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AP 11-07-02SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, November 7, 2002 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Robert G. Baer, Duane Wallace, President Cathie Becker, Director BOARD MEMBERS Richard James R. Jones, Vice President Eric W. Schafer, Director CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE COMMENTS FROM THE AUDIENCE (Short non-agenda items that are within the subject matter jurisdiction of the District. Five minute limit. No action will be taken.) CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR (Any item can be discussed and considered separately upon request.) CONSENT ITEMS BROUGHT FORWARD FOR ACTION I DISCUSSION REQUEST TO APPEAR BEFORE THE BOARD (Action will be taken on this item.) a. Robert Silva, 905 San Jose Avenue, South Lake Tahoe, CA, APN 26-047-23-003-01 re: Liability Claim Submitted for Damage to Private Sewer Lateral Staff Recommends Rejection of the Liability Claim in the Amount of $3,648.98 ITEMS FOR BOARD ACTION Sewer Service for Deanne Hooper and Steve Castle (Lisa Coyner) REQUESTED BOARD ACTION Approve Two Sewer Connections Each for Hooper and Castle to One Common Sewer Lateral REGULAR BOARD MEETING AGENDA - NOVEMBER 7, 2002 PAGE - 2 10. 11. 12. 13. Natural Gas Purchase Agreement (Ross Johnson) (1) Authorize Exception to Bidding Procedures as Outlined in the Purchasing Policy for Special Circumstances/Sole Source Purchases; and (2) Approve Entering into Natural Gas Purchase and Sales Contract with IGI Resources, Inc., in an Estimated Amount of $70,000 Consolidation of Agreements Between STPUD and Alpine County (Hal Bird) Alpine County Contract (Duane Wallace) Approve Consolidation of the Alpine County Contract Agreement and Five Amendments Direct Staff Regarding Position Letter to Hubert Bruns re: Potential Request to Dis- charge of Untreated Sewage into District Export Pipeline Payment of Claims Approve Payment in the Amount of $1,341,974.65 BOARD MEMBER COMMITTEE REPORTS a Executive Committee (Wallace / Jones) b. Finance Committee (Wallace / Schafer) c. Water & Wastewater Operations Committee (Jones /Becker) d. Planning Committee (Mosbacher / Schafer) BOARD MEMBER AD HOC COMMITTEE REPORTS a. Legislative Ad Hoc Committee (Wallace / Jones) EL DORADO COUNTY WATER AGENCY PURVEYOR REPR_FSFNTATIVES REPORT BOARD MEMBER REPORTS GENERAL MANAGER/STAFF REPORTS NOTICE OF PAST AND FUTURE MEETINGS/EVENTS Past Meetincls I Events 10~28~02 - Finance Committee Meeting 10/28/02 o Local CEOs Meeting 10/30/02 - El Dorado County Water Agency Special Board Meeting 10/30/02 - Operations Committee Meeting re: Admin. Building Needs 11/07/02 - Finance Committee Meeting REGULAR BOARD MEETING AGENDA - NOVEMBER 7, 2002 PAGE - 3 Future Meetinqs / Events 11/11-15~02 - District Representatives to Washington D.C. 11/13/02 - 8:00 A.M. - Employee Communications Committee Meeting at District Office 11/15/02 - American Groundwater Trust & Ca. Bar Assoc., Natural Resources Legal Issues 11/18/02 - 4:00 P.M. - Operations Committee Meeting at District Office 11/19-22/02 - ACWA Fall Conference in Anaheim 11/19/02 - 9:00 A.M. - Alpine County Board of Supervisors Regular Meeting in Markleeville 11/19~02 - 1:30 P.M. - Lake Tahoe Transportation and Water Quality Coalition meeting at League to Save Lake Tahoe Office 11/19/02 - 6:00 P.M. - City of SLT Regular Council Meeting at City Council Chambers 11/21/02 - 2:00 P.M. - STPUD Regular Board Meeting at City Council Chambers 14. CLOSED SESSION a. Pursuant to Government Code Section 54956.95/Liability Claim received from Al Lenzini b. Pursuant to Government Code Section 54956.9(a) Conference with Le.qal Counsel- Existinq Litiqation: STPUD v. John Breese Mumford, et. al. El Dorado County Superior Court Case No. SC20020030 c. Pursuant to Government Code Section 54956.9(a)/Conference with Le,qal Counsel- Existin.q Liti.qation: F. Heise Land & Live Stock Company vs. STPUD and Does 1 throu.qh 10, Inclusive; Alpine County Superior Court Case No. C18644 d. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existinq Litiqation: STPUD vs. F. Heise Land & Live Stock Company Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc. CIV. S-02-02.~ MLS JFM United S~.a[es District Court for the ~_a~tem District of Califomia, Sacramento. CA e. Pursuant to Government Code Section 54956.9(a)/Conference with Le.qal Counsel- Existin~ Liti.qation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defenda.~.s, Civil Action No. S-01-1520 LKK GGH, United States District Court for the E=s{ern District of Califomia Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators Agency Ne.qotiators - Board of Directors; Employee O~.qanization - Represented and Unrepresented Employees Pursuant to Government Code Section 54956.9(a)/Conference with Leqal Counsel- Existin~ Liticlation: STPUD vs. Lakeside Park Association, et al, County of El Dorado, Superior Court Case No. SC20010165 REGULAR BOARD MEETING AGENDA - N.~.OVEMBER 7, 2002 15. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16. .ADJOURNMENT (To the next regular meeting, November 21, 2002, 2:00 p.m.) PAGE-4 The South Tahoe Public Utility Distdct Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the District office dudng the hours of 8:00 a.m. - 5:00 p.m. Monday through Friday. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public headngs will not be called to order pdor to the time specified. Participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard; comments should be bdef and directed to specifics of the item being considered. Comments on items not on the agenda can be heard dudng "Comments from the Audience;" however, action cannot be taken on items not included on agenda. Please provide the Clerk of the Board with a copy of all written material presented at the meeting. · phone 530.544.6474 · Facsimile 530.541.0614 South Tahoe Public Utitity District · 1275 Meadow Crest Onve, South Lake Tahoe, CA 96150 · AGENDAITEM SOUTH TAHOE PUBLIC UTILITY DISTRICT · 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 · · Phone 530.544.6474 · Facsimile 530.541.0614 · REQUEST TO APPEAR BEFORE THE BOARI') Name: Robert Silva Street Address: 905 San Jose Avenue, South Lake Tahoe, CA 96150 Mailing Address: 4121 Reqal Court, San Jose, CA 95127 Phone No.: 408 258-7266 or 408 674-4049 Date: 10/30/02 Date I wish to appear before Board: 11/07/02 I have discussed this matter with a member of District staff: NoYes X If "yes": Name/Department of District contact: Lisa Coyner, Tim Rieger Staff Comments: Staff recommends rejection of liability claim in the amount of $3,648.98. Claimant submitted a claim for the damage to his private sewer lateral he believes was caused by faulty pipe installation in 1966 in the amount of $3,648.98. District Inspector Tim Rieger inspected the sewer lateral from the property line to the public main and found some defects which may have been caused by faulty installation in 1966. The District authorized Pedersen Underground to replace the lateral in the public right-of-way and the District has paid for these costs. Administrative Code Section 4.7.2 states that "sewer lateral shall be maintained by the owner of the property severed thereby" and Section 4.7.5 states that "if a stoppage is proven to be caused by faulty pipe installation or faulty pipe of the sewer lateral line between the main line and the nearer property line, the District will pay for the repairs." Aisc, Government Code 821.4 provides for immunities for inspections by public entities. It is the position of the District that the Administrative and Government Code prevents the District from further reimbursement. Customer Comments: a. I assume that each of the Board Members has a copy and has also read my claim request and its details. b. In 1966 STPUD mandated that homeowners in the South Lake Tahoe basin come off their septic tanks and go on to the STPUD sewer line. c. No homeowner in the South Lake Tahoe basin could, nor can they now, link their sewer lateral to STPUD's main line without STPUD's inspection and approval of the total lateral, to see that it meets their current standards. Request to Appear Robert Silva Page 2 d. On August 31, 1966, STPUD inspectors approved the faulty installation of the sewer lateral from the cleanout in the back of the building at 905 San Jose Avenue to the connection with the main sewer line in the street (there being no vertical cleanout at the front edge of the property). e. Following this approval, the septic tank on the property was approved for covering and liming. f. Lisa Coyner's letter of October 15 did not mention that Tim Rieger did initially see the first part of the faulty sewer lateral installation at the back of the property, prior to uncovering the complete sewer lateral to the middle of the street. When Tim Rieger inspected the portion of the lateral in the street, he understood also from Mr. Pedersen (Pedersen Underground) and Jay Bryan (Bryan Company) that the faulty sewer lateral installation in the street was the same as what he had seen at rear of the property. g. I don't believe that the Administrative Code Section 4.7.5 indicating STPUD/Owner responsibilities was put in place to absolve STPUD of responsibility for approving faulty sewer lateral installations on or off homeowners property. As a result of the administration of STPUD's 2002 sewer lateral pressure check requirements, there is an immediate shift of financial burden to South Lake Tahoe basin homeowners. h. California Government Code 821.4 appears to provide some immunities for STPUD inspections, but it also puts an unfair burden on South Lake Tahoe basin homeowners, who have no understanding whether a STPUD approved sewer lateral was properly or improperly installed on their property. Fudher, it is a given, that sewer laterals for all homes in the South Lake Tahoe basin that were originally installed and not subject to air pressure checks may not pass this new 2002 STPUD Administrative requirement. In addition, I question whether the STPUD sewer mains, and especially on San Jose Avenue have passed the new required pressure check. My point is that the application of STPUD's 2002 sewer pressure check program currently makes it unfair to homeowners. i. The new 2002 program that requires air pressure checks on sewer laterals for remodels and new construction only discriminates against those two classes of property owners, as no other homeowners have that same requirement. It also nibbles at the issues of health, safety, and improved lake clarity within the South Lake Tahoe portion of the basin, rather than solving STPUD's portion of those issues. j. The new STPUD sewer lateral pressure check program when expanded will exert an undue financial pressure on homeowners at the time of the pressure check and failure (due to STPUD's application of their present Administrative Codes 4.7.2, 4.7.5 and California Government Code 821.4). Request to Appear Robert Silva Page 3 9. Action I am requesting Board take: a. I have incurred damages in the amount of $3,684.98 and request a waiver from the current application of Administrative Code 4.7.2, 4.7.5 and California Government Code 821.4, and a reimbursement for those costs. b. The new 2002 Sewer Lateral Air Pressure Check program should be financed through a rate adjustment for this new 2002 requirement and not saddle homeowners with new, potentially large financial burdens, for sewer laterals that were installed, approved, and not subject to air pressure checks during the initial installation. Through a rate adjustment, the program could be administered over time to handle operating costs of the program as well as any required repairs to sewer laterals. This rate could be adjusted down as all homes in the South Lake Tahoe basin have passed the required pressure checks. c. The Administrative Code and program should account for some negotiated settlement for STPUD approved faulty installation, when it occurs on a particular homeowner's piece of property that doesn't pass the new 2002 STPUD sewer lateral pressure check require- merit. NOTE: COMPLETION OF THE ABOVE INFORMATION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE. So th Tahoe Public Utility District Cathie Becket James I~ Jones Macy Lou Moebacher Ouane Wallace Eric 5chafer 1275 Meadow Crest Drive. South Lake Tahoe, · CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 October 15, 2002 Mr. Robert Silva 4121 Regal Court San Jose, CA 95127 Re: 905 San Jose Avenue South Lake Tahoe, CA APN: 26-047-23-003-01 Dear Mr. Silva: I am in receipt of your claim dated October 8, 2002 and received by the South Tahoe Public Utility District (District) on October 9, 2002. I have discussed the claim at length with Tim Rieger, Inspection Supervisor. Mr. Rieger confirmed that he had inspected the sewer lateral from the property line to the public main and found some defects which may have been caused by faulty installation by the District contractor who installed the sewer lateral in 1966. Mr. R/eger authorized Pedersen Underground to replace the lateral in the public right-of-way and submit the bill to us for payment. The District has paid Pedersen Underground for this work. However, the Administrative Code Section 4.7.2 states that "sewer laterals shall be maintained by the owner of the property served thereby" and Section 4.7.5 states that "ifa stoppage is proven to be caused by faulty pipe installation or faulty pipe of the sewer lateral line between the main line and the nearer property line, the District will pay for the repairs". The South Tahoe Public Utility District determined that your sewer lateral could not hold pressure when tested due to faulty pipe installation and has paid Pedersen Underground for that portion from the main line to the property line. Due to Administrative Code restrictions, the District cannot reimburse you for that portion of the work done to your sewer lateral on your private property. Furthermore, California Government Code 821.4 and any other applicable codes provide immunities for inspections by public entities. Silva/Page two (2) Staff will recommend that the Board of Directors reject your claim at the November 7, 2002 Board meeting, City. Council Chambers, 1900 Lake Tahoe Boulevard, 2:00pm. You are certainly welcome to attend and express your views directly to the Board at that time, or communicate with the Board in writing prior to the meeting. Please contact Ms. Kathy Sharp, Clerk of the Board, at 544-6474, extension 203, if you intend to appear. I am happy to discuss this further with you. Please call me at any time at (530) 544-6474, extension 221. Sin~'erely, Lisa M. Coyne~J ' Customer Service Manager cc: Tim Rieger, Inspection Supervisor file Date Claim Received by South Tahoe Public Utility District RECEIVED BY LISA M. COYNER OCT 0 9 2802 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (530) 544-6474 (530) 541-0614 (fax) Name of Clain~ant Physical Address of Claima**t Mailing Address of Claimant City and State qoy.~?¥.¢~q? ¢¢~*?/h ~ ~-,~ .cf'- _'-2.2/~ ~ Telephone Number Circle One: ~ Tenant Other (Explain) .When did damage or injury occur: (Give exact date and hour). Where did damage or injury occur? How did damage or injury occur? Give full details; add supplemental sheets, if required. RECEIVED BY LISA M. COYNER OCT 0 9 2902 What particular act or omission on the part of the District's officers or employees caused the injury or damage? What damaqe or iniuries do you claim resulted? Please indicate the dollar amount of ail damages that you are c!aiming. (Include the estimated amount of any prospective injury or damage.) If this is a claim for indemnity, on what date were you served with underlying lawsuit? (Please attach proof of service.) 8. Names and addresses of witnesses, doctors, and hospitals. Date Claimant S~gnature Notice Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, of district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill account, voucher, or writing, is punishable eider by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dolla~s (Sl,O00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand ($10,000), or by both such imprisonment and fine. (Emphasis added) Section 911.2 of the Government code states that a claim relating to a cause of action for death or for injury to a person or to personal property or growing crops shall be presented ... not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented ... not later than one year after the accrual of the cause of action. Section 911.4 provides that with respect to a claim not timely filed, a written application may be made to the public entity for leave to present this claim and that such application shah be presented within a reasonable time not to exceed one year after the accrual of the cause of act[on. The claim must be attJi~i~f.~tCE~y application. LISA M. COYNER October 8, 2002 Subject: Claim For STUPD Inspection And Approval Of Faulty Pipe Installation On August 27, 2002, the sewer pipe at 905 San Jose Ave in South Lake Tahoe was pressure-checked at the direction of STUPD and my contractor Jay Bryan (Bryan Company of South Lake Tahoe). It is important to note that in 1966 it was mandated by STUPD that home owners come off their septic tank and go on to the STUPD sewer line; and, 905 San Jose was converted. The sewer Tran site line, with faulty installation was final approved on August 31, 1966 by STUPD, at the same time that STUPD approved the covering and liming of the septic tank. DETAIL: When the sewer pipe did not hold the required pressure, my contractor and his workers as well as outside services uncovered the sewer pipe. They discovered that the original sewer pipe installation (August 31, 1966) was faulty (some of the pipe was not coupled, part of the pipe broken and not connected, gaps where sealing should have occurred if coupled properly) from the only cleanout, which was located in the back of the building. There was no vertical cleanout at the street edge of the property. Tim Reiger from STUPD came to inspect and saw the faulty installation in the back of the property near the cleanout and advised that the pipe should be completely uncovered and repaired or replaced until it held the required pressure. This was accomplished. When the sewer pipe was checked to the street edge of the property and held pressure, the line was then checked to the main sewer line in the middle of the street. This part of the line had the same faulty pipe installation, including the sewer line possibly being cracked by the water main that was installed several years ago on San Jose Ave. It appears that (Chris Spivd) was the contractor who installed the line from the cleanout in back of the building, all the way to the main sewer line. At this time I am not able to determine if Chris Spivd was the same contractor who had the contract with STUPD to install the main sewer line on San Jose Ave during 1966. In recognition of the faulty pipe installation from the property line to the main sewer line, STUPD has agreed to pay the costs incurred to uncover and replace that part of the line. However, as a result of faulty installation from the cleanout at the back of the building to the edge of the property (new vertical cleanou0 and STUPD's inspection Page 1 RECEIVED EY LISA M. C©YNEP OCT 0 2002 and approval of this faulty installation on the property, I have incurred damages in the amount of $3,684.98 for work completed on the property at 905 San Jose, that I feel I am not responsible for and, I feel that STUPD contributed to this situation and should reimburse me for those costs. Robert R. Silva Page 2 RECEIVED BY LISA M. COYNER OCT 2002 1 I�11 HSouth Tabce U, SEP 26,P2002, 11:18 AM 09/26/02 P A.YMENT OF - -req: I AS -- 1 : GL -1cc: CNSI'lE --- -]caps 258835 # 36836- - -prog: X000 <1.007> - -r002 id: PC Eefault Selection: Check Stook ID: AP ; Check Types: M',H'',RV,VH Uembr Natte Account # Departrrent CNE CN CNE PAC PAULINE CO PACIFIC BELL PACIFIC BELS. /W3RT_DCCM PARSWS PEA PARIS EN3INEERIM3 CZ) t a riptioi Pmxnt Check # 'TYPe 10 -37 -4840 INpcg ATTCN SYSTEMS 10 -00 -0428 C NERAL & ALHNNISTRATICN 10 -37 -4830 INEC ENATICN SYSTEMS 20 -37 -4830 INFCRAATICN SYSTEMS 10 -06 -6041 OPERATICLE 10-00-6310 GENERAL & ALMINISIRATTCN 20 -00 -6320 GENERAL & AUv1INISIRATIC J 10 -00 -6310 GENERAL & AUvIINISTRAI'TCN 10 -02 -6310 RTES 10 -05 -6310 EIIMMlERT REPAIR 20 -05 -6310 EJJIPM2VT REPAIR. 10 -21 -6310 ALMENISIRATTCN 20 -21 -6310 AUVUNISTRATICN 10 -39 -6310 FINANCE 20 -39 -6310 FINANCE 10 -28 -8285 ALPINE CS4NIY 10 -29 -8828 FIRM 10 -04 -6023 HEAVY n 1 rs f ; SENT L EMSRala) PAV1I3 20 -01 -4520 UMDERGR ND REPAIR DISTRICT aMPUIER SUPPLIES OEFICE SUPPLIES INVENTORY Check Total: SUBSCRIPTICNS Ems' SUESCRIPII IVS EXPENEE Tbtal: BUILDINGS DINGS Check Tbtal: 1ECEP1 13E SIGNAL CHARCES Check Tbtal TELEPHONE TFT FFY-TWE oe TELEPHONE =I M FF' Check Tbtal : AT PINE CNPY MSSIER PLAN BL NE FES III LPPS- N Check Tbtal: FLLTER Check Tbtal: MCPC' LIABILITY GAINS Fri- I D S 68.14 496.71 1,140.39 00051321 M4 83.40 55.60 139.00 00051322 Ma 654.23 654.23 00051323 VW 248.06 31.92 279.98 00051325 M^1 961.15 29.06 7.33 7.33 10.82 7.2] 9.31 6.20 00051324 Ma 841.67 10,774.93 11,616.60 00051326 MJ 75.79 75.79 00051327 NL_- 3,451.77 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Lisa Coyner, Customer Service Manaqer RE: BOARD MEETING November 7, 2002 AGENDA ITEM: ACTION ITEM NO: ? .~ CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: SEWER SERVICE FOR DEANNE HOOPER AND STEVE CASTLE REQUESTED BOARD ACTION: Approve two sewer connections each for Hooper and Castle to one common sewer lateral DISCUSSION: _On September 5, 2002, the Board of Directors agreed to waive Administrative. Code Section 4.3.2 to allow for the connection of two ro erties owned b DeAnne Hoo er and ~and Castle executin an ~f twasoriinall assed b the Board that two sewer connections be allowed to dischar e into one common sewer lateral. Staff would like to amend revious Board action to allow for a total of four sewer connecti°ns into one common sewer lateral. DeAnne Hoo er resentl has two houses on her roe that are on holdin tanks and Steve Castle has one house with lans to build a second house on his ~t to the execution of an ~ reviewed b District counsel. SCHEDULE: COSTS:_ ACCOUNT NO:. BUDGETED AMOUNT REMAINING: ATTACHMENTS: ~le dated October 29 2002 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: Y ES_ ~:~??'