER /STAFF REPORTS The General Manager stated that Fish & Wildlife has come out with their decision regarding the Santa Ana Sucker Fish; that the Task Force is currently reviewing this document and it could possibly have significant impacts; that the next Task Force meeting will be after the New Year. The General Manager gave an update on the District's Suite 30 improvements; that the construction is moving along well, however, the City of San Bernardino's inspector has stated that the ADA standards for the parking lot are not in compliance. CONSULTANT REPORTS Ms Van Dijk stated that CV Strategies is working on the District's Strategic Communication Plan; that they are also working with the Santa Ana Sucker Fish Task Force on getting the message out to local agencies that would be affected. COMMITTEE REPORTS a. Legislative (Standing) - No comments at this time b. Community Affairs (Standing) - No comments at this time. j Minutes 12/14/10 cmc c. Policy (Ad -Hoc) - Director Morales stated that the Committee will be meeting soon to work on the Drug and Alcohol Policy. d. General Manager's Review (Ad -Hoc) - This item to be discussed in Closed Session. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Morales expressed his thanks to staff for a great Annual ? wards Banquet Director Malmberg stated that he very much enjoyed the Annual Awards Banquet President Wilson stated that the ACWA conference was great and that he enjoyed listening in on the session where Director LeVesque was on the Panel. LETTER OF APPRECIATION TO THE DISTRICT FROM RITA SCHMIDT SUDMAN (WATER EDUCATION FOUNDATION) AND JO MCANDREWS (MCANDREWS AND BOYD) Information Only ASSOCIATION OF THE SAN BERNARDINO COUNTY SPECIAL DISTRICTS MEMBERSHIP MEETING, SAN BERNARDINO, DECEMBER 13, 2010 Information Only SAN BERNARDINO AREA CHAMBER OF COMMERCE ANNUAL HOLIDAY RECEPTION & OPEN HOUSE, SAN BERNARDINO, DECEMBER 16, 2010 Information Only CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION CAPITOL DAY, SACRAMENTO, JANUARY 24, 2011 Information Only CSDA'S "HOW TO BE AN EFFECTIVE BOARD MEMBER ", VARIOUS LOCATIONS AND DATES FOR 2011 Information Only WATER EDUCATION FOUNDATION'S 2011 WATER TOUR DATES Information Only WATER EDUCATION FOUNDATION'S 28TH ANNUAL EXECUTIVE BRIEFING "NAVIGATING UNCERTAIN WATERS ", SACRAMENTO, MARCH 24-25,2011 Information Only The Board took a break at 4:43 p.m. The Board retuned to session at 4:50 p.m CLOSED SESSION Minutes 12/14/10 Me The Board entered into Closed Session at 4:50 p.m. as provided in the California Open Meeting Law. Government Code Section 54945.9(a), to discuss those items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session 5:32 p.m. The items listed on the agenda were discussed in closed session with no reportable action. FEVO "11012 The meeting was adjourned at 5:32 p.m. until the next regularly scheduled Board Meeting. George Wilson, President Robert E. Martin, Secretary Minutes 12/14/10 Me East Val ley Water District Board Memorandum From: Brian W. Tompkins / Chief Financial Officer Oq Subject : Disbursements. Recommandation: Approve the attached list of accounts payable checks and payroll issued during the period December 22, 2010 through January 4, 2011. Date JANUARY 11, 2011 Background: Accounts payable checks are shown on the attached listing and include numbers 227021 to 227135 for A total of $515,764.71. 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Martin, General Manager Subject : EVWD Hiring Freeze Recommendation : Authorize the recruitment and hiring of a new Engineer and a new Water Service Worker For the past year the Board has, due to budgetary considerations, imposed a hiring freeze on the District. As of this date, the District has four positions that are now unfilled. These include a staff engineering position and three water service worker positions. Although these vacancies have certainly helped the District cope with the economic conditions that we have faced, they have also created problems with the performance of our normal duties in planning, maintenance and new construction. I would like to request the Board's authorization to begin the process of filling two of these four vacant positions. Specifically, I would like to hire another engineer to help oversee our Developer activity and also to coordinate all of our activities related to the street and storm drain projects that are being undertaken by the Cities of Highland and San Bernardino. The City of Highland has been especially aggressive with their street improvement projects. This has required a tremendous amount of time from our staff to coordinate these improvements with our existing facilities. I would also like to fill one of our three vacant Water Service Worker positions. We also have a very aggressive list of public improvement projects that we have undertaken. In addition, we have all of the normal maintenance and repair activities that must continue on a daily basis. The District's 2010 -2011 budget assumes a full complement of employees. The filling of these two positions will not, therefore, require a budgetary adjustment. If approved, the actual process to recruit, interview and hire these new employees will take several months. Your consideration of this request is appreciated. �EastValley Water District Board Memorandum No. B -01 -2011 Date: January 4, 2011 From: Ron Buchwald, PE Subject: Plant 150 Ion Exchange Systems Supplier Recommendation: Award the Ion Exchange System to Calgon Carbon Corporation Background: On December 14, 2010, the Board authorized the District to enter into an agreement with CDM to complete the final design for the Plant 150 Centralized Treatment Plant. This new treatment plant will allow the District to efficiently treat for perchlorate from three Wells (11A, 12A and 28A) at a single site as well as allow the District to be prepared for potential future contaminants and expand /replace old and worn out booster stations, reservoirs and appurtenances. In order to complete the final design, CDM needs to know the specifics of the equipment that will be used in the ion exchange (IX) process. CDM's opinion of probable cost for the ion exchange system is 3.1 million dollars. On July 27, 2010, invitations for proposals were sent to four previously qualified Ion Exchange System Suppliers. They were Tonka Equipment Company, Calgon Carbon Corporation, Envirogen Technologies, and Layne Christensen Company. On September 8, 2010, the sealed bids were open. Of the four invitations that were sent out only three bids were received, Layne Christensen Company chose not to submit a bid. Of the three bids that were received, Calgon Carbon Corporation was the apparent low bidder at $2,269,605.00, followed by Envirogen Technologies ($2,350,000.00) and Tonka Equipment Company ($2,530,000.00). After completing a comprehensive evaluation of the three bids, CDM found that all three bids met the bidding requirements and considered them all acceptable. CDM also found that, within the past 5 years, only Calgon Carbon Corporation (CCC) has supplied IX systems to four projects that were similar in size and design as the proposed Plant 150 project. The references that CCC provided also confirmed that CCC was committed to providing the best system possible and was present during and after construction, start up and commissioning. Based on the evaluation that CDM provided, CCC's references, experience and the fact that they are the low bidder, I recommend the Board awards the IXSS manufacture contract to Calgon Carbon Corporation. Fiscal Impact: $2,269,605 Memorandum To: EVWD From: CDM — Proposal Review Team: Usingama Mvuemba, Jason Yoshimura, Sava Nedic Date: December 30, 2010 Subject: EVWD Plant 150 Ion Exchange Systems Suppliers Proposals Evaluation Invitations for Proposals (IFP) were sent to the four previously prequalified Ion Exchange System Suppliers (IXSS) on July 27, 2010. In addition, two addenda modifying contracts documents were sent to each IXSS on August 23 and 31, 2010. Table 1 lists the invited IXSSs, their contact information and their responses to the invitation. Table 1 Pre - qualified Organizations IXSs Contact Mailing Address Responses Tonka Equipment John Berringan 13305 Watertower Circle Company 763- 559 -2837 Plymouth MN, 55441 Accepted invitation Calgon Carbon Charles Drewry PO Box 717 Pittsburgh PA, Corporation 352 -467 -0103 15230 -0717 Accepted invitation Layne Christensen Oscar Velastegui 11001 Etiwanda Avenue Company 909 - 390.2833 Fontana CA 92337 Declined invitation 8740 White Oak Ave. Envirogen Bill Schwartz 877- Rancho Cucamonga, CA 1 Technologies 312- 8950 x120 91730 Accepted invitation Sealed proposals (bids) were received by the DISTRICT from the following prequalified IXSS's by the scheduled bid time at 2:00 PM on Monday, September 8,2010: ■ Tonka Equipment Company, ■ Calgon Carbon Corporation, ■ Envirogen Technologies Layne Christensen Company's representative, Oscar Velastegui, contacted CDM via email on September 1, 2010 to notify that the company had decided not to bid for this project. Mr. Velastegui stated that after internal review they did not feel confident of winning and therefore decided not to bid for the project. r� Bid Opening On September 8, 2010, at 2:00 pm PST, EV WD opened the bids. The bid opening was witnessed by: ■ Ron Buchwald, PE - EVWD's District Engineer ■ Eliseo Ochoa, PE - EV WD, Assistant District Engineer and Plant 150 Project Manager ■ Mike Henderson - EV WD, Water Production Superintendent ■ Sava Nedic, PE - CDM, Plant 150 Design Project Manager William Schwartz, PE of Envirogen attended the bid opening as a bidder representative, The bids for the Plant 150 ]on Exchange System Goods and Special Services were as follows. ■ Tonka Company: $2,530,000 ■ Envirogen Technologies: $2,350,000 ■ Calgon Carbon Corporation: $2,269,605 The following daily rates for the field services were offered by the three bidders: ■ Tonka Company: $850/ day, plus expenses • Envirogen Technologies: $850/ day for field service technicians and $975/ day for engineers ■ Calgon Carbon Corporation: $1,200/ day, plus expenses Evaluation of Received Bids A comprehensive evaluation of the received bids has been conducted by CDM's Proposal Review Team from September 8 through October 4, 2010. Results of this evaluation are presented in Table 2- Exhibit A attached to tlus Memorandum and summarized as follows: 1. All bids met bidding requirements and are considered acceptable bids 2. All three bidders complied with requirements to use one Df the two pilot tested proven resins 3. The apparent low bid was the bid submitted by the Calgon Carbon Corporation 4. Within the past 5 years, Calgon Carbon Corporation has supplied three to four IX systems for Perchlorate removal in Southern California similar in size and design to the Plant 150 project 5. The other two bidders did not offer experience comparable to Calgon for Plant 150 Bid Exceptions and Clarifications Calgon Carbon Corporation and Envirogen Technologies encompassed their bids with "Clarifications/ Exceptions to the Contract Documents" and "Exceptions to the Contract Documents ", respectively. These documents are attached as Exhibits B and C to this memorandum. A detailed review of these documents revealed that: 1. The comments presented by the two manufacturers are mainly related to the legal language to the bid proposal Contract Documents. 2. None of the comments are related to the scope of procurement, neither to the quality or any other technical provisions of the Bid Documents. 3. Some of the listed comrents and exceptions required a legal review and had a potential of changing the offered price due to the bid required warranties and liabilities, but none of them was considered to be outside of reasonable and negotiable contract terns. Therefore, it was recommended not to count these exceptions against the bidder proposed prices and to consider the submitted exceptions as starting points for the contract negotiations. The District had the right to stop negotiations in case the selected bidder comes to unacceptable contract terms. Bidders References A check on the bidder's references confirmed Calgon Carbon Corporation's comrnitment to their projects during construction and startup activities, as well as for an extended time period after the project commissioning. Post Bid Negotiations with Calgon Carbon Corporation The Calgon Carbon Corporation bid associated "Clarifications/ Exceptions to the Contract Documents" has been reviewed by the District's legal counsel, and all but spelling and grammar corrections to the Contract Documents have been rejected. In the follow up discussions between the DISTRICT and Calgon Carbon Corporation conducted through the month of December 2010, the Calgon Carbon Corporation dropped all comments and exceptions and accepted to enter into an Agreement with the District to provide the IXSS goods and services for Plant P 150 under the terms and conditions as defined in the IFP and associated addenda for the price of $2,269,605 as proposed in their original bid. Recommendations The CDM Proposal Review Team recommends to the District to select the bid received from the Calgon Carbon Corporation as the lowest, responsive, responsible bid for the IXSS for the Plant 150 project. 0 c m O �i N r H � x g x e E €Y € f €g Sg tj 5 FF y fi• G 'FP 5 F 8 6 d > s yyyy55 55 [ 55 5 [ - cs x Lii Q� u" I I c F y E.$ H EXHIBIT B Calgon Carbon Corporation Clarifications/Exceptions to the Contract Documents CaIgg/ rbon Exhibit B ✓ Making Water and Air Safer and Cleaner September 5, 2010 Cierifications /Exception to the Contract Documents for the EVWD Plant 150 RFQ CCC Proposal Number P -IX -10105 This Bid is conditioned upon the mutually acceptable resolution of the exceptions to Bid documents noted herein and made a part of this proposal. We therefore respectfully ask for your consideration of the following: 00500 Provisions of the Goods and Special Services Agreement 1. Section 5.1.8.1 — Please consider modifying the last sentence of this Section and restated to read as follows: "it Is understood that the foregoing limitation is a subset of and not in addition to the limitation of liability set forth in Paragraph 6.1 of Article 6 of this Agreement." [PLEASE NOTE THAT THE ORIGINAL LANGUAGE REFERENCED A CAP ON LIABILITY CONTAINED IN SECTION 11.9, HOWEVER THE AGREEMENT DID NOT CONTAIN A SECTION 11.9.1 2. Section 5.1.6.1 — Please consider modifying the last sentence of this Section and restated to read as follows: "It is understood that the foregoing limitation is a subset of and not in addition to the limitation of liability set forth in Paragraph 6.1 of Article 6 of this Agreement." [PLEASE NOTE THAT THE ORIGINAL LANGUAGE REFERENCED A CAP ON LIABILITY CONTAINED IN SECTION 11.9, HOWEVER THE AGREEMENT DID NOT CONTAIN A SECTION 11.9.1 Cal con Carbon Core oration - 400 Capon Carbon Drwt , Pittsburgh, PA 15205 412 "8 r 6700 - "w.caigonaarban.cam "ARTICLE 6. LIABILITY 6.1 Notwithstanding anything to the contrary contained herein, the liability of IXSS under this Agreement (whether by reason of breach of contract, tort, indemnification, liquidated damages or otherwise) shall not exceed an amount equal to the Contract price. In no event shall IXSS be liable under or in connection with this Agreement or the work contemplated hereby for any indirect, special, consequential, incidental, exemplary or punitive damages (Including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of data, loss of profits or loss of goodwill), regardless of whether IXSS has been informed of the possibility of such damages." 00520 Special Engineering Services Agreement Section 8.1 — Please consider adding to the end thereof to read as follows: "It Is understood that the foregoing limitation Is a subset of and not in addition to the limitation of liability set forth in Paragraph 13,1 of Article 13 of this Agreement, 2. A new Article 13 should be Inserted at the end of this Agreement to read as follows: Could not find liability language as referenced. "ARTICLE 13. LIABILITY 13.1 Notwithstanding anything to the contrary contained herein, the liability of IXSS under this Agreement (whether by reason of breach of contract, tort, indemnification, liquidated damages or otherwise) shall not exceed an amount equal to the Contract price. In no event shall IXSS be liable under or in connection with this Agreement or the work contemplated hereby for any indirect, special, consequential, incidental, exemplary or punitive damages (Including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of data, loss of profits or loss of goodwill), regardless of whether IXSS has been Informed of the possibility of such damages." Canton Carbon Corporation - 400 Calton Ceib6n Drive • Pillsburgh. PA 15205 • 412.787.6700 - W".c al[oncarbon.com 00700 Procurement General Conditions 1. Article 1 - Please consider adding to the end of the definition of "Procurement Agreement" to read as follows: "Procurement Agreement may also be referred to herein as the "Goods and Special Services Agreement ", the "Provisions of the Goods and Special Services Agreement" or the Goods and Services Agreement "." 2. Section 3.2 - Please consider the following: The "." should be deleted after the "Procurement Documents." at the end of the second line; and the "." should be deleted after the "a." in the third line. 3. Section 9.7 - Please consider deleting This Section In Its entirety. (if Engineer makes recommendation and is followed then Engineer is not liable' 4. Section 12.3 - Please consider adding the following provisions to the end of the last sentence of this Section to read as follows: "not otherwise excused hereunder." 5. Section 14.4 - Please consider modifying the first sentence of this section and restated In Its entirety to read as follows: "Where CONTRACTOR's services have been so terminated by OWNER, the transaction will not affect any right and remedies of OWNER against CONTRACTOR or CONTRACTOR against OWNER then existing or which may thereafter accrue. ( comment: this suggestion makes it equal for both parties) 00800 Supplementary Conditions f. Section 4.4.C.4 - Please consider modifying This Sw%on and restated to read as follows: "4. Include contractual liability Insurance covering the CONTRACTOR's indemnity obligations." Calgon Carbon Corporation 400 Calgon Carbon Drive PM001611, PA 15206 i 7E 7.6700 www.calgoncarbon.coni Section 5.6 — Please consider modifying This Section restated to read as follows: "Notice of OWNER's acceptance of delivery or deficiencies will be provided to IXSS. if IXSS does not receive notice of acceptance or deficiencies within 20 days of shipment, such failure to provide notice to IXSS shall constitute acceptance of the delivered Goods." Section 7.7.A.2 — Please consider modifying This Section and restated to read as follows: "2. That all materials meet the specifications In the Procurement Documents and meet the requirements for fabrication, shipping, handling, storage, assembly, and installation pertaining to the furnishing of Goods or Special Services." 4. Section 7.12 -- Please consider adding The following to the end of the first sentence to read as follows: "or if such dispute arises out of the OWNER's failure to pay any sums then due and not subject to a good faith dispute." 7. Section 7.13 — Please consider adding to the end of the first sentence to read as follows: ", all subject to reasonable confidentiality restrictions and safety requirements Imposed by CONTRACTOR at the time any access Is sought." 8. Section 7.14.A — We suggest this Section should be amended and restated to read as follows: "IXSS shall defend, indemnify and hold OWNER, Including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney's fees, awards, fines,. settlements, judgments or losses of whatever nature, character, and description, with respect to and arising out of the work to be performed under this Agreement, for death or bodily injury to one or more persons, Including the employees of IXSS, or Injury to real property, caused by, C.ilgon Carbon Corpouiion - 400 Ceigoo Carbon Drive - Pittsburgh, PA 15205 - 412.787.6700 - www.uryonurbon,com or arising out of, any alleged or actual breach of IXSS's obligations under the Procurement Documents or the negligent act or omission of IXSS, regardless of whether such negligent act or omission is active or passive, by IXSS or any of IXSS's subcontractors, Including their respective directors, offi:ers, employees, agents and assigns. Such indemnification obligations shall be limited to the extent of the negligence or willful misconduct of IXSS or any of IXSS's subcontractors, determined in accordance with the principles of comparative fault. 9. Section 7.14.0 — Please consider deleting his Sectior in its entirety because it is covered in 7.14A 10. Section 7.17.A — We suggest amending by deleting 'seven (7) and replacing it with "three (3)" and further amended by adding the following lanc:!age to the end thereof to read as follows: "Notwithstanding anything herein to the contrary, any such audit shall be limited to the financial records of CONTRACTOR specifically related to this transaction, and shall only be conducted by an independent accounting firm acceptable to both parties, and if the parties cannot agree on the auditor, then only by of one of the "Big- Four" accounting firms. The auditor shall be specifically excluded from reviewing any materials related to the cost of CONTRACTOR to procure any materials related to the Goods or services provided hereunder. Any such audit shall be subject to reasonable confidentiality restrictions Imposed by CONTRACTOR at the time of such audit." 11. Section 7.19.A -- Please consider adding to the end of this Section to read as follows: "CONTRACTOR shall be under no obligations to disclose any information related to the cost of CONTRACTOR to procure any materials related to the Goods or services provided hereunder, 12. Section 7.20.A - In the first sentence of this Section the word "ENGINEER" should be replaced with "CONTRACTOR ". 13. Section 8,6.A — Please consider adding to the end of '.his Section to read as follows: "Any such inspection shall be subject to reasonable confidentiality restrictions and safety requirements imposed by CONTRACTOR at the time of such inspection." 14. Section 8.73 — Please consider deleting the word "or" from the first line of this Section. Carson Carbon Corporation 40n Cslgon Carbon Driao Pittsburgh, PA 15205 - 412.'97 C700 www.calgoitcafbon.com 15. Section 8.7.E.2 — Pleases consider amending the last sentence of this Section should be amended and restated to read as follows: "In accordance with Article 6 of the Goods and Special Services Agreement, IXSS's total liability due to the OWNER shall not exceed the amount of the Contract Price." 16. Section 8.8.A — Please consider the following, The phrase 'one (1) year after the date of the Notice of Substantial Completion" should be replaced with "one (1) year after the date of the Notice of Substantial Completion or eighteen (18) months after delivery, whichever occurs first'. (THIS CHANGE IS CONSISTENT WITH THE WARRANTY PROVISIONS UNDER 01740 - WARRANTIES.] 17. Section 9.5 — Please consider modifying the second sentence of this Section and restated in Its entirety to read as follows: "ENGINEER'S written decision on such Claim, or dispute, or other matter will be final and binding upon OWNER and IXSS unless an appeal from ENGINEER's decision is made thereafter in accordance with applicable law." (THIS CHANGE IS NECESSITATED BY THE DELETION OF SECTION 15 DEALING WITH DISPUTE RESOLUTION.] 18. Section 10.6 — Please consider modifying this Section by deleting the reference to "10" and replacing it with a reference to "16" and deleting the reference to "30" and replacing it with a reference to 645 ". tTHIS CHANGE IS CONSISTENT WITH OTHER PROVISIONS OF THE AGREEMENT RELATED TO NOTICE PROVISIONS WITH RESPECT TO CHANGES TO CONTRACT PRICE OR CONTRACT TIMES.] 19. Article 13., Please consider modifying Section F - this Section F, should be re- lettered to "E ", as the Section goes from "D" to "F ". Also, this entire section should be in all caps to read as follows: "F. THE WARRANTIES SET FORTH IN ARTICLE 13 OF THESE SUPPLEMENTARY CONDITIONS, AND IN ARTICLE 1.03 AND 1.04 OF SECTION 01740 OF THE CONTRACT DOCUMENTS, ARE IXSS'S SOLE AND EXCLUSIVE WARRANTIES. IXSS MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING BY CUSTOM OR TRADE USAGE. calaon ca ban Corporation • 400 Calaon Carbon Drive , Phlsburah, PA 15205 - 412,187.6700 - wwsv.oalgoaurbon.00m 20. Section 14.73.2.b — Please consider modifying this Section to add the following to the end thereof to read as follows: "and such proceeding remains eitheruucontested for fifteen (1 5) days or undlslmssed or unstayed and in effect fbr a period of sixty (60) (lays." 01740 Warranties 1. Section 1.03.A.2 -This is very broad and open -ended performance warranty. We respectfully request this to be more narrowly defined with reference to specific specifications sections and should contain applicable assumptions and qualifications with respect to flow rates, loading rates and surface contact rates. Section 1.03.6.1 — Suggested bed life warranty language. Bed Life Warranty Shortfall due to porchlorate leakage above 4 ppb of treated water With the following conditions, 1) resin shall not have fouling caused by precipitation from the raw water; 2) resin beds shall not have build up of suspended solids from raw water, 3) system shall be operated within parameters as set forth in the O&M; 4) WQ shall remain within the parameters as set forth in the RFQ. Remedies for warranty usage will be provided in the form of future goods and services.. Remedies will be linearly prorated based on the volume of water Treated. (i.e. if bed life warranty is 100 acre feet for the lead bed, but only 90 acre feet (or 90 %) are processed before changeout is required , then the cost for the changeout will only be 90% of the changeout cost.) Bed Life Warranty Shortfall due to high pressure drop With the following conditions, 1) resin shall not have fouling caused by precipitation from the raw water; 2) resin beds shall not have build up of suspended solids from raw water. Remedies for warranty usage will be provided in the form of future goods an([ services, Remedies will be linearly prorated based on the volume of wa(cr treated (i.e. if bed life warranty is 100 acre feet for the lead bed, but only 90 acre feet (ar 90 %) are processed before changeout is required, then the cost for the changeout will only be 90% of the changeout cost. Calgon Carbon CorDOrallon 40C Calgon Carbon Drive Pillabmgh, PA 15205 - 41 7 3 87 6700 www.calgontafbon.coni Exhibit C East Valley Water District Plant '150Ion Exchange System for Perchlorate Removal Facilities Layout The proposed design and integration into CDM facility layout drawings are shown in Appendix G. This design mirrors the design shown by CDM and will meet all the dimensional requirements. Additional details will be provided under the Saeciai Engineering Services portion of this propcsa! Exceptions to Contract Documents Envirogen submits its response to this IFP subject to negotiation Wth EVWD regarding the following additions, supplementation and exceptions to the Procurement General Conditions (Section 00500) and Supplementary Conditions (Section 00800) and mutual agreement as to contract language modifications regarding the same, Whenever terms are used to described actions by either the Owner or Engineers such as "as ordered", 'as directed', "as required", 'as allowed', "as approved ", or terms of like effect or import are used, or the adjectives/nouns/verbs such as "acceptable ", 'proper', 'satisfactory", .satisfaction', 'necessary", "determine*, 'opinions', "verify" or words of like effect or import are used to describe requirement, direction, review or judgment of the Engineer or Owner, It is intended that such requirement, direction, review or judgment will be modified by the term "reasonable'. The use of any such term, verb, noun or adjective should never indicate that Engineer or Owner have any final determination which is not reviewable by Courts as to reasonacleness. In Section 6.8.2, it should be made clear that only those claims which are known are being limited, Indemnification (7.14(A),(C)j should be based on negligence, Wilful misconduct and breach of contract. it must be mutual and comparative. Section 7.4(D) should be deleted. For purposes of indemnification, Owner should be liable for the acts and omissions of the Engineer. Section 9.4 should be modified to clarify that the adjective "initial' modified both Engineer's interpretation and judgment. Specifically, any decislon of the Engineer under either Section 9.4 or 9.5 is advisory - not binding. Generally, in no event shall Engineer's decisions or judgments uncer the agreement be binding on either party even if the language suggests that the Engineer is the "sole judge'. Any attempt In the general conditions to limit the time within which Envirogen may enforce a contract right to a period of time less than that afforded under California's laws and regulations governing statues of limitations should be removed. Thus, as an examole, under Section 11.2 the 15 -day limitation would not be applicable. Anything in the contract documents to the contrary notwithstanding, neither party should be liable for indirect or consequential damages. (See for example Section 13.8.) Venue for all the determination of any dispute which is not mutually resolved by the parties should be with the Superior Court for the County of San Bernardino. Engineer shall not be considered a third -party beneficiary of the agreement between Owner and Envlrogen for any reason. In any litigation, the prevailing party shall be awarded its attorney's tees and other costs of suit. There should be included within the general conditions a provision crotecting the parties against force majeure events. 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Adv. Committee meeting. 7 -Dec * Dr. Mathis Meeting with Dr. Mathis in Rancho Cucamonga 8 -Dec *SBACC San Bernardino Chamber of Commerce Koffee Klatch 8 -Dec EVWD ERNIE Meeting at EVWD 10 -Dec *SBVMWD District tour. 11 -Dec *EVWD District Annual Employee's Awards 13 -Dec *CSDA CA Special Districts Association meeting. 17 -Dec *EVWD JPA Ad Hoc Committee Meeting TOTAL # OF MEETINGS 10@ $175.00 each $ 1750.00 Travel Expenses: (Details on Back) $ 21.00 Total Director's Meetings & Expenses $ 1771.00 Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 1771.00 TRAVEL EXPENSES Lodgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT TOTAL LODGING $ Personal Auto: (Detailed receipts attached *) PARKING DATE FUNCTION ATTENDED MILES FEES 7 -Dec Meeting with Dr. Mathis in Rancho Cucamonga 42 $ $ TOTALFEES $ CURRENT RATE: $0.50 TOTAL MILES 42 $ 21.00 Meals: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT TOTAL MEALS $ Other: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT TOTAL OTHER $ * ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ 21 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Matt Le Vesque MONTH Devember, , 2010 Board Meetings Dec. 14, Dec. 28 Conferences and Other Meetings DATE 1 -Dec 2 -Dec 7 -Dec 8 -Dec 10 -Dec 13 -Dec 16 -Dec 20 -Dec 21 -Dec 22 -Dec. ORGANIZATION PURPOSE ACWA Meetings /Exhibit Vendors ACWA Discussion Panel re. GM Comp. Inland Action Highland Chamber Valley District ASBCSD SB Chamber Highland Chamber SBVMWD Inland Water Works Travel Expenses: (Details on Back) Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes Reaular Meetin Joint Dinner w/ Mentone Facilities Tour Monthly Meeting - SAS Chamber Open House Chamber Open House Regular Meeting Hydrant/Fountain TOTAL # OF MEETINGS 9 @ $175.00 each $ 1575.00 $ 133.93 Total Director's Meetings & Expenses $ 1708.93 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 1708.93 TRAVEL EXPENSES Lodgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED 2 -Dec ACWA — AMOUNT R TOTAL LODGING $ PARKING MILES FEES 142 $ TOTAL FEES $ CURRENT RATE: $0.50 TOTAL MILES 142 $ Meals: (Detailed receipts attached *) DATE FUNCTION ATTENDED 71.00 AMOUNT 2 -Dec ACWA $ 27.93 13 -Dec ASBCSD $ 35 TOTAL MEALS $ 62.93 Other: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT TOTAL OTHER $ ` ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ 133.93 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: _Morales MONTH December 2010 Board Meetings: 14, 28 Conferences and Other Meetings DATE ORGANIZATION 12 -02 CA State Legislature 12 -03 SB City Council_ 12 -15 EVWD 12 -16 H101and_Chamber 12 -17 %MD 11 -03 I rMD Travel Expenses: (Details on Director's Signature Date of Board Approval EVWD Ew DEC 2010.dw PURPOSE Senator Dutton (ESRI) Proposition 218 (SB City proposed sewer rate increase) SB City Sewer JPA Review (General Manager) 'Business Open Event �_JP "tRlrlew- Ad Hoc Committee _ P ej+Co*tt — t ... Policy Comm, iitee (oversight, not included on 11/2010 report) _ TOTAL # OF MEETINGS 9_ @ $175.00 each $1,575.00__ Total Director's Expenses $20.00 Total Director's Meetings & Expenses $1,595.00__ Less any Advance Payments TOTAL DUE DIRECTOR $1,595.00 TRAVEL EXPENSES Lodgings: (Detailed receipts attached') DATE FUNCTION ATTENDED TOTAL LODGING $ Personal Auto: (Detailed receipts attached*) DATE FUNCTION ATTENDED MILES TOTAL MILES TOTALFEES x $.50 per mile AMOUNT PARKING FEES Meals: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT TOTAL MEALS Other: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT 12 -02 Dutton Event Registration $20.00 TOTAL OTHER $20.00 ' ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $20.00 (Enter this total on the front of form) DIRECTOR Board Meetings EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT Sturgeon MONTH Dec. ,2010 14 & 28 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 01 ACWA Conference 13 SBCSDA Meeting 14 City of Highland City Council Meeting 21 SBVMWD Meeting 20 EVWD Policy Committee 20 SBVMWD Meeting 23 SBVWMD Meeting Travel Expenses: (Details on Back) Director's Signature Date of Board Approval 01/11/11 Administrative Manager Miscellaneous Notes TOTAL # OF MEETINGS 6 @ $175.00 each $ 1,050. 00 $ 69.49 Total Director's Meetings & Expenses $ 1,119 . 