- NO CHIEF FINANCIAL OFFICER: YES~,c~-,~I~O CATEGORY: GENERAL_ WATER. SEWER. X Sent: To: Cc: Subject: jgstcastle [jgstcastle@prodigy. net] Tuesday, October 29, 2002 8:40 PM Gary M Kvistad De-Anne Hooper; jmengshol@attbi.corn; Jay Kniep; Icoyner@stpud.dstca.us RE: STPUD/Hooper & Castle Mr. Kvistad, Our plans have not changed. We have always intended to connect 4 homes to the sewer system we have designed (two on Hooper's property & two on ours). Three of these homes already exist and are currently on holding tanks. The fourth home is a new design that we have proposed to TRPA on our property. The new home would be the main house on our property and the existing home would be used as a guest home. This is why we reserved 14 sewer units for transfer to this project. I apologize for not clearly articulating this to the STPUD staff. I do wish to have our request reconsidered by the STPUD Board of Directors. If this is possible at the November 7th meeting I would be very appreciative. If you, the STPUD Staff, or Board of Directors has any further questions please don't hesitate to call me at my office in Carson City. Best regards, Steve Castle 775-883-9226 x229 ..... Original Message ..... From: Gary M Kvistad [mailto:GKvistad@HatchParent-c°m] Sent: Tuesday, October 29, 2002 1:59 PM To: 'John Mengshol' Cc: ,lcoyner@stpud.dst.ca-us' Subject: RE: STPUD/Hooper & Castle John, This message is a follow-up to our earlier conversation regarding the number of connections per lot. Hooper and Castle need to let us know the number of connections they want for their respective lots. As I mentioned to you before, the board meeting is next week on Nov. 7th. The items for the board agenda need to be completed by tomorrow. At this point, the District does not have any specific request so nothing has been placed on the agenda. Let me know where they are at on this matter or they can contact Lisa Coyner by sending the request directly to her. Thnak you. Gary SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Ross Johnson, Manager of Wastewater Operations RE: BOARD MEETING November 7, 2002 AGENDA ITEM: ACTION ITEM NO: ? ,]~ CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: NATURAL GAS PURCHASE AGREEMENT REQUESTED BOARD ACTION: (1) Authorize exception to bidding procedures as outlined in the Purchasinq Policy for Special Circumstances/Sole Source Purchases; and (2) Approve entering into Natural Gas Purchase and Sales Based Contract, with IGI Resources, Inc., in an estimated amount of $70,000 DISCUSSION: The District is eligible to pumhase natural gas at wholesale prices as a "transportation customer" until the sludge incinerator is placed into standby status in about six months. Once the incinerator is shut down, the District's natural gas purchases will be too small to qualify as a transportation customer, and gas will be purchased throuqh Avista Utilities at tariff rates. The District has been purchasing gas from IGI Resources, Inc., for the last four years. Extendinq the contract with IGI Resources, Inc. for six more months is expected to reduce cost over Avista's tariff rates. Staff has been unable to locate any other qas broker willing or able to deliver to Tahoe. SCHEDULE: COSTS: $70,000 (estimated) BUDGETED AMOUNT REMAINING: $233,519 A'I-rACHMENTS: Natural Gas Purchase Contract ACCOUNT NO: 1000-6350 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YE _S..j~_ ~ ~..~- NO CHIEF FINANCIAL OFFICER: yE~lCc/--~b,v,.~¢,,--,~,,~O CATEGORY: GENERAL WATER SEWER X IGI RESOURCES, INC. NATURAL GAS PURCHASE AND SALES BASE CONTRACT IGI RESOURCES, INC. and SOUTH TAHOE PUBLIC UTILITY DISTRICT agree to the purchase and sale of natural gas as follows: BUYER SELLER South Tahoe Public UtiliW District IGI Resources, Inc. Duns # Duns # 19-429-0953 Contract # Contract # S-1159 Arm: Ross Johnson Arm: Stephen S. McCandlish Phone: (208) 395-0500 Fax: (208) 395-0530 Federal Tax ID Number: 82-0401137 Invoices and Payments: PO Box 6488 Phone: (916) 544-6474 Fax: (916) 541-0614 Federal Tax ID Number: Invoices and Payments: 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Attn: Ross Johnson Phone: (916) 544-6474 Fax: (916) 541-0614 Wire Transfer or ACH Nos. (if applicable) I. Boise, ID 83707-6488 Attn: Amber Seibert Phone: (208) 395-0562 Fax: (208) 395-0536 Wire Transfer or ACH Nos. (if applicable) II. The TERM of this Base Contract shall begin as of November 1, 2002 as described in Section 12 of the General Terms and Conditions. FUEL MANAGEMENT SERVICES - shall be [] (see attached Exhibit A) shall not be [] provided and a Service Fee of $ N/A per MMBTU shall be payable to the Seller throughout the Term hereunder. Tais Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas. The parties hereby agree to the following provisions offered in said General Terms and Conditions (select only one from each box, but see "Note" relating to Section 2.1.): Exhibit C [] Individual Balancing Agreement [] Pool [] 2 Business Days after receipt (default) [] Business Days after receipt []Seller [] Buyer [] Section 1.2a Confirm Deadline Section 1.2b Confirming Party Section 3.2 [] Cover Standard Performance Obi. [] Spot Price Standard Note: The folloveing Spot Price Publication applies to both of the irnmediately preceding Standards and must be filled in after a Standard is selecte~ Section 2.1 Spot Price Publication: Gas Daily (the price listed under the column "Midpoint" in the table "Daily Price Survey" for the relevant geographical location.) Section 7.1 [] Invoice based on Consumption Invoice Basis [~l Invoice based on Deliveries Section 7.2 20th date of Month following Payraent Date Section 7.2 Method of Payment Month of delivery [] Wire Transfer (WT) [] Automated Clearinghouse (ACH) [] Check Section 13.5 VENUE AND CHOICE OF LAW: [] Special Provisions: Number of sheets attached: 1 IN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate. SOUTH TAHOE PUBLIC UTILITY DISTRICT I~3I RESOURCES, INC. BUYER ~ ~ SELLER By By , Namo:'" ( Stephen S. McCandlish Name T, flT~: Vice President Title Date Date: October 15, 2002 IGI RESOURCES, INC. 701 MORRISON-KNUDSEN DRIVE, SUITE 300 PO BOX 6488 BOISE, ID 83707-6488 GENERAL TERMS AND CONDITIONS FOR SALE AND PURCHASE OF NATURAL GAS TABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 - PURPOSE AND PROCEDURES ................................................................... 1 2 - DEFiNITiONS ................................................................................... - PERFORMANCE OBLIGATION ..................................................................... 4 -TRANSPORTATION, NOMINATIONS AND iMBALANCES ............ , .................................. 5 - QUALITY AND MEASUREMENT .................................................................... 5 5 - TAXES ........................................................................................ - BILLING, PAYMENT AND AUDIT .................................................................... 6 - TITLE, WARRANTY AND INDEMN/TY ............................................................... 6 7 - NOTICES ..................................................................................... - FINANCIAL RESPONSIBILITY, DEFAULTS AND REMEDIES ............................................ 7 7 - FORCE MAJEURE ............................................................................. 7 - PRICE AND TERM .............................................................................. - MISCELLANEOUS ............................................................................. 8 8 - LIMITATIONS .................................................................................. SECTION 1. PURPOSE AND PROCEDURES 1.1 These General Terms and Conditions are intended to facilitate Transactions on a Firm or Interruptible basis. 1.2.a Any Transaction may be effected orally, electronically or in wdting with the offer and acceptance constituting the valid, binding and enforceable agreement of the parties. The paddes are legally bound from the time they agree to Transaction terms. Any such Transaction is considered a "writing" and to have been "signed". Notwithstanding the previous sentence, the parties agree that Confirming Party shall confirm a Transaction by sending the other party a Transaction Confirmation by facsimile or mutually agreeable electronic means by the close of the second Business Day subsequent to such Transaction being effectuated. Confirming Party adopts its confirming letterhead or the like as its signature on any Transaction Confirmation and as the identification and authentication of Confirming Party. 1.2.b if a Transaction Confirmation sent by Confirming Party is materially different from the other party's understanding of the agreement referred to in Section 1.2.a, that party shall give Confirming Party Notice cleady identifying such difference on Confirming Party's Transaction Confirmation and return the annotated Transaction Confirmation to the Confirming Party by the Confirm Deadline. The failure of the other party to so notify Confirming Party by the Confirm Deadline is further evidence of the agreement between the parties and constitutes the other party's acknowledgment that the terms of the Transaction described in Confirming Party's Transaction Confirmation are accurate. 1.2.c If the other party does not receive a Transaction Confirmation from Confirming Party by the deadline set out in Section 1.2.a, then the other party shall notify Confirming party by sending its own Transaction Confirmation by the close of the Business Day following the deadline set out in Section 1.2.a. If a Transaction Confirmation sent by the other party is materially different from Confirming Party's understanding of the agreement referred to in Section 1.2.a, Confirming Party shall give the other party Notice cleady identifying such difference on the other pady's Transaction Confirmation and return the annotated Transaction Confirmation to the other party by the Confirm Deadline. The failure of Confirming Party to so notify the other party by the Confirm Deadline is further evidence of the agreement between the parties and constitutes the Confirming Par~"s acknowledgment that the terms of the Transaction described in the other party's Transaction Confirmation are accurate. 1.2.d The entire agreement between the parties shall be those provisions contained in (i) an effective Transaction Confirmation, (ii) the oral, electronic or in writing agreement of the parties, (iii) the Base Contract, (iv) these General Terms and Conditions, and (v) any Exhibits attached hereto (collectively, the "Contract"). In the event of a conflict among the foregoing, the terms shall govern in the pdodty listed in the previous sentence. The parties agree that all Transactions entered into shall form a single integrated agreement between the parties and each Transaction shall be merged into the Contract. 1.3 Communications occurring via a telephone conversation may be recorded by either party and each party consents to same without further notice to, or consent from, the other party. Each party shall, to the extent required by applicable law, give notice to, and obtain consent from, each of its employees, contractors and other representatives who may have their communications recorded hereunder. Any recordings of communications relevant to a Transaction may be used as evidence in any legal, arbitration or other dispute resolution procedure, and the parties hereby expressly waive all rights to, and expressly agree not to, contest or otherwise argue against such use of any recordings relevant to the disputed Transaction. In the absence of a written Transaction Confirmation, recorded telephonic conversations shall be considered a "writing" and may be used as evidence of the Transaction. If a wdtten Transaction Confirmation exists, in the event of a conflict between the terms and provisions of the written Transaction Confirmation and a recorded phone conversation, the terms and provisions of the written Transaction Confirmation shall control to the extent of any such conflict. 1.4 Each party shall be entitled, upon reasonable request, to access the other party's recording(s), if any, associated with a disputed Transaction. 1 1.5 The parties hereby expressly waive all rights to, and expressly agree not to, contest any Transaction, or assert or otherwise raise any defenses or arguments related to any Transaction to the effect that such is not binding, valid or enforceable in accordance with its terms because either the employee(s) or representative(s) who entered into the Transaction on behalf of a party, and who appeared to have the requisite authority to do so, did not, in fact, have such authority or because the provisions of certain applicable laws require the Transaction to be in writing and/or executed by one or both parties. SECTION 2 - DEFINITIONS 2.1 The following terms, when used herein, shall have the following meanings: "10~m~'' shall mean the quantity of Gas occupying a volume of 1000 cubic meters at a temperature of 15 degrees Celsius and at a pressure of 101.325 kilopascals absolute. "Accelerated Payment Invoice" shall have the meaning set forth in Section 7.7. ""Base Contract" shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference; that specifies the agreed selections of provisions contained herein; and that sets forth other information required herein. "British Thermal Unit" or "Btu" sha~l mean the International Btu, which is also called the Btu(IT). "Business Day" shall mean any day except Saturday, Sunday, or a statutow or banking holiday observed in the judsdtstion specified pursuant to Section 13.5. A Business Day shall open at 8:00 a.m. and close at 5:00 p.m. local time for the relevant party's principal place of business. The relevant pady, in each instance unless otherwise specified, shall be the party to whom the notice, payment or delivery is being sent and by whom the notice or payment or delivery is to be received. "Buyer" refers to the party receiving Gas hereunder. "Claims" shall have the meaning set forth in Section 8.3. "Confirm Deadline" shall mean 5:00 p.m. in the receiving party's time zone on the fifth Business Day following the Business Day a Transaction Confirmation is received, or if applicable, on the Business Day agreed to by the parties in the Base Contract; provided, if the Transaction Confirmation is time stamped after 5:00 p.m. in the receiving party's time zone, it shall be deemed received at the opening of the next Business Day. "Confirming Party" shall mean the party designated in the Base Contract to prepare and forward Transac~on Confirmations to the other party. "Contract" shall have the meaning set forth in Sec~on 1.2.d. "Contract Price" shall mean, if the Delivery Point is in the United States, the amount expressed in U.S. Dolfars per MMBtu or U.S. Dollars per Dekatherm or, if the Delivery Point is in Canada, the amount expressed in Canadian Dollars per G J, unless spedfied otherwise in a Transaction. "Contract Quantity" shal~ mean the quantity of Gas to be delivered and received pursuant to a Transaction. "Contract Value" of a Transaction is the net present value (applying the Present Value Discount Rate) of the product of (1) the quantity of Gas remaining under a Transaction which the paCdes are obligated to transact, muti~plied by (2) the Contract Price. "Costs" shall mean all reasonable casts, legal fees and expenses incurred by the Non-Defaulting Party to replace a Transaction or in connection with termination of a Transaction pursuant to Section 10. "Cover Standard" as referred to in Section 3.2 shall mean, if applicable, if there is an unexcused failure to take or deliver any quantity of Gas pursuant to the Contract, then the Performing Party shall use cammerdatly reasonable efforts to obtain Gas or alternate fuels, or sell Gas, at a pdca reasonable for the delivery or production area, as applicable, consistent with: the amount of notice provided by the Non-Perfarming Party; the immediacy of the Buyer's Gas consumption needs or Seller's Gas sales requirements, as applicable; the quantities thvotved; and the antidpated length of failure by the Non-Performing Party. "Day" shall mean 9:00 a.m. to 9:00 a.m. central clock time. "Defaulting Party" shall have the meaning set forth in Section 10.2. "Deficient Quantity" shall mean the Quantity of Gas Seller fails to make available at the Delivery Point(s) below the Contract Quantity for that Day for reasons other than Force Majeure as de§ned in Section 11 or the Quantity of Gas Buyer fails to take at the Delivery Potht(s) below the Contract Quantity for that Day for reasons other than Force Majeure as defined in Section 11. "Dekatherm" shall mean one million British Thermal Units. "Delivery Period" or "Term" shall be the period during which deliveries are to be made as set forth in the Transaction Confirmation. "Delivery Point(s)" shall mean such point(s) as are mutually agreed upon between Seller and Buyer as set forth in the Transaction Confirmation. "Early Termination Date" shall have the meaning set fodh in Section 10.3. "EFP" shaII mean the purchase, sale or exchange of natural Gas as the "physical" side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and remedies of "Firm". "ETA" shall mean the Excise Tax Act (Canada), "Event of Default" shall mean (i) the failure to make payment when due under the Contract, which is not remedied within 2 Business Days after receiving Notice thereof (except for a failure to pay an Accelerated Payment Invoice which shall immediately constitute an Event of Default); (ii) the making of an assignment or any general arrangement for the benefit of creditors, the filing of a petition or otherwise commencing, authorizing, or acquiescing in the commencement of a proceeding or cause under any bankruptcy or similar law for the protection of creditors or having such petition filed or proceeding commenced against it, any bankruptcy or insolvency (however evidenced) or the inability to pay debts as they fall due; (iii) the failure to provide Performance Assurance in accordance with Section 10.1 and/or Exhibit B - "Credit Support Addendum:; (iv) a parfy's failure to deliver or receive Gas, unless excused by the other party's Non-Performance or prevented by Force Majeure, for the greater of 4 cumulative Days or 5% of the number of Days in a Delivery Period, rounded up to a futi 2 Contract2\Gcneral Terms and Conditions 2002 Day, in any one Transaction; (¥) the failure to perform any other material obligation under the Contract, other than a failure to deliver or accept delivery of Gas which remedy is as set forfh in Section 7.7 (except as provided in part (iv) of this definition), if not remedied within 5 Business Days after receiving Notice thereof; (vi) in the reasonable opinion of Seller, a material adverse change has occurred in the business, financial condition or operations of Buyer or its Credit Support Provider, and/or Buyer's ability to meets its obligations under the Contract has become materially impaired; (vii) the failure of Buyer's Credit Support Provider to perform any covenant set forth in any guaranty agreement or letter of credit delivered in accordance with Exhibit B - Credit Support Addendum, or Buyer's Credit Support Provider shall take or surfer any actions set forth as an Event of Default of the Contract as applied to it; (viii) fhat either Buyer or Buyer's Credit Support Provider's Credit Rating is downgraded by either Moody's or S&P or either Buyer or Buyer's Credit Support Provider ceases to be rated by S&P or Moody's; or (ix) that either Buyer or Buyer's Credit Support Provider fails to timely provide financial information as provided in Exhibit B - Credit Support Addendum. "FERC" shall be designated as the Federal Energy Regulatory Commission or any successor regulatory agency or body having authority to regulate the rates and services of any interstate pipeline transporter of gas sold under this Contract. "Firm" shall have the meaning set thrth in Section 3.1A. "Gas" shall mean any mixture of hydrocarbons and non-combustible gases in a gaseous state consisting pdmadly of methane. "G,J" shall mean I gigajoule; 1 gigajoule = 1,000,000,000 Joules. The standard conversion factor between Dekatherms and G.J's is 1.055056 GJ's per Dekatherm. "GS'r'" shall have the meaning set forth in Section 6.2. "Imbalance Charges" shall mean any fees, penalties, costs or charges (in cash or in kind) assessed by a Transporter for failure to satisf7 the Transporter's balandng and/or nomination requirements. "lnterruptible" shall have the meaning set forth in Section 3.1C. ",loufa" shall mean the joule spedfled in the SI system of units. "Liquidation Amount" shal~ have the meaning set forth in Section 10.4. "Market Value" of a Transa¢on is the net present value (applying the Present Value Discount Rate) of the product of (1) the quantity of gas remaining under a Transaction which the parties are obligated to transact, multiplied by (2) a market pdce for a similar transaction considering the remaining Delivery Period, Con'cact Quantibj and Delivery Point; with such market pdce to be established by either (i) a bona fide offer accepted by the Non-Defaulting Party from a third pady in an arms-length negotiation for a replacement transaction or (ii) quotations obtained by the Non- Defaulting Part,/, in good faith, from three Reference Market Makers, where the highest and lowest of such quotations shall be disregarded, and the remaining quotation shall be the market price. "Maximum Daily Ouantity" ("MDQ"), if specified in the Transaction Confirmation, shall represent the maximum quantity of gas which may be delivered or received each day. '"MMBtu'" shall mean one million Bdtish Thermal Units which is equivalent to one Dekatherm. "Month" shall mean the pedod beginning on the first Day of the calendar month and ending immediately pdor to the commencement of the first Day of the next calendar month. "Monthly Letter" shall have the meaning set forth in Section 3.1B. "Non-Defaulting pa~ty'" shall have the meaning set forth in Section 10.2. "Non-Performance" shall mean the failure by a party to purchase and receive, or sell and deliver, Gas required by any Transaction hereunder which is not excused because of the non-performance (non-delivery or non-receipt, as applicable) of the other party, or by Force Majeure. "Non-Performing Party" shall mean a party in retation to which a Non-Pertormance has occurred. "Notice" shall have the meaning set forth in Section 9.1. "Payment Date" shall mean a date, selected by the parties in the Base Contract, on or before which payment is due Seller for Gas received by Buyer in the previous Month. "performance Assurance" shall mean security in the form, amount and term reasonably spedfled by the party demanding the Performance Assurance, including, but not limited to, a standby irrevocable loiter of credit, a prepayment, a secudty interest in an asset acceptable to the demanding party or performance bond or guarantee by an entity acceptable to the party demanding the Performance Assurance. "Performing party" shall mean, if a Non-Performance has occurred, the pady which is not the Non-Performing Party. "Potential Event of Default" shall mean any event or drcumstance which would, with Notice, the passage of time, or both, constitute an Event of Default. "Present Value Discount Rate" shall mean with respect to any Trensacfion: {i) if the amount payable is in Canadian currency, the Celd of Canadian Government Treasury Bills with a term dosest to the time remaining in the Delivery Peded, plus 100 basis points; or (ii) if the amount payable is in United States currency, the "Ask Yield" interest rate for United States Government Treasury notes as quoted in the 'q'reesury Bonds, Notes, and Bills" eection of the Wall Street Joumal meet recently published with a term closest to the time remaining in the Delivery period, plus 100 basis points. "Receiving Transporter" shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving Transporter, the Transporter delivering Gas at a Delivery Point. "Receipt Point" shall mean the supply location in which Gas is delivered to the Receiving Transporfer's system or, when applicable, delivered directly to Buyer as set forth in the Transaction Confirmation. 3 Contract2\General Terms and Conditions 2002 "Reference Market Makers" shall mean leading dealers in the physical gas trading market or the energy swap market, selected by the Non- Defaulting Party from among dealers of the highest credit standing, which satisf~ all the cdteda that such party applies generally at the time in deciding whether to offer or to make an extension of credit. "Replacement Fuel" shall mean Gas or other alternate fuel purchased by Buyer to replace the Deficient Quantity. "Scheduled Gas" shall mean the quantity of Gas confirmed by Transporter(s) for movement, transportation or management. "Seller" refers to the party delivering Gas hereunder. "Spot Price" as referred to in Section 3.2 shall mean, if applicable, the price listed in the publication specified by the parties in the Base Contract, under the lisfing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; provided, if there is no single pdce published for such location for such Day, but there is published a range of pdces, then the Spot Pdce shall be the average of such high and Iow prices, if no pdce or range of pdces is published for such Day, then the Spot Price shall be the average of the following: (i) the pdce (determined as stated above) for the first Day for which a pdce or range of pdces is published that next precedes the relevant Day; and (ii) the pfice (determined as stated above) for the first Day for which a pdce or range of pdces is published that next follows the relevant Day. "Swing Quantity" shall refer to that Contract Quantity of Gas, whether for delivery and sale or receipt and purchase, that may be increased or decreased by either Party at any time for any reason subject only to scheduling requirements and deadlines of the receiving Transporter. "Take Commitment" as designated in the Transaction Confirmation shall represent the minimum quantity of Gas which must be delivered and sold or received and purchased over the term of the Contract. "Taxes" shall have the meaning set forth in Section 6,1. "Termination Payment" for a Transacfion is the difference between the Market Value and the Contract Value, adjusted for Costs, as of the Early Termination Date. if the Non-Detaulting Party is Seller and Market Value minus Costa is greater than the Contract Value, the Termination Payment will be posifive (gain) and if the Market Value minus Costa is less than the Contract Value, the Termination Payment will be negative (loss). If the Non-Defaulting Pady is the Buyer and the Contract Value minus Costs is greater than the Market Value, the Termination Payment w~ll be positive (gain) and if the Contract Value minus Costa is less than the Market Value, the Termination Payment will be negative (thss). "Total Termination Payment" will be the sum of the Termination Payments for ail Transactions terminated pursuant to Section 10. The Total Termination Payment is a reasonable pre-estimate of the loss suffered, and is not intended as a penalty. "Transaction" shat1 mean any gas sale, purchase or exchange agreement effected pursuant to the Base Contract. "Transaction Confirmation" shall mean the document setting forth the terms of a Transaction formed pursuant to Sec~on 1 for a particular Delivery Pedod. "Transporter(s)" shall mean all Gas gathering or pipeline companies, or local distribution companies, acting in the capadty of a transporter, transporting Gas for Seller or Buyer upstream or downstream, respectively, of the Delivery Point pursuant to a particular Transaction. SEC~ON 3 - PERFORMANCE OBLIGATION 3.1 Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a par~cutar Transaction in accordance with the terms of the Contract. Sales and purchases will be on a Take Commi~nent basis as specified in the Transaction Confirmation as follows unless otherwise agreed to by the parties. A. Firm or Baseload Gas Obligation ("Firm") shall mean that either party may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure. Seller's obligation to deliver and Buyer's obligation to receive gas hereunder on a Firm or Baseload basis must meet the Take Commitment as established in the Transaction Confirmation. B. Monthly Letter shall mean that for each month of the Term, Seller shall issue and fax to Buyer a monthly supply letter ten (10) business days prior to the beginning of the delivery Month in which Seller shall specify the daily supply quantity it will allocate to Buyer for the upcoming delivery Month. This quantity shall be based on historical usage information and other factors known to Seller at the date of issuance of the Monthly Letter and shall represent Seller's best judgment of Buyer's requirements. The quantity reported in the Monthly Letter shall include any Firm or Baseload Gas obligation of Buyer. If a material change occurs in Buyer's prospective Gas requirements relative to Buyer's historical Gas requirements that were unknown to Seller at the time of execution of the Transaction Confirmation that specified use of the Monthly Letter, Selfar and Buyer may negotiate a supplemental price that covers the incremental change. Upon receipt of the Monthly Letter, Buyer has 2 Business Days to notity Seller should it not agree to the quantity allocated by Seller, after which time it shall be deemed accepted by Buyer and will represent a Firm Take Commitment for the delivery Month. Any adjustment made by Buyer to the Monthly Letter quantity is subject to the final approval of the Seller. The quantity in the Monthly Letter may not be less than any Baseload or Firm Gas obligation of the Buyer without consent of the Seller. Should Buyer require Gas in excess of the quantity specified in the Monthly Letter, such excess Gas shall be considered Swing Quantity which will be subject to availability and delivered to Buyer on a best effo~s basis. Should Buyer require less Gas than specified in the Monthly Letter, then Seller shall remarket excess gas on behalf of Buyer and Section 3.2 shall apply. C. Interruptible Gas Obligation shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability. D. Firm Transportation Obligation shall mean transportation capacity which carries and utilizes a firm Receipt Point in combination with a gas supply Delivery Point which lies within the primary path of the original primary firm transportation capacity sold, E. Secondary Firm Transport Obligation shall mean transportation capacity which carries and utilizes a secondary firm Receipt and/or Delivery Points or is recallable by Seller. F, Interruptible Transport Obligation shall mean transportation capacity which carries and utilizes interruptibta Receipt Points and Delivery Points. The parties have selected either the "Cover Standard" version or the "Spot Pdce Standard" version as indicated on the Base Contract. 4 Contract2\General Terms and Conditions 2002 Cover Standard: 3.2 th addition to any liability for Imbalance Charges, which shall not be recovered twice by the following remedy, subject to Secfion 10.5, the exclusive and sole remedy of the parbes in the event of a breach of a Firm or Baseloed Gas Obligation, a Monthly Letter or a Firm Transpodation Obligation shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the positive difference, if any, between the purchase pdce paid by Buyer ublizing the Cover Standard for Replacement Fuel and the Contract Pdce, adjusted for commerdally reasonable differences in transpodation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantify and the quantity actually delivered by Seller for such Day(s); or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the positive difference, if any, between the Contract Price and the pdce received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such Day(s); or (iii) in the event that Buyer has used commerdally reasonable efforts to replace the Gas or Seller has used commerdally reasonable efforts to sail the Gas to a third party, and no such replacement or sale is available, then the exclusive and sole remedy of the non-breaching party shail be any unfavorable difference between the Contract price and the Spot Pdce, adjusted for such transportation to the applicable Delivery Point, multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller and received by Buyer for such Day(s). Spot Price Standard: 3.2 In addition to any liability for imbalance Charges, which shall not be recovered twice by the following remedy, subject to Section 10.5, the exclusive and sole remedy of the par~es in the event of a breach of a Firm or Baseload Gas Obligation, a Monthly Letter or a Firm Transportafion Obligation shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the Contract Pdce from the Spot Pdce; (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contract Quanti~y and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the applicable Spot Pdce from the Contract price. 3.3 (i) Notwithstanding anything to the con'a-ary in this Contract (including, without limitation, anything in Secfion If of this Contract}, in the event (a) Seller is unable to sell and deliver the Contract Quantity as a result of an event of Force Majeure, and (b) the Contract Pdce is a fixed pdce (not based on an index price), Seller shall pay Buyer for each MMBtu of gas not delivered as provided in SecUon 3.2 above. (ii) Notwithstanding anything to the contrary in this Contract (induding, without limitation, anything in Section 11 of this Contract), in the event (a) Buyer is unable to purchase and receive the Contract Quantity as a result of an event of Force Majeure, and (b) the Contract Pdce is a fixed pdca (not based on an index pdce), Buyer shall pay Seller for each MMBtu of gas not purchased and received as provided in Section 3.2 above. SECTION 4 - TR.au'~SPORTATION, NOMINATIONS .aj~D IMBALANCES 4.1 Seller shall have the sole responsibility for transpor~ng the Gas to the Delivery Point(s) based on Buyer's celecfion of a transpodation option in the Transaction Confirmation and for delivering such Gas at a pressure sufficient to effect such delivery but not to exceed the maximum operating pressure of the Receiving Transpoder. Buyer shall have the sole respoesibility for transporting the Gas from the Delivery Point(s). 4.2 The padies shall coordinate their Gas nomination and scheduling a~vit[es, giving sufficient time to meet the deadlines of the affected Transpoder(s). Each party shall give the other party timely pdor oberetional nofice, sufficient to meet the requirements of all Transporter(s) involved in the Transacfion, of the quantities of Gas to be delivered and purchased each Day. Such operational notice may be made by any mutually agreeable means, including phone, fax and emaiL Should either party become aware that actual deliveries at the Delivery Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly notify the other party. If Buyer fails to provide notice to Seller of Buyer's nominated quantity, or fails to make other arrangements with Seller, nominations by Seller will not be placed and Buyer w~ll not have access to gas. 4.3 To the extent possible, and when applicable, Buyer shall provide Seller confirmation of quanfities received from the Transporter(s) by the tenth (10th)day of the month following delivery. If Buyer fails to provide the pipeline confirmations by the tenth (10th) day of the month following the month of delivery, Buyer shall be invoiced on estimated quantities as set forth in Section 7.1 herein. 4.4 Seller shall balance Buyer's account according to the "Balancing Agreement" option selected by the Buyer in the Base Contract and specified in detail in Exhibit C. 4.5 The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter that indedes Imbalance Charges, the pares shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Charges v~re incurred as a result of Buyer's actions or inactions (which shall include, but shall not be limited to, Buyer's failure to accept quantities of Gas equal to the Scheduled Gas), then Buyer shall pay for such Imbalance Charges, or reimburse Seller for such Imbalance Charges paid by Seller to the Transporter. If the imbalance Charges were incun'ed as a result of Seller's actions or inactions (which shall include, but shall not be limited to, Seller's failure to deliver quantities of Gas equal to the Scheduled Gas), then Seller shall pay for such Imbalance Charges, or reimburse Buyer for such Imbalance Charges paid by Buyer to the Transpotter. 4.6 During any pebed when a Transpotter institutes parametera for balandng usage and delivebes for less than a foil calendar month including, but not limited to, CFC, corral[merit or entitlement, Buyer shall provide Seller a daily nomination. Should Buyer's usage vary from the nomination or should Buyer fail to adjust usage as directed by Seller and a Transporter imbalance penalty results, Buyer shall be responsible for the imbalance penalty. SECTION 5 - QUALITY AND MEASUREMENT II Gas delivered b Seller shall meet the quality and heat content requirements of the Receiving Transporter. The unit of quantity ~lessuremeA~t for purposes of t~e Contract shall be specified as one MMBtu dry, one Dekatherm dry, one GJ or one l03m3. Measurement of Gas quantifies hereunder sbe[I be in accordance with the established procedures of the Receiving Transpoder. SECTION 6 - TAXES Buyer Pays At and After Delivery Point: 6.1 Seller sbell pay or cause to be paid all taxes, fees, levies, penalties, ~icenses, interest or charges imposed by any government authority ('q'axes") on or with respect to the Gas pdor to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect fo the Gas at 5 the Delivery Point(s) and all Taxes after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party*s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption fi`om any such Taxes or charges shall furnish the other party any necessary documentation thereof, in addition to any other taxes for which Buyer is responsible under this Section 6.1 Buyer and Seller agree that Buyer shall be responsible for the State and Municipal Business Occupation Tax in the State of Washington, if appltsable. 6.2 The Contract Pdce does not include any amounts payable by Buyer for the goods and services tax ("GST") imposed pursuant to the ETA or any similar or replacement value added or sales or use tax enacted under successor legislation. Buyer will pay to Seller the amount of CST payable for the purchase of Gas in addition to all other amounts payable under the Contract. Seller will hold the GST paid by Buyer and will remit such GST as required by law. Buyer and Seller will provide each other with the information required to make such GST remittance or claim any corresponding input tax credits, induding GST registration numbers. 6.3.a Where Buyer is not registered for GST under the ETA and Buyer indicates to Seller that Gas will be exported from Canada, Buyer may request Seller treat such Gas as "zero-rated" Gas for expod within the meaning of the ETA for billing purposes. If Seller, in its sole discretion, agrees to so treat such Gas, then Buyer hereby declares, represents and warrants to Seller that Buyer will: (i) expert such Gas as soon as is reasonably pessible after Seller delivers such Gas to Buyer (or after such Gas is delivered to Buyer after a zero-rated storage service under the ETA) having regard to the drcumstances surrounding the export and, where applicable, normal business practice; (ii) not acquire such Gas for consumption or use in Canada (other than as fuel or compressor gas to transport such Gas by pipeline) or for supply in Canada (other than to supply natural gas liquids or ethane the consideration for which is deemed by the ETA to be nil) before export of such Gas; (iii) ensure that, after such Gas is delivered and before export, such Gas is not further processed, transformed or altered in Canada (except to the extent reasonably necessary or inddental to its transportation and other than to recover natural gas liquids or ethane from such Gas at a straddle plant); (iv) maintain on tile, and provide to Seller, if required, or to the Canada Customs and Revenue Agency, evidence satisfactory to the Minister of National Revenue of the export of such Gas by Buyer; and/or (v) comply with all other requirements prescribed by the ETA for a zero-rated export, of such Gas. 6.3.b Where Buyer is registered for GST under the ETA and Buyer indicates to Seller that Gas will be exported fi`om Canada, Buyer may request Seller treat such Gas as "zero-rated" Gas for export within the meaning of the ETA for billing purposes, and Buyer hereby declares, represents and warrants to Seller that Buyer intends to export such Gas by means of pipeline or other conduit in drcumstances described in Section 6.3.a (i)to (iii). 6.3.c Without limiting the generality of Section 8.3, Buyer indemnities Seller for any GST, penalties and interest and all other damages and costs of any nature arising from breach of the declarations, representations and warranties contained in Section 6.3.a or 6.3.b, or otherwise from application of GST to Gas declared, represented and warranted by Buyer to be acquired for expert from Canada. 6.4 In the event that any amount becomes payable pursuant to the Contract as a result of a breach, modification or termination of the Contract, the amount payable shall be increased by any applicable Taxes or GST remittable by the redpient in respect of that amount. SECTION 7 - BILLING, PAYMENT AND AUDIT 7.1 Seller shall invoice Buyer, based on Buye¢s election in the Base Contract, for gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to suppert the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available. Seller may provide and Buyer shall honor invoices submittad as originals, through facsimile or through electronic means. 7.2 Buyer shall remit the amount due in the manner spedfied in the Base Contract, in immediately available funds, on or before the eedier of the Payment Date or 10 days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. If Buyer, in good faith, disputes the amount of any such statement or any part thereof, Buyer will pay to Seller such amount as it concedes to be correct; provided, however, if Buyer disputes the amount due, Buyer must provide supporting documenfation acceptable in industry practice to support the amount paid or disputed. 7.3 In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with Section 7.2 above. 7.4 If a party fails to remit the full amount payable by it when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of: (i) if the amount payable is in United States currency, the then-effective pdme rate of interest published under "Money Rates'* by The Wall Street Journal, plus two percent per annum, compounded monthly; or, if the amount payable is in Canadian currency, the per annum rate of interest identitied from time to time as the pdme lending rate charged to its most credit worthy customers for commerdal loans by The Toronto Dominion Bank, Main Branch, Calgary, Alberta, Canada, plus two percent per annum, compounded monthly; or (ii) the maximum applicable lawful interest rate. 7.5 Payment shall be made in the carrency of the Contract Price. 7.6 The parties shall net all same currency amounts due and owing, and/or past due, adsthg under the Contract such that the party owing the greater amount shall make a single payment of the net amount to the other party in accordance with Section 7; provided that no payment required to be made pursuant to the terms of any c,,'edit support document or agreement shall be subject to netting under this or any other provision of the Contract. In the event that the padies have executed a separate netting agreement, the terms and conditions therein shall prevail. 7.7 A Performing Party may accelerate the payment owed by the Non-Performing Party related to a Non-Performance by sending to the Nee- Performing Party an invoice (an "Accelerated Payment Invoice") for the amounts due it under Section 3.2, setting forth the calculation thereof and a statement that pursuant to this Section 7.7 such amount is due in 3 Business Days. If the Performing Party does not deliver an Accelerated Payment Invoice, amounts payable pursuant to Section 3.2 shall be invoiced and payab[e in accordance with Sections 7.1 and 7.2. The Non-Performing Party must pay the Accelerated Payment Invoice when due and the Non-Performing Party: (i) shall not be entitled to net amounts owed to it hereunder by the Performing Party against its obligation to make payment on an Accelerated Payment Invoice; and (ii) shall, notwithstand ng Section 7.2, pay the full amount of the Accelerated payment Invoice despite any dispute it may have as to the amount owing thereunder. 7.8 A party shall have the right, at its own expense, upon reasonable notice and at reasonable times, to examine the books and records of the other party only to the extent reasonably necessary to vedfy the accuracy of any statement, charge, payment, or cempufation made under the Contract. This examination dght shall not be available with respect to proprietary information not directly relevant to Transactions. All invoices and billings shall be cenCusively presumed tinal and accurate unless objected to in writing with adequa e exp anatlon and/or documentation, within two years after the Month of Gas delivery. All retroactive adjustments under Section 7 shall be paid in full by the pady owing payment within 30 days of notice and substantiation of such inaccuracy. 6 SECTION 8 - TITLE, WARRANTY AND INDEMNITY 8.1 Unless otherwise specifically agreed, tit~e to the Gas shall pass fi.om Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the Gas pdor to its delivery to Buyer at the specified Delivery Point(s). Buyer shall have responsibility for and assume any liability with respect to said Gas after its delivery to Buyer at the Delivery Point(s). 8.2 Seller warrants that it will have the right to convey and will bansfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims, 8.3 Seller agrees to indemnity Buyer and save it harmless fi.om all losses, liabilities or claims including reasonable legal fees and costs of coud ("Claims"), from any and all persons, adsing from or out of claims of tifJe, personal injury or property damage from said Gas or other charges thereon which attach before title passes to Buyer. Buyer agrees to indemnity Seller and save it harmless from all Claims, from any and all persons, adsing from or out of claims regarding payment, personal injury or proped7 damage from said Gas or other charges thereon which attach after title passes to Buyer. 8.4 Not~thstanding the other provisions of this Se~on 8, as between Seller and Buyer, Seller will be liable for all Claims to the extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of Section 5, or Seller's warranty obligations pursuant to Section 8.2. SECTION 9 - NOTICES 9.1 All Transaction Confirmations, invoices, payments and other communications made pursuant to the Contract ("Notices") shall be in writing and made to the addresses for Notices spedfied by each respective party from time to time. 9,2 All Notices required hereunder may be sent by facsimile or mutuatly agreeable electronic means, a nationally recognized ovemight cauder service or hand delivered. 