4 9 Less Any Advance Payments $ TOTAL DUE DIRECTOR$ 1,119.49 TRAVEL EXPENSES Lodgings: (Detailed receipts attached -) DATE FUNCTION ATTENDED Personal Auto: (Detailed receipts attached') DATE FUNCTION ATTENDED CURRENT RATE: $0.50 TOTAL MILES Meals. (Detailed receipts attached -) DATE FUNCTION ATTENDED Reimburse o \ Z �v U AMOUNT TOTAL LODGING $ PARKING MILES FEES e TOTAL FEES $ $ AMOUNT $ 16.00 - $ TOTAL MEALS $ Other: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT 11/30 - 12/01 ACWA Gasoline $ 40.00 13/13 SBCSDA $ 37.00 11/03 Water Education Foundation Velcro for EVWD Booth $ 8.49 TOTAL OTHER $ 85.49 ' ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ 69.49 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Wilson Board Meetings 12/14; 12/28 Conferences and Other Meetings DATE ORGANIZATION 12/1 -12/2 ACWA 4 -Dec Ymca Highland Red Hat Soc 7 -Dec SBVMWD 9 -Dec USAWRA 10 -Dec SCVMWD 20 -Dec Highland COC 22 -Dec EVWD Travel Expenses: (Details on Back) Director's Signature l 0 Date of Board Approval Administrative Manager Miscellaneous Notes MONTH Dec 2010 PURPOSE Fall Conference Childrens' Christmas Parade Board Mt Monthly Mtg. Facilties Briefing & Tour Monthly Luncheon Draft Audit Review TOTAL # OF MEETINGS 10@? $175.00 each $ 1750.00 $ 772.00 Total Director's Meetings & Expenses $ 2522.00 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 2522.00 TRAVEL EXPENSES Lodgings: (Detailed receipts attached`) DATE FUNCTION ATTENDED AMOUNT 0_no, ACWA Conference $ 722 TOTAL LODGING $ 722.00 Personal Auto: (Detailed receipts attached') PARKING DATE FUNCTION ATTENDED MILES FEES 11/29 -12/2 ACWA Conference 100 $ TOTAL FEES $ CURRENT RATE: $0.50 TOTAL MILES 100 $ Meals: (Detailed receipts attached`) DATE FUNCTION ATTENDED AMOUNT TOTAL MEALS $ Other: (Detailed receipts attached -) DATE FUNCTION ATTENDED AMOUNT $ $ TOTAL OTHER $ *ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ 772 East Valley Water District Highland, California Annual Financial Report For the fiscal year ended June 30, 2010 East Valley Water District Annual Financial Report For the year ending June 30, 2010 Table of Contents History and Organization 1 Independent Auditors' Report 2 Management's Discussion and Analysis 3 Financial Statements: Statements of Net Assets 11 Statements of Revenues, Expenses and Changes in Net Assets 13 Statements of Cash Flows 15 Notes to the Financial Statements 17 Auditors' Report on Supplementary Information 35 Supplementary Information: Schedule One - Water Department 36 Schedule Two - Sewer Department 41 Schedule Three - Schedule of Capital Assets 44 Schedule Four - Schedule of Changes in Capital Assets 47 Schedule Five - Unredeemed Bond Coupons 50 Schedule Six - Principal and Interest Repayment Schedules 51 Statement of Net Assets Comments 55 Water Operations 60 Sewer Operations 61 -1- East Valley Water District History and Organization For the year ending June 30, 2010 Formation of the District The Board of Supervisors of San Bernardino County approved a petition in writing for the formation of the East Valley Water District (formerly, East San Bernardino County Water District) under Division 12 of the Water Code of the State of California and ordered an election held January 12, 1954. The formation of the District was voted by the electors. The Board of Supervisors of San Bernardino County, by action on January 18, 1954, approved the formation of the District. Incorporation of the "East Valley Water District" was approved by the State of California on February 1, 1954. Formation of the Public Facilities Corporation The East Valley Public Facilities Corporation was incorporated October 1986, pursuant to the nonprofit public benefit corporation law of the State of California to provide financial assistance to the District by acquiring and constructing various public improvements, and by acquiring land and related facilities for the use, benefit and enjoyment of the public. Nature of Business The District has been engaged in the furnishing of water service and sewage transmission services to its customers since inception. Location The District has temporarily relocated its office to 3654 East Highland Avenue. The office is situated within the District's boundaries which encompass an area of approximately 25 square miles within the County of San Bernardino, California. Directors WATER DISTRICT PUBLIC FACILITIES CORPORATION George E. "Skip" Wilson President Kip E. Sturgeon President Kip E. Sturgeon Vice-President George E. "Skip" Wilson 1st Vice-President Matt Le Vesque Director Matt Le Vesque 2nd Vice-President James Morales, Jr. Director Robert E. Martin Secretary Larry Malmberg Director Brian W. Tompkins Treasurer Mangement Robert E. Martin General Manager/Secretary Brian W. Tompkins Chief Financial Officer/Treasurer Professional Consultants General Counsel for the District is the firm of Brunick, McElhaney & Beckett. EAST VALLEY WATER DISTRICT MANAGEMENT’S DISCUSSION AND ANALYSIS -4- The decrease in total assets was primarily in two asset categories: restricted assets and capital assets. Restricted cash balances fell as 1) restricted project fund cash was depleted to continue progress on the design of treatment plan upgrades on the District’s plant 134, and 2) a sinking fund for the repayment of 1996 COPs was no longer needed when the 1996 COPs were retired in December 2009. The decrease in capital assets is the result of depreciation expense for the year exceeding capital spending. With the exception of design and ongoing GIS implementation, capital spending was substantially deferred while the District staff worked to finalize low-interest loans and grants from the State of California's Department of Water Resources, as well as issue bonds. Condensed Statement of Net Assets (in millions) 6/30/10 6/30/09 Current Assets 8.8 9.1 Restricted Assets 2.3 3.5 Capital Assets-Net 112.6 113.6 Other Assets .2 .3 Total Assets 123.9 126.5 Current Liabilities 5.3 6.1 Curr Liab Payable from Restricted Assets 1.8 1.8 Long-Term Debt 17.8 19.1 Total Liabilities 24.9 27.0 Net Assets Invested in Capital Assets 93.4 93.4 Unrestricted 5.6 6.1 Total Net Assets 99.0 99.5 Current assets also decreased by $340 thousand as reimbursements related to a large, externally funded pipeline were collected and also inventory levels were allowed to fall. At the same time, current liabilities fell $840 thousand, due primarily to refunding of debt and, as a result, the current ratio at June 30, 2010 is 1.66:1 compared to 1.49:1 at the end of the previous fiscal year. The District’s Net Assets totaled $99.0 million at the end of fiscal year 2010, a $400 thousand (4%) decrease from net assets at the end of the previous fiscal year. The decrease in Net Assets consisted of operating income of $400 thousand, net non-operating expenses of $900 thousand, and net contributions of cash from developers of $100 thousand. $93.3 million of the $99.0 million (94.3%) in Net Assets at June 30, 2010 was invested in capital assets with the remaining $5.7 million classified as unrestricted. The District Board of Directors has designated $2.1 of the $5.7 million in Unrestricted Net Assets as an emergency reserve that can only be spent with authorization from the Board. The decrease in net assets of $400 thousand was offset by a greater decrease in liabilities, allowing the District’s debt to equity ratio to improve from 27.2% to 25.1%. Activities and Changes In Net Assets Water Operations The following discussion of water revenues involves analysis after the effect of a prior period adjustment to previously reported water sales as explained in Note 11 to the financial statements. East Valley Water District produced and sold 19,803 acre-feet of water during the 2009- 2010 fiscal year, 1,579 acre feet (7.4%) fewer than in the prior year. This significant decrease in volume of water sold, offset by the effect of a full year of rate increase that became effective in December 2008, resulted in substantially no change in sales (.02% increase) which remained at $11.6 million. Total water operating revenues were $15.2 million, down (0.6%) from $15.3 million in the previous fiscal year. Factors affecting the drop in water sold include the unstable economy, which caused some customers to implement self- imposed conservation, and above-average rainfall during the 12 months ended June 30, EAST VALLEY WATER DISTRICT MANAGEMENT’S DISCUSSION AND ANALYSIS -5- 2010. Between July 2009 and June 2010, rainfall for the area was 17.71 inches, compared to the period July 2008 to June 2009, during which rainfall was only 10.56 inches, a 40% increase between years. Average rainfall for the District’s service area is approximately 16 inches per year. Monthly meter charges, which were also affected by the 2008 rate increase, rose 3.8% to $3.2 million, helping to stabilize water operating revenue and limit the decrease in total water operating revenue to (0.6%). Water department operating costs, before general and administrative expenses, rose 4.9% to $7.3 million. After administrative and general costs of $4.6 million, and depreciation of $2.7 million, water department operating income was $.6 million. Various factors affected increased water department operating costs in 2009-2010. The most significant were in the Production cost centers of Source of Supply and Treatment. Source of supply cost increases were related to District efforts to supplement future water supplies. First, the District budgeted a purchase of State Water Project water for basin replenishment that had been made available at a very low cost per acre- foot. In addition, assessments on shares of stock the District holds in North Fork Water Company were higher than expected as the company accelerated the start date on a pipeline replacement project. Contracted water treatment costs utilizing mobile treatment units rose 5% to $990 thousand in fiscal year 2009-10. Different factors affected the change from the previous year. First, the per acre-foot charges for water treated by leased treatment units rose to $486.34 due to scheduled inflationary adjustments. The affect of this adjustment was limited, however, by activation of two additional treatment units at the District’s Plant 40. The new units, one for treatment of uranium and the other for nitrates, were purchased rather than leased, and are therefore subject to a lower per acre-foot charge designed to cover the costs of consumables as outlined in water service agreements. In 2009-10 the District treated 562.0 acre-feet of water with the uranium unit at a cost of $125 and 480.6 acre-feet of water for nitrates at a cost of $289 per AF. Combined costs paid to operate the two units in 2009-10 was $209 thousand. Water Dept. Operating Revenue versus Expenses 11,000,000 12,000,000 13,000,000 14,000,000 15,000,000 16,000,000 2007 2008 2009 2010 Revenue Expenses Sewer Operations Sewer operating revenues consist of System charges and Treatment Charges. System charge rates are set by the District to cover the cost of maintaining the District’s wastewater collection system and to cover a portion of administrative and general expenses. Treatment charge rates are established by the City of San Bernardino Water Department, which treats the wastewater produced by the District’s customers – the District has no sewer treatment facilities. All sewer treatment revenues collected by the District are directly offset by payments to the City of San Bernardino Water Department; therefore, sewer treatment has no net effect on the District’s operating results. Sewer operating revenues remained substantially the same at $9.2 million (0.2% decrease) when compared to the prior fiscal year. Sewer system charges increased 3.0% to $3.5 million, due primarily to an increase in the District’s sewer system rates EAST VALLEY WATER DISTRICT MANAGEMENT’S DISCUSSION AND ANALYSIS -6- in December 2008. This increase, however, was offset by a decrease in Other Sewer Charges. The decrease is the result of a change in allocation of collection charges, such as delinquent fees and disconnection charges. These charges are now substantially all allocated to the Water Department as Water maintains all utility receivables and the related responsibility for their collection. Decreased water consumption by commercial customers had a slight effect counter to the rate increase as these customers are billed for their use of the sewer system based on units of water used and water usage. Sewer department operating costs consist of wastewater collection line maintenance, treatment charges paid to the City of San Bernardino Water Department and customer account maintenance. During 2009-10, these costs increased 4.2% to $6.6 million. After administrative and general costs of $2.2 million, and depreciation of $0.6 million, the sewer department operating loss was $0.2 million. Collection line maintenance increased by 7% as the District began performing spot repairs on broken sewer mains based on ongoing video inspections of sewer mains in accordance with new mandates. As of June 30, 2010, about 55% of district sewer mains had been inspected and 33 repairs had been performed at an average cost of $5,000. Sewer Dept. Operating Revenue versus Expenses 8,000,000 8,500,000 9,000,000 9,500,000 2007 2008 2009 2010 Revenue Expenses Administrative and general costs increased 5.3% overall to $6.8 million. Significant changes in general and administrative costs included: 1) Year 3 (final year) of a phased implementation of an independent salary survey which resulted in significant increases for many salary classifications, and 2) Increased pension contributions due to increased wages. The District currently has a hiring freeze in order to help control administrative and general costs. Non-Operating Activities The District’s net non-operating expense of $919 thousand reflects a 5.6% decline in non-operating activity. This deficit was the result of a significant decrease in non- operating income offset by a lesser decrease in non-operating expenses. Investment earnings decreased as yields on investments continued to fall. The Apportionment rate paid by the California Local Agency Investment Fund fell by more than half, from 1.51% to 0.56% during the fiscal year, while the decrease in yields on Treasury and Agency bonds purchased for the District’s portfolio was very similar. Non-operating expenses fell primarily due to a decrease in interest expense. The District continued to make timely payments on long- term debt obligations, retiring one COP issue in December 2009, and as a result paid 10% less in interest during 2009-10. Condensed Statement of Revenue, Expenses and Changes in Net Assets (in millions) 6/30/10 6/30/09 Water Revenues 15.2 15.7 Water Oper. Exp.(14.6) (14.3) Sewer Services 9.2 9.1 Sewer Oper. Exp.(9.4) (8.7) EAST VALLEY WATER DISTRICT MANAGEMENT’S DISCUSSION AND ANALYSIS -7- Non Oper. Rev. .2 .4 Non Oper. Exp. (1.1)(1.2) Developer Contrib. .1 .8 Grant Funds -1.8 Water Co. Transfers -(.8) Change in Net Assets (.4)2.8 Capital Contributions and Transfers Developer fees fell to $97.5 thousand, just 25% of total fees collected in the prior year as developers slowed their work in progress during the economic downturn. Further, no facilities or water/sewer infrastructure, the result of housing tracts being installed by developers, were dedicated to the District during the 2009-10 fiscal year. Categories of Net Assets The District is required to present its net assets in three categories: Invested in Capital Assets, Restricted, and Unrestricted. Invested in Capital Assets At June 30, 2010, Invested in Capital Assets included Utility Plant in Service and Construction in Progress of $161.0 million, less Accumulated Depreciation of $48.4 million, for a net utility plant amount of $112.6 million. This amount is reduced by $19.4 million in Long-Term Debt, net of discounts and refunding deferrals of $0.2 million, to derive an Invested in Capital Assets balance of $93.4 million. Restricted The District had no restricted net assets at June 30, 2010. During the 2009-10 year the District did receive capacity fees of $97,503 that by law are restricted for use on plant expansion capital projects, or debt service on such projects. However, expenditures for these purposes exceeded the fees collected resulting in no Restricted Net Assets at year- end. Unrestricted EVWD had unrestricted Net Assets of $5.7 million at June 30, 2010. Of that amount, the board of directors has designated $2.1 million as an emergency reserve. Capital Assets The District spent approximately $3.5 million for expansion or replacement of property, plant, and equipment during 2009-2010. These amounts are reflected in Utility Plant, or as additions to Construction In Progress, in the accompanying financial statements. Following is a discussion of the facilities and equipment constructed and purchased. Placed In Service During the 2009-2010 fiscal year, District crew and contractors completed work on the following:  Plant 40 – installation of mobile Uranium and Nitrate treatment units  Plant 40 – complete rehabilitation of well and pumping equipment  Replacement of 3,140 feet of 8” mains serving residential areas Utility Plant in Service – June 30th (in millions) Department 2010 2009 Water Source of Supply 12.2 11.7 Pumping 8.5 8.5 Transmission & Distribution 77.4 76.6 Treatment 12.0 9.7 Wastewater Collection Lines 23.7 23.4 General Bldgs & Improv 1.3 1.2 Equipment 6.8 7.1 Total 141.9 138.2 EAST VALLEY WATER DISTRICT MANAGEMENT’S DISCUSSION AND ANALYSIS -8- Construction In Progress (CIP) Construction in progress decreased $11.0 million to $5.1 million between June 30, 2009 and June 30, 2010. With approximately 40 jobs in progress, additions to CIP totaled $2.7 million, while $13.7 million was transferred out. Approximately half of the costs removed from CIP were related to land purchased for future headquarters facilities, with the balance consisting of completed jobs that were either capitalized or expensed. More than 82% of costs in CIP at June 30, 2010 were incurred on 3 projects. These are:  Land acquisition, planning and design of Plant 150, a perchlorate treatment plant in the District’s lower pressure zone  Implementation of GIS – conversion of District facility maps to digital format  Design of the upgrade and expansion of the District’s surface water treatment plant (Plant 134) Construction on Plant 134 is expected to begin in December 2010. This project was made necessary by passage of new water regulations known as Stage 2 of the Disinfectant By-Product (DBP) Rule, which placed stricter limits on the DBPs discharged from Plant 134, the District's only surface water treatment plant. Studies performed by an independent engineering firm revealed that retrofitting the plant’s treatment technology would be required, with a membrane filtration system recommended. The deadline for compliance with new DBP Rule is October 2012. The District will also use the period of construction for the Plant 134 upgrade to increase the plant’s capacity from 4mgd to 8mgd. The additional plant capacity will improve supply to three of the District’s higher pressure zones. Estimated cost of the project is $13 million with up to $10.0 million reimbursable by grants and 0% interest loans – see discussion of long-term debt. Future Capital Improvements - Water The District’s ability to meet regulatory requirements and to meet increased demand on system capacity