9.3 Notice shall be given when received on a Business Day by the addressee. In the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent electronically or by facsimile shall be deemed to have Peen received upon the sending part'y's receipt of confirmation of a successful ~-ansmissiee; if the day on which such electronic or facsimile Notice is received is not a Business Day or is after five p.m. on a Business Day, then such Notice shall be deemed to have been received on the next following Business Day. Notice by overnight mail or couder shall Pe deemed to have been received on the next Business Day after it was sent or such eedier time as is contirmed by the receiving party, SECTION 10 o FINANCIAL RESPONSIBILITY, DEFAULTS AND REMEDIES 10,1 Seller's obligation under the Contract are contingent upon Buyer meeting Seller's credit cdteda and paying all sums to Seller when due according to the Conbact If a party has reasonable grounds for insecurity regarding the payment and/or pedormanca of any obligation under the Contract, such party may demand Performance Assurance, whether or not an Event of Default, Nonpedormance or Potential Event of Default has occurred, which Performance Assurance shall be provided by the other party by the end of the 5TM Business Day after the demand is received. The Performance Assurance shall not exceed the amount calculated in accordance with the procedure for determining the Total Termination Payment, as of the date of the demand, as if all Transa~ons had been terminated plus all other outstanding amounts owed or acc~ed under the ContracL 10.2 If an Event of Default or Potential Event of Default occurs with respect to a party (the "Defaulting Party"), ~en the other party (the "Non- Defaulting Party") shall have the right to, in addition to any other remedies available hereunder: (i) upon 1 Business Day's Notice, suspend its performance under any or all Transactions under the Contract; and/or (ii) withhold any amounts owed to the Defaulting Party under the Contract, any Transaction or any other agreement petween the parties (whether or not yet due). 10.3 In addilJon to the provisions of Sectio~ 10.2, upon the occurrence of an Event of Default, the Non-Defaulting Party may, for so long as the Event of Default is continuing, terminate, accalerate and liquidate all Transactions then outstanding or not yet commenced in accordance with the provisions of this Section 10 by (i) providing Notice to the Defaulting Party, and (ii) establishing an Eady Termination Date, which date shall be petween 1 and 20 Business Days following the Event of Default, on which all such Transactions shall t~rminate ("Eady Termination Date"). If an Eedy Termination Date has been designated, the Non-Defaulting Party shall calculate the Total Termination Payment and notity the Defaulting Party of such amount including detailed support for the Total Termination Payment calculation. Each Transection of this Contract constitutes a '%rward canfraof' within the meaning of the United States Bankruptcy Code (11 U.S.C. Section 101 (25) (2000)) and/or each Transaction constitutes a "swap agreemenf' within the meaning of the United States Bankruptcy Code (11 U.S.C. Section 101(53B) (2000)). Each party represents and warrants to the other party and agrees that it is a "fonmard contract merchant" within the meaning of the United States Bankruptcy Code (11 U.S,C. Section 101 (26) (2000)), Each party fu rth er agrees that the other party is not a "utility" as such term is used in 11 U.S.C. Section 366, and each party agrees to waive and not to assert the applicability of the provisions of 11 U.S.C, Section 366 in any bankruptcy proceeding involving such party. 10.4 The Non-Defaulting Party may, in its sole discretion, net and/or setoff the Total Termination Payment against all other amounts owing (matured or unmatured, continent or absolute, and whether or not yet due) between the par'des under the Cee~ct and any other agreements petween the par'des and any Pedormance Assurance held by either pady. This amount cons'~tutes the "Uquidation Amount" payable by the Defaulting Party within 2 Bus~nees Days or ~ts receipt of notice of such Uqu~datiee Arr~Jnt or payable by the Nee Defaulting Party on the 25t~ day (or the following Bus~ness Day is the 25"~ is not a Business Day) of the Month following the month of the Eady Termination Date, as applicable. A disputed amount hereunder shall be paid by the Defaulting Party, subject to refund. 10.5 In the event a party is a Nee-Performing Pad¥, the Performing Party shall haw the dght to, in addition to any other remedies available hereunder: (i) withhold any or all payments due the Non-Performing Party hereunder for the peded of the applicable Non-Perrormesce and net or set.off amounts due the Performing Party against such withheld amounts; (ii) dudng the period of the applicable Nee-Performance, upon at least 1 Business Day's Notice, suspend its performance under any or all Transactions; and/or (iii) if the Non-Performing Party fails to pay any Aceelerated Payment Invoice when due, the Performing Party may, without further Notice to the NomPertorming Party, declare an Eady Termination Date with respect to the particular Transection to which the Non-Performance relates in accordance with Section 10.3. The failure of the Performing Party to exerdse any of the dghts or remedies contained in this Section 10.5 shall not constitute a waiver of the Non-Performance, the requirement for payment as contemplated by Section 3.2 or any of the other dghts or remedies of the Performing Party in connection therewith. 10.6 Each pady reserves to itself all dghts, set-offs, counterclaims, and other defenses which it is or may be entitled to arising from the Contract. SECTION 11 -FORCE MAJEURE 11.1 Except with regard to a party's obligation to make payment due under the Contract, neither pady shall be ~iable to the other for failure to perform a Firm obligatiee, to the extent such failure was caused by Force Majeure. 7 Coutract2\General Temps and Conditions 2002 11.2 Force Majeure shall include but not be limited to the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as berdcanes, which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) weather related events affecting an entire geographic region, such as iow temperatures which cause freezing or failure of wells or lines of pipe; (iii) interruption of firm transportation and/or storage by Transporters; (iv) acts of others such as riots, sabotage, insurrections or wars; and (v) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, or regulation promulgated by a governmental autheqty having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance. 11.3 Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or al~ of the following drcumstances: (i} the curtailment of interruptible or secondary firm banspertation; (ii) the party claiming Force Majeure failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; or (iii) lack of funds or economic hardship. The party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges and to pay to the other party all amounts due and accruing to the date of the Force Majeure claim. 11.4 The pady whose performance is prevented by Force Majeure must provide notification to the other party. Initial notification may be given orally; however, Notice with reasonably full par~culars of the event or occurrence is required as soon as reasonably possible. Upon providing notification of Force Majeure to the other party, the affected pady will be relieved of its obligation to make or accept delivery of Gas as applicable to the extent and for the duration of Force Majeure, and neither party shall be deemed to have failed in such obligations to the other duchg such SECTION 12 - PRICE 12.1 For gas purchased and sold hereunder, Buyer shall pay Seller the Contract Pdce as specified in the Base Contract and/or Transa~on Confirmations. 12.2 The Contract may be terminated on 30 days' Notice, but shall remain in effect until the expiration of the latest Delivery Period or Term of any Transaction Confirmation(s). The dghts of either party pursuant to Section 4 to resolve imbalances, Section 7.8, the obligations to make payment hereunder, and the obligation of either party to iedemni~ the other, pursuant hereto shall survive the termination of the Contract. SECTION 13 - MISCELLANEOUS 13.1 The Contract shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, and heirs of the respective parties pemto, and the covenants, conditions, dghts and obligations of the Contract shall run for the full term of the Contract. No assignment of the Contract, in whole or in part, will be made without the pdor wdtten consent of the non-assigning party, which consent will not be unreasonably withheld or delayed. Upon any transfer and assumption, the transferor shall not be relieved of nor discharged from any obligations hereunder. 13.2 If any provision in the Contract is determined to be invalid, void or unenforceable by any court having jodsdictico, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of the Contract. 13.3 No waiver of any breach of the Contract shall be held to be a waiver of any other or subsequent breach, 13.4 The Contract sets forth all understandings between the parties respecting each Transaction, and any prior contracts, understandings and representations, whether oral or written, relating to such Transactions are merged into and superseded by the Contract and any effective Transaction Confirmation(s). The Base Contract may be amended only by a writing executed by both parties. 13.5 th any litigated dispute under this Contract, the prevailing party shall be entitled to recover from the other pady ali reasonable ~egal costs and all direct out-of-pocket costs associated with the litigation incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees and costs of court. THIS CONTRACT AND ANY DISPUTES ARISING PURSUANT TO OR RELATED TO THIS CONTRACT SHALL BE GOVERNED BY, CONSTRUED, ENFORCED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE DESIGNATED IN THE BASE CONTRACT. VENUE FOR ANY DISPUTE RELATED TO THIS CONTRACT SHALL BE EXCLUSIVELY BROUGHT AND MAINTAINED IN THE DISTRICT COURTS OF THE STATE DESIGNATED IN THE BASE CONTRACT. 13.6 The Contract and all provisions herein will be subject to all applicable and valid statutes, rules, orders and regulations of any Federal, State, Province, or local governmental authority having jurisdiction over the parties, their facilities, or Gas supply, or the Contract. 13.7 There is no third par~ beneficiary to the Contract. 13.8 Each party to this Contract represents and warrants that it has full and complete authority to enter into and perform this Contract. Each person who executes the Contract on behalf of either party represents and warrants that it has full and complete authority to do so and that such party will be bound thereby. 13.9 For currency conversions required under the Contract, to convert Canadian or United States currency to the other, the parties shall use the average of the Bank of Canada posted noon spot exchange rates as quoted for each Day dudng the Month dudng which Gas was, or was obligated to be, delivered and received. 13.10 The parties agree that they will maintain this Contract and all parts and contents hereof, or any information exchanged under this Contract, in strict confidence, and that it will not cause or permit disclosure of the contents hereof, or any information exchanged hereby, to any nonaffiliated th rd party without the pdor written consent of the other party hereto; provided, however, that disclosure by either party is permitted (a) to such party's legal and financial consultants; (b) in the event and to the extent it is required by a court or agency exercising jurisdiction over the subject matter hereof; and (c) to such party's permitted successor or assign hereunder. 13.11 The headings of sections, subsections and paragraphs of the Contract and these General Terms and Conditions are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of such sections, subsections or paragraphs. This Contract shall not be construed against the drafter thereof, and the rule of contract construction requiring a contract to be construed against the drafter thereof is expressly waived by both parties. 13.12 For index priced gas volumes, should the index or methodology used to determine the Contract Price of Gas as specified in a Transaction Confirmation be materially changed or should the index cease to be published, Buyer and Seller shall in good faith attempt to choose an alternate index, an alternate publication, and/or revise the Contract Price methodology. 8 Contract2\General Terms and Conditions 2002 SECTION t4 - LIMITATIONS 14.1 EXCEPT AS SET FORTH HEREIN, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, A PART~S LIABILITY HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTES LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR iNDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. 9 Contract2\General Tern~s and Conditions 2002 SUPPLY TRANSACTION CONFIRMATION TO THE IG! RESOURCES, INC. NATURAL GAS PURCHASE AND SALES BASE CONTRACT NO. S-1159 BUYER: SOUTH TAHOE PUBLIC SELLER: TRANSACTION UTILITY DISTRICT IGI RESOURCES, iNC. ("IGI") CONFIRMATION DATE: 10/14/02 VI. The DELIVERY PERIOD shall be November 1,2002 through and including April 30, 2003. The CONTRACT QUANTITY is estimated to be 100 MMBtu per day (see Section VI below). Buyer will purchase its Gas requirements exclusively from Seller. The RECEIPT POINT(S) shall be the interconnect between Westcoast Energy and Northwest Pipeline Corporation at Sumas unless otherwise agreed upon for Swing Quantity. The PERFORMANCE OBLIGATION at the Receipt Point shall be a combination of Firm Baseload, Monthly Letter and Swing Quantity as described below in Section VI. The PRICE at the Receipt Point for the Quantity specified in the Contract Quantity shall be: Packaqe Delivery Period Price per MMBtu Monthly Letter volume (excluding any Baseload volumes) Swing Quantity (volumes in excess of Monthly Letter) 11/01/02 - 04/30/03 t 1/01/02 - 04/30/03 Sumas WACOG + $.04 1/ Swing Pool + $.04 2/ Sumas WACOG shall equal Seller's weighted average cost of gas purchased (Canadian) under industry standard terms for thirt~ (30) day spot purchases. Swing Pool shall be the Seller's weighted average cost of gas (30 days or less) purchased under industry standard terms as further described in Exhibit C, Section 3.04. THIS TRANSACTION CONFIRMATION IS IN ADDITION TO ANY OTHER ACTIVE TRANSACTION CONFIRMATIONS THAT HAVE NOT BEEN SUPERCEDED OR HAVE NOT EXPIRED. PLEASE NOTE: ~f the Terms contained [n this TRANSACTION CONFIRMATION are contrary to your understanding of the agreement, please notify IGI in writing by the close of the second (2nd) Business Day following receipt. Failure to notify 161 of any such contract discrepancy by such time constitutes your acceptance of the transaction as described above. M:\la\contract 2\South Tahoe PUD TRANSPORTATION TRANSACTION CONFIRMATION TO THE IGI RESOURCES, INC. NATURAL GAS PURCHASE AND SALES BASE CONTRACT NO. S-1159 IBUYER: SOUTH TAHOE PUBLIC UTILITY DISTRICT SELLER: IGI RESOURCES, 1NC. ("IGi") TRANSACTION CONFIRMATION DATE: 10/14/02 IV. The DELIVERY PERIOD shall be November 1, 2002 through and including April 30, 2003. The DELIVERY POINT(S) shall be the city gate paint of Avista Utilities' local distribution system. The PERFORMANCE OBLIGATION shall be Secondary Firm Transportation (as de0ned in Section 3.1(E) in the General Terms and Conditions). The CONTRACT QUANTITY is estimated to be 100 MMBtu per day and, un'ess otherwise specified, Buyer will purchase its Transportation requirements exclusively from Seller. Seller shall provide sufficient Transportation on a volumetric basis to satisfy the Buyer's gas requirements as specified in the Monthly Letter as defined in the Natural Gas Supply Transaction Confirmation. Should Buyer require Transportation capaci[y in excess of the quantities specified in the Monthly Letter, such excess Transportation capacity shall be considered Swing Quantify which will be subject to availabili~ and delivered to Buyer on a best efforts basis (see 3.1 in the General Terms and Conditions). The PRICE for all Transportation provided by Seller to the Buyer including Transportation to satisfy Swing Quantity shall equal Paiute Pipeline TF-1 charges and Williams Pipeline Corporation ("Northwest") TF-1 Reservation Tariff plus Commodity, ACA, GRI and fuel-in-kind charges, as amended. THIS TRANSACTION CONFIRMATION IS IN ADDITION TO ANY OTHER ACTIVE TRANSACTION CONFIRMATIONS THAT HAVE NOT BEEN SUPERCEDED OR HAVE NOT EXPIRED. PLEASE NOTE: If the Terms contained in this TRANSACTION CONFIRMATION are contrary to your understanding of the agreement, please notify IGI in writing by the close of the second (2nd) Business Day following receipt. Failure to notify 161 of any such contract discrepancy by such time constitutes your acceptance of the transaction as described above. M:\la\contract2\South Tahee PUD EXHIBIT C BALANCING AGREEMENT TOTHE IGI RESOURCES, INC. NATURAL GAS PURCHASE AND SALES BASE CONTRACT NO. S-1159 BUYER: SOUTH TAHOE PUBLIC UTILITY DISTRiCT SELLER: IGI RESOURCES, INC. ("IGI") CONTRACT DATE: 11/01/02 Pursuant to the Base Contract, Buyer has selected and agrees to be bound by one of the two balancing options described below: DEFINITIONS 1.01 "Balancing", whether individual or Pool, shall refer to the financial outcome of managing daily Gas nominations, Contract Quantity as specified in Monthly Letters and actual consumption. The financial outcome is the economic measure of daily excess ("Long") or deficient ("Shoff') Gas supplies and financial gains or losses generated from balancing and trading these long and short Gas positions. BALANCE AS INDIVIDUAL 2.01 Buyer agrees that Seller shall Balance Buyer's Gas requirements on an individual basis and not combine Buyer's daily activity with other customers of Seller. 2.02 Economic gains and losses from Balancing daily Gas requirements shall be quantified for the Buyer's account and invoiced or credited to the Buyer pursuant to Section 7.1 of the General Terms and Conditions. 2.03 On days when Buyer has excess Gas from Balancing, Seller shall remarker such supply at a Price no lower than the lowest price in Gas Dally (published by Plaffs, a division of The McGraw-Hill Companies, Inc. or any successor thereof) under the column "Common" in the table "Daily Price Survey" for the appropriate Receipt Point. 2.04 On days when Buyer requires additiona[ Gas from Balancing, Seller shall provide such supply at the price specified as "Swing Quantity" in the active Transaction Confirmation or, in the event Swing Quantity has not been established in a Transaction Confirmation, the Price shall not exceed the highest price in Gas Daily (published by Plaits, a division of The McGraw-Hill Companies, Inc. or any saccessor thereto) under the column "Common" in the table "Daily Price Survey" for the appropriate Receipt Point. BALANCE IN POOL 3.01 Buyer agrees that Seller shah Balance Buyer's Gas requirement by combining Buyer's daily activity with other customers of Seller into a Pool. 3.02 Seller shall construct a discrete Pool for participants electing the Pool option and manage it as one large customer. Daily excess and deficient Gas requirements will be netted together to mitigate the overall economic effect to the participants within the Pool. 3.03 On days when the Pool has excess Gas from Balancing, Seller shall remarker such supply at a Swing Pool Price no lower than the lowest pdce in Gas Daily (published by Platts, a division of The McGraw-Hill Companies, Inc. or any successor thereof) under the column "Common" in the table "Daily Price Survey" for the appropriate Receipt Point. 3.04 On days when the Pool requires additional Gas from Balancing, Seller shall provide such supply at a Swing Pool Price not to exceed the highest price in Gas Daily (published by Platts, a division of The McGraw-Hill Companies, Inc. or any successor thereof) under the column "Common" in the table "Daily Price Survey" for the appropriate Receipt Point. 3.05 Economic gains and losses from Balancing the daily Gas requirements of the Pool shall be quantified and aggregated at the end of the month for allocation. 3.06 At Seller's discretion any material gains or losses generated by the Pool from Balancing for a particular delivery month may be charged or refunded back to the participants of the Pool. Participants, whose daily Balancing requirements generated the financial gains or losses, shall be allocated the economic effect first. In no case will a participant of the Pool be allocated an economic effect that would be greater than if the participant had been balanced on an Individual basis. Allocations shall be charged or credited pursuant to Section 7.1 of the General Terms and Conditions. M:\ta\cont ract2\South Tahoe PUD SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Hal Bird, Land Application Manager RE: BOARD MEETING November 7, 2002 AGENDA ITEM: ACTION ITEM NO: 7. c CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONSOLIDATION OF AGREEMENTS BETWEEN STPUD AND ALPINE COUNTY REQUESTED BOARD ACTION: Agreement and five amendments Approve consolidation of the Alpine County Contract DISCUSSION: The South Tahoe Public Utility District (STPUD) and County of Alpine, California, and the Alpine County Water Agency (collectively County), entered into an agreement in 1967 with respect to the District's transportation, storage, distribution and application of treated effluent in Alpine County (Agreement). The Agreement was amended five (5) times between 1969 and 1989 (collectively Amendments}. The Aqreements and Amendments were difficult and confusing to track the rights and responsibilities of the parties. Further, many of the provisions in the agreement had been either completed and/or were no longer applicable. As a result, the District and the County agreed that it was advisable to have their representatives review the Agreement and Amendments to determine which provisions were no longer applicable and/or had been completed and therefore no longer relevant. Accordingly, the representatives of both the District and the County have reviewed and analyzed the Agreement and Amendments to develop an agreement which consolidates the remaining relevant provisions of the Agreement and Amendments (Consolidated Agreement). The Consolidated Aqreement Continued on Page 2 SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED~CTION: GENERAL MANAGER: YES ¢~.¢~/ NO CHIEF FINANCIAL OFFICER: YES~'.,~;~,~-...