continue to be the driving forces by which District management develops long-term capital plans. Future water capacity challenges were addressed in the District’s Water Master Plan (WMP) update issued in January 2008. The primary challenge identified in the WMP is to transport water from wells in the District’s lower zone, where water is plentiful, to higher-pressure zones where it is expected large parcels of land will be developed, creating a demand for water that will exceed sources to those zones. Key facilities to be built over the next five years to implement phase one of interzone water transferability are:  Plant 150 – lower zone treatment plant construction  Pipelines connecting lower zone wells to Plant 150  Pipelines to complete a connection between Plant 150 and Plant 40 in the Intermediate pressure zone  Plant 40 boosters Future Capital Improvements - Wastewater As discussed above, the District is currently using video surveillance in order to inspect and assess all 250 miles of its wastewater collections lines in accordance with California State Water Resources Control Board order no. 2006-0003. Pipes identified as damaged, and at risk of sewer spills or seepage that can contaminate surface or ground waters, are being repaired in one of two ways: damage to a small section of pipe is repaired by replacing that section, while longer sections of damaged pipe are repaired with a liner. EAST VALLEY WATER DISTRICT MANAGEMENT’S DISCUSSION AND ANALYSIS -9- Pipelines that are assessed as undersized are further monitored for flows. If flow monitoring confirms a pipeline is nearing capacity, it is placed on a schedule for replacement. Very preliminary estimates of the costs for pipeline replacements over the next five to ten years range from $7 to $17 million. One project already identified will replace a 6” sewer main with 10” pipe to alleviate concerns that high flows will exceed capacity of the existing pipe. The project has an estimated cost of $485 thousand and expected to begin in December 2010. Long-Term Debt / Credit The District’s long-term debt consists of a 2001 series of Certificates of Participation (COPs), two privately placed Installment Sale Agreement (ISA) contracts with a bank, and a construction loan from the California Department of Water Resources. Outstanding balances as of June 30, 2010 were as follows: 2001 COPs $ 5,935,000 DWR Construction Loan 138,623 2004 Install Sale Agrmt 8,067,777 2006 Install Sale Agrmt 5,218,703 $ 19,360,103 The DWR loan is ultimately the obligation of property owners within the Arroyo Verde Assessment District, previously a small mutual water company operating within the District’s service area. All scheduled debt payments were timely made during the fiscal year. Outstanding Long-Term Debt June 30th - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 2007 2008 2009 2010 1996 COPs 2001 COPs 2004 ISA 2006 ISA On October 28th, 2010, the District issued 2010 Refunding Revenue Bonds in the amount of $33,545,000. Part of the proceeds from the bonds will be used to pay off the 2004 and 2006 ISAs and to refund the 2001 COPs. A summary amortization schedule and the sources and uses of funds related to the 2010 bond issue are included in Note 12 of these financial statements. Standard & Poors and Fitch rated the 2010 bonds at the time of issuance. Both agencies gave the bonds a rating of AA-. Dun & Bradstreet, based on audited financial statements and creditor input, also rates the District. The rating given by D&B is currently 5A1 accompanied by a financial condition assessment of ‘strong’, which is no change from previous years. The District is finalizing a California State Revolving Fund (SRF) loan, accompanied by a $3 million grant, to finance the Plant 134 technology upgrade. Similar funding has been applied for to assist the District with the construction of the Plant 150 treatment facility. To the extent these facilities are not financed through SRF loans and grants, the District can utilize proceeds from the 2010 Revenue Bonds. The District will utilize future rate increases and, if necessary, additional debt to complete these projects. New Regulation Water The District continues to monitor proposed regulations related to Radon, issued by the EPA in May 2000. Many water agencies have challenged some of the findings in the proposal, and the District is sponsoring proposed changes that would ease treatment requirements. Rate Increases In June 2010, an independent financial consulting firm completed updates to the District’s water and sewer rate studies. The study projected revenue requirements for EAST VALLEY WATER DISTRICT MANAGEMENT’S DISCUSSION AND ANALYSIS -10- fiscal years 2009-10 through 2019-20, and incorporated the District’s Capital Improvement Program, future operating costs adjusted for inflation, debt service expenses, and the funding of three reserves: the Operating Reserve, a Rate Stabilization Reserve, and a Replacement Reserve. On July 15th 2010, the District Board of Directors approved rate increases for both water and sewer, which will be phased in over a three-year period. Each phase will become effective on October 1st beginning in 2010. Contacting the District’s Financial Management This financial report is designed to give our customers / ratepayers and creditors and investors a general overview of the District’s finances, and to demonstrate the District’s accountability for money it receives, and stewardship over facilities it maintains. If you have questions about this report, or need additional information, contact the District’s Finance Department at 3654 E. Highland Ave, Suite 18, Highland, California 92346, or call (909) 381-6463. East Valley Water District Statements of Net Assets June 30, 2010 and 2009 For comparative purposes only 2010 2009 ASSETS Current assets: Cash in bank and on hand 1,261,247$ 847,475$ Investment in Local Agency Investment Fund 1,719,655 981,471 Investment in debt securities 3,058,255 3,417,633 Accounts receivable, net 1,365,802 1,493,576 Interest receivable 14,312 39,042 Other receivable 221,588 1,076,215 Inventory 975,477 1,111,816 Prepaid expenses 130,386 120,083 Total current assets 8,746,722 9,087,311 Restricted assets: Cash in bank and on hand 536,643 1,752,554 Investment in Local Agency Investment Fund 1,796,983 1,771,840 Total restricted assets 2,333,626 3,524,394 Non-current assets: Capital assets: Utility plant in service 141 906 849 138 213 633 The accompanying notes are an integral part of these financial statements. -11- Utility plant in service 141,906,849 138,213,633 Less: accumulated depreciation (48,381,430) (45,548,854) Utility plant in service, net of depreciation 93,525,419 92,664,779 Capital assets, not being depreciated 19,094,492 20,909,695 Total capital assets 112,619,911 113,574,474 Assessments receivable 83,188 106,906 Deferred charges 140,557 176,618 Total non-current assets 112,843,656 113,857,998 Total assets 123,924,004$ 126,469,703$ The accompanying notes are an integral part of these financial statements. -11- East Valley Water District Statements of Net Assets (Continued) June 30, 2010 and 2009 For comparative purposes only 2010 2009 LIABILITIES Current liabilities: Accounts payable - trade 1,904,463$ 1,897,482$ Accounts payable - other 281,720 839,468 Retentions payable 25,485 27,935 Accrued payroll and benefits 1,402,946 1,132,738 Accrued interest payable 236,486 250,850 Current portion of capital lease 9,545 - Current portion of long-term debt 1,417,158 1,968,695 Total current liabilities 5,277,803 6,117,168 Liabilities payable from restricted assets: Customer service deposits 1,659,933 1,646,990 Construction deposits 137,050 124,850 Total liabilities payable from restricted assets 1,796,983 1,771,840 Non-current liabilities: Long-term portion of capital lease 37,730 - Long-term portion of debt 17,973,206 19,394,355 Less: Deferred amount on refunding of certificates The accompanying notes are an integral part of these financial statements. -12- Less: Deferred amount on refunding of certificates of participation (198,138) (255,677) Total non-current liabilities 17,812,798 19,138,678 Total liabilities 24,887,584 27,027,686 NET ASSETS Invested in capital assets, net of related debt 93,380,410 93,342,590 Unrestricted 5,656,010 6,099,427 Total net assets 99,036,420$ 99,442,017$ The accompanying notes are an integral part of these financial statements. -12- East Valley Water District Statements of Revenues, Expenses and Changes in Net Assets For the years ended June 30, 2010 and 2009 For comparative purposes only 2010 2009 OPERATING REVENUES Water sales 11,638,234$ 11,635,946$ Water meter charges 3,215,189 3,096,902 Sewer charges 9,174,300 9,039,158 Other charges 399,336 763,245 Total operating revenues 24,427,059 24,535,251 OPERATING EXPENSES Water department: Source of supply 815,349 614,542 Pumping 2,971,681 2,961,179 Treatment 1,453,365 1,320,608 Transmission and distribution 1,586,237 1,413,698 Customer account 459,596 614,269 Total water department 7,286,228 6,924,296 Sewer department: Wastewater collection 474,244 443,934 Customer accounts 437,395 235,470 Sewer treatment 5,665,046 5,631,258 Total sewer department 6,576,685 6,310,662 Administrative and general 6,837,914 6,492,378 Operating expenses before depreciation 20,700,827 19,727,336 Depreciation 3,314,277 3,140,265 Total operating expenses 24,015,104 22,867,601 Operating income 411,955$ 1,667,650$ The accompanying notes are an integral part of these financial statements. -13- East Valley Water District Statements of Revenues, Expenses and Changes in Net Assets (Continued) For the years ended June 30, 2010 and 2009 For comparative purposes only 2010 2009 NONOPERATING REVENUES (EXPENSES) Investment income 61,192$ 235,826$ Other income 178,515 138,173 Loss on disposal of capital assets (133,412) (110,944) Interest expense (989,019) (1,094,926) Amortization (36,061) (37,956) Total nonoperating revenues (expenses) (918,785) (869,827) Income before contributions and transfers (506,830) 797,823 CONTRIBUTIONS AND TRANSFERS Utility plant dedicated - 381,182 Capacity charges 97,503 390,021 Grants 3,730 1,754,445 Capital contribution from mutual water company (North Fork) - 233,410 Transfer of capital asset (CIP) to mutual water company (North Fork) - (1,022,033) Total contributions and transfers 101,233 1,737,025 CHANGE IN NET ASSETS (405,597) 2,534,848 NET ASSETS - BEGINNING OF YEAR 99,442,017 96,907,169 NET ASSETS - END OF YEAR 99,036,420$ 99,442,017$ The accompanying notes are an integral part of these financial statements. -14- East Valley Water District Statements of Cash Flows For the years ended June 30, 2010 and 2009 For comparative purposes only 2010 2009 CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers 24,579,976$ 24,622,223$ Cash payments to employees for services (6,485,299) (5,886,242) Cash payments to suppliers for goods and services (14,484,833) (14,028,513) Other income received 1,123,034 143,521 Net cash provided by operating activities 4,732,878 4,850,989 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Grant funds received 3,730 1,736,474 Contributed capital 97,503 390,021 Principal paid on capital debt (1,977,292) (1,872,137) Interest paid on capital debt (949,519) (1,035,455) Acquisition and construction of capital assets (2,406,595) (7,997,968) Proceeds from retired assets - 4,182 Net expenditures paid to retire assets (30,975) - Net cash used for capital and related financing activities (5,263,148) (8,774,883) CASH FLOWS FROM INVESTING ACTIVITIES Interest received from investments 85,922 268,248 Acquisition of investments in debt securities (9,005,935) (2,611,213) Proceeds from sales of investments in debt securities 9,365,313 5,422,568 Loan collections from Arroyo Verde Assessment District property owners 46,158 20,679 Net cash provided by investing activities 491,458 3,100,282 NET DECREASE IN CASH (38,812) (823,612) CASH AT BEGINNING OF YEAR 5,353,340 6,176,952 CASH AT END OF YEAR 5,314,528$ 5,353,340$ The accompanying notes are an integral part of these financial statements. -15- East Valley Water District Statements of Cash Flows (Continued) For the years ended June 30, 2010 and 2009 For comparative purposes only 2010 2009 RECONCILIATION OF OPERATING (LOSS) INCOME TO NET CASH USED FOR OPERATING ACTIVITIES: Operating income 411,955$ 1,667,650$ Adjustments: Depreciation and amortization 3,314,277 3,140,265 Miscellaneous income 178,515 138,173 Change in assets and liabilities: (Increase) decrease in accounts receivable 127,774 38,453 (Increase) decrease in other receivables 944,519 5,348 (Increase) decrease in inventory 24,007 (91,107) (Increase) decrease in prepaid expenses (10,303) 70,746 Increase (decrease) in trade accounts payable (553,217) (420,988) Increase (decrease) in accrued salaries and vacation pay 270,208 253,930 Increase (decrease) in customer and other deposits 12,943 35,169 Increase (decrease) in developers' deposits 12,200 13,350 Net cash provided by operating activities 4,732,878$ 4,850,989$ CASH AT END OF YEAR Ending cash and cash equivalents are presented in the accompanying statements of net assets as follows: Current assets: Cash in bank and on hand 1,261,247$ 847,475$ Cash in Local Agency Investment Fund 1,719,655 981,471 2,980,902 1,828,946 Restricted cash in Local Agency Investment Fund Cash in bank and on hand 536,643 1,752,554 Cash in Local Agency Investment Fund 1,796,983 1,771,840 5,314,528$ 5,353,340$ NON-CASH INVESTING, CAPITAL AND NONCAPITAL FINANCING ACTIVITIES: Utility plant contributed by developers -$ 381,182$ Fair value adjustment to debt securities - (17,109) Transfer of capital asset (CIP) to North Fork (grant project) - 1,022,033 Capital contribution from North Fork (grant project) - 233,410 North Fork stock basis increase from EVWD share of capital contributions (grant project) - 188,992 Capital assets obtained through financing activities 55,556 - Transfer of inventory to vendor for replacement 112,332 - The accompanying notes are an integral part of these financial statements. -16- See Independent Auditors' Report -17- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 1: Nature of Organization and Summary of Accounting Policies East Valley Water District (the District) is a special district formed in 1954 as a result of an election by local residents who desired water service by a public water agency. Later, as the population increased, a modern sewer system was needed to replace the septic tanks used at the time. Citizens voted to give the District responsibility for that service. The District encompasses an area of approximately 25 square miles and provides water and sewer service to the City of Highland, parts of the City of San Bernardino and unincorporated parts of the County of San Bernardino, California. (a) Reporting entity The criteria used in determining the scope of the reporting entity are based on the provisions of Governmental Accounting Standards Board (GASB) Statement 14. The District is the primary government unit. The District is organized and existing under Division 12 of the water code of the State of California. The purposes of the District are to finance, construct, operate and maintain a water distribution and sewer collection system to serve properties within the District's boundaries. The East Valley Public Facilities Corporation (the Corporation) is a component unit. A component unit is an entity which is financially accountable to the primary government unit, either because the primary government unit appoints a voting majority of the component unit's board or because the component unit will provide a financial benefit or impose a financial burden on the primary government unit. The Corporation was incorporated October 1986, pursuant to the nonprofit public benefit corporation law of the State of California to provide financial assistance to the District by acquiring and constructing various public improvements, and by acquiring land and related facilities for the use, benefit and enjoyment of the public. The Corporation has been accounted for as a "blended" component unit of the District. Despite being legally separate, this entity is so intertwined with the District that it is, in substance, part of the District's operations. Accordingly, the balances and transactions of this component unit are reported within the financial records of the District. However, interagency transactions between the District and the Corporation have been eliminated for financial reporting purposes. The following specific criteria were used in determining that the Corporation was a blended component unit: The members of the Board of Directors and District management also act as the governing body of the Corporation. The Corporation is managed by employees of the District. (b) Basis of accounting and measurement focus The District uses the economic resources measurement focus and the accrual basis of accounting. Accordingly, revenues are recognized when they are earned and expenses are recorded when the liability is incurred, with the following exception: a portion of June water usage is not accrued, and is therefore not recognized as revenue until the following year; this is due to the large number of district services which require an almost continuous billing cycle. This exception is consistent with prior years. The District follows all applicable GASB pronouncements, and all Financial Accounting Standards Board (FASB) Statements and Interpretations, Accounting Principles Board (APB) Opinions and Accounting Research Bulletins (ARB) issued on or before November 30, 1989 unless they conflict with or contradict GASB pronouncements. The District applies only GASB pronouncements issued after November 30, 1989. See Independent Auditors' Report -18- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 1: Nature of Organization and Summary of Accounting Policies (continued) (b) Basis of