~O_ CATEGORY: GENERAL WATER SEWER X Continued from Page 1: was previously provided to the Board for its review and is attached to the agenda item. The Consolidated Aqreement also includes new exhibits which are based upon the original exhibits to the Agreement and Amendments but modified to reflect the Consolidated Agreement. The Consolidated Aqreement will assist the District and the County to better understand the provisions that are currently applicable to the District's transportation, storage, distribution and application of treated effluent in Alpine County. The Consolidated Agreement does not change any of the parties rights and responsibilities but simply makes the Agreement and Amendments between the District and the County easier to understand. If either the District or the County desire to change the Consolidated Agreement, after approval and execution of both qoverninq bodies, then those changes will need to be discussed and mutually agreed upon. AGREEMENT BETWEEN SOUTH TAHOE PUBLIC UTILITY DISTRICT AND THE COUNTY OF ALPINE AND THE ALPINE COUNTY WATER AGENCY THIS AGREEMENT made by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT, a public utility district, formed pursuant to "The Public Utility District Act" of the State of California, acting by and through its Board of Directors, hereinafter called "District," and the COUNTY OF ALPINE, a political subdivision of the State of California, acting by and through its Board of Supervisors, hereinafter called "County," and the ALPINE COUNTY WATER AGENCY created by the Alpine County Water Agency Act of the State of California, acting by and through its Board of Directors, hereinafter called "Agency," with respect to the following facts and intentions: A. WHEREAS, Lake Tahoe is one of California's greatest natural resources and many experts agree that the export of treated sewage effluent from the Lake Tahoe Basin is essential if Lake Tahoe is to be protected from eutrophication and permanent degradation; and B. WHEREAS, District operates pipes, lines, works and treatment facilities for the collection and treatment of sewage in the Lake Tahoe Basin for sewer service to its inhabitants, as well as others outside the boundaries of District, and District will expand said pipes, lines, works and treatment facilities and its boundaries, to provide sewer service to areas in the Lake Tahoe Basin within and outside of present or future District boundaries; and C. WHEREAS, any export of treated sewage effluent by District to an unincorporated area within the boundaries of County and Agency is of vital concern to the health and welfare of the residents of the County; and D. WHEREAS, County has enacted ordinances regulating the discharge of effluent to treated sewage or industrial waste within the unincorporated areas of County; and E. WHEREAS, District constructed and operates and maintains apipeline for the export of treated sewage effluent from District's works and treatment facilities from the Alpine-E1 Dorado County boundary line at or near Luther Pass to the Diamond Valley area near Woodfords in County in the general location shown on that certain map marked Exhibit A attached hereto and incorporated herein, and District further constructed and maintains and operates discharge facilities for the discharge of treated sewage effluent of District from said pipeline in the general area of County and in the general location shown on that certain map marked Exhibit A; and F. WHEREAS, all of the parties hereto entered into a mutually agreeable Agreement, dated April 3, 1967 (Agreement), contract to provide for the export of treated sewage effluent from District's works and treatment facilities to areas within the boundaries of County and Agency, assuring the protection of the health and welfare of the residents of the County and consistent with the preservation of the natural beauty, resources and recreation areas of County, and to promote the beneficial utilization and conservation of water within County and Agency; and G. WHEREAS, the Agreement was amended by the First Amendment to Agreement, dated August 21, 1972, the Second Amendment to Agreement, dated June 8, 1983, the Third Amendment to Agreement, dated March 15, 1984, the Fourth Amendment to Agreement, dated November 6, 1990, and the Fifth Amendment to Agreement, dated July 16, 1991 (collectively Amendments); and H WHEREAS, District entered into a contract with the State of California, hereinafter called "State," whereby District constructed and operated certain recreational facilities at Indian Creek Reservoir on land in Alpine County; and I. WHEREAS, District also entered into a contract with the Bureau of Land Manage- ment, hereinafter called "Bureau," whereby Bureau constructed and operated said facilities in accord- ance with District's contract with State; and J WHEREAS, County and Agency cooperation is required in the operation of said facilities and it is in the best interests of District, County and Agency that they cooperate in said operation of said facilities; and K. WHEREAS, District discharges filtered advanced secondarytreated wastewater into transmission and storage facilities and from transmission and storage facilities located within the boundaries of County and Agency and maintains Indian Creek Reservoir as a recreational reservoir with West Fork Carson River water and indian Creek waters for an indefinite term; and L. WHEREAS, the County, Agency and District desire to consolidate the Agreement and Amendments to into one agreement which reflects the modifications to the Agreement pursuant to the Amendments and delete provisions to the extent such provisions have occurred and/or have no further relevance. NOW, THEREFORE, the parties hereto agree as follows: 1. As used in this Agreement, "Lahontan" means the Lahontan Regional Water Quality Control Board created by the Water Code of the State of California or its successor in jurisdiction. 2. District constructed, operates and maintains a pipeline and discharge facilities within the boundaries of County and Agency as depicted on Exhibit A. 3. Agency agrees, that in the event of the use of said pipeline by Agency or its assigns, to pay to District a proportion of the cost of maintenance of said pipeline from the point of any inlet hookup to the point of discharge in the general area shown on Exhibit A, in the ratio of Agency's actual flow or gallonage to the total use of the pipeline. Agency further agrees that in the event of use of said discharge facilities by Agency or its assigns, to pay District a proportion of the cost of maintenance of said discharge facilities. 4. District installed in said pipeline and at said discharge facilities at District's expense the following: 2 SB 313396 vl: 007627.0065 Two connections for outlets for irrigation purposes for the use and benefit of landowners in County, one in the general Diamond Valley area and one at the reservoir constructed by District at such places as specified by Agency. Four connections for outlets for fire protection and irrigation purposes, all at such places as specified by Agency and depicted on Exhibit A and one future connection to be located as determined in paragraph 15(1) below. Any discharge from an outlet by Agency shall comply with all waste discharge requirements of Lahontan required of District or Agency for such discharge, and shall further be subject to the express consent of Lahontan, if required byLahontan. For the purposes of this Agree- ment with respect to any such discharge by Agency, Agency shall be considered a person discharging sewage as defined in the Water Code of the State of California. Agency or its assigns shall have the right to install in said pipeline at Agency's expense, the following: Connections for inlets in the vicinity of Hope Valley where specified by Agency to accommodate a discharge into said pipeline as specified in para- graph 2 hereof. Connections for inlets into said pipeline in the vicinity of Woodfords where specified by Agency to accommodate a discharge into said pipeline as speci- fied in paragraph 2 hereof. Any discharge of treated sewage effluent into any inlet by Agency, shall complywith all waste discharge requirements of Lahontan required of District or Agency for such discharge, and shall further be subject to the express consent of Lahontan, if required by Lahontan. For the purposes of this Agreement with respect to any such discharge, Agency shall be considered a person discharging sewage as defined in the Water Code of the State of California. Any discharge of water by Agency into any inlet shall be subject to any waste discharge requirements of Lahontan required of District. Such discharge shall be considered as a source of water pollution or nuisance as such terms are defined in the Water Code of the State of California and Agency shall meet all prescribed requirements o f Lahontan therefore. Such discharge shall further be subject to the express consent of Lahontan, if required by Lahontan. 5. District agrees to assume ail liability for the construction, operation and maintenance of said pipeline, and discharge facilities, and to hold Agency and County harmless fi.om any liability arising fi.om the construction, operation and maintenance of said pipeline during the term of this Agreement, except for acts arising out of the use by Agency as specified in paragraphs 3 and 4 herein. 6. The parties hereto agree the water or waste or treated sewage effluent discharged into and from said pipeline or at said discharge facilities shall conform to all existing or furore specifi- cations and requirements of Lahontan for discharge of said water or waste or treated sewage effluent and said discharges shall comply with any requirements of the Department of Public Health of the SB 313396 vi: 007627.0065 3 State of California. In the event District or Agency at any time fails to maintain the quality of water or waste or treated sewage effluent now or hereafter required by Lahontan or the Department of Public Health of the State of California, or the requirements of paragraph_8 hereof, then either Dis- trict or Agency or County, as the case may be, may apply to and obtain from a court of competent jurisdiction an immediate order of injunction prohibiting the use of said pipeline and discharge facilities by the party in violation until said specifications and requirements are complied with. 7. District and Agency agree to provide the other and County, upon demand, copies of all monitoring reports required to be kept by the District, or Agency, as the case may be, and submitted to Lahontan, to allow the other and County the right to inspect at all reasonable times any of District's or Agency's works or treatment facilities, and to take tests and samples at any time of water or waste or treated selvage effluent proposed to be discharged or discharged into and from said pipeline and from said discharge facilities. 8. In the event District subsequently develops process or processes approved by Lahontan, and all other governmental agencies, other than County or Agency, which District is subject to the control thereof, for retaining treated sewage effluent from its works within the Lake Tahoe Basin and is not required to export the same from the Lake Tahoe Basin to County or else- where, and actually puts such process or processes to use and has no further need for said pipeline and discharge facilities for export into County, District agrees to assign all its right, title and interest in said pipeline and discharge facilities within County to Agency if Agency requests in writing any such assignment; provided, however, that the right of Agency to said assignment and the right of District to assign under the conditions set forth in this paragraph shall be expressly contingent upon the permissibility of such assignment pursuant to Chapter 47, Statutes of 1966, First Extraordinary Session of California, and any past or future amendments thereto, and further expressly subject to any administrative role, directive, regulation, requirement or decision of the contracting agency of the State of California with District pursuant to said Chapter 47, Statute of 1966, First Extraordinary Session of California, and further expressly contingent upon the permissibility of such assignment by the Federal Water Pollution Control Administration of the United States of America, or its successor, and further expressly contingent upon the permissibility of such assignment by the Bureau of Land Management of the United States of America, or its successor, and further subject to any administrative rule, directive, regulation, requirement or decision of any governmental agency, other than County or Agency, which District is subject to the control thereof or from whom District has received financial assistance by grant or loan for construction, maintenance and operation of said pipeline and discharge facilities, including financial assistance for any recreational benefits of a reservoir constructed by District pursuant to paragraph herein. Said assignment shall further be subject to District being released from any outstanding balance of principal and interest due by District to the State of California for any loan or loans made by the State of Califurnia to District for the construction of said pipeline and discharge facilities, including any loan for recreational benefits of said reservoir, as of the time District places in operation such process or processes. Said assignment shall further be subject to District being released from any other outstanding obligations of District for the construction of said pipeline and discharge facilities to the State of California, Federal Water Pollution Control Administration pursuant to Public Law 660, the Bureau of Land Management of the United State of America, and any other governmental agency from whom District has received financial assistance for the construction of said pipeline and discharge facilities. It is agreed that Agency shall have the right at all times to use said pipeline and discharge facilities SB 313396 vl: 007627.0065 4 in the manner by this Agreement specified in paragraphs 3 and 4 without assuming such obligations and without the necessity of an assignment by District to Agency at the time District places into operation such process or processes for retaining treated sewage effluent in the Lake Tahoe Basin. 9. By the execution of this Agreement, County and Agency agree that they shall impose no xvaste discharge requirements greater than contracted for by District, County and Agency. County and Agency further agree, by execution of this Agreement and any amendments thereto, that the exportation of treated selvage effluent to, and the discharge thereof, in County by District shall be solely governed by the terms and conditions of this said Agreement and any amendments thereto. 10. In the event Bureau fails to operate recreational facilities through the term of said State Contract which expires October I, 2022, County shall have the right to operate and maintain said recreational facilities in accordance with the provisions of District's contract with State, for the remainder of the term, except as hereinafter provided, without charge therefor to District. District shall notify County in writing of any said Bureau failure and County will give District written notice of its intentions. If County elects not to operate and maintain said facilities, District shall have the right to operate and maintain said facilities or to close them. If County elects to operate and maintain said facilities and does so, but prior to the end of the term of District's contract with State, County elects not to continue to operate and maintain said facilities, County shall give District written notice of its intentions, and District shall then have the right to operate and maintain said facilities or close them. 11. District will furnish County and Agency and its assigns with the District's projection of estimated quantities of treated effluent to be discharged into Harvey Place Reservoir on or before January 1 of each year thereafter. 12. District may modify and/or construct or cause to be modified and/or constructed the following facilities within the boundaries of County and Agency: A dam and reservoir below Indian Creek Reservoir at Harvey Place shown in Exhibit A. (b) Export Pipeline and construct wastewater and water transmission faci lities to Harvey Place. (c) West Fork Carson River water transmission facilities to and from Indian Creek Reservoir. (d) Transmission facilities to reroute Indian Creek waters above Harvey Place to Indian Creek Reservoir and from Indian Creek Reservoir to Indian Creek below Harvey Place. (e) Structures necessary for delivery and control of wastewater and water discharged by District from Harvey Place Storage Reservoir or Export Pipeline. SB 313396 v1:007627.0065 5 (0 The Diamond Ditch system for purposes of delivery ofwastewater and water to and on lands, and the irrigation thereof, on the properties generally described as Property I, Property 2, Property 3, Property 4, Property 5 and Property 6, and depicted on Exhibit B. (g) The Diamond Ditch system or other transmission facilities for the purposes of delivery of wastewater and water to and on lands, and the irrigation thereof, on the properties generally described as Property 7 and Property 8, and depicted on Exhibit B. (h) The wastewater and water facilities for the purposes of delivery of waste- water and water to and on lands, and the irrigation thereof, and/or construct, maintain and operate a sprinkler irrigation system or systems for the purposes of delivery of wastewater and water to and on the lands, and the irrigation thereon, on the property generally described as Property 9, and depicted on Exhibit B. (i) Wastewater facilities for the purposes of delivery of wastewater to and on lands of Harvey Place, and the irrigation thereof, not inundated by the reservoir constructed on Harvey Place. 0) Emergency spillway facilities for Harvey Place dam and reservoir and diversion structure on Indian Creek and flood channel or channels therefore to divert storm waters around Harvey Place. (k) Fencing for Harvey Place and construct any facilities required by the Cali- fomia Department of Fish and Game mitigation plan for wildlife habitat caused by Harvey Place Reservoir inundation. (1) Construct, maintain and operate flood irrigation system or systems on Property 3, shown in Exhibit B, for purposes of delivery of wastewater or water to said lands and the irrigation thereof. 13. District may discharge filtered advanced secondary wastewater through said modified Export Pipeline and constructed transmission facilities to Harvey Place dam and reservoir, store wastewater in said dam and reservoir and discharge said wastewater to and on Properties 1 through 9 as shown in Exhibit B, and emergency spillway discharge from Harvey Place dam and reservoir. Said wastewater and discharge shall meet the requirements established by the California Regional Water Quality Control Board, Lahontan Region, the California Department of Public Health, and approved by the Environmental Protection Agency, or their successors in interest. 14. The District may discharge up to 6,800 acre feet per calendar year of filtered advanced secondary wastewater through said Export Pipeline into Alpine County. All discharge of filtered secondary treated wastewater to lands within the boundaries of County and Agency shall be by written contract with the landowner upon whose lands discharge is made, which written contract shall be approved by County and Agency. SB 313396 vi: 007627,0065 6 15. During the period o f discharge of filtered secondary treated wastewater through said modified Export Pipeline and constructed transmission facilities to HarveyPlace dam and reservoir, storage of said wastewater at Harvey Place, and discharge from Harvey Place: (a) District shall maintain Indian Creek Reservoir at a minimum pool elevation of 5,589 feet, staff level 45 feet, water surface area 110 acres, and reservoir storage of 1,515 acre feet during April 1 through October 1 each year with West Fork Carson River and Indian Creek waters, except during dry years when District may maintain a minimum pool elevation of 5,584 feet, staff level 40 feet, water surface area 88 acres, and reservoir storage of 1,050 acre feet and except for repairs and maintenance that require draw downs below said minimum pool elevation. A "dry year" shall mean a year in which there is insufficient water available to District from the West Fork Carson River and Indian Creek waters to maintain a minimum pool elevation of 5,589, staff level 45 feet, water surface area 110 acres, and reservoir storage of 1,515 acre feet. District shall operate said reservoir within the ICR Operating Rule Curve Graph set forth in Exhibit C. (b) District shall provide flushing flows for Indian Creek Reservoir from re- routed Indian Creek and West Fork Carson River flows through said reser- voir. (c) District changed Indian Creek reservoir waters from tertiary treated effluent waters to West Fork Carson River and Indian Creek waters, changed said reservoir to a fresh water reservoir and shall maintain the quality of said reservoir's water suitable for fresh water recreational purposes. The parties shall further maintain said reservoir as a fresh water trout fishery by planting trout species in said reservoir. The District shall pay for said planting in an amount equal to the purchase of 15,000 pounds catchable size trout, annually. If it is determined by Alpine County Fish and Game Commission that the level of planting in Indian Creek Reservoir does not require all or any part of the said 15,000 pounds of catchable size trout annually, the County shall plant said trout in other streams in Alpine County, designated by the Alpine County Fish and Game Commission. By each and every February 15, during the remainder of this agreement, Alpine County shall supply two (2) written quotes based on the purchase ofcatchable rainbow trout. The District shall have thirty (30) days to verify said prices. If the District objects to said prices, the District shall notify Alpine County and they will work together to obtain reasonable and agreeable prices. If the District has not objected to said price within the thirty (30) day period, the District shall then pay to Alpine County on or before April 15th the total price to purchase said fish. County agrees to use all said funds for fish purchases and plantings only, and will document such by providing invoice copies after the end of the fish planting season and prior to February 15th of the following year. Any funds not expended in a fish planting season will be carried forward to the follow- SB 313396 v I: 007627.0065 7 (d) (e) (0 ing year. The balance carried forward will not exceed the most current average price of 10,000 pounds of catchable rainbow trout. Any balance exceeding that limit will be deducted from the following year's budget payment. Said planting by the County shall be accomplished only with the approval of the California Department ofFish and Game Commission. The parties signing this Agreement, may at any time request renegotiation of the terms of payment, stocking and delivery of this Agreement within 30 days written notice. All other terms of this Agreement are to remain the same. District shall monitor the filtered advanced secondary treated wastewater at its treatment plant and in Alpine County as required by the California Regional Water Quality Control Board, Lahontan Region, the Call forrda State Department of Public Health, and further monitor surface water, groundwater and soils in accordance with the Soil Conservation Service Report entitled "Impacts: Land Application of Domestic Wastewater on Alpine County," dated November, 1980, at its sole expense. District shall furnish County and Agency with copies of said monitoring. District shall pay County and Agency a total impact/mitigation/compensation fee orS100,000 per year commencing on the date of Environmental Protec- tion Agency and State Water Resources Control Board Grant offers to District and District acceptance thereof for construction and~or modification of the facilities described in Paragraph 12 to compensate for and to mitigate the impacts of the District project in Alpine County permitted under this Second Amendment to Agreement. The amount of said fee shall be increased annually equal to the percentage increase in sewer connections to the District's system during the preceding year, said increase to commence the year following the completion of District facilities described in Paragraph 12. County and Agency may use said modified Export Pipeline and constructed transmission facilities to Harvey Place for transmission of filtered advanced secondary wastewater or water meeting all requirements for wastewater quality required of District in Paragraph 14 up to a maximum of I50,000 gallons in any given day, but may store in Harvey Place only up to a maximum of 27.3 million gallons or 83.8 acre feet, which is the computed seasonal storage for 182 consecutive days, during the period October 1 through April 1. District shall discharge from Harvey Place any said wastewater or water up to 168 acre feet in any given year, which is the computed yearly volume of a maximum of 150,000 gallons in any given day for one year. District shall bear the expense for the operation and maintenance for County and Agency use of modified Export Pipeline, Harvey Place and discharge from Harvey Place for up to a maximum of 150,000 gallons of said wastewater or water discharged into said pipeline in any given day by County and Agency. SB 313396 vi: 007627.0065 8 (g) (h) (i) (J) (k) County and Agency may use said modified pipeline and transmission facilities to Harvey Place for up to a maximum of two million gallons in any given day of wastewater or water meeting all the requirements for water quality required o fDistrict in Paragraph 13, but must discharge the excess of 150,000 gallons in any given day from Harvey Place without storage in Harvey Place on lands in Alpine County not required by District for discharge of up to 6,800 acre feet annually of filtered advanced secondary treated wastewater and said 150,000 gallons of County and Agency discharge. The discharge by County shall meet all requirements for wastewater or water quality required of District in Paragraph 13. County shall monitor the quantity and quality of flows of said wastewater or water required of District for monitoring. County shall furnish District with copies of said monitoring reports. District shall then charge County and Agency with the proportion of the operation and maintenance costs for those facilities used by County and Agency and submit an annual statement therefore within twenty-five days after the end of the calendar year for the use in excess of 150,000 gallons in any given day. County and Agency shall then pay District said charge within two months after receipt of said statement of charges. County and Agency may not use transmission facilities to Indian Creek Reservoir for waste water or water and storage in Indian Creek Reservoir; provided, however, that County and Agency may use said transmission facilities and storage in Indian Creek Reservoir when not required by District. County and Agency may independently monitor the filtered advanced secon- dary treated waste water at District's treatment plant and in Alpine County, and surface water, groundwater and soils recommended for monitoring of said effluent by said Soil Conservation Report. District shall pay County $15,000.00 annuallyin advance for costs of said monitoring commencing on the date of Environmental Protection Agency and State Water Resources Control Board grant offers to District and District acceptance thereof for construction and/or modification of the facilities described in Paragraph 12. Any unused costs of said $15,000.00 annual payment may be carried over and used in the next succeeding four years. Ifthecosts for the level of monitoring established during the first five years increase, District shall pay annually in advance said increased costs for said established level of monitoring. County shall furnish District with copies of said monitoring. In the event any water source in Alpine County is contaminated for domestic use as a result of the discharge of filtered advanced secondary waste water by District, District shall supply the users of said water source an alternate water supply meeting Public Health Drinking Water Standards. District shall construct and maintain two (2) fire hydrants fi.om the Export Pipeline, including valves, fittings, connectors, and appurtenances, at the District's sole expense. SB 313396 v1:007627.0065 9 (1) The use of any fire water protection pipeline cormected to Export Pipeline shall be subject to any applicable regulation by the California Regional Water Quality Control Board, Lahontan Region, the California Department of Public Health, the Environmental Protection Agency, and the Alpine County Health Department. 16. in the event of discharge by District and use on any of the land or lands pursuant to Paragraph 14 results in impairment of the quality of water of the Carson River or Indian Creek, or the domestic underground water supply, or the soil, so as to cause enforcement action by the Cali- fornia Regional Water Quality Control Board, Lahontan Region, or the California State Department of Public Health, or the Environmental Protection Agency, or the Nevada Environmental Protection Agency threatening to order or ordering a cease and desist of further discharge or any said land or lands, or any land no longer contractually or by the terms of any contract is not using said waste water so discharged, District may construct discharge facilities for discharge of said waste water by contract to and on other lands within Alpine County, and if no such lands are available, District may use the facilities constructed pursuant to Paragraph 14 to discharge and use waste water outside Alpine County. Technical violations of waste discharge requirements or permit requirements for the discharge and use of filtered advanced secondary treated wastewater discharged into Alpine County and used in Alpine County not resulting in threatened or actual cease and desist enforcement shall not be a cause for District electing to discharge and use wastewater at other locations than those specified in Paragraph 17 under the provisions of this Paragraph. 17. The parties shall construct or cause to be constructed any small hydro-electric facilities on Export Pipeline, Indian Creek Reservoir and Harvey Place by joint venture agreement. 18. County agrees to grant District permits required by County and necessary for the purposes of constructing and maintaining the facilities provided in Paragraph 13. District agrees to comply with present standards of County for construction and maintenance of said facilities. 19. District shall be responsible for the discharge and use of filtered advanced secondary treated waste water discharged by District in Alpine County and shall save County free and harmless from any and ail liability and claim for damages by reason of any injury to any person or persons, or property, including County and Agency, arising out of any cause whatsoever in connection with the discharge of said waste water into Alpine County, the Harvey Place dam and reservoir use, and the discharge and use of said waste water from Export Pipeline, and Harvey Place dam and reservoir from the facilities constructed by District pursuant to Paragraph 16, and use on the lands pursuant to Paragraph 14, 15 and 16. 20. District agrees to maintain in force during the term of this second amendment, at its sole expense, public liability insurance adequate to protect against liability for claims for damages by reason of any injury to any person or persons, or property, including County and Agency, arising out of any cause whatsoever in connection with the discharge of said waste water into Alpine County, the Harvey Place dam and reservoir use, and the discharge and use of said waste water from Export Pipeline, and Harvey Place dam and reservoir from the facilities constructed by District pursuant to Paragraph 16, and use on lands pursuant to Paragraph 14, 15 and 16. Said insurance SB 313396 vi: 007627.0065 1 0 shall be in a minimum amount of five million dollars for each occurrence of personal injury and/or property damage. Any insurance policy or policies shall include only those deductibles payable by District as are included in insurance policy or policies deductibles for other District liability insur- ance for District operations outside of Alpine County. A certificate or certificates of insurance shall be delivered to County for keeping. District agrees to obtain a written obligation from its insurer or insurers to notify County in writing at least sixty (60) days prior to cancellation or refusal to renew any such policy. District agrees that if such insurance is not kept in force during the terms of this Agreement, County and Agency may terminate the provisions in paragraphs 13, 14, 15 and 16-21 of this Agreement by giving written personal service notice to District. 21. District shall amend its contracts with the State of California, Department of Water Resources, and the United States of America, Bureau of Land Management, prior to constructing the facilities provided in Paragraph 13, which amendments shall specifically permit the use of Indian Creek Reservoir as a fresh water reservoir and confirm to the applicable provisions for the operation and maintenance of said reservoir during the term of any discharge of filtered advanced secondary treated waste water within the boundaries of County and Agency. 22. GENERAL PROVISIONS. 22.1 Recitals. The recitals stated at the beginning of this Agreement of any matters or facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the recitals, if any, shall be deemed a part of this Agreement. 22.2 Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted, to be effective, shall be in writing and shall be delivered, either in person or by mailing the same by United States mail (postage prepaid, registered or certi- fied, return receipt requested) or by Federal Express or other similar overnight delivery service, to the party to whom the notice is directed at the address of such party as follows: TO: SOUTH TAHOE PUBLIC UTILITY DISTRICT South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Attn: General Manager With a copy to: Gary Kvistad, Esq. Hatch and Parent 21 East Cardllo Street Santa Barbara, Cahfomia 93101 TO: COUNTY OF ALPINE Board of Supervisors County of Alpine P.O. Box 158 Markleeville, CA 96120 11 SB 313396 vi: 0076270065 TO: ALPiNE COUNTY WATER AGENCY Alpine County Water Agency P.O. Box 158 Markleeville, CA 96120 With a copy to: Dennis Crabb, Esq. Rollston, Henderson, Rasmussen & Crabb 591 Tahoe Keys Blvd., Suite D8 South Lake Tahoe, CA 96150 Any communication givenbymall shallbe deemed delivered two (2) business days after such mailing date, and any written communication given by overnight delivery service shall be deemed delivered one (l) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address. 22.3. Successors ~. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Agree- ment, express or implied, is intended to confer on any person other than the parties or their respective heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 22.4. Assignability. This Agreement shall not be assignable by either party without the prior written consent of the other party, who shall have the sole discretion to consent or not to consent to any proposed assignment. Any attempted assignment without the approval of the other party shall be void. 22.5. Waiver. No waiver by any party of any of the provisions shall be effective unless explicitly stated in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained in this Agreement, and in any documents delivered or to be delivered pursuant to this Agreement. The waiver by any party of a breach of any provision of this Agreement shall not operate or be con- strued as a waiver of any subsequent breach. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 22.6. Headings. The section headings contained in this Agreement are for conven- ience and reference only and shall not affect the meaning or interpretation of this Agreement. 22.7. Severability. Ifanyterm, provision, covenant or condition of this Agreement shall be or become illegal, null, void or against public policy, or shall be held by any court of com- petent jurisdiction to be illegal, null, void or against policy, the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired or invalidated. The term, provision, covenant or condition that is so invalidated, voided orheld to be unenforceable, shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Agreement. 12 SB 313396 vi: 007627.0065 22.8. Counterparts. This Agreement may be executed in any number of counter- parts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 22.9. Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agree- ment intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action against any party to this Agreement. 22.10. Attorneys' Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an action for declaratory relief, is brought t9 enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees award shall be made as to fully reimburse for all attorneys' fees, paralegal fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs and expenses paid or incurred in good faith. 22.11 Venue. In the event District, County or Agency institutes any legal action in a court of competent jurisdiction against any party to this Agreement in connection with acts arising out of this Agreement, the parties agree to execute and file a stipulation with said court of competent jurisdiction permitting the transfer of the place of trial of said action to a County in California other than Alpine, E1 Dorado, or any County in which a counsel for any party has an office for the practice of law. 22.12. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Agreement, provided that the requesting party shall bear the costs and expense of such further instruments or documents (except that each party shall bear its own attorney's fees). 22.13. Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and condi- tions of this Agreement. 22.14. Construction. The provisions of this Agreement should be liberally con- strned to effectuate its' purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. 13 SB 313396 vi: 007627.0065 22.15. Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust or parmership duty, obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obliga- tions under this Agreement. 22.16. Authority. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform all acts required by this Agreement, and that the consent, approval or execution of or by any third party is not required to legally bind either party to the terms and conditions of this Agreement. 22.17 Mediation. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, before filing a lawsuit or resorting to any other form of dispute resolution. The mediation shall be conducted by a qualified, mutually agreed upon mediator who shall be a retired judge. Mediation fees, if any, shall be divided equally among the Parties inv°lved. If any Party commences a court action based on a dispute or claim to which this Paragraph applies, without first attempting to resolve the matter through mediation, then that Party shall not be entitled to recover attorneys' fees, even if they would otherwise be available to that Party in any such action. A Party shall satisfy the requirement of"first attempting to resolve the matter through mediation" by (i) contacting the other Party in writing, (ii) suggesting in the notification three (3) qualified mediators, and (iii) agreeing to post one-half of the highest stated deposit fee requested by the identified mediators, and (iv) participating in any scheduled mediation within thirty (30) days of the request. 22.18. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties. There have been no binding promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature, except as stated in this Agreement. This Agreement may be altered, amended or modified only by an instru- ment in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. iN WITNESS WHEREOF, the parties have executed this Agreement on the day and year and at the place first written above. SOUTH TAHOE PUBLIC UTILITY DISTRICT By. President of the Board of Directors SB 313396 vl: 007627.0065 (Signatures continued on following page) 14 Attest Clerk APPROVED AS TO FORM: By: Gary M. Kvistad Hatch and Parent, Attorneys for The South Tahoe Public Utility District COUNTY OF ALPINE By. Chairman, Board of Supervisors Attest Clerk ALPINE COUNTY WATER AGENCY By Chairman Attest Clerk APPROVED AS TO FORM: By Dennis Crabb Rollston, Henderson, Rasmussen & Crabb, Attorneys for The County of Alpine and The Alpine County Water Agency 15 SB 313396 vi: 007627.0065 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS TO: FR: Duane Wallace, President RE: BOARD MEETING ACTION ITEM NO: 7. d ITEM-PROJECT NAME: REQUESTED BOARD ACTION: November 7, 2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: ALPINE COUNTY CONTRACT Direct staff regardinq position letter to Hubert Bruns re: potential request to discharge untreated sewage into District Export Pipeline DISCUSSION: Mr. Bruns wrote a letter to the Board expressinq his concerns over the potential discharge of untreated sewaqe from Sorensen's Resort into the District Export Pipeline. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Hubert Bruns letter dated October 20, 2002 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO CATEGORY: GENERAL WATER SEWER~ X Hubert Bruns 1530 Foothill Rd. Markleeville, CA 96120 October 20, 2002 Members of the Board of Directors South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Dear Members, We have heard that someone from the Hope Valley area may have asked for permission to discharge untreated sewage effluent into your pipeline which discharges to Harvey Place Reservoir. It is not our intention to tell you what to do with your business, but we can tell you that no effluent which has not been treated to the extent that the State now requires of your plant will ever be discharged on our property or allowed to be conveyed in open ditch through our property. The reason we took your effluent was because of my interest in helping to keep Lake Tahoe blue and not because we needed it. As I have said before, I had a sticker on my windshield that said, "Keep Lake Tahoe Blue" as early as 1957. Accepting your effluent was worth thousands of times more to Lake Tahoe than it was to anyone in Alpine County. Furthermore, we did extensive research and investigation to be 99% sure that no damage would result from taking it. Under no circumstances will we take untreated sexvage on our land from someone who is too cheap to treat it and is so inconsiderate of the other residents of Alpine County and Carson Valley. If it is true that someone did ask ibr such a thing, that person should be ashamed. CC~ Sincerely, Alpine County Board of Supervisors Action Item 7.e Payment of Claims FOR APPROVAL November 7, 2002 Payroll 10/16/02 Payroll 10/30/02 Total Payroll 281,946.28 254,625.08 $ 536,571.36 Cost Containment - health care payments IGI Resources - natural gas Bank of New York - loan payment Total Vendor EFT Accounts Payable Checks Sewer Fund Accounts Payable Checks Water Fund Accounts Payable Checks Self-funded Ins Accounts Payable Checks Grant Funds Total Accounts Payable 149,967.53 12,512.50 $ 162,480.03 315,127.28 306,785.33 13,587.31 7,423.34 $ 642,923.26 $ 1,341,974.65 Grand To~l Payroll EFTs & Checks 10/30/02 EFT EFT EFT EFT EFT EFT EFT CHK EFT EFT CHK AFLAC Medical & Dependent Care CA Employment Taxes & W/H Federal-Employment Taxes & W/H Hartford Deferred Comp ManuLife Pension ManuLife Pension Loan Payments Orchard Trust Deferred Comp Stationary Engineers Union Dues United Way Contributions Employee Direct Deposits Employee Paychecks Adjustments Sub-total 490.03 10,521.26 65,547.65 1,484.99 0.00 6,189.44 11,292.28 0.00 77.18 131,240.41 27,781.84 0.00 $ 254,625.08 31 OCt 02 Payment of Clacns wb3 South Tahoe P.U.D. 10/31/02 PAYMENT O F CLAIMS REPORT 10/18/2002-11407/2002 Page 1 HU, C T 31, 2002, 2:50 W - -zeq: D3USLAS - - -1eg: GL 3L- -lcc: CSNSfl - -- -job: 261287 #77748-- -prrg: 09 <1.0 > -- report id: Default FPl ection: Check Stock ID: AP ; Check Types: MA, I V, RV, VH Vendor Narre Account # Description Amount Check # Type A W DIRECT AWWA A -1 CHEMICAL, INC ACTTCN PAK CO. CUM AF AC AIRVAC INC ALPEN SIERRA COFFEE CCNIPANY ALPHA ANALYTICAL r ALPINE METALS ALPINE SEPTIC & AMP= ARA ARK UNIFORM SERVICES 20 -01 -6073 LEEER2RaND REPAIR 10 -06 -6250 OPERATIONS 10 -00 -0422 CORAL & AtME IISIRATTCN 10 -03 -6048 ELECTRICAL SHOP 10 -00 -2532 GENERAL & AUVUNISIRATTCN 10 -02 -6051 PIMPS 10 -00 -6520 GENERAL & AIIV ISIRATTCN 20 -00 -6520 GENERAL & AII"IINISTRATTCIS 10 -01 -7442 umm'c ND REPAIR 10 -01 -7443 it ND REPAIR 10 -04 -6023 HEAVY MATNIFSIANZE 10 -02 -6051 PCMPS 10 -00 -2518 GENERAL & AtMt IISIRATICN 3 g1LL TOOLS Check Total • PS/ FITbt � JANTICRIAL SUPPLI INIFNICR LUII3Q2 PASS C , al INSURANCE SUPPLiHNENT Check Total : REP STATICNS Clack Tbtal : SUPPLMS SUPPLIES Check Total : DIESEL TANK REPLAC I"ENT -FLL DIESEL TANK rPLAN Check EILTER EQUIP /ELCG Check Total: REP =CMS Clack Total: tiEEFCR`7/RU S /TMELS PAYABLE Check Thal: 94.29 94.29 00051514 M4 -53.00 -53.00 00051369 RV 92.24 92.24 00051515 144 - 1,110.04 - 1,110.04 00049590 RV 125.00 125.00 00051513 NW 577.43 577.43 00051516 M4 144.00 96.00 240.00 00051517 MN 1,125.00 1,125.00 2,250.00 00051518 [44 65.69 65.69 00051519 Mnl 2,465.00 2,465.00 00051520 NW 1,013.10 1,013.10 00051521 MV pp��2 H a 31 P.U.D. 10/31/02 PAYMENT a L - -loc: �1,IE CLAIMS -3 261287 #J7748T-- pzo3: 10/%2002-11/07/2002 109 <1.07>--report id: CEQ2E�Si� Ca 31, 2002, 2:50 FM req: DOUGLAS—leg: Tefault Selection: Check Stc k ID: AP ; Check Types: NW,HW,RV,VH Vendor Nla re Atxcuuit # Deparrrrent STS FINE FRANIING 20 -21 -6621 AININISIRATICN A,91141 HT:STIR LEASING 10 -38 -5020 QSTOM R SERVICE 20 -38 -5020 CUSTOMER SERVICE ASSOC OF CALIF WATER AL TES 10 -19 -6200 BARD OF DIRECTORS 20 -19 -6200 BGARD OF DIRE`ICRS AVAYA FINANCIAL SERVICES AVISIA UTILITIES B00CASES BAER, JUSTIN EASHOR SZ LASPI1Z, LARRY BAY IDOL & SUPPLY INC 10 -39 -6709 FINANCE 10 -39 -6710 FINANCE Description Amxnzt Check # Type 10 -00 -6350 COAL & ALNIINISTRATICN 20 -00 -6350 GENERAL & ALNIINISIRATICN 20 -02 -4790 P(NES 20 -27 -6620 DISTRICT IlNEOF PTICN 10 -00 -2605 GENERAL & AEMENISTRATICN 10 -02 -8303 PUAPS 10-00-0421 GENERAL & PEITINISTRATICN 10 -00 -0423 GENERAL & ALMINISIRATIOT INCENTIVE & RECCCNITICN PRGR INCENTIVE & RE ITI PRGR Check �Tbt IFFENT RFNIATILEASE Check Total : TRP.VEL %/ TCN Check Total : LOAN PRINCIPAL PAYMENTS INTEREST ICheck Total : NATURAL CAS NATURAL CAS Check Iotal: OIEER SUPPLIES irk Total: AJBLSC RELATIONS EXPENEE ,Ibtal: Check REOGAT R INK@ LIPS Check Total: SBJP SUPPLY INVE:JIC Y MIL TOOLS 1NIVENICRY Total: 128.69 85.79 214.48 00051522 NW 67.29 44.86 112.15 00051523 NW 18.00 12.00 30.00 00051524 NW 628.34 61.64 689.98 00051525 NW 4,991.57 84.15 5,075.72 00051526 NW 546.98 546.98 00051533 NW 180.00 180.00 00051527 NW - 6,084.00 64,868.00 58,784.00 00051528 14 18.92 192.41 211.33 00051529 NW CCT 13 , 20022, 2:50 FM -31 Z PAYMENT 1 L L -- OF i'iE- A -?JW' 261287 #J7748 -- -ply X18 09 <1.01 >- -2Yeport id: South Tahoe Default Selecti : CYeck Stcck ID: AP ; Check Types: M',I- 1W,RV,VH Vendor Nixie Account # Departrnent Description Am r t CYec1c # Tye BER390114, I O BERRY -BINDC EY INaiSIMES BI STATE PROPANE &1 N, MARGIE BSS & NApioNEY Il° CASA C P I DIRECT CSMFO CSRMA 20 -02 -6200 AIES 10 -02 -4620 PLMPS 20 -02 -4620 AMPS 10 -00 -0415 ORAL & ALT4INISDRATICN 10 -05 -4630 EQUIPMENT REPAIR 20 -05 -4630 EQUIPMENT REPAIR 10 -03 -8281 ELECTRICAL SHOP 10 -22 -6200 HU/ANRESOURCES 20 -22 -6200 HUVN RESOURCES D1RECIOR 10 -06 -6071 OPERATICS 10 -19 -6250 BOARD OF DJREL -FDRS 10 -07 -4760 LABORATORY 20 -07 -4760 LABATORY 10 -39 -4440 FINANCE 20 -39 -4440 FIINANI 10 -01 -4521 L1FID REPAIR TRAVELAvESTINUS/ECUCATICN Check 'Total DIESEL OCAOLINET i F INVE IIS ' OIL & IEBRICANTS Check Total : 480V ChEck lbtal. 