accounting and measurement focus (continued) On July 1, 2000, the District adopted the provisions of GASB Statement No. 34, Basic Financial Statements – and Management’s Discussion and Analysis – for State and Local Governments. Statement 34 established standards for external financial reporting for all state and local governmental entities, which includes a statement of net assets, a statement of revenues, expenses and changes in net assets, and a statement of cash flows. It requires the classification of net assets into three components – invested in capital assets, net of related debt; restricted; and unrestricted. These classifications are defined as follows: Invested in capital assets, net of related debt – This component of net assets consists of capital assets, including restricted capital assets, net of accumulated depreciation reduced by the outstanding balances of any bonds, mortgages, notes, or other borrowings that are attributable to the acquisition, construction, or improvement of those assets. If there are significant unspent related debt proceeds at year-end, the portion of the debt attributable to the unspent proceeds are not included in the calculation of invested in capital assets, net of related debt. Rather, that portion of the debt is included in the same net assets component as the unspent proceeds. Restricted – This component of net assets consists of constraints placed on net asset use through external constraints imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments or constraints imposed by law through constitutional provisions or enabling legislation. Unrestricted net assets – This component of net assets consists of net assets that do not meet the definition of “restricted” or “invested in capital assets, net of related debt.” On July 1, 2000, the District also adopted the provisions of GASB Statement No. 33, Accounting and Financial Reporting for Nonexchange Transactions. This statement prescribes methods for recognizing revenue and related assets on transactions in which the District receives value without having to give equal value in exchange. Examples are grants, developer fees, and property taxes. (c) Implementation of new pronouncements Effective July 1, 2009, the District adopted a new accounting statement issued by the GASB: Statement No. 51, Accounting and Financial Reporting for Intangible Assets The objective of this statement is to establish accounting and financial reporting requirements for intangible assets to reduce inconsistencies, particularly in the areas of recognition, initial measurement and amortization, which have occurred in practice due to the absence of sufficiently specified authoritative guidance. By reducing inconsistencies, this statement enhances the comparability of the accounting and financial reporting of such assets among state and local governments. It also results in a more faithful representation of the service capacity of intangible assets, and therefore the financial position of governments, and of the periodic cost associated with the usage of such service capacity in governmental financial statements. (d) Comparative data Prior year data has been included where practical for comparison purposes only. The prior year data does not represent a complete presentation in accordance with generally accepted accounting principles. See Independent Auditors' Report -19- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 1: Nature of Organization and Summary of Accounting Policies (continued) (e) Inventory valuation Inventories are valued at cost using the average-cost method. (f) Capitalization and depreciation Assets purchased or constructed by the District are recorded at cost. Assets contributed to the District are recorded at estimated cost. The estimated cost, determined by the District's engineer, is the amount the District would have to pay for construction of comparable facilities. Depreciation is computed using the straight-line method over the estimated useful lives of the various assets. Water canals, water and sewer lines are depreciated over 25 to 50 years; office equipment and vehicles are depreciated over 5 years. Water stock and rights contributed to the District are recorded at the same value the District is currently paying for the purchase of similar stock. (g) Restricted assets Certain assets of the District are restricted in use by ordinance or debt covenant and accordingly are shown as restricted assets on the accompanying Statements of Net Assets. Unexpended COP proceeds are set aside for capital improvements, District deposits into COP trustee accounts are to be used for debt service, and utility deposits must be returned to the customers at their request after their account has been paid timely for 12 consecutive months, or when their account is closed. (h) Cash and equivalents For purposes of the statement of cash flows, cash represents demand deposits held in financial institutions or in cash management pools where funds can be added or withdrawn at any time without prior notice or penalty and cash equivalents are highly liquid investments with a maturity of three months or less from the date of purchase. (i) Investments The District has adopted the provisions for GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and External Pools (GASB 31), which require governmental entities to report certain investments at fair value in the statement of net assets and recognize the corresponding change in the fair value of investments in the year in which the change occurred. In accordance with GASB 31, the District has adjusted certain investments to fair value. Investments are included within the financial statement classifications of Investment in Local Agency Investment Fund and Investment in debt securities. (j) Accrued vacation and sick leave The District has a policy whereby an employee can accumulate unused sick leave and vacation. Sick leave is to be used for extended periods of sickness; however, upon termination or retirement, a portion will be paid as additional benefits to the employee. At retirement or termination, employees who have accumulated over ten years of service will be paid between 40% to 70% of their unused sick leave (based upon their balance of unused sick leave) at their regular payroll rates in effect at the date of termination. Also, employees that obtain 196 unused sick hours can cash out 40 hours at their discretion. The District has provided for these future costs by accruing a range of the earned and unused sick leave and 100% of the earned and unused vacation. See Independent Auditors' Report -20- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 1: Nature of Organization and Summary of Accounting Policies (continued) (k) Classification of revenue As an enterprise (proprietary) fund, the District classifies its revenues into three classifications: operating revenue, non-operating revenue, and contributions. Operating revenues are defined as revenues realized by the District in exchange for providing its primary services of water distribution and wastewater collection to its customers. Non-operating revenues are those derived from the investment of cash reserves and from the disposal of excess property, and also include those resources received from entities other than customers, such as governmental agencies and developers, for purposes not related to capital improvement. Donated plant and cash received for capital improvement without the requirement that the District give resources in exchange are recorded as contributions. (l) Use of restricted resources The District uses restricted resources, prior to using unrestricted resources, to pay expenditures meeting the criteria imposed on the use of restricted resources by a third party. (m) Postemployment healthcare benefits On July 1, 2008, the Agency adopted the provisions of Governmental Accounting Standards Board Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions (GASB 45). This statement requires the annual cost of other postemployment benefits other than pensions (OPEB) and the unfunded actuarial liabilities for past service to be reported in the government financial statements. Previously, the costs of such benefits were generally recognized as expenses when incurred by retirees. Under GASB 45, the cost of these benefits will be estimated over the years employees are providing service. GASB 45 also requires comprehensive disclosure regarding OPEB activities, see Note 10, Postemployment Benefits Other Than Pension. (n) Management review Management has evaluated subsequent events through December 22, 2010, the date which the financial statements were available to be issued. (o) Use of estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. See Independent Auditors' Report -21- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 2: Cash and Investments Cash and investments as of June 30, 2010 and 2009 are classified in the accompanying financial statements as follows: Statement of net assets: 2010 2009 Current assets: Cash in bank and on hand $ 1,261,247 $ 847,475 Investment in Local Agency Investment Fund 1,719,655 981,471 Investment in debt securities 3,058,255 3,417,633 Total 6,039,157 5,246,579 Restricted assets: Cash in bank and on hand 536,643 1,752,554 Investment in Local Agency Investment Fund 1,796,983 1,771,840 Total 2,333,626 3,524,394 Grand total $ 8,372,783 $ 8,770,973 Cash and investments as of June 30, 2010 and 2009 consist of the following: 2010 2009 Cash on hand $ 1,750 $ 1,750 Deposits with financial institutions 305,452 290,954 Money market accounts with financial institutions 1,490,688 2,307,325 Investment in Local Agency Investment Fund 3,516,638 2,753,311 Investment in debt securities 3,058,255 3,417,633 Total $ 8,372,783 $ 8,770,973 Investments Authorized by the California Government Code and the District’s Policy The table below identifies the investment types that are authorized by the District’s investment policy and in accordance with Section 52601 of the California Government Code. The table also identifies certain provisions of the Agency’s investment policy that address interest rate risk and concentration of credit risk. Maximum Authorized Required Authorized investment type maturity limit (%) rating Bonds & certificates of participation by EVWD 5 years None None U.S. Treasury bills, notes or bonds 5 years None None State registered warrants, notes or bonds 5 years None None Notes & bonds of other local California agencies 5 years None None U.S. agencies 5 years None None Negotiable certificates of deposits 5 years 30% None Money market mutual funds & mutual funds 5 years 15% 2-AAA Collaterialized bank deposits 5 years None None Local Agency Investment Fund N/A None None The California Local Agency Investment Fund (LAIF) is a special fund of the California State Treasury through which local governments may pool investments. Investments in LAIF are highly liquid as deposits can be converted to cash within 24 hours without loss of interest. At June 30, 2010, the District had no investments in repurchase agreements and did not utilize this investment media during the reporting year. As a matter of investment policy, the District does not borrow funds through the use of reverse repurchase agreements. See Independent Auditors' Report -22- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 2: Cash and Investments (continued) Disclosure Relating to Interest Rate Risk Interest rate risk is the risk that a change in the market rate will adversely affect the fair value of an investment. Generally, the longer the maturity of the investment, the greater the sensitivity to change in fair value due to fluctuation in market interest rates. One of the ways the District minimizes their exposure to this type of risk is by investing in investments with laddered maturity dates. As of June 30, 2010, the District had the following investments and maturities: Less than Investment type Fair value 1 year 1 - 2 Years LAIF $ 3,516,638 $ 3,516,638 $ - Farmer Mac 404,154 106,204 297,950 Federal Farm Credit Bank 800,360 - 800,360 Federal Home Loan Bank 604,350 26,133 578,217 Fannie Mae 300,000 - 300,000 U.S. Treasury Bonds 949,391 - 949,391 Total $ 6,574,893 $ 3,648,975 $ 2,925,918 Disclosure Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum required rating by (where applicable) the California Code, the District’s investment policy and the actual rating as of year ended for each investment type. Minimum Investment type Fair value legal rating Actual rating LAIF $ 3,516,638 N/A N/A Farmer Mac 404,154 N/A AAA Federal Farm Credit Bank 800,360 N/A AAA Federal Home Loan Bank 604,350 N/A AAA Fannie Mae 300,000 N/A AAA U.S. Treasury Bonds 949,391 N/A AAA Disclosure Related to Concentration of Credit Risk The District’s policy places no limits on amounts invested in any given issuer beyond that stipulated by the California Government Code. At June 30, 2010, the following investments exceeded 5% of the District’s total investments: Investment type Fair value LAIF 53.49% Farmer Mac 6.15% Federal Farm Credit Bank 12.17% Federal Home Loan Bank 9.19% U.S. Treasury Bonds 14.44% See Independent Auditors' Report -23- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 2: Cash and Investments (continued) Disclosure Related to Custodial Credit Risk Custodial Credit Risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial risk for investments is the risk that in the event of the failure of the counterparty to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code requires California banks and savings and loan associations to secure deposits by pledging government securities as collateral. Such collateralization of public funds is accomplished by pooling. As such, collateralized securities are held by the pledging financial institution’s agent on behalf of the District. The market value of pledged securities must equal at least 110 percent of the District’s deposits. California law also allows financial institutions to secure deposits by pledging first trust deed mortgage notes having a value of 150 percent of a public entity’s total deposits. The District may waive collateral requirements for deposits which are fully insured by Federal depository insurance. As of June 30, 2010 and 2009, the District’s deposits with financial institutions that were in excess of federal depository insurance limits were $230,585 and $32,984, respectively. On October 3, 2008, the Emergency Economic Stabilization Act of 2008 became effective, which temporarily covers non-interest bearing deposit accounts without limit and increases the federal deposit insurance limit from $100,000 to $250,000 for interest bearing deposit accounts. The limit will return to $100,000 for all deposit accounts held with a single financial institution after December 31, 2013. Investment in State Investment Pool The management of the State of California Pooled Money Investment Account (generally referred to as LAIF) has reported to its participating agencies that, as of June 30, 2010, the carrying amount (at amortized cost) of the pool was $69,441,630,091 and the estimated fair value of the pool was $69,555,776,591. The District’s proportionate share of the pool’s market value (as determined by LAIF) as of June 30, 2010, was $3,516,638. Included in LAIF’s investment portfolio are collateralized mortgage obligations, mortgage-backed securities, other asset- backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government-sponsored enterprises, and corporations. Note 3: Capital Assets A summary of changes in utility plant for the year ended June 30, 2010 is as follows: Capital assets, being depreciated/amortized: Beginning Ending Water balance Increases Decreases balance Source of supply plant $ 11,691,113 $ 691,017 $ 135,450 $ 12,246,680 Pumping plant 8,456,271 - - 8,456,271 Treatment plant 9,670,415 2,356,432 - 12,026,847 Transmission and distribution 76,609,329 768,867 - 77,378,196 General plant 5,045,543 136,066 248,789 4,932,820 Total water 111,472,671 3,952,382 384,239 115,040,814 Sewer Collection plant 23,417,572 261,396 - 23,678,968 General plant 3,323,390 50,640 186,963 3,187,067 Total sewer 26,740,962 312,036 186,963 26,866,035 Grand total $ 138,213,633 $ 4,264,418 $ 571,202 $ 141,906,849 See Independent Auditors' Report -24- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 3: Capital Assets (continued) Capital assets, not being depreciated/amortized: Beginning Ending Water balance Increases Decreases balance Land and easements $ 3,220,669 $ 5,957,755 $ 694,361 $ 8,484,063 Intangible plant 20,954 - - 20,954 Water stock and rights 1,551,731 1,750 - 1,553,481 Construction in progress 15,689,903 2,601,115 13,415,930 4,875,088 Total 20,483,257 8,560,620 14,110,291 14,933,586 Sewer Land and easements 29,215 3,892,747 - 3,921,962 Construction in progress 397,223 91,551 249,830 238,944 Total 426,438 3,984,298 249,830 4,160,906 Grand total $ 20,909,695 $ 12,544,918 $ 14,360,121 $ 19,094,492 Note 4: Long-Term Debt Long-term debt reflected on the accompanying Statements of Net Assets includes the following: 2010 2009 Arroyo Verde Assessment District (AVAD) construction loan - interest at 0%, maturities through 2031 $ 138,624 $ 145,385 1996 refunding certificates of participation - interest from 3.25% to 5.40%, maturities through 2009 - 615,000 2001 certificates of participation - interest from 4.25% to 5.00%, maturities through 2020 5,935,000 6,685,000 2004 project installment sale note - interest at 4.50%, maturities through 2024 8,067,777 8,455,152 2006 project installment sale note - interest at 4.95%, maturities through 2026 5,218,703 5,428,578 19,360,104 21,329,115 Less issuance discounts - (3,050) Add issuance premiums 30,260 36,985 19,390,364 21,363,050 Less current portion: AVAD construction loan 6,762 3,381 1996 certificates - 615,000 2001 certificates 785,000 750,000 2004 installment note 405,003 387,375 2006 