'TRAVEL P s /ETU. ncN Check 'Total : SHOP SUPPLIES IFS Clec]c 'Total : DES /ME BERSREPS /C=FICATI CYeck 'Total : LABDRATOR( SUPPLIES LABORATOFff SUPPLIES Check lbtal : ADVISORY Check Total : CSRIVA LIABILITY CLAMS 'Total : Check 152.58 152.58 00051530 FM 1,176.22 27.56 3,501.67 307.33 307.32 5,320.10 00051531 MW 206.50 206.50 00051532 M4 - 20.40 - 13.60 - 34.00 00051394 RV 547.08 547.08 00051534 M4 1,650.00 1,650.00 00051535 MST 31.80 21.20 53.00 00051536 M4 15.00 10.00 25.00 00051537 Ma 5,610.52 5,610.52 00051538 MA 31, P 0022, South Tahoe / / page 4 10/31/02 PAYMENT - -1� CNSZIE- A-I3c�: 261287 ## 77748--- prog: /1Q�5090 <1.07 >-- rreport id: QQ�F�SFC 2:50 AEI --req. D3LZ�AS -- -leg: Default Selecticn: Check Stock Vendor Narre CALIF ECA D OF EXALIZATIG1 CALIF DEPT OF HEALTH SERVICES CALIF DEPT OF MICR VEHICLES CALIF STY OF MUNICIPAL CALIF TAMER RESOURCES CTRL ED CALIFORNIA OVERNIGHT CANADA LIFE C71ROLLO EETU:NE PS CARRION, PAUL ID: AP ; Check Types: : Ma, HW, RV, VH Acrxxn'rt # Departmant Desa'iptiO1 Arrcu7t Check # Type 10 -00 -2607 GENERAL & ALMLNISIRATICN 10 -01 -6250 UNCERGRaND REPAIR 10 -01 -8302 1113a REPAIR 10 -39 -6250 FINANCE 20 -39 -6250 FINANCE 10 -28 -6250 ALPINE QL NIY 1.. 30 -00 -6744 SELF FUNDED »TRAN``E 10 -00 -2512 CORAL & ATSt7ISIRATIQJ 20 -29 -8157 EN3NEH LID 90 -98 -8828 EXPORT PIPE[17NE GPANT 10 -29 -8235 ENINEIHR= 10 -06 -8328 OPERATIONS 10 -05 -6075 ECIPMNT REPAIR 20 -05 -6075 EQJIFMENT REPAIR TEE TAY PAYABLE Check Total: LUES /NPI"ILBFRS'FIIPS ' ICA I REPL TV VEFIICl_ECY3ck Total • EuEs m i :a• -1 i PS /CEFTIFICPTI ruEs a : 1 u YS /C RTIFI ATI Check Total: gUES/[�v)BII2,q HIPS /CE EZ7IFICATI Check Total: Lrecac icwl: EXCESS TII SELF INSURED NffD LIFE INSURANCE Check Total: TANK CARII■TE2 MIN #1, REPLAC PLINL MS ST II PS FAFYCI SIY PLANT SCALA SYSTEM Check Total : SAFETY EXIPMENT/PHYSICALS SAFETY 132TIrn -vi/ LeiTZSICALS 1,826.00 1,826.00 00051539 NW 130.00 130.00 00051540 M^1 1,950.43 1,950.43 00051541 Mg 90.00 60.00 150.00 00051542 ma 70.00 70.00 00051543 NW 200.50 00051544 NW 11,384.47 2,372.05 13,756.52 00051545 NW 3,857.13 4,598.18 15,388.89 1,512.09 25,356.29 00051546 NW 34.50 34.50 South Tahoe P.U.D. THU, CCT 31, 2002, 10/31/02 PAYMENT O L - -1� CES11E ---j ±: 261287 #37748- -pro3 /18 09 <1.0707 /20re02rt id: C1Q2EC51C 2:50 FM - -req: D'L:LT3AS - -- leg: e3: Eefault Selection: Check Staid( ID: AP ; Check Types: Mn1,HW,RV,VH Vendor Nate Accost # DePartirent CENTRAL BUSINESS FO EVE INC CHARTS INC 10 -38 -4920 CUSTOMER SERVICE 20 -38 -4920 CUSTOMER SERVICE 10 -06 -4760 OPERATIONS Lesceiptian Pi nmt Check # Type 10 -22 -4405 EW N RE31HES 20 -22 -4405 }INN RESOURCES DAR COST CORMITTENF MT= INC 30 -00 -6742 SELF PUREED COST p IItENr CINCEPIS INC 30 -00 -6741 SELF FUNDED =HANCE CULLEN, JAMES W DTNENIIffiZIIMINE tMEO SERVICES CURP DAVI LABORATORIES 10 -01 -6250 UNDERGROUND REPAIR 10 -02 -8304 PUMPS 10 -22 -6079 HU4 N RED 20 -22 -6079 111/AN RESOURCES DIRECTOR 20 -07 -6110 IABORP Check lbtal: PRINPIN; PfaNfINTh Clerk Total: LABCRAMRY SUPPLIES k Total: CON1WL-ILIAL SERVICES CfTIRPCIU4L SERVICES Total : AENI ISIRATTCN FEE PRO Check Total: AIDIIIlIS'PpnIC1Q Check Total: Vendor Total: LUFS/ME EERSHIPS/ k FICATI JUN3 N PS RFIIJIID Check Tb 1 SAE PRAMS cc Total: Check Tota1 : 69.00 00051547 MA 516.25 371.29 887.54 00051548 Md 108.64 108.64 00051549 M4 68.88 45.92 114.80 00051550 NW 1,858.92 336.00 2,194.92 00051551 MV 7.92 7.92 00051552 NW 2,202.84 70.00 70.00 00051553 W 370.00 370.00 00051554 NW 622.44 414.96 1,037.40 00051555 MW 752.00 752.00 00051556 M4 South T a hoe P.U.D. 10/31/02 PAYMENT O F CLAIMS , REPORT 10/18/2002-11/07/2002 Pace 6 'IHU, CCT 31, 2002, 2:50 FM - -req: DW3LAS- - -leg: GL JL - -loc: C1�E1'1E - - - -j : 261287 #J7748-- -prop: 09 <1.07 > - -re�rt id: FC 7p-fault Selection: Check Stock ID: AP ; Check Types: M^I,HW,RV,VH Verrbr Nare Acccurt # lartrrent Description Prcamt Clerk # Type DYBEAL, T 1YFIDEL E N S RE]RCES INC EAG E VALLEY FRAMES 20 -01 -4520 UNDERGUED REPAIR 10 -21 -4405 AIININISIRATICIN 20 -21 -4405 ALNIINISIRATICN 10 -06 -4820 OPERATIONS ENVIFtCNvIENIIAL SYSTEMS RESESRCH 10 -37 -8262 INFORvATICN SYSIEMS F G L IINVII CLIMEN AL FFDFX FISHER SCIENTIFIC 20 -07 -6110 LABORATORY 10 -06 -8328 10 -38 -4810 10 -37 -4810 10 -29 -8235 90 -98 -8828 20 -29 -8393 20 -29 -8264 10 -28 -8285 20 -02 -4830 OFERATICNS CUSICNlER SERVICE INFCRvRITICN SYSTEMS =FT PIPPELINNE GRANT ECINEERINB ENGINEERING ALP= C3LNIY AMPS 10 -07 -4760 LABCRAICRY 20 -07 -4760 LABCRATORY FEOBILEEL OFFICE NPCDNES, SCOTT 10 -21 -4820 AII1INISTRATICN 20 -21 -4820 PENU IISIRATICN M1SC LIABILITY CLAM'S Check Total• CILIAL SERVICES Oil RP SERVICES check Total: OFF'10E SUPPLIES SOFTWARE, GIS Check Total: Check Total: Check Total: PLANT SCADA SYSTEM FCSDNIGE =NOES FC'ISTPLE DOMES SLUDGE HANDL= FACOLIFY =NE FHS III LPPS- CPMFY3flN TAHCE RESIORATTCN ACT FROJEC WELL,, GUM= RFTIRL T ALPINE CNIY MASER PLAN S.IPl'1CNS EXPENSE Check Total: I AFB JRATl7RY SUPPLIES LABORATORY SUPPLIES Cried( Total: 01,B'10E SUPPLIES OFFICE SUPPLIES c eck Total: 121.50 121.50 00051557 MCI 1,128.50 3,385.50 4,514.00 00051558 Ma 64.24 64.24 00051559 MW 9,126.05 9,126.05 00051560 Ma 407.00 407.00 00051561 VW 19.21 15.14 16.44 180.41 110.22 15.20 52.87 16.03 12.07 437.59 506.36 337.57 843.93 81.73 54.48 136.21 00051562 MN 00051563 MCI 00051564 Ma South P PAYMENT CLAIMS REPORT T /1 0c/ p2 7 CCT 31, 2002, 2:50 FM - -r : LC<GL ?s1 eg:a, JL - -1cc: C�1i --j± 261287 #J7748-- prod: 091.07>-- rert id: CI FC 1 fauit Selection: Check Stock ID: AP ; CItck Typs: NW,HW,RV,VH Accc rt # Departinant Uerrbr Nacre F%NARG I AGENCY Iascripticn Armunt Check # Type 10 -00 -0301 GOAL & ALNENIISIRATIQJ 20 -00 -0301 GENERAL & ALNLNISIRATIQV G B GENERAL EN3 CO71RAC.TOR INC 10 -01 -6042 UNEERataND REPAIR 10 -01 -6052 II .NJ REPAIR 20 -01 -6052 WIND REPAIR G F S CHEMICAL G S (INCEPTS GEC/MANS INC GILLESPTF ENTERPRISES INC GLOBAL tATP. SPECIAL ISIS GOLDEN SMIE C'FTTIif AR F'IN N E OFFC ASSN 10 -07 -4760 LABCRATCY 20 -07 -4760 LAS 20 -29 -8130 IIZIlERI 10 -37 -8262 INECiaTICN SYSTEMS 20 -37 -8224 TICK SYSTEMS 10 -02 -6051 PUMPS 10 -03 -8281 ELECTRICAL SFDP 10 -03 -6051 ELECTRICAL SHOP 10 -28 -6310 ALPINE COUNTY 10 -39 -4440 FTNIE 20 -39 -4440 FINANCE INSURANCE PREPAID INSURANCE PREPAID Check Total: GONGS & PI COVERS, Sc NA ICIES PIPE, COVERS, & Cneck a1 LA13 Y SUPPLIES LABCRATCRY SUPPLIES Check Total: AII"IINT MSIR PLAN, D/ SOFTWARE, GIS CCYY�c�cx GIS EQUIPMENT Check Total : 480VSTATICNS SWITCBGEAR CY eck 'Ibtal : AMP SIATIaS IIIEPBCNE ADVISORY ADVISORY Check 'Ibtal: Cneck 7Utal : Check Total• 514.20 342.80 857.00 00051565 NW 8,611.25 1,226.50 16,736.33 26,574.08 00051566 NW 53.67 35.78 89.45 00051568 NW 7,985.00 7,985.00 00051570 NW 00051571 NW 00051572 NW 10,613.32 7,075.54 17,688.86 320.00 800.00 1,120.00 630.00 630.00 00051573 NW - 186.16 - 186.16 00051425 RV 249.00 166.00 415.00 00051567 NW Seth CT 31 P.U.D. M 10/31/02 PAYMENT T2, - -1o: CEErIE CLAIMS --jWW: 261287 #J7748- - -prog 10/N0002-11/07/2002 9<1.01 > - repot id: CKRFSSSFC �, CC'I' 31, 2002, 2:50 FM - -rte: F =S - -- �: Default Selectica'i: Check Stcck ID: AP ; Check Types: NW,HN,RV,VH Vender Name pnocunt # Department Description PE- cunt Check # Type H F SCIENTIFIC 1NC HACH COMPANY HAFN CO T c, THCVAS HEIA,IIEIT PACKARD HUGO 1INDID LOCKSMITH INCUSIRIAL SAFETY IIV2EIRIAL SAFETY 10 -07 -4760 LABORATORY 20 -07 -4760 LABORATORY 10 -07 -4760 LABORATORY 20 -07 -4760 LABORATTRY 20 -00 -2605 GENERAL & ALMINISIRATICN 20 -29 -8264 =NEERIN3 10 -37 -6030 INTORvIATICN SYSIHV 20 -37 -6030 INFORMATICN SYSTEMS 10 -02 -6048 AMPS 10 -38 -4820 CUSIENE . SERVICE 20 -38 -4820 CLEItflR SERVICE 20 -38 -6045 QEJU'IER SERVICE 10 -01 -6075 UTERGFClNJ REPAIR 10 -01 -6075 UNDERGROUND REPAIR INCUSIRIAL SUPPORT TECH 1IC 10 -04 -6042 HEAVY MI NIEI2Q E INN BY THE LAKE 90 -98 -8828 EXPORT PIPELINE GRANT LABCRATCRY SUPPLIES LAB RATCRY SUPPLIES Check 'Ibta1 : SUP �k lbtal: TA ELL, L, G[ REDRII T Check Total: SERVICE =RAMS SERVICE Check Total: LUTHER PASS POMP STATION OFFICE SUPPLE CMFICE SUPPLIES WATER METERS CYeck Total: SAFETY EQUIPMENT/ PHYSICALS Check SAFETY EQUIPMENT/PHYSICAL Check al Vendor Total• C.N5 & MUNIENANCE Total : MINE FHS III LPPS- C2AMEL3N 93.44 62.29 155.73 00051574 NW 26.06 17.37 43.43 00051569 NW - 17,201.20 172,012.00 154,810.80 00051575 NW 300.42 295.04 595.46 00051576 NW 1.88 6.40 4.27 19.20 31.75 00051577 NW - 424.50 - 424.50 00051437 RV 424.50 424.50 00051578 NW 0.00 500.00 500.00 00051579 NW 554.40 / 10 South CT 31, P.U.D. A- -r 10/31/02 P A 1 M EGL JL - -loc: �11E- A -IJWS 261287 #J7748-- prog:/18 09 <1.07>--report id: PC 'IFIU, CrT 31, 2002, 2:50 A�4 - -req: SAS - -- �' Default Selection: Check Stock ID: AP ; Check Types: NW,Hw,RV,VH Vendor Na re Account # Department K T 11 0 RADIO INC KAMAN BflEIRIAL TECIINCIEG KEN'S TIRE CENIhR ICY /JENKS CCNSUUDANTS INC TAKE TARE AUTO VILLA/ LAKESIDE NAPA 20 -27 -6660 DISTRICT INFCEMATTCN 10 -03 -6051 ELECTRICAL SHOP 10-05-6011 EQUIPMENT REPAIR 05 -6011 EHvENT REPAIR 10 -28 -8168 ALPINE CCANIY 20 -05 -6011 10 -05 -6011 10 -02 -6051 20 -02 -6051 20 -02 -6050 10 -02 -6073 20 -02 -6073 10 -02 -6071 20 -02 -6071 10 -02 -4630 20 -02 -4630 20 -29 -8264 10 -03 -6073 10 -04 -6041 ETTPMENT REPAIR EQUIPMENT REPAIR PUMPS AMPS AMPS AMPS PUMPS AMPS PUMPS PUMPS PUMPS SHDP ENEINDERINE HEAVY A NAINI Description Amcunt Check # Type Check 'Ibtal • WATER. aNSERVATICN Check EXPENSE Total: Verror Ibtal: ADS STATIONS AUICMDTIVE AUICM3TIVE ICR STUDY AUICM7TIVE AUTONETIVE Check Total• Check Total: CYEc k Ibtal : Check Tbtal : AMP SIATICNS PUMP =TONS WELLS SMALL :COLS SVYALL 'IDOLS SHDP SUPPLIES SHDP SUPPLIES OIL & LLPRICANIS WELL GLENWOO1 RD ILL SvALL TOOLS BUILDINGS - 122.76 00050318 RV 1,464.00 1,464.00 00051588 NW 1,341.24 213.42 213.42 00051589 NW 6.25 6.25 12.50 00051590 NW 5,130.00 00051591 NW 137.21 38.79 176.00 00051592 NW 19.36 66.58 8.13 23.79 23.78 8.95 8.94 77.66 24.23 43.32 38.56 2.89 P9 Frith OCT 31, P.U.D. 10 -31/02 PAYMENT O -1c C�1'1V CLAIMS --jW: 261287 #J7 48T - -pn4 10/12002-11/07/2002 09<1.07 <1.07>--report id: CE X'SFC �gpJ, OT' 31, 2002, 2:50 PM - -z�: Default Selection: Cneck Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account # D5partment INSTY- PRINTS INIFRSTAIE SAFETY & SUPPLY J &LPIC IrEENIl12 JE SEN PRE -CAST INC JOB'S PEAK PRIMARY CARE 10 -27 -4820 DISTRICT 1NFOF&A-TIQV 20 -27 -4820 DISTRICT INECWATICN 10 -38 -4820 CUSTOMER SERVICE 20 -38 -4820 CUSTOMER SERVICE 90 -98 -8828 EZFOIRT PIPELINE GRANT 10 -00 -0425 10 -39 -6077 10 -00 -0421 20 -01 -6075 Description Ann nit Check # Type COAL & ACKNISIRATICN FINANCE GENERAL Ec iIID REPAIR ALMENISIRATICN 10 -39 -6074 FINANCE 20 -39 -6074 FINANCE 10 -01 -6055 IIID REPAIR 10 -02 -6075 PLIES 20 -02 -6075 RIPS 10 -06 -6075 OPERATTQE JONES, J R 10 -19 -6200 BOARD OF DIRKS JORDAN'S TRUCK & TRADER EQUIP 10 -05 -6011 EXIPMENT REPAIR 20 -27 -6660 DISTRICT MIFCRNATICN K T H 0 RADIO IIE Check 'Ibtal : OFOFFIC SUPSUP OFFICE SUPPLIES OFFICE SUPPLIES ELINE PHS III LP kCPN INVENTORY SAFETY SUPPLIES FREIGHT DISCaNiS SHOP SUPPLY SAFETY Ex7JIPP7 a SI. al : JANTICRIALSEWICES JANITORIAL 2ERVICI3S Check Totl: anTRATEN&INFLUR Check Total: SAFETY EQUIPMENT /PHYSICA.LS SAFEII�Y EQJIP'PNNl' /PECSICALS Check Total TRAVEL/MEETINES/EDUCATI 'Total : I 3 era AUICM7PIVE Check Total: WATER CNSFRVATIQJ EXPENSE 554.40 00051580 NW 11.29 7.52 15.73 10.49 154.44 199.47 00051581 NW 800.10 67.01 517.51 366.02 1,750.64 00051582 NW 1,708.20 1,138.80 2,847.00 00051583 NA 1,415.70 1,415.70 00051584 NW 52.50 52.50 105.00 210.00 00051585 M^] 190.60 190.60 00051586 NW 278.29 278.29 00051587 P44 - 122.76 Scuth Tahoe 7, CCI. 31,P20022, 2:50 R4 --re t S -PAYMENT : OF �11�' --Jcb: 261287 #J7748- - -pscg 10/18/2002-11/07/2002 09<1.0i rt id: Mcsild ITirfai it t Selection: Check Stcc}c ID: AP ; Check Types: NW,HW,RV,VH Verrbr Narre Pcccnmt # DEPartrrent IASHER AUIO C E IIE LILLY'S TIRE SERVICE I. LOO MIS E1-113'3U & CO. M SC mU SIRIAL SUPPLY CO PARKET LAB MAPICSON LAB SALES 10 -04 -6042 H E A V Y M I N I E N D N C E 10 -05 -6013 EtJJIEME1gr REPAIR 10 -05 -6012 B,UIP4ENr REPAIR 20-05-6012 0 -05 -6073 EQUIHNEqr REPAIR 20 -05 -6073 BJTIWENr REPAIR 20 -05 -6011 EQUIPMENT REPAIR 10 -05 -6011 EQUIPMENT REPAIR 10 -28 -6042 ALPINE COUNTY 20 -05 -6071 EQ EVENT REPAIR 20 -38 -8368 10- 05-6011 20 -05 -6011 CUSTOMER SERVICE EQUIPMENT REPAIR EQUIPMENT REPAIR 10 -39 -4405 FINANCE 20 -39 -4405 FINANCE 10 -02 -7442 10 -07 -4760 20 -07 -4760 10 -07 -4760 20 -07 -4760 APES IABCIRAIDRY LA D.: scripticn Pmarit Check # Type C dUtS & NAINIENANCE GENIERATCRS NEBILE EQUIPMENT NESTf F EQUIRNNT SAALL TOOLS SvALL TOMS AUICMDTIVE A QNEPIVE SHOP SUPPLIES Check 'Ibtal : IOW IRK, NEW GS INSP :teal: Check AUICMDITVE AURacII JE Check Total: CDNIRACIUAL SERVICES CCNIRACTUAL SERVICES Cried( Tbtal DIESEL M IIC REPLY rT-- ELEL1L • LAiII;ff SUPPLIES IABCRi1ICRY SUPPLIES Tbtal • LARCRATOFff SUPPLIES Check 'Ibtal : 140.39 457.76 85.55 85.55 65.67 65.67 336.39 548.45 6.94 184.27 184.26 2,507.09 00051593 M4 21,713.77 21,713.77 00051594 NW 854.31 43.32 897.63 00051595 MK 284.50 189.66 474.16 00051596 NW 143.85 143.85 00051597 MK 33.60 22.40 56.00 00051598 NW 80.17 53.45 133.62 00051599 Ma S o u t h T a h o e P.U.D. 10/31/02 PAYMENT O F CLAIMS , REPORT 10/18/2002-11407/2002 Page 12 THU, CCT 31, 2002, 2:50 FM - -req: LCU�AS - - -1 : GL JL - -lcc: CINS1'IE - -- -Job: 261287 #J7748- - -pmg: 09 <1.07 > - -tort id: ONRECEPC Tefai:lt Selecticn: Check Stock ID: AP ; Check Types: I"W,HW,RV,VH Verrbr Nane Accc nzt # Departtrent Description MARSH -NC BIRNNEY INC NC NESTER CARR SUPPLY CO NIET7TRE, JOSEPH MEMO VIE YECROCHEOK 1NC NOTION INDUSTRIES INC MINTAIN CELLULAR 10 -01 -6055 UNDER2RSUND REPAIR 20 -29 -8157 RDThEERIN3 10 -02 -7442 FLIPS 10 -04 -6042 HEAVY NFIIINIHNANCE 10 -02 -6048 RNPS 10 -01 -6071 UNCERGROUND REPAIR 20 -02 -6051 AMPS 10 -02 -6051 AMPS 10 -04 -6071 HEAVY MAINTENANCE 10 -06 -6200 OPERATIONS 20 -02 -4405 REPS 10 -07 -4760 LAB:RA:CRY 20 -07 -4760 LABORATORY 10 -05 -6011 DJTIFNIENT REPAIR 20 -05 -6011 STIED/ENT REPAIR 10 -38 -6310 CUSTOMER SERVICE 20 -38 -6310 CUSTOMER SERVICE 10 -02 -6310 AMPS 20 -02 -6310 RIPS 10 -01 -6310 LIND REPAIR 20 -01 -6310 LINO REPAIR 10 -21 -6310 AiND NISIRATION INFILTRA`IICIJ & INFLOW Cleck Total : 'DANK, @RWER MIN #1 REPLAC DIESL TANK REPLAC�FIVT -FLL MOUNDS & MAIINIEINANCE LUTHER PASS RINP STATION SHOP REP STPPIC REP STATIONS SEEP SUPPLIES Check Total: TRAVEL /MERU:MS /0te AT1CM Check Tbtal : CONIRPL' AL SERVICES Total LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: AUICM3TIVE AUICKI IVE TEF EPHC IE TEF F'RINE TELEPHalE TIK F:PFENE TEIEEHLNE TEIFPFiNE Check Total: Arrant Check # Type 57.85 57.85 00051600 NW 83.16 145.78 208.68 74.91 553.84 311.62 120.60 251.34 1,749.93 00051601 MW 00051602 NW 282.86 00051603 IvW 80.30 80.30 282.86 96.00 64.00 160.00 00051604 NW 288.96 288.95 577.91 00051605 NW 13.51 9.01 34.87 40.56 19.59 25.57 21.97 South Tahoe CCT 31, P 2002, 2:50 FM 10/31/02 S - -leg. GL JL - -1oc: QN151'1E -IJcb: 261287 #07748T - -prcg X18 090c1.070-- re0crt id: P Default Selecticn: Eck Stock ID: AP ; Check TVIDes: M&,W,RV,VH Verrbr Ne[e Amt # Department N S I SOLUTIONS INC NEWV1 N 'TRAFFIC SI2 NINSUS ENEINIEERS INC NJLAN, LYNN N[.C, TSAR 20 -21 -6310 10 -29 -6310 20 -29 -6310 10 -27 -6310 20 -27 -6310 10 -07 -6310 20 -07 -6310 10 -05 -6310 20 -05 -6310 10 -03 -6310 20 -03 -6310 10 -28 -6310 10 -39 -6310 20 -39 -6310 ACHNISTRATICN ENETHIMRINU DISTRICT OFdvATICN LABORATRC EQUIPMENT RE1DAIR ELECTRICAL gra ELECTRICAL S[-CP ALPINE carry FINANCE FINS 10 -07 -4760 LAWPATC ' 20 -07 -4760 TABORA= 10 -01 -6052 11ID FAIR 20 -29 -8264 WNG D:scripticn Pmxlt Check # Type 10 -39 -4405 FINANCE 90 -98 -8829 Ems' PIPELLNE GRANT 20 -02 -4405 AMPS 10 -06 -6250 OPERATIQGIS TELEPECNE MEP:TIME TELERME TFT FPH NE TETFP a \E M FPF:NE TFT EPH NE TELEPHONE TFf EPHCNE =HMS FPF MS TFf FPFCNE TELEPHONE HNE Check Total: LABORATORY SUPPLIES LAECRAaORY Check metal: PIPE, COVERS, & MUIDTES Check Total: WELL, GIENVDCDRaRTLL Total: Check CONIRACTUAL BL PHASE II DPP TO END CENTRACIUAL SERVICES Check Total LLES /NEIEERSRIPS /CERTIFIC71TI Check 'Total : 14.65 58.56 39.04 3.52 2.34 3.47 2.31 2.69 2.69 2.69 2.69 13.52 3.23 2.15 318.63 00051606 NW 25.73 17.16 42.89 00051607 NW 465.00 465.00 00051608 NW 2,000.00 2,000.00 00051609 ?44 210.00 1,995.00 30.00 2,235.00 00051610 M^7 200.00 200.00 00051611 MA iaSouth Tahoe .UJ. l, CCT 13 ,P 20022, 2:50 FM 10/31/02 1 ECUG AS--- le3:EGU OL - -lcc: QN1SCJE-- --jcb: 26128E #J7748 - - -pr /18 09 <1.0 > -- report id: C SFC Default Selection: Check Stock ID: AP ; Check Types: M4,HW,RV,VH Verrbr Nane Accamt # Department OFF'10E DEPOT BUSINESS SERV DIV 10 39 -4820 10 -37 -4820 20 -37 -4820 10 -03 -4820 10 -07 -4820 20 -07 -4820 10 -00 -0428 10 -01 -4820 20 -01 -4820 10 -37 -4840 20 -37 -4840 10 -38 -4820 20 -38 -4820 10 -22 -4820 20 -22 -4820 10 -02 -6051 20 -02 -6051 10 -06 -4820 10 -29 -4820 20 -29 -4820 OFFICE PROFFSSICNAL, THE QVDDORIIM:NP INC PAC M4QLIIVE CD Dsscripticn Arrant Check # Type FINANCE FINANCE INFORW1TTCN SYSTEMS mFO TICNSYSYSIEMS P EIE=CAL LABORATORY LABCRATCRY GENERAL & AIIvDNISIRATICN thIER2ROUND REPAIR UNDERGROUND REPAIR MEERMITCN SYSTEMS INECWATICN SYSTEMS CLbTQFR SERVICE CUSICMER SERVICE BIM RESOURCES DIRECTOR AMPS PUPS OPERATIONS ELZINEIHRIM RUN ERIl 10 -21 -4830 AIIMINISIRATICN 20 -21 -4830 AEMENISTRATICN 10 -04 -6021 HEAVY ? SE 10 -06 -8331 OPERATIONS 10 -03 -8281 ELECTRICAL SHOP OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPL ES OF'F'ICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES INVENIL ' OFFICE SUPPLIES OFFICE SUPPLIES DISTRICT QT'PUIER SUPPLIES DISTRICT CEMR IFR SUPPLIES OHF'10E SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES PEEP SIATTQ S AMP STAIZCNS OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES Check Total: SU$S RIP1'1CNS EXPENSE SCIF CRIFTTCNS E PEn_R Check Tbtal: FRINz1RY EQJIF ck Tbtal : SELF PRIMEC AMP 480V SWflC R Check Ibtal : 15.50 10.34 47.79 31.85 39.98 16.25 10.86 849.23 134.06 134.05 197.67 131.79 228.49 152.32 79.80 53.20 31.80 31.80 47.19 10.26 6.84 2,261.07 00051613 MST 40.20 26.80 67.00 00051614 NW 800.80 800.80 00051615 M'1 - 268.13 2,895.75 2,627.62 00051616 Ma T7, CCT 13 , 20022, 2:50 FM0- 31ieq: D PAYMENT JL -10 : Qfl'1- A -Ij±: 261287 #J7748-- pnxg• /18 090 -2<1.07>--report id: C'TSPC SouthTahoe Eefault SPlecticaz: Check Stook ID: AP ; Check Types: NW,HW,RV,VH Verrbr Nave Accuit # Depot PACE EIVIROWENTTL PRA. INC 10 -03 -6024 ELECTRICAL SEW PACIFIC BELL PACIFIC BELL /VJJRID OCM 10 -00 -6320 20 -00 -6320 10 -00 -6310 10 -02 -6310 20 -02 -6310 10 -05 -6310 20 -05 -6310 10 -21 -6310 20 -21 -6310 10 -39 -6310 20 -39 -6310 10 -01 -6310 20 -01 -6310 10 -06 -6310 10 -22 -6310 20 -22 -6310 10 -07 -6310 20 -07 -6310 10 -37 -6310 20 -37 -6310 Description Arount Check # Type CORAL & ALMIIIISTRATICN GENERAL & AIIv'IINIS'IRATICN RMPS REPS EQUIPMENT REPAIR EQUIFFENT REPAIR. AIIMINISIRATICN FINAN2E FINANCE INCERGRaND REPAIR UNCERGMED REPAIR OPERATIQNS HINAN RESOURCES HYAN RESOURCES DwEEIL LABDRAICRY LABCRATOFff INFCRvATICN SYSTEMS INFCRIATICN SYSTEMS PARS NS I3A 10 -28 -8285 ALPINE COUNTY PERKS PIIMBIN3 & ITT INC, LA 10-02-6051 EVWY NAINTIRLE FUENACE EWIMvFNi Check Total SIQNAL CRAIG' SIGNAL CHARGES TELEFF NE TFT FPEINE TFT EPF NE TFF EPHCVE TELEPHONE TFTFP IE TELEPHONE NE TFT EEH NE TET FP INN TELEEHME TFT FPHME TELEPHONE TFT EEHME TFT EEH NE TFT FFT$NE, TELEPHONE FLT -[ NE TELEPHONE Check Total: Check Total: ALPINE CNIY MASTER (]a C PIAN Total GROUNDS �& E E CNS PLMP Check Total: 320.00 320.00 00051617 NW 247.60 31.86 00051619 NW 1,090.65 103.71 58.62 7.27 7.26 10.46 6.97 19.66 13.10 8.21 8.20 21.67 9.52 6.34 9.92 6.61 123.68 82.45 1,594.30 00051618 NW 37,301.98 37,301.98 00051620 NW 9,788.75 12,187.75 21,976.50 00051621 NW S o u t h T a h o e P.U.D. 10/31/02 PAYMENT O F CLAIMS REPORT 10/g2002-11407/2002 p 16 IHU, CCT 31, 2002, 2:50 PM - -raj: DaL AS -- -leg: GL JL - -lc : CNELLE-- - -jW': 261287 #J7748-- -prog: 09 c1.07 >- -report id: CIVSPC Default t Selection: Check Stork ID: AP ; Check Types • M4, HW, RV, VH Vendor Narre Account # Department Description Pnrzmt Check # Type PETIT CASH 10 -01 -6052 10 -01 -6200 20 -01 -6200 10 -02 -6051 10 -02 -6200 20 -02 -6200 10 -04 -6042 10 -05 -6200 20 -19 -6200 10 -22 -4820 10 -22 -6670 20 -22 -4820 20 -22 -6670 10 -29 -4820 10 -29 -6200 20 -29 -6200 10 -37 -4820 10 -37 -6200 20 -37 -4820 20 -37 -6200 10 -39 -4820 1 Th_ REPAIR UNDER:ROUND REPAIR INDERMOUND REPAIR PtYPS PiNPS AMPS HEAVY PRMTIENANCE EQUIPMENT REPAIR SCAM OF DIRECICRS alvAN RESOURCES H[NAN RR HLNAN RE9CURCE'S DIREJCI" HUW'N RESOURCES =JCR =NE ER= EMINEERINTh INFOiaF:TICN SYSIEMS INRDEvATICN SYSTEMS INFCIWATICN SYSIEMS FII1E T ICN SYSTEMS 10 -39 -6200 FINANCE 20 -39 -4820 FINANCE 20 -39 -6200 FINANCE 90 -98 -8828 EXPORT PIPELINE GRANT PINPOINT LOCATING E3TIFMENT & 10 -38 -8384 PIM-IT-PRODIETS R SUPPLY 10 -01 -7035 20 -01 -6052 CUSTOMER SERVICE LI _LE REPAIR LNDERGROIND REPAIR PIPE mums, & YAM -IDLES TRAVEL 1 eti /E rATnN TRAVEL ID 1 in. YZaTT�l PLMP r CNS ma DI ID I es/EDUCATICN TRAVEL /MWCN 'TRAVEL %� /EI7LL'ATICN OEF10E SUPPLIES PERSONNEL EXPENSE OFF'10E SUPPLIES PERSagNEL EXPENSE OFFICE SUPPLE TRAVEL %ETCH O1.1.'10E SUPPLIES TRAY SON OEM SUPPLIES IRA OFF'I SUPPLIES /D YICN RAVEL OFFICE PPLIES SU/EC ICN TRAnS_ [EULL'ATIQV EL NE III LPPS- CAMIbtal: Check Thal: NEW CS INSP LCX7LTJN3 EQUIP (leek Total: TAHOE YEADONS- LATERAL LINING Check Total: PIPE, CCJERS, & MANHOLES 10.00 20.00 10.00 10.00 7.70 7.70 10.00 10.00 17.00 19.30 5.18 12.86 3.46 6.42 26.44 2.96 6.44 13.69 4.29 9.12 5.14 13.58 3.43 9.05 11.10 254.86 2,631.54 2,631.54 1,224.69 1,224.69 - 1,019.73 00051622 MCI 00051623 MW 00051624 Ma S o u t h T a h o e P.U.D. 10/31/02 PAYMENT O F CLAIMS REPORT 10/82002-11/07/2002 17 17 