installment note 220,393 209,875 1,417,158 1,965,631 Discounts and premiums - 3,064 1,417,158 1,968,695 Totals $ 17,973,206 $ 19,394,355 See Independent Auditors' Report -25- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 4: Long-Term Debt (continued) The schedule below summarizes changes in long-term debt principal during the year ended June 30, 2010. Beginning Ending balance Additions Payments balance AVAD construction loan $ 145,385 $ - $ 6,761 $ 138,624 1996 certificates 615,000 - 615,000 - 2001 certificates 6,685,000 - 750,000 5,935,000 2004 installment note 8,455,152 - 387,375 8,067,777 2006 installment note 5,428,578 - 209,875 5,218,703 Total $ 21,329,115 $ - $ 1,969,011 $ 19,360,104 The aggregate debt service requirements to maturity for all long-term debt as of June 30, 2010 are as follows: Year Ending June 30, Principal Interest Total 2011 $ 1,417,157 $ 868,129 $ 2,285,286 2012 1,451,632 805,186 2,256,818 2013 1,512,500 739,493 2,251,993 2014 1,579,824 669,889 2,249,713 2015 1,658,676 595,988 2,254,664 2016 and thereafter 11,740,315 2,937,231 14,677,546 Total $ 19,360,104 $ 6,615,916 $ 25,976,020 Security for debt is as follows: Debt Certificates of participation (series 1996 & 2001 certificates) and 2004 & 2006 project installment sale Security The District is required to maintain and encumber net revenues, as defined by the certificates of participation's trust agreement and 2004 & 2006 project installment sale agreements of at least 110% of District's annual debt service (principal and interest). At June 30, 2010, net water revenues represented 121% of the annual debt service. Capital Lease The District has entered into a capital lease commitment for a telecommunications system. The amount financed was $55,556 to be repaid over a sixty-month period with interest at 11.09%. The agreement requires monthly installment payments of principal and interest of $1,124 beginning on August 19, 2009 and ending on July 19, 2015. As of June 30, 2010, accumulated depreciation on the telecommunication system was $2,778, resulting in a net book value of $52,778. The future minimum lease obligations and the net present value of these minimum lease obligations are as follows: Year ending June 30, Payments 2011 $ 14,679 2012 14,679 2013 14,679 2014 14,679 2015 1,322 Total minimum lease obligations 60,038 Less: amounts representing interest (12,763) Present value of minimum lease obligations $ 47,275 See Independent Auditors' Report -26- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 5: Defeased Debt 1996 Refunding On May 14, 1996, the District issued 1996 Refunding Certificates of Participation of $8,140,000 with interest rates ranging from 3.25% to 5.40% to advance refund outstanding certificates of participation issued in 1986 (Highland system), 1989 (water facility) and 1989 (Highland system) totaling $8,570,000. The advance refunding resulted in a difference between the reacquisition price and the net carrying amount of the old debt of $439,410. This difference is being charged as a component of interest expense through the year 2009 using the straight-line method of amortization. The District in effect reduced its aggregate debt service cash flow by $755,433 over the term of the new certificates and obtained an economic gain (difference between the present values of the old and new debt service payments) of $203,488. 2001 Refunding On April 26, 2001, the District issued $12,000,000 of Series 2001 Certificates of Participation (COPS). The new COPS were issued to finance the construction of a new 4 million gallon reservoir ($5,580,000), and for advance refunding $6,165,000 of then outstanding 1994 COPS ($6,420,000). The refunding portion of the 2001 COPS carry interest rates from 4.250% to 4.625% and will be repaid in various principal increments with the final payment due on December 1, 2014. The refunded 1994 COPS carried interest rates from 5.500% to 6.600% and also were due in various principal increments with the final payment due on December 1, 2014. The refunding portion of the 2001 COPS were issued at a premium of $49,167, and after paying issuance costs and insurance of $176,575, the net proceeds were $6,292,592. The advance refunding met the requirements of an in-substance defeasance; accordingly, the 1994 COPS are no longer reflected as a liability on the accompanying financial statements. The advance refunding resulted in a difference between the reacquisition price and the carrying amount of the old debt of $601,753. This difference, reported in the accompanying financial statements as a deduction from long- term debt payable, is being charged to operations through the year 2015 using the straight-line method of amortization. The District completed the refunding to decrease total debt service over the next 13 years by $574,329 and to obtain an economic gain (difference between the present values of the old and new debt service payments) of $272,083. Note 6: Defined Benefit Pension Plan (PERS) Plan Description East Valley Water District contributes to the California Public Employees’ Retirement System (PERS), a cost sharing multiple-employer public employee defined benefit pension plan. PERS provides retirement, disability benefits, and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. Copies of PERS’ annual financial report may be obtained from its executive office at 400 P Street, Sacramento, California 95814. All full-time District employees are eligible to participate in PERS with benefits vesting after five years of service. District employees who retire at age 55 are entitled to an annual retirement benefit, payable monthly for life, in increasing percentage increments up to 2.7% of their average full-time monthly pay rate for the highest 12 consecutive months for each year of credited services. See Independent Auditors' Report -27- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 6: Defined Benefit Pension Plan (PERS) (continued) Funding Policy District employees are required to contribute 8% of their annual covered salary. The District makes the contributions required of District employees on their behalf and for their account. The District is required to contribute an amount necessary to fund the benefits of its members, using the actuarial basis recommended by the PERS actuaries and actuarial consultants and adopted by the Board of Administration. For the years ended June 30, 2010 and 2009, the amounts contributed by the District on behalf of the employees was $377,418 and $314,812, respectively. Annual Pension Cost Under GASB 27, an employer reports an annual pension cost (APC) equal to the annual required contribution (ARC) plus an adjustment for cumulative difference between the APC and the employer’s actual plan contributions for the year. The cumulative difference is called the net pension obligation (NPO). The ARC for the period July 1, 2009 to June 30, 2010 has been determined by an actuarial valuation of the plan as of June 30, 2007. The contribution rate for the indicated period is 16.424% of covered payroll. In order to calculate the dollar value of the ARC for inclusion in financial statements prepared as of June 30, 2010, this contribution rate would be multiplied by the payroll of covered employees that was actually paid during the period July 1, 2009 to June 30, 2010. A summary of the APC for the current year and each of the preceding two years is as follows: Annual Percentage Pension of APC Fiscal year Cost (APC) contributed June 30, 2008 $ 736,225 100% June 30, 2009 940,107 100% June 30, 2010 1,129,524 100% Risk Pool Assembly Bill 1974, which added Sections 20840-20842 to the California Government Code allowed PERS to create risk pools and mandate public agency participation in those pools. Commencing with the valuation of June 30, 2003, mandatory pooling was established for plans with less than 100 active members. As a result, the District was required to participate in a risk pool of other Agencies/Districts with less than 100 employees. At the time of joining a risk pool (valuation of June 30, 2003), a side fund was created to account for the difference between the funded status of the pool and the funded status of the District's plan. The side fund for the District’s plan as of the June 30, 2007 valuation was a negative $1,283,061. The side fund will be credited, on an annual basis, with the actuarial investment return assumption. This assumption is currently 7.75%. The negative side fund will cause the District’s required employer contribution rate to be increased by the amortization of the side fund. In the absence of subsequent contract amendments or funding changes, the side fund will disappear at the end of the amortization period. The amortization period remaining as of June 30, 2007 was 7 years. See Independent Auditors' Report -29- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 8: Risk Management The District participates in a joint powers agreement (JPA) with the Special District Risk Management Authority (Authority). The Authority is a risk-pooling self-insurance authority created under the provisions of California Government Code Section 6500 et. sec. The Authority is governed by a board consisting of a representative from each member agency. The board controls the operations of the Authority including selection of management and approval of operating budgets. The relationship between the District and the Authority is such that the Authority is not a component unit of the District for financial reporting purposes. The purpose of the Authority is to arrange and administer programs of insurance for the pooling of self-insured losses and to purchase excess insurance coverage. At June 30, 2010, the District participation in the self-insurance programs of the Authority was as follows: Limits Deductible Personal injury and property $10,000,000 per occurrence / aggregate where $500 (property damage liability coverage - applicable damage only) general Personal injury and property $10,000,000 per accident $1,000 damage liability coverage - auto Public officials and employees $10,000,000 per wrongful act / annual member none errors and omissions liability aggregate Employee practices liability $10,000,000 per wrongful employment practice / none up to aggregate limits per member included $10,000, 50% with public officials and employee errors co-insurance and omissions coverage up to $50,000, none over $50,000 Employee benefits liability $10,000,000 per wrongful act / annual member none aggregate Employee dishonesty coverage $400,000 per loss $25,000 Public officials personal liability $500,000 per occurrence / annual aggregate $500 per board member Automobile physical damage Replacement cost (stated value adjusted $250/$500 or for depreciation, on selected vehicles) $500/$1,000 comprehensive / collision (as elected per vehicle) Uninsured motorist bodily injury $750,000 per accident none coverage Property coverage $1,000,000,000 replacement cost of scheduled property $2,000 in general, if replaced (if not replaced within two varies for other years, actual cash value basis) certain events Boiler and machinery $100,000,000 replacement cost $1,000 See Independent Auditors' Report -30- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 9: Related Organizations The District has purchased a majority of the voting stock of two mutual water companies in Highland, California: the North Fork Water Company (North Fork) and City Creek Water Company (City Creek). The District’s investment in these entities is reflected as Utility Plant on the accompanying financial statements because stock ownership entitles the District to take certain quantities of water and to use existing water distributions systems owned by these companies. Ownership in the North Fork Water Company also obligates the District to pay annual assessments that are based on the number of shares owned. Assessments paid to North Fork during the years ended June 30, 2010 and 2009 were $102,191 and $58,295, respectively. The District had a construction project in progress (“North Fork FEMA”) which is a water canal replacement project. Fifty percent of the project belongs to East Valley Water District and 50% belongs to North Fork. For the year ended June 30, 2009, $1,022,033 of construction in progress was transferred to North Fork. Seventy-five percent of the eligible costs are expected to be paid by a Federal Emergency Management Agency (FEMA) grant. The remaining 25% is to be paid by East Valley Water District and North Fork. There has been a receivable accrued to account for North Fork’s share of cost with a corresponding capital contribution. Likewise, there has been a payable accrued with a corresponding increase in North Fork stock for East Valley Water District’s share of North Fork’s cost since the District owns 80.97% of the stock. Receivable and payable balances to related entities as of June 30, 2010 and 2009 are as follows: 2010 2009 Receivable from: North Fork $ 793 $ 601,940 City Creek $ 32,221 $ 31,832 Payable to: North Fork $ - $ 486,876 Note 10: Postemployment Benefits Other Than Pension On July 1, 2008, the District implemented GASB 45 which changed the accounting and financial reporting used by local government employers for postemployment benefits other than pensions. The reporting requirements for these benefit programs as they pertain to the District are as set forth in the following. Plan Description The District contributes to the retiree health coverage of eligible retirees and eligible surviving spouses. At retirement, the District provides the minimum employer contribution under the CalPERS Health Program for eligible retirees and surviving spouses in receipt of a pension benefit from CalPERS. An employee is eligible for this employer contribution provided they are vested in their CalPERS pension benefit and commence payment of their pension benefit within 120 days of retirement with the District. Vesting requires at least five years of service. The surviving spouse of an eligible retiree who elected spouse coverage under CalPERS is eligible for the employer contribution upon death of the retiree. Employees retiring with at least 20 years of District service will receive an additional District contribution through attainment of Medicare eligibility age. The additional contribution is based on the negotiated dollar amount at retirement (currently $550 per month). The surviving spouse of an eligible retiree is eligible for the District’s contribution upon the death of the retiree through the spouse’s attainment of Medicare eligibility age. See Independent Auditors' Report -32- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 10: Postemployment Benefits Other Than Pension (continued) Funded Status The funded status of the plan as of June 30, 2010, based on the July 1, 2008 actuarial valuation is as follows: Actuarial accrued liability (AAL) $ 1,290,086 Actuarial value of trust assets - Unfunded actuarial accrued liability (UAAL) $ 1,290,086 Funded ratio (actuarial value of trust assets / AAL) 0% Estimated covered payroll (active members) $ 4,330,000 UAAL as a percentage of covered payroll 30% Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial assets, consistent with the long-term perspective of the calculations. Significant methods and assumptions were as follows: Valuation date July 1, 2008 Actuarial cost method Entry age normal Amortization method Level percent of payroll Remaining amortization period 30-year closed period Asset valuation method N/A - no assets Actuarial assumption: Investment rate of return 5.00% Payroll growth 3.25% Healthcare trend rate: 2010 8.50% 2011-2015 7.00% 2016-2018 5.16% 2019 and thereafter 5.00% Note 11: Prior Period Adjustment On August 18, 1998, the District entered into a property access and release agreement with the Metropolitan Water District of Southern California (Metropolitan) granting rights to Metropolitan to access the District's property for the purpose of operating a water pipeline. The agreement includes rights for Metropolitan to purchase water from the District. In 2007, a new meter was installed by Metropolitan on a water pipe accessing the District's water and was used to bill Metropolitan for water usage. However, the quantity used to bill Metropolitan (cubic feet) were different than the meter's unit of measurement (gallons). As a result, a series of overpayments occurred during the current fiscal year, and during the fiscal years ended June 30, 2009, 2008, and 2007. See Independent Auditors' Report -33- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 11: Prior Period Adjustment (continued) The District has calculated the difference between actual billings and actual usage. The difference resulted in an overpayment by Metropolitan of $409,109. The overpayment consisted of $288,937 for charges occurring during the prior fiscal years and $120,172 for charges related to the current fiscal year. On January 1, 2010, an amendment to the property access and release agreement was executed to extend the access rights to Metropolitan until December 31, 2012, and to outline the conditions of repayment. At the end of each of the three calendar years covering the extension, Metropolitan will be refunded $136,370 by the District, less any water usage accumulated during the calandar year without limit. As of June 30, 2010, the refund balance due to Metropolitan amounted to $282,561. This amount has been included as a component of accounts payable - other on the accompanying Statements of Net Assets for years ending June 30, 2010 and 2009. Also, the current year financial statements reflect a $282,561 reduction to Revenues, Changes in Net Assets, and Net Assets that were reported in the June 30, 2009 financial statements. Note 12: Subsequent Event On October 29, 2010, the District finalized the terms of refunding revenue bonds, series 2010 (2010 Bonds) issued by the East Valley Water District Financing Authority. The purpose of these bonds are to refund virtually all existing debt and to provide $16,000,000 to the District for future capital improvements. The bonds were issued at a par value of $33,545,000 with a $2,213,063 premium. The total transaction also required the District to provide a $920,318 debt service contribution. A summary of the sources and uses of the 2010 Bonds are as follows: Sources of funds: Par value of bonds $ 33,545,000 Original issue premium 2,213,063 Debt service fund contribution 920,318 Total sources of funds $ 36,678,381 Uses of funds: 2001 certificate of participation $ 6,069,582 2004 project installment sale note 8,081,918 2006 project installment sale note 5,250,694 Future capital improvements 16,000,000 Capitalized interest 655,721 Issuance costs and discounts 593,759 Other fees and charges 26,707 Total uses of funds $ 36,678,381 The 2010 Bonds are payable over 30 years with principal installments payable annually and interest payable semi-anually. The 2010 Bonds carry an interest rate between 2.00% and 5.00% over the life of the bond. The aggregate debt service requirements to maturity for the 2010 Bonds are as follows: Year ending June 30, Principal Interest Total 2011 $ - $ 616,234 $ 616,234 2012 1,055,000 1,439,413 2,494,413 2013 1,175,000 1,417,112 2,592,112 2014 1,205,000 1,381,263 2,586,263 2015 1,265,000 1,331,862 2,596,862 2016 to 2020 7,210,000 5,712,363 12,922,363 2021 to 2030 9,830,000 7,353,862 17,183,862 2031 to 2041 11,805,000 3,460,219 15,265,219 Total $ 33,545,000 $ 22,712,328 $ 56,257,328 See Independent Auditors' Report -34- East Valley Water District Notes to the Financial Statements For the year ended June 30, 2010 Note 13: Financial Statement Presentation Certain amounts in the financial statements for the year ended June 30, 2009 have been reclassified to conform to the presentation of the financial statements for the year ended June 30, 2010. These reclassifications, as well as the prior period adjustment disclosed in Note 11 of these financial statements, resulted in the following change in balances as of and for the year ended June 30, 2009: Prior year Change from Change from restated and Prior year prior period reclassification reclassified balance adjustment of balances balance Revenues $ 24,778,844 $ (282,561) $ 38,968 $ 24,535,251 Operating expenses (22,867,671) - 70 (22,867,601) Non-operating revenues and expenses (877,979) - 8,152 (869,827) Contributions and transfers 1,784,215 - (47,190) 1,737,025 Change in net assets 2,817,409 (282,561) - 2,534,848 Net Assets 99,724,578 (282,561) - 99,442,017 East Valley Water District Schedule One Page 1 of 5 Water Department Statements of Net Assets As of June 30, 2010 and 2009 For comparative purposes only 2010 2009 ASSETS Current assets: Cash in bank and on hand 1,261,247$ 847,475$ Investment in Local Agency Investment Fund 1,719,655 - Investment in debt securities 188,225 - Accounts receivable, net 1,365,802 1,493,576 Interest recievable 14,312 39,042 Other receivable 221,588 1,076,215 Inventory 975,477 1,111,815 Prepaid expenses 130,386 120,083 Total current assets 5,876,692 4,688,206 Restricted assets: Cash in bank and on hand 536,643 1,752,554 Investment in Local Agency Investment Fund 1,796,983 1,771,840 Total restricted assets 2,333,626 3,524,394 Non-current assets: Capital assets: Utility plant in service 115,040,814 111,472,671 Less: accumulated depreciation (35,116,514) (32,716,247) Utility plant in service, net of depreciation 79,924,300 78,756,424 Capital assets, not being depreciated 14,933,586 20,483,257 Total capital assets 94,857,886 99,239,681 Assessments receivable 83,188 106,906 Deferred charges 140,557 176,618 Total non-current assets 95,081,631 99,523,205 Total assets 103,291,949$ 107,735,805$ See Auditors' Report on Supplementary Information -36- East Valley Water District Schedule One Page 2 of 5 Water Department Statements of Net Assets As of June 30, 2010 and 2009 For comparative purposes only 2010 2009 LIABILITIES Current liabilities: Accounts payable - trade 1,904,463$ 1,897,482$ Accounts payable - other 281,720 839,468 Retentions payable 25,485 27,935 Accrued payroll and benefits 1,402,946 1,132,738 Accumulated interest payable 236,486 250,850 Current portion of capital lease 9,545 - Current portion of long-term debt 1,417,158 1,968,695 Total current liabilities 5,277,803 6,117,168 Liabilities payable from restricted assets: Customer service deposits 1,659,933 1,646,990 Construction deposits 137,050 124,850 Total liabilities payable from restricted assets 1,796,983 1,771,840 Non-current liabilities: Due to sewer department 7,000,000 9,022,344 Long-term portion of capital lease 37,730 - Long-term portion of debt 17,973,206 19,394,355 Less: deferred amount on refunding of Certificates of Participation (198,138) (255,677) Total non-current liabilities 24,812,798 28,161,022 Total liabilities 31,887,584 36,050,030 NET ASSETS Invested in capital assets, net of related debt 75,618,385 78,132,308 Unrestricted (4,214,020) (6,446,533) Total net assets 71,404,365$ 71,685,775$ See Auditors' Report on Supplementary Information -37- East Valley Water District Schedule One Page 3 of 5 Water Department Statements of Revenues, Expenses and Changes in Net Assets For the years ended June 30, 2010 and 2009 For comparative purposes only 2010 2009 OPERATING REVENUES Water sales 11,638,234$ 11,635,946$ Water meter charges 3,215,189 3,096,902 Other water charges 386,360 600,400 15,239,783 15,333,248 OPERATING EXPENSES Source of Supply: Supervision and labor 151,152 134,746 Purchased water 125,000 - Laboratory analysis 276,029 255,123 Groundwater replenishment 149,826 144,215 North Fork - assessments 102,191 58,295 Supplies 2,438 2,411 Maintenance 8,713 19,752 815,349 614,542 Pumping: Supervision and labor 512,111 488,845 Maintenance 339,053 352,072 Fuel and power 2,070,931 2,062,995 Supplies 49,586 57,267 2,971,681 2,961,179 Water Treatment: Supervision and labor 145,190 139,202 Contracted treatment 990,007 942,446 Supplies and utilities 251,187 195,524 Maintenance 66,981 43,436 1,453,365 1,320,608 Transmission and Distribution: Supervision and labor 1,027,018 809,178 Maintenance 279,617 199,075 Supplies 279,602 405,445 1,586,237 1,413,698 Customer Accounts: Supervision and labor 324,636 439,334 Uncollectible accounts 5,410 3,231 Billing and maintenance 129,550 171,704 459,596$ 614,269$ See Auditors' Report on Supplementary Information -38- East Valley Water District Schedule One Page 4 of 5 Water Department Statements of Revenues, Expenses and Changes in Net Assets (Continued) For the years ended June 30, 2010 and 2009 For comparative purposes only 2010 2009 Administrative and General: Salaries and wages 1,420,714$ 1,310,725$ Employee benefits 1,400,976 1,258,318 Workers' compensation 149,668 201,827 Directors' fees 89,072 68,166 Utilities and telephone 84,921 85,358 Dues and subscriptions 68,200 98,491 Office supplies and expense 75,766 60,433 Postage 12,786 21,125 Office equipment 85,108 87,740 General plant maintenance 163,161 375,255 Vehicle and maintenance expense 216,549 225,833 Facilities lease 114,630 111,539 Contractual services 437,616 632,020 General insurance 126,094 181,757 Education, seminars and conferences 25,729 21,076 Meals, lodging and travel 14,794 25,873 Employee programs 13,165 - License and certifications 1,566 - Regulatory fees and compliance 97,736 - Public education/outreach 19,251 - Election expense 256 - Safety equip/emergency planning 35,620 27,248 4,653,378 4,792,784 OPERATING EXPENSES BEFORE DEPRECIATION 11,939,606 11,717,080 Depreciation 2,695,004 2,506,211 Total operating expenses 14,634,610 14,223,291 Operating income 605,173 1,109,957 NON-OPERATING REVENUE: Investment income 27,163 157,611 Legal settlement 33,962 - Miscellaneous 144,553 138,173 Total non-operating revenue 205,678 295,784 NON-OPERATING EXPENSES: Interest expense 989,019 1,094,926 Amortization - issuance costs 36,061 35,280 Amortization expense - lease costs - 2,676 Loss on disposal of assets 135,493 75,027 Total nonoperating revenues (expenses) 1,160,573 1,207,909 Income before contributions and transfers (349,722)$ 197,832$ See Auditors' Report on Supplementary Information -39- East Valley Water District Schedule One Page 5 of 5 Water Department Statements of Revenues, Expenses and Changes in Net Assets (Continued) For the years ended June 30, 2010 and 2009 For comparative purposes only 2010 2009 CONTRIBUTIONS AND TRANSFERS: Utility plant dedicated -$ 381,182$ Capacity charges 64,582 278,307 Grants 3,730 1,754,445 Capital contribution from mutual water company (North Fork) - 233,410 Transfer of capital asset (CIP) to mutual water company (North Fork) - (1,022,033) Total contributions and transfers 68,312 1,625,311 CHANGE IN NET ASSETS (281,410) 1,823,143 NET ASSETS - BEGINNING OF YEAR 71,685,775 69,862,632 NET ASSETS - END OF YEAR 71,404,365$ 71,685,775$ See Auditors' Report on Supplementary Information -40- East Valley Water District Schedule Two Page 1 of 3 Sewer Department Statements of Net Assets As of June 30, 2010 and 2009 For comparative purposes only 2010 2009 ASSETS Current assets: Investment in Local Agency Investment Fund -$ 981,471$ Investment in debt securities 2,870,030 3,417,633 Total current assets 2,870,030 4,399,104 Non-current assets: Capital assets: Utility plant in service 26,866,035 26,740,962 Less: accumulated depreciation (13,264,916) (12,832,606) Utility plant in service, net of depreciation 13,601,119 13,908,356 Capital assets, not being depreciated 4,160,906 426,438 Total capital assets 17,762,025 14,334,794 Due from water department 7,000,000 9,022,344 Total non-current assets 24,762,025 23,357,138 Total assets 27,632,055 27,756,242 NET ASSETS Invested in capital assets 17,762,025 14,334,794 Unrestricted 9,870,030 13,421,448 Total net assets 27,632,055$ 27,756,242$ See Auditors' Report on Supplementary Information -41- East Valley Water District Schedule Two Page 3 of 3 Sewer Department Statements of Revenues, Expenses and Changes in Net Assets (Continued) For the years ended June 30, 2010 and 2009 For comparative purposes only 2010 2009 OPERATING EXPENSES BEFORE DEPRECIATION 8,761,221$ 8,010,256$ Depreciation 619,273 634,054 Total Operating Expenses 9,380,494 8,644,310 Operating Income (193,218) 557,693 NON-OPERATING REVENUE: Investment income 34,029 78,215 Gain (loss) on disposal of assets 2,081 (35,917) Total nonoperating revenues 36,110 42,298 Income before contributions and transfers (157,108) 599,991 CONTRIBUTIONS AND TRANSFERS: Capacity charges 32,921 111,714 Total contributions and transfers 32,921 111,714 CHANGE IN NET ASSETS (124,187) 711,705 NET ASSETS - BEGINNING OF YEAR 27,756,242 27,044,537 NET ASSETS - END OF YEAR 27,632,055$ 27,756,242$ See Auditors' Report on Supplementary Information -43- See Auditors' Report on Supplementary Information -44- East Valley Water District Schedule Three Page 1 of 3 Supplementary Information Water Department - Schedule of Capital Assets As of June 30, 2010 Cost of Assets: Beginning Ending balance Increases Decreases balance Capital assets not being depreciated/amortized: Land held for future use $ 1,366,150 $ - $ 681,425 $ 684,725 Land and easements 1,854,519 5,957,755 12,936 7,799,338 Intangible plant 20,954 - - 20,954 Water stock and rights 1,551,731 1,750 - 1,553,481 Construction in progress 15,689,903 2,601,115 13,415,930 4,875,088 Total 20,483,257 8,560,620 14,110,291 14,933,586 Capital assets being depreciated/amortized: Source of supply plant: Wells 8,507,863 691,017 135,450 9,063,430 North Fork intake pipeline 3,183,250 - - 3,183,250 Pumping plant: Hydo plant 59 1,091,641 - - 1,091,641 Boosters, pumps and motors 7,364,630 - - 7,364,630 Treatment plant: Contact clarification plant 9,670,415 - - 9,670,415 Uranium treatment plant - 755,226 - 755,226 Nitrate treatment plant - 1,281,576 - 1,281,576 Perchlorate treatment - 319,630 - 319,630 Transmission and distribution: Pipelines and services 54,869,179 714,735 - 55,583,914 Meters 4,435,298 2,387 - 4,437,685 Telemetry and control 360,386 51,745 - 412,131 Reservoirs and tanks 16,944,466 - - 16,944,466 General plant: Land improvements 317,456 97,072 - 414,528 Building 655,385 - - 655,385 Office furniture and equipment 1,846,839 31,247 229,189 1,648,897 Transportation and general equipment 2,225,863 7,747 19,600 2,214,010 Total 111,472,671 3,952,382 384,239 115,040,814 Grand total $ 131,955,928 $ 12,513,002 $ 14,494,530 $ 129,974,400 See Auditors' Report on Supplementary Information -45- East Valley Water District Schedule Three Page 2 of 3 Supplementary Information Water Department - Schedule of Capital Assets As of June 30, 2010 Accumulated Depreciation: Beginning Ending balance Increases Decreases balance Capital assets being depreciated/amortized: Source of supply plant: Wells $ 2,140,363 $ 197,336 $ 46,016 $ 2,291,683 North Fork intake pipeline 217,325 63,665 - 280,990 Pumping plant: Hydo plant 59 447,573 21,833 - 469,406 Boosters, pumps and motors 2,387,270 219,356 - 2,606,626 Treatment plant: Contact clarification plant 2,706,931 246,519 - 2,953,450 Uranium treatment plant - 37,761 - 37,761 Nitrate treatment plant - 64,079 - 64,079 Perchlorate treatment - 15,981 - 15,981 Transmission and distribution: Pipelines and services 15,373,674 1,090,988 - 16,464,662 Meters 1,791,789 136,788 - 1,928,577 Telemetry and control 354,071 3,252 - 357,323 Reservoirs and tanks 3,965,648 346,184 - 4,311,832 General plant: Land improvements 50,470 24,145 - 74,615 Building 351,127 17,315 - 368,442 Office furniture and equipment 1,273,826 74,913 229,122 1,119,617 Transportation and general equipment 1,656,181 134,889 19,600 1,771,470 Total $ 32,716,248 $ 2,695,004 $ 294,738 $ 35,116,514 See Auditors' Report on Supplementary Information -46- East Valley Water District Schedule Three Page 3 of 3 Supplementary Information Sewer Department - Schedule of Capital Assets As of June 30, 2010 Cost of Assets: Beginning Ending balance Increases Decreases balance Capital assets not being depreciated/amortized: Land held for future use $ - $ 684,725 $ - $ 684,725 Land and easements 29,215 3,208,022 - 3,237,237 Construction in progress 397,223 91,551 249,830 238,944 Total 426,438 3,984,298 249,830 4,160,906 Capital assets being depreciated/amortized: Collection plant: Wastewater pipelines and laterals 23,417,572 261,396 - 23,678,968 General plant: Building 264,731 - - 264,731 Office furniture and equipment 1,208,463 40,383 167,363 1,081,483 Transportation and general equipment 1,850,196 10,257 19,600 1,840,853 Total 26,740,962 312,036 186,963 26,866,035 Grand total $ 27,167,400 $ 4,296,334 $ 436,793 $ 31,026,941 Accumulated Depreciation: Beginning Ending balance Increases Decreases balance Capital assets being depreciated/amortized: Collection plant: Wastewater pipelines and laterals $ 10,374,767 $ 419,819 $ - $ 10,794,586 General plant: Building 175,966 9,074 - 185,040 Office furniture and equipment 947,672 39,896 167,363 820,205 Transportation and general equipment 1,334,201 150,484 19,600 1,465,085 Total $ 12,832,606 $ 619,273 $ 186,963 $ 13,264,916 See Auditors' Report on Supplementary Information -47- East Valley Water District Schedule Four Page 1 of 3 Supplementary Information Water Department - Schedule of Changes in Capital Assets For the year ending June 30, 2010 Increases: Capital assets, not being depreciated/amortized: Land: Third St. and Sterling Ave. $ 5,957,755 Water Stock: North Fork Water Company 1,750 Construction in Progress: increase in jobs due to capital invested/donated 2,601,115 Capital assets, being depreciated/amortized: Land Improvements: Fencing at District yard 8,620 Plant 40 improvements 88,453 97,073 Source of supply plant: Plant 40 - well rehabilitation 451,353 Plant 40 - on-site piping and electrical 206,196 Plant 25 - replace column, tube and shaft 33,468 691,017 Treatment plant: Perchlorate treatment 319,630 Plant 40 - uranium treatment unit 755,226 Plant 40 - nitrate treatment unit 1,281,576 2,356,432 Transmission and distribution: Pipeline and services: Tract 17263 131,386 Tract 18677 155,319 New service at Patton State Hospital 37,181 New service at Highland and Boulder 68,806 New service at 3rd St., west of Palm 5,688 New 8" main at Vine St., between Tippecanoe and Fairfax 316,355 714,735 Meters: Meter replacement program 46,999 Meters malfunctioning, installed in previous years (45,408) New services and upgrades 796 2,387 Telemetry and controls: plant 40 51,745 Office furniture and equipment: AVAYA phone system - handsets and software 27,777 Network switches 2,075 Phone system routers 1,395 31,247 See Auditors' Report on Supplementary Information -48- East Valley Water District Schedule Four Page 2 of 3 Supplementary Information Water Department - Schedule of Changes in Capital Assets For the year ending June 30, 2010 Increases (continued): Capital assets, being depreciated/amortized (continued): Transportation and general equipment: Compressor - Schrader #82823GTH $ 1,938 Cargo containters (3) - ECMU 4049840, 4044581 & 4044175 3,402 Pacific truck stake bed - unit 36 2,407 7,747 Total increases $ 12,513,003 Decreases: Capital assets, not being depreciated/amortized: Land held for future use: Survey and title fees (capitalized) $ (3,300) Transferred to Sewer Department 684,725 681,425 Land and easements: sale of land, Church St 12,936 Construction in progress: decrease due to jobs completed and capitalized/expensed 13,415,930 Capital assets, being depreciated/amortized: Source of supply plant, wells: demolition of plant 133 135,450 Office furniture and equipment: removal of old equipment (1955-1995) no longer in service and fully depreciated 229,189 Transportation and general equipment: 1992 Ford F-250 - unit 9 7,744 2001 GMC Safari - unit 134 11,856 19,600 Total decreases $ 14,494,530 See Auditors' Report on Supplementary Information -49- East Valley Water District Schedule Four Page 3 of 3 Supplementary Information Sewer Department - Schedule of Changes in Capital Assets For the year ending June 30, 2010 Increases: Capital assets, not being depreciated/amortized: Land: Third St. and Sterling Ave. $ 3,208,022 Land held for future use: transferred from Water Department 684,725 Construction in Progress: increase in jobs due to capital invested/donated 91,551 Capital assets, being depreciated/amortized: Collection plant, wastewater pipelines and laterals: Tract 17263 - collection mains and laterals 96,333 Tract 18677 - collection mains and laterals 158,101 Highland and Boulder - collection mains and laterals 6,962 261,396 Office furniture and equipment: AVAYA phone system - handsets and software 27,778 Flexidata license 9,135 Network switches 2,075 Phone system routers 1,395 40,383 Transportation and general equipment: Turbo II - root cutter sewer 4,448 Cargo containers (3) - ECMU 4049840, 4044581 & 4044175 3,402 Pacific truck stake bed - unit 36 2,407 10,257 Total increases $ 4,296,334 Decreases: Capital assets, not being depreciated/amortized: Construction in progress: decrease due to jobs completed and capitalized/expensed $ 249,830 Capital assets, being depreciated/amortized: Office furniture and equipment: removal of old equipment (1955-1995) no longer in service and fully depreciated 167,363 Transportation and general equipment: 1992 Ford F-250 - unit 9 7,744 2001 GMC Safari - unit 134 11,856 19,600 Total decreases $ 436,793 See Auditors' Report on Supplementary Information -50- East Valley Water District Schedule Five Page 1 of 1 Supplementary Information Unredeemed Bond Coupons - Retired Debt As of June 30, 2010 Interest Bond Total coupons principal amount Bond series payable payable payable 1955 water revenue bonds $ 829 $ - $ 829 1957 general obligation bonds 211 - 211 1966 water revenue bonds - division I 425 - 425 1966 water revenue bonds - division II 5,010 - 5,010 $ 6,475 $ - $ 6,475 See Auditors' Report on Supplementary Information -51- East Valley Water District Schedule Six Page 1 of 4 Supplementary Information Principal and Interest Repayment Schedule - Certificates of Participation - Series 2001 As of June 30, 2010 Interest Total Due Date Principal Rate Interest Payments 12-1-10 $ 785,000 4.250% $ 135,317 $ 920,317 6-1-11 - 4.250 118,636 118,636 12-1-11 790,000 4.250 118,636 908,636 6-1-12 - 4.400 101,849 101,849 12-1-12 820,000 4.400 101,849 921,849 6-1-13 - 4.500 83,809 83,809 12-1-13 855,000 4.500 83,809 938,809 6-1-14 - 4.625 64,571 64,571 12-1-14 900,000 4.625 64,571 964,571 6-1-15 - 4.700 43,759 43,759 12-1-15 220,000 4.700 43,759 263,759 6-1-16 - 4.800 38,589 38,589 12-1-16 230,000 4.800 38,589 268,589 6-1-17 - 4.875 33,069 33,069 12-1-17 240,000 4.875 33,069 273,069 6-1-18 - 4.875 27,219 27,219 12-1-18 250,000 4.875 27,219 277,219 6-1-19 - 5.000 21,125 21,125 12-1-19 565,000 5.000 21,125 586,125 6-1-20 - 5.000 7,000 7,000 12-1-20 280,000 5.000 7,000 287,000 Totals $ 5,935,000 $ 1,214,569 $ 7,149,569 See Auditors' Report on Supplementary Information -52- East Valley Water District Schedule Six Page 2 of 4 Supplementary Information Principal and Interest Repayment Schedule - 2004 Project Installment Sale Note As of June 30, 2010 Interest Total Due Date Principal Rate Interest Payments 8-31-10 $ 200,249 4.500% $ 181,525 $ 381,774 2-28-11 204,754 4.500 177,019 381,773 8-31-11 209,361 4.500 172,412 381,773 2-29-12 214,072 4.500 167,702 381,774 8-31-12 218,889 4.500 162,885 381,774 2-28-13 223,814 4.500 157,960 381,774 8-31-13 228,849 4.500 152,924 381,773 2-28-14 233,999 4.500 147,775 381,774 8-31-14 239,264 4.500 142,510 381,774 2-28-15 244,647 4.500 137,127 381,774 8-31-15 250,151 4.500 131,622 381,773 2-29-16 255,780 4.500 125,994 381,774 8-31-16 261,535 4.500 120,239 381,774 2-28-17 267,419 4.500 114,354 381,773 8-31-17 273,436 4.500 108,337 381,773 2-28-18 279,589 4.500 102,185 381,774 8-31-18 285,879 4.500 95,894 381,773 2-28-19 292,312 4.500 89,462 381,774 8-31-19 298,889 4.500 82,885 381,774 2-29-20 305,614 4.500 76,160 381,774 8-31-20 312,490 4.500 69,284 381,774 2-28-21 319,521 4.500 62,253 381,774 8-31-21 326,710 4.500 55,063 381,773 2-28-22 334,061 4.500 47,713 381,774 8-31-22 341,578 4.500 40,196 381,774 2-28-23 349,263 4.500 32,511 381,774 8-31-23 357,122 4.500 24,652 381,774 2-29-24 365,157 4.500 16,617 381,774 8-31-24 373,373 4.500 8,401 381,774 Totals $ 8,067,777 $ 3,003,661 $ 11,071,438 See Auditors' Report on Supplementary Information -53- East Valley Water District Schedule Six Page 3 of 4 Supplementary Information Principal and Interest Repayment Schedule - 2006 Project Installment Sale Note As of June 30, 2010 Interest Total Due Date Principal Rate Interest Payments 9-3-10 $ 108,849 4.950% $ 129,163 $ 238,012 3-3-11 111,543 4.950 126,469 238,012 9-3-11 114,304 4.950 123,708 238,012 3-3-12 117,133 4.950 120,879 238,012 9-3-12 120,032 4.950 117,980 238,012 3-3-13 123,003 4.950 115,010 238,013 9-3-13 126,047 4.950 111,965 238,012 3-3-14 129,167 4.950 108,845 238,012 9-3-14 132,364 4.950 105,648 238,012 3-3-15 135,639 4.950 102,373 238,012 9-3-15 138,997 4.950 99,016 238,013 3-3-16 142,437 4.950 95,575 238,012 9-3-16 145,962 4.950 92,050 238,012 3-3-17 149,575 4.950 88,437 238,012 9-3-17 153,277 4.950 84,735 238,012 3-3-18 157,071 4.950 80,942 238,013 9-3-18 160,958 4.950 77,054 238,012 3-3-19 164,941 4.950 73,071 238,012 9-3-19 169,024 4.950 68,988 238,012 3-3-20 173,207 4.950 64,805 238,012 9-3-20 177,494 4.950 60,518 238,012 3-3-21 181,888 4.950 56,125 238,013 9-3-21 186,389 4.950 51,623 238,012 3-3-22 191,002 4.950 47,010 238,012 9-3-22 195,729 4.950 42,283 238,012 3-3-23 200,574 4.950 37,439 238,013 9-3-23 205,537 4.950 32,475 238,012 3-3-24 210,625 4.950 27,387 238,012 9-3-24 215,838 4.950 22,174 238,012 3-3-25 221,180 4.950 16,832 238,012 9-3-25 226,654 4.950 11,358 238,012 3-3-26 232,263 4.950 5,749 238,012 Totals $ 5,218,703 $ 2,397,686 $ 7,616,389 See Auditors' Report on Supplementary Information -54- East Valley Water District Schedule Six Page 4 of 4 Supplementary Information Principal and Interest Repayment Schedule - Department of Water Resources Construction Loan As of June 30, 2010 Interest Total Due Date Principal Rate Interest Payments 1-1-11 $ 3,381 0.000% $ - $ 3,381 7-1-11 3,381 0.000 - 3,381 1-1-12 3,381 0.000 - 3,381 7-1-12 3,381 0.000 - 3,381 1-1-13 3,381 0.000 - 3,381 7-1-13 3,381 0.000 - 3,381 1-1-14 3,381 0.000 - 3,381 7-1-14 3,381 0.000 - 3,381 1-1-15 3,381 0.000 - 3,381 7-1-15 3,381 0.000 - 3,381 1-1-16 3,381 0.000 - 3,381 7-1-16 3,381 0.000 - 3,381 1-1-17 3,381 0.000 - 3,381 7-1-17 3,381 0.000 - 3,381 1-1-18 3,381 0.000 - 3,381 7-1-18 3,381 0.000 - 3,381 1-1-19 3,381 0.000 - 3,381 7-1-19 3,381 0.000 - 3,381 1-1-20 3,381 0.000 - 3,381 7-1-20 3,381 0.000 - 3,381 1-1-21 3,381 0.000 - 3,381 7-1-21 3,381 0.000 - 3,381 1-1-22 3,381 0.000 - 3,381 7-1-22 3,381 0.000 - 3,381 1-1-23 3,381 0.000 - 3,381 7-1-23 3,381 0.000 - 3,381 1-1-24 3,381 0.000 - 3,381 7-1-24 3,381 0.000 - 3,381 1-1-25 3,381 0.000 - 3,381 7-1-25 3,381 0.000 - 3,381 1-1-26 3,381 0.000 - 3,381 7-1-26 3,381 0.000 - 3,381 1-1-27 3,381 0.000 - 3,381 7-1-27 3,381 0.000 - 3,381 1-1-28 3,381 0.000 - 3,381 7-1-28 3,381 0.000 - 3,381 1-1-29 3,381 0.000 - 3,381 7-1-29 3,381 0.000 - 3,381 1-1-30 3,381 0.000 - 3,381 7-1-30 3,381 0.000 - 3,381 1-1-31 3,383 0.000 - 3,383 Totals $ 138,623 $ - $ 138,623 See Auditors' Report on Supplementary Information -55- East Valley Water District Supplementary Information Statement of Net Assets Comments As of June 30, 2010 CURRENT ASSETS Current assets are discussed in detail as shown below: Cash Cash consisted of the following: Office cash funds: Petty cash fund $ 1,000 Cashier's fund 750 Citizens Business Bank - flexible spending 6,564 Citizens Business Bank - checking 242,830 Citizens Business Bank - Arroyo Verde 56,058 Local Agency Investment Fund 3,516,638 Cash held for certificate of participation funds 480,585 Citizens Business Bank - money market 1,010,103 Total cash funds available 5,314,528 Less cash restricted for: Certificate of participation funds - COP repayment 480,585 Customer deposits 1,659,933 Construction deposit 137,050 Arroyo Verde Assessment District 56,058 Total cash funds available 2,333,626 Unrestricted cash $ 2,980,902 Investment in debt securities Investments consist of the following: Certificate of participation funds - COP repayment $ 3,058,255 Accounts receivable, net Water and sewer accounts receivable at June 30, 2010, consisted of the following: Accounts receivable $ 1,376,697 Less: Allowance for uncollectible accounts (10,895) $ 1,365,802 Interest receivable Interest receivable at June 30, 2010, consisted of the following: Local Agency Investment Fund $ 5,141 Investments in debt securities 9,070 Money market funds 94 COP installment payment funds 7 $ 14,312 See Auditors' Report on Supplementary Information -56- East Valley Water District Supplementary Information Statement of Net Assets Comments As of June 30, 2010 CURRENT ASSETS (continued) Other receivables Other receivables at June 30, 2010, consisted of the following: Developers and others $ 155,495 City Creek 32,221 North Fork 3,859 AVAD 30,013 $ 221,588 Inventory - average cost The inventory at June 30, 2010, consisted of the following: Water pipe, fittings, valves, etc. $ 856,905 Meters 37,730 Treatment plant 70,540 Office supplies 4,562 Automotive parts 5,740 $ 975,477 Prepaid expenses and deposits Prepaid expenses and deposits at June 30, 2010, consisted of the following: Prepaid insurance $ 23,720 Miscellaneous expenses and deposits 106,666 $ 130,386 NONCURRENT ASSETS Capital assets A schedule of the changes in Capital Assets for water and sewer are shown in Schedule Three. Construction in progress Construction in progress, consisting of Utility Plant additions, which were incomplete at June 30, 2010, is shown below: Water Department: Plant 24 design storm drain $ 22,595 Plant 24 pumping equipment rehabilitation 32,826 Plant 27 pumping equipment rehabilitation 51,252 Plant 40 booster design and construction 2,096 Plant 134 treatment upgrade and expansion 1,764,523 Plant 147 rehabilitation 38,141 Developers projects 215,968 Water Treatment Plant (150) design and construction 1,825,125 Greenspot Rd. water treatment plant 24,246 See Auditors' Report on Supplementary Information -57- East Valley Water District Supplementary Information Statement of Net Assets Comments As of June 30, 2010 NONCURRENT ASSETS (continued) Construction in progress (continued) Water Department (continued): Harlan Ln. pipeline replacement $ 7,957 Main replacement - Live Oak Rd. 9,943 Santa Ana River discharge 206,057 Eastwood Farms Mutual Water 112,529 GIS System implementation 457,703 Facility relocations - other governmental projects 64,275 Leasehold improvements (administration) 39,852 Total water department $ 4,875,088 Sewer Department: Sewer system management plant GAP analysis $ 142,662 Conejo sewer replacement 96,232 GIS 50 Total sewer department 238,944 Total construction in progress $ 5,114,032 Assessments receivable Assessments are being collected from property owners within the Arroyo Verde Assessment District to repay State revolving fund loans used to finance water facility improvements within the assessment district $ 83,188 Deferred charges The deferred financing charges are additional costs incurred for the Certificates of Participation and are being amortized over 20 years. Amortization of these charges during 2009-2010 was as follows: Beginning balance $ 127,566 Less: 2009-2010 amortization (31,795) Ending Balance $ 95,771 The District has incurred incremental direct costs paid to third parties in originating lease arrangements. These costs are being amortized over the lease term of 30 years. Amortization of these costs during 2009-2010 is as follows: Beginning balance $ 49,051 Less: 2009-2010 amortization (4,265) Ending Balance 44,786 Total deferred charges $ 140,557 See Auditors' Report on Supplementary Information -58- East Valley Water District Supplementary Information Statement of Net Assets Comments As of June 30, 2010 CURRENT LIABILITIES Current liabilities consisting of accounts payable, accrued liabilities, accrued interest payable, deposits, Certificates of Participation and notes payable, are discussed below: Accounts payable Trade accounts payable at June 30, 2010 $ 1,904,463 Accounts payable - other Accounts payable - other at June 30, 2010, consisted of the following: Metropolitan Water District of Southern California $ 282,561 Other accounts payable, net (debit balance) (841) $ 281,720 Accrued payroll and benefits Accrued payroll and benefits at June 30, 2010, consisted of the following: Accrued payroll and benefits $ 1,368,261 Accrued pension expense 34,685 $ 1,402,946 Accrued payroll and benefits consist of accrued payroll, payroll taxes, deferred compensation, employee benefits, and pension. Accrued interest payable Accrued interest payable at June 30, 2010, consisted of the following: 1955 water revenue bonds $ 829 1957 general obligation bonds 211 1966 water revenue bonds 5,435 2001 certificate of participation 22,886 2004 project installment sale note 121,017 2006 project installment sale note 86,108 $ 236,486 Current portion of long-term debt Current portion of long-term debt at June 30, 2010, consisted of the following: 2001 certificate of participation $ 785,000 2004 project installment sale note 405,003 2006 project installment sale note 220,393 DWR Arroyo Verde Construction Loan 6,762 $ 1,417,158 See Auditors' Report on Supplementary Information -59- East Valley Water District Supplementary Information Statement of Net Assets Comments As of June 30, 2010 LIABILITIES PAYABLE FROM RESTRICTED ASSETS Customer service deposits At June 30, 2010, customer service deposits amounting to $1,659,933 were held by the District to secure payments of water sewer charges. Construction deposits At June 30, 2010, manhole and inspection fee deposits of $137,050 were held by the District as security against improper construction of manholes and water and sewer lines. These deposits are refunded to contractors once the construction is deemed satisfactory. LONG-TERM DEBT Schedule Six sets forth the future annual payments of the certificates of participation and notes payable. See Auditors' Report on Supplementary Information -60- East Valley Water District Supplementary Information Water Department - Operations For the Year Ended June 30, 2010 WATER OPERATIONS The fiscal period ended June 30, 2010 was the fifty-sixth full year of operation for the District. The year’s operations are shown in the Statements of Revenues, Expenses and Changes in Net Assets. A comparative summary of water revenue and connection charges, by month, is shown below: 2008 - 2009 2009 - 2010 Billed Billed Month Connections Revenue Connections Revenue July 21,801 $ 1,493,304 21,955 $ 1,598,548 August 21,730 1,622,098 21,941 1,740,629 September 21,736 1,504,384 21,973 1,655,797 October 21,778 1,432,757 21,950 1,472,112 November 21,696 1,235,151 21,920 1,227,283 December 21,761 1,042,389 21,965 1,068,140 January 21,805 1,012,847 21,891 963,614 February 21,708 876,620 21,989 746,476 March 21,789 874,612 21,988 780,200 April 21,719 1,161,897 21,892 1,086,022 May 21,765 1,354,426 21,925 1,130,565 June 21,806 1,404,923 21,998 1,384,037 2009 Restatement (Note 11) (282,560) - Totals $ 14,732,848 $ 14,853,423 The rate charged to customers for water consumption for the years end June 30, 2010 and 2009 was $1.35 per hundred cubic feet (HCF). Monthly meter charges and installation charges in effect during the year were as follows: Flat rate monthly Water Connection Size of service meter charge Charge 3/4" $ 10.45 $ 5,401 1" 14.63 7,626 1-1/2" 18.81 15,617 2" 30.30 22,369 3" 114.94 43,469 4" 146.29 71,151 6" 219.44 136,117 8" 303.04 226,983 See Auditors' Report on Supplementary Information -61- East Valley Water District Supplementary Information Sewer Department - Operations For the Year Ended June 30, 2010 SEWER OPERATIONS The fiscal period ended June 30, 2010 was the fifty-second full year of sewer operations for the District. The year’s operations are shown in the Statements of Revenues, Expenses and Changes in Net Assets. A comparative summary of sewer tolls revenue, by month, is shown below: 2008 - 2009 2009 - 2010 Billed Billed Month Connections Revenue Connections Revenue July 19,366 $ 785,060 19,469 $ 823,010 August 19,312 802,469 19,473 843,175 September 19,301 788,458 19,493 836,214 October 19,309 762,282 19,477 808,565 November 19,268 723,232 19,504 755,442 December 19,301 706,549 19,508 743,600 January 19,409 747,949 19,256 727,941 February 19,270 703,427 19,259 676,643 March 19,347 707,152 19,221 686,309 April 19,288 759,088 19,218 746,934 May 19,329 777,220 19,278 744,749 June 19,370 776,272 19,289 781,718 Totals $ 9,039,158 $ 9,174,300 The District’s sewer system is connected to main lines leading to the Sewage Disposal Plant operated by the City of San Bernardino. The District pays the City for the treatment of the District's sewage. Under the current agreement, the City and the District agreed to a uniform regional sewer rate. A summary of payments over the previous ten years is shown below: Total customer Payments Fiscal year billing to City 2000-01 $ 5,885,051 $ 4,396,629 2001-02 5,991,709 4,495,040 2002-03 6,085,516 4,557,909 2003-04 6,622,588 4,771,339 2004-05 7,423,533 5,288,212 2005-06 7,733,908 5,473,390 2006-07 8,139,600 5,607,172 2007-08 8,505,060 5,561,831 2008-09 9,039,158 5,631,258 2009-10 9,174,300 5,665,046 Monthly residential sewer rates in effect during the year ended June 30, 2010 were as follows: West of City Creek $ 26.09 East of City Creek 28.09 Sewer connection charges in effect during the year ended June 30, 2010 were as follows: Permit charge $ 25.00 / connection Inspection charge 75.00 / connection Connection charge 645.00 / EDU or portion thereof Trunk sewer charge 158.00 / EDU or portion thereof