THU, CSI' 31, 2002, 2:50 FM -- : AS AS- --1�J: a JL - -1o: CNSUE-- - -jcb: 261287 #J7748 - - -per: 09 <1.07 >- -report id: C242ECSFC tefa:lt Selection: Check St ck ID: AP ; Check Types: Ma,HIa,RV,VH Vendor Nene Account # Departnent RADIO SHPOC 20 -01 -6073 CHID REPAIR 10 -28 -6042 ALPINE COUNTY 10 -02 -4820 REPS 20 -02 -4820 FCMPS 10 -03 -6048 ECErIRICAL SHOP 10 -29 -4820 flEERINU 20 -29 -4820 ENThINEFRDD 10 -01 -6055 UIID REPAIR RENEE NJRLAL VALLEY - SACRAMENTO 10 -06 -8328 OF R.AITQE 337IT SPECIALTY CASES SEARS SECURED =RALE SF BAY SEJ TICN SETY TPN3 LAY SHIELDS HARPER & CO III 10 -06 -8112 OPERATIQ3S 10 -04 -6071 HEAVY r4k NIIHNAN E 10 -04 -6073 HEAVY Ma CE 10 -21 -4820 AIISIRATICN 20 -21 -4820 AIN NISIRATIQQ 10 -04 -6200 HEAVY NATNIENANCE 10 -01 -7443 iNDERGRaND REPAIR 10 -01 -7442 UNDERGROUND REPAIR 10 -02 -7442 RNIPS Description Ancunt Check # Type SvIALL TOMS C33'TNC6 & MAINIENANCE Check Total: OrriCE SUPPLIES OFFICE SUP IDIHER PASS PLIES File =ION Orr'10E SUPPLIES OFE'iCE SUPPLIES INS LThATICN & INFLOW Check Total: PLANT SCALA SYSTEM ck abtal: caumuaE EMISSICNS xNlbf a SHOP SUPPLIES SMALL TCOLS Clack Total: Orr'10E SUPPLIES O141.10E SUPPLIES Cik Lljtal : `RAVEL /MEETINGS/ ICN DID TANK REPLANT -PLAN DIESEL TANK REPLAO"R7T -FLL DIESEL LANK RFW Q Z-FLL 251.35 997.77 229.39 00051625 MNI 5.63 5.62 38.05 64.34 42.89 27.86 184.39 5,669.48 5,669.48 1,076.34 1,076.34 108.74 141.01 249.75 00051629 Ma 58.50 39.00 97.50 00051630 NW 00051626 Ma 00051627 Ma 00051628 Ma 140.00 140.00 00051631 NW 5,006.95 5,454.54 289.29 10,750.78 00051632 NW oath Tahoe P.U.D. 10/31/02 PAYMENT O F CLAIMS , REPORT 10/18/2002-11/07/2002 id: C THJ, CCT 31, 2002, 2:50 TM --rem DOLTLAS -- -163: C3, JL - -lo: CNSJTE - -- -Job: 261287 #J7748---pr cg: 09 <1.07>--report Default Felecticn: Check Stork ID: AP ; Cock Types: NW,HW,RV,VH Vendor Narre Account # DEpartment Description Pr¢xmt Clock # Type SIERRA CHEMICAL Co SIERRA FCYJII LL LABCRAIL Y SIERRA PACIFIC POWER SIERRA TAHOE READY MIX SIERRA 'VALLEY rLRr'm LC IIG SK ELLY, ROBERT 20 -02 -4750 PUMPS 20 -29 -8290 EMINE RIM 20 -07 -6110 LARATORY 10 -07 -6110 LABCRATCFa 10 -28 -8168 ALPINE COUNTY 10 -00 -6740 GENERAL & ALM NISTPAITQ21 10 -00 -6330 GENERAL & AUvLLNISIRATTCN 20 -00 -6330 COAL & AUCINISIRATICN 10 -04 -6042 HEAVY M'CNIFMANCE 10 -02 -6051 PUMPS 10 -00 -2605 COAL & ALNIINISIRATLCN 10 -06 -8328 OPERATIONS 10 -06 -6200 O1? RATSC2LS 9D TAHOE PUB UTILITY DISTRICT 10 -29 -8235 FI3INEERDD SO TAHOE RUB UTILITY DISTRICT 10 -29 -8235 IINEQ IN3 SO NDSIRA:MIES 10 -27 -6620 DISTRICT IlNECIWISTICN CHLORINE C-:edk Total: TREATMENT PRFiCNIEAD WL #3 MWITCRING MONITORING ICR STUDY Check Total: SIREE1 LIGHTING EtPREE ELECTRICITY TRIC ITY FT FC"'TRICTIY Clerk Total: C UNEB & p riIENAN E PUMP STATIONS Clerk Total: ACCRD CLYIST REMISE PLANT SCALA SYSTEM Check Total: TRAVEL /NIEETIIS,'S /BILATICN Cock Tbta1 : STUTT HANEL= FACMITY Check Total: STTIMP TIAN= FACILITY Check Total : Vendor Tbta1 : PUBLIC RELATIONS EKPENSE 1,847.94 1,847.94 00051633 Md 41.50 20.75 20.75 150.00 233.00 00051634 MW 6.05 10,691.14 32,716.71 43,413.90 00051635 NW 4,187.32 287.43 4,474.75 00051636 NW - 288.90 2,889.00 2,600.10 00051637 M4 80.30 80.30 00051638 NW 131,733.40 131,733.40 00044960 HW - 131,733.40 - 131,733.40 00051488 RV 0.00 58.80 S o u t h T a h o e P.U.D. 10/31/02 PAYMENT O F CLAIMS REPORT 10/18/2002-11/07/2002 THU, CCT 31, 2002, 2:50 PM - -req: CL JL -_1cc: CIS51'1E- - - -jW: 261287 #17748-- -pro3: 0E309 c1.07 > - -report id: CIVSPC Default Selecticn: Vendor Narre C hedk Stodk ID: AP ; Chek Types : Mil, HW, RV, VH Account # L4artrrent Eescripticn SCU H LAKE TAHOE CHAMBER OF SOUTH SHORE MnIDRS SOUTH TAHOE TOWING S✓UIHWE<L CCNIIROLS SPEED PTDIO SPIESS CSNS'IRU_TICN co INC SUB STATION DE3.T 20 -27 -6620 DISTRICT INEC ATICIV 10 -21 -6250 ALNIINISIRATION 20 -21 -6250 AEMINISIRATTCN 10 -05 -6011 20 -05 -6011 10 -03 -8281 10 -07 -6025 EITT MENT REPAIR EQUIPMENT T REPAIR ELECTRICAL, SFDP IAEKRATCRY 10 -01 -6052 UNCFRGRaND REPAIR 20 -01 -6052 LNDEFGROLED REPAIR 20 -39 -4820 FINANCE 20 -29 -8264 E1N3INEQtThu 10 -29 -8235 flEERn 20 -27 -6660 DISTRICT INFFICFmTICN 10 -29 -4820 EI\MINDERTNTh 10 -39 -4820 FINANCE 20 -29 -8157 ENINFERJn3 10 -02 -6051 PUMPS 10 -22 -6670 BLM4N RESxr 20 -22 -6670 HUMAN REIXDURCES DIRECTOR RELIC RELATIONS EXPENSE Check Total: ICES PS /CERT:FTC= IMES PS /CERITFICATI Check Tbtal: 19 12a•M 1 Check Total: 480V SWTICIAR. Check Tbtal: LPK?ATCRY EQUIPMENT NT Check Total: PIPE, COVERS, & MANFDLEE PIPE, COVERS, & MANRDLFS OEr'10E SUPPLIES VI-Tt ( ni E b ITy WATER CENSERVATICN EXPENSE SUPPLIES C CCE E SIPPElES Check Total: TAaC, G4TNER MIN #1 REPLAC Check Total: AMP STATICNS a EXPENSE PERINNEL EXPENSE Check 'Ibtal : Pnamt Check # Type 39.20 98.00 00051639 MN 315.00 210.00 525.00 00051640 Ma 58.88 98.00 156.88 475.00 00051641 Ma 475.00 00051642 Ma 129.56 00051643 M^1 12.74 7.50 3.85 4.27 29.55 15.42 7.51 5.79 86.63 00051644 Ma 21,472.60 21,472.60 00051645 NW 44.15 34.65 23.10 101.90 00051646 Ma 129.56 South Tahoe P.U.D. 10/31/02 PAYMENT O F CLAIMS , R E P O R T 10/18/2002-11/07/2002 Page 20 C THU, T 31, 2002, 2:50 TM - -req: D AS -- -leg: GL JL - -lo: CNE1i -- - -3cb: 261287 #J7748-- -prof: CK509 <1.07>--report id: GERECSPC Default Selection: Check Stock ID: P.P ; Creek Types: NW,HW,RV,VH Verrbr Nane Pcct nzt # Departrrent Description Pmnuit C1-e& # Type SINAI D BI -TECH INC. SUIER ASSOCIATES, LYNN M. T C M DIGTPAL SOIIJITCNS TRPA TAEJJE ASPHALT BC TAHOE BLUEPRINT TAHOE CARSON AREA NEWS TPd-EE EMPLOYEE ASSISTANCE TAKE FENCE CD TIC 10 -37 -6030 INEUSP2TCN SYSTEMS 20 -37 -6030 INFrCN SYSTEMS 10 -27 -4405 DISTRICT INFORMATICN 20 -27 -4405 DISTRICT INIRTM4TIN 10 -21 -6030 AIMINISTRATICN 20 -21 -6030 AUvE TSIRATTCN 20 -29 -8355 E SINE R]N3 20 -01 -6052 'UNDERGROUND REPAIR 10 -29 -8235 EMINIEER= 10 -03 -4820 ELECTRICAL SHOP 10 -27 -6620 DISTRICT INFCRMITICN 20 -27 -6620 DISTRICT I `ZTTCN 20 -29 -8290 HNCrnr 10 -22 -4405 RUAAN RESOURCES 20 -22 -4405 }MAN RESOURCES DIRECTOR 20 -02 -6054 REPS SERVICE CCNIRAC S SERVICE O NiPPciS Check Tbtal: CU IRACTUSL SERVICES CC1TTRAC.'1TIAL SERVICES Check 'Total : SERVICE CCNTRPCTS SERVICE CZNTRPCIS Check Total: REPL HWYSO WIRIN -Wm Y Check Tb a1: PIPE, COVERS, & MANHOLES Check Total : SIIIDGE HANELM FACILITY OFFICE SUPPLIES Check Total: PUBLIC RELATIONS EXPENSE PUBLIC RELATIONS EXPENSE TREATMENT, ARRO II AD WL #3 Crick Total: CCN RACIUAL SERVICES =RADICAL SERVICES Check Total: REPAIR/PNIS WATER TANKS Check Total: 601.35 400.90 1,002.25 1,050.00 1,283.33 2,333.33 45.11 30.08 75.19 00051647 NW 00051648 NW 00051649 NW 989.00 989.00 00051650 NW 1,785.00 1,785.00 00051651 NW 134.06 12.87 146.93 00051652 Ma 104.22 69.48 347.40 521.10 00051653 NW 238.50 159.00 397.50 00051654 NW 6,512.00 6,512.00 00051655 NW P.U.D. 10/31/02 PAYMENT CLAIMS 10/18/2002-11/07/2002 P21 South CCP 31, 2002, 2:50 FM /Da/LA- eg : L - -loo: QVS'1E- - --jW: 261287 #J7 8- - -prog 091.07 >-- Leelu�L d�PC Default Selection: Check Stock ID: AP ; Check mss: MAI,I1W,RV,VH Vendor Nene Peocu t # Agent iripticn Mount Check # Type .NCE FC MAIN NEWS 20 -27 -6660 DISTRICT INECIRTCN TAHOE VALLEY ElICIRIC SUPPLY 10 -03 -6051 ELECTRICAL SHOP TOURNEY, 10 -21 -6621 AUVE IISIRATICN 20 -21 -6621 ALMINISTRATICN TPNENT 10 -02 -7442 AMPS MUCK PAM & EQUIPMENT CD TB= LOCK AND SAFE U S A ELLIE BOOK 10 -05 -6011 IIIIJ�TTI�FMENT REPAIR 20 -05 -6011 EQUIPMENT REPAIR 20 -29 -8264 » 10 -04 -6042 HEAVY MZINIFN -E 10 -01 -6052 ✓ H G LABS 10 -07 -4760 20 -07 -4760 ✓ W R CATION 10 -07 -4760 20 -07 -4760 INC ND REPAIR LABORATORY LABORAICRY LABORATORY 10 -39 -4440 FINANCE 20 -39 -4440 FINANCE WATER CCNSERVATICN EKPENSE Check Total: PIMP SPA'ITCNS Check abtal : INCENTIVE & RECOGNITICN PRGR Check Total• DIESEL TANK REPLACEMENTb : A ICM7IIVE AUIC KETVE Check Total: WELL, GLENWOOD REERILL C3dANC6 & mkINIENANCE moral PIPE, COVERS, & MANHOLES Total: LABCRATCRY SUPPLIES Cork Total: SUPPLIES LAECIRATCRY SUPPLIES LABORATCRY Check 'Loral : ADVISDRI' AIVISORY 225.00 225.00 00051656 MN 39.95 39.95 00051657 MW 30.00 20.00 50.00 00051658 M4 1,182.97 1,182.97 71.99 71.99 143.98 703.03 18,640.64 19,343.67 761.12 761.12 45.30 30.20 75.50 366.17 244.26 610.43 76.80 51.20 00051659 Ma 00051660 M)7 00051661 Ma 00051662 Ma 00051663 Ma 00051664 Ma COT 31,P20022, 2:50 R 10/31/02 DCU AS -A leg: GL 3L- -lcc: CNEL -- - -jcb: 261287 #J7748 - - -pro3 10/W002-11/07/2002 9 <1.0> - -r QQPEEEC r&ault C%nec'k Stock ID: AP ; Check Types: MAI,HW,RV,VH Verrbr Narre Prmnnt # ttpartzrent Description Arcu t Check # Type VISIBLE CLNIPUIFR SUPPLY INC WID WES TECHNOLOGY 10 -37 -4820 INEORMATICN SYSTEMS 20 -37 -4820 NECEMTICN SYSTEMS 10 -07 -4760 LAORY 20 -07 -4760 LABORATORY WATER ENVIRCIVENr 20-29-6250 ENEINEER4NE WECO IIVCLEIRLES INC WEE CID LIE WEST OAST NaLYTICAL WESTERN NEVADA SUPPLY 10 -01 -6052 LIND REPAIR 10 -03 -8281 10 -03 -6073 10 -03 -6048 10 -03 -6071 10 -03 -6041 20 -03 -6051 20 -03 -6041 20 -03 -6071 ELECTRICAL IIEC IRICAL ELECTRICAL ELMIRICAL ELECTRICAL ELECTRICAL ELECIRTCAL 20 -07 -6110 LABATORY SHOP SHOP SHOP SEEP SHOP SHOP SHOP SHOP 20 -29 -8264 ENXENEERINTh 10 -02 -6042 AMPS Click Total: OFF'ICE SUPPLIES OFFICE SUPPLIES Check Total : Check Total: LAECRATCRY SUPPLIES LABORATORY SUPPLIES Check Total ILES is wall PS /cERILET= ]JJES is i :+a• al I PS /CERTIFICATI Check Total: PIPE, COVERS, & MANHTLES Check Total: 480V SWITCHLEAR SAALL TOOLS LIJIBER PASS APE STATION SHOP SUPPLIES 'BUILDINGS AMP SIATICNS B[ EDIIV3S SHOP SUPPLIES KNITORING QDt Total: Check Tbtal: WELL, GLEN .L OD REDRIr S C- trs & flE 128.00 00051665 NW 77.33 66.17 143.50 00051666 NW 0.00 00044959 VH 106.49 71.00 177.49 00051667 NW 112.00 148.00 260.00 00051668 NW 140.40 140.40 00051669 NW 1,784.73 36.61 315.60 76.03 302.17 59.77 48.26 252.02 2,875.19 00051670 NW 345.00 345.00 00051671 NW 952.70 12.45 S o u t h I h c e P.U.D. 10/31/02 PAYMENT O F CLAIMS REPORT 10/18/2002-11/07/2002 Page 23 THU, CCL 31, 2002, 2:50 FM - -rag: ECU:F AS -- -leg: Q, JL- -lc : Ch1SI1E- - - -j±: 261287 #J7748-- -pnxf: 09 <1.07 >- -report id: ClQ2E`'SFC Default Selecticn: Check Stcx k ID: AP ; Check 'Types: Mn], F1W, RV, VH Versbr Nacre Account # DEpartnent Description Pirart Clrck # Type WIIIXIX CO., E.A. XEROX CORP ZEL MFR, DAVE ZYMAX ENVIErIBOANDLOGY 10 -01 -7442 UNCERGROUND REPAIR 10 -01 -7035 iIND REPAIR 10 -04 -6071 HEAVY W INTE E 20 -01 -6052 UNDERGROUND REPAIR 10 -04 -6042 HEAVY NYIINIIIA' 10 -01 -6052 UIIyD REPAIR 10 -02 -6051 AMPS 10 -04 -6073 HEAVY MAINIENAN E 10 -02 -7446 RA'1PS 10 -01 -6071 U NDERGR ND REPAIR 20 -01 -6071 'UNDERGROUND REPAIR 10 -01 -6030 UNDERGRaND REPAIR 20 -01 -6030 UNDER2RaND REPAIR 10 -28 -6042 ALPINE COUNTY 20 -07 -6110 LABORATORY 10 -07 -6110 LABORATORY DIESEL TANK REPLACES -FLL TAUS N E- LATERAL LINING SEEP SUPPLIES PIPE, rs & N IES WitNIENFNCE PIPE, COVERS NF�7[�LES CNS & 34ALL TOJLS Check Total: AMP-MINIM-ELL Check Total: 3HDP SUPPLIES SHOP SUPPLIES SERVICE CONIRACIS SERVICE C NIRACIS Check Total: CRaNDS & MINIENANCE Check Total : NLNITORTZ MiTTIORIbTh Check Total: Grand Tbtal : 440.58 89.79 35.21 1,587.41 585.58 14.71 200.14 53.12 3,971.69 00051672 MI 2,114.30 2,114.30 00051673 NW 10.00 10.00 60.00 60.00 140.00 00051674 NW 6,500.00 6,500.00 00051675 NW 5,149.00 4,982.25 10,131.25 00051676 144 642,923.26 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Lisa Coyner, Manager of Customer Service RE: BOARD MEETING November 7, 2002 AGENDA ITEM: 14.a ACTION ITEM NO: CONSENT CALENDAR ITEM NO: . ITEM-PROJECT NAME: LIABILITY CLAIM RECEIVED FROM AL LENZINI REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Section 54956.95 of the California Government Code, Closed Session may be held to discuss this liability claim. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CATEGORY: CONCURRENCE WITH REQUESTF-7~ ACTION: GENERAL MANAGER: YES~ (~/ N GENERAL CHIEF FINANCIAL OFFICER: YES~¥~I-© WATER X SEWER TO: FR: RE: BOARD MEETING ACTION ITEM NO: ITEM-PROJECT NAME: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer, General Manager November 7, 2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: STPUD vs. JOHN BREESE MUMFORD, ET. AL EL DORADO COUNTY SUPERIOR COURT CASE NO. SC20020030 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel regardinq existing litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~.~'-~ NO. CHIEF FINANCIAL OFFICER: YES/0~.~,~,~NO. CATEGORY: GENERAL WATER SEWER X TO: FR: RE: BOARD MEETING ACTION ITEM NO: ITEM-PROJECT NAME: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer, General Manaqer November 7, 2002 AGENDA ITEM: 1,~. c CONSENT CALENDAR ITEM NO: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: F. HEISE LAND & LIVESTOCK vs. STPUD and DOES 1 THROUGH 10; INCLUSIVE; ALPINE COUNTY SUPERIOR COURT CASE NO. C18644 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with leqal counsel reqarding existinq litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~.~.~ NO CHIEF FINANCIAL.OFFICER: YES~ CATEGORY: GENERAL WATER SEWER X TO: FR: RE: BOARD MEETING ACTION ITEM NO: ITEM-PROJECT NAME: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer/General Manaqer, Gary Kvistad/District General Counsel November 7, 2002 AGENDA ITEM: 14. d CONSENT CALENDAR ITEM NO: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: STPUD VS. F. HEISE LAND & LIVESTOCK COMPANY, INC., WILLIAM WEAVER, EDDIE R. SYNDER, CROCKETT ENTERPRISES, INC. CIV S-02-0238 MLS JFM UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO, CA REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel recjardinq existinq litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNTNO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ,~?'--' NO CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER SEWER X TO: FR: RE: BOARD MEETING ACTION ITEM NO: ITEM-PROJECT NAME: SOUTH TAHOE PUBLIC UTILITY DISTRICT ADDENDUM TO BOARD AGENDA BOARD OF DIRECTORS Robed Baer, General Manager November 7, 2002 AGENDA ITEM: 1,~. ~ CONSENT CALENDAR ITEM NO: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION RE: MEYERS LANDFILL SITE: UNITED STATES OF AMERICA V. EL DORADO COUNTY AND CITY OF SOUTH LAKE TAHOE AND THIRD PARTY DEFENDANTS, CIVIL ACTION NO. S-01- 1520 LKK GGH, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with leqal counsel regardinq existinq litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: A~ I ACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~"~ ~.~ NO CHIEF FINANCIAL OFFICER: YE~ CATEGORY: GENERAL X WATER SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Robert Baer / General Mana.qer, Rhonda McFarlane / Chief Financial Officer RE: BOARD MEETING November 7, 2002 AGENDA ITEM: 14. f ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LABOR NEGOTIATORS REQUESTED BOARD ACTION: Direct negotiators DISCUSSION: Pursuant to Section 54957.6 (a) of the California Government Code, closed session may be held regarding labor negotiations. AQencv Ne~lotiators: Board of Directors Emolovee Or~lanization: Represented and Unrepresented Employees SCHEDULE: COSTS: BUDGETED AMOUNTREMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ~ACTION: GENERAL MANAGER: YES '?/,?-~' NO CHIEF FINANCIAL OFFICER: YESj~:¥c.,.~ CATEGORY: GENERAL X WATER SEWER TO: FR: RE: BOARD MEETING ACTION ITEM NO: ITEM-PROJECT NAME: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer, General Manager November 7, 2002 AGENDA ITEM: 14. q CONSENT CALENDAR ITEM NO: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: STPUD VS. LAKESIDE PARK ASSOCIATION, SUPERIOR COURT CASE NO. SC20010165 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with leqal counsel reqardinq existinq litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: A'I-DACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ~TION: GENERAL MANAGER: YES .,'~ NO CHIEF FINANCIAL OFFICER: YES~C~c,..~ CATEGORY: GENERAL WATER X SEWER CONSENT CALENDAR NOVEMBER 7, 2002 ITEMS Local Groundwater Assistance Grant Application for the Development of Groundwater Resources in the Presence of Contaminant Plumes, South Lake Tahoe, California (Ivo Bergsohn) Luther Pass Pump Station Tank Rehabilitation (John Thiei) 2002 Materials Testing and Inspection Services (Jim Hoggatt) Liability Claim Received from Al Lenzini (Lisa Coyner) Regular Board Meeting Minutes: October 3, 2002 (Kathy Sharp) Regular Board Meeting Minutes: October 17, 2002 (Kathy Sharp) REQUESTED ACTION Adopt Resolution No. 2748-02 Authorizing the General Manager to Enter into a GrantAgreement with the California Depart- ment of Water Resources in the Estimated Amount of $210,802 Approve Change Order No. 1 to Larry Bashor Sandblasting & Protective Coating in the Amount of $13,417.80 Approve Amendment to Task Order No. 40 for AMEC Earth and Environmental, Inc., in the Amount of $40,000 Reject Claim in the Amount of $2,700 Approve Minutes Approve Minutes South Tahoe Public Utility District · 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 · Phone 530.544.6474 · Facsimile 530.541-0614 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Ivo Bergsohn, Hydro-Geoloqist RE: BOARD MEETING November 7, 2002 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: LOCAL GROUNDWATER ASSISTANCE GRANT APPLICATION FOR THE DEVELOPMENT OF GROUNDWATER RESOURCES IN THE PRESENCE OF CONTAMINANT PLUMES, SOUTH LAKE TAHOE, CALIFORNIA REQUESTED BOARD ACTION: Adopt Resolution No. 2748-02 authorizing the General Manager to enter into a Grant Agreement with the California Department of Water Resources (DW R) in the estimated amount of $210,802 DISCUSSION: The DWR awards qrants to local aqencies, such as the South Tahoe Public Utility District (District}, to conduct qroundwater studies or to implement qroundwater monitoring and management activities. Staff, in collaboration with Dr. Graham Fogg, University of California - Davis, developed a grant application and proposal to conduct a three-dimensional groundwater flow and contaminant transport analyses, with detailed focus on the Tahoe Paradise/Meyers area. ~his analyses will serve to expand the existinq District's qroundwater model to include the Tahoe Paradise/Meyers area, which can then be used as a management tool to: A} Determine whether or how qroundwater can be developed and manaqed such that MtB~- and natural contaminants do not miqrate toward the District's water supply wells; B} Evaluate supply well pumping schedules which meet local water demands while minimizinq aquifer pumping drawdowns; Continued on Paqe 2 SCHEDULE: The authorizinq resolution must be submitted to the DWR as soon as possible to complete the District's qrant application COSTS: None ACCOUNT NO: BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS Resolution No. 2748-02, Local Groundwater Assistance Grant Application CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ..~.~,' NO CHIEF F~NANCIAL OFFICER: CATEGORY: GENERAL WATER X SEWER (Continued from Paqe 1) C) Determine potential hydraulic impacts on private wells from STPUD well pumping; D} Assist in the development of appropriate qroundwater quality monitorinq; E) Evaluate potential new sites for future groundwater development; and F) Provide a public education tool which can be used to provide awareness reqarding the susceptibility of community groundwater resources to contamination. The proiect duration is estimated at approximately 22 months, beginning in July 2003 and ending in May 2005. 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9~.~'~% RESOLUTION NO. 2748-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY DISTRICT ACCEPTANCE OF A GRANT AND EXECUTION OF AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES TO RECEIVE A GRANT FOR THE DEVELOPMENT OF GROUNDWATER RESOURCES IN THE PRESENCE OF CONTAMINANT PLUMES IN SOUTH LAKE TAHOE BE IT RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: That the application shall be made by the South Tahoe Public Utility District (District) to the California Department of Water Resources to obtain a grant pursuant to the Local Groundwater Management Assistance Act of 2000 (Water Code Section 10795 et seq.), and to enter into an agreement to receive a grant for the Development of Groundwater Resources in the Presence of Contaminant Plumes, South Lake Tahoe, California. The General Manager of the District is hereby authorized and directed to prepare the necessary data, make investigations, execute, and file such application. The General Manager is further authorized to accept the grant and execute an agreement with the California Department of Water Resources. PASSED AND ADOPTED at a duly held Regular Meeting of the Board of Directors of the South Tahoe Public Utility District on the 7th day of November 2002 by the following votes: AYES: NOES: ABSENT: Duane Wallace, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board and Ex-Officiu Secretary of the Board of Directors SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: John Thiel, Senior Enqineer RE: BOARD MEETING November 7, 2002 AGENDAITEM: ACTIONITEM NO: CONSENT CALENDARITEM NO: b. ITEM-PROJECT NAME: LUTHER PASS PUMP STATION TANK REHABILITATION REQUESTED BOARD ACTION: Approve Change Order No. 1 to Larry Bashor Sandblasting & Protective Coatinq in the amount of $13,417.80 DISCUSSION: The current contract includes 5000 psi water blastinq of the exterior. After performing a test section, staff determined that the water blast would not effectively remove the exterior coating and would not provide the basis for a good, long-term coating system. Change Order No. 1 is a contract extra to provide for the complete commercial sandblasting of the exterior. SCHEDULE: Contract complete by November 15 COSTS: $13,417.80 ACCOUNT NO: 1002-8303/LPTANK BUDGETED AMOUNT REMAINING: <$22,486> ATTACHMENTS: Price quotation from contractor, Chanqe Order No. 1, Budqet Remainin.q CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES, _/~-/ NO CHIEF FINANCIAL OFFICER: YE~_ CATEGORY: GENERAL WATER SEWER X 10/29/2002 20:~9 661-399-2529 LARRY BASHQR SANDBA PAGE 84 LARRY BASHOR SANDBLASTING & PROTECTIVE COATING 2535 MONTE CRISTO ROAD, BAKERSFIELD, CA. 93308 TELEPHONE 661.399.6000 FAX 661.399.2529 L!C. # 452822 FAX QUOTATION TRANSMITTAL DATE lOJzqJo'~ COMPANY NAME 50 o7'~ TR/-/O~ M U O PERSON REQUESTING QUOTE ~7~/~ 7W/~c-- '- PHONE FAX PROJECT OWNER STfv~ JOB LOCATION DISCRIPTION'OFWORK zu~ pf~s~ ,~f,~.~o- F/~'~-.. AMOUNT OF BID ACCEPTED BY DATE__ SIGNATURE, CHANGE ORDER NUMBER Project Contractor Larry Bashor Sandblastinq Date November 7, 2002 The Contract Shall Be Changed As Follows: Luther Pass 570,000 .qallon Steel Tank Rehab PO # P12664 Change exterior surface preparation from 5000 psi water blast to SSPC SP-6 "commercial" abrasive blast. Price increase of: $13,417.80 Dollar Amounts Contract Time This Change Order constitutes full and mutual accord and satisfaction for all time and all costs related to this change. By acceptance of this Change Order the contractor agrees that the Change Order represents an equitable adjustment to the contract price and time, and further agrees to waive all right to file a claim arising out of or as a result of this change. Authorized By STPUD Board President Accepted By Contractor Reviewed By Date: Date: Date: Luther Pass Pump Station Tank Rehabilitation 1002-8303 BUDGET REMAINING ANALYSTS: 2002/03 All Years Spent to date 65,674 65,674 Outstanding Purchase Orders- Larw Bashor Sandblasting 56,812 Total Encumbered 56,812 Total Spent & Encumbered 122,486 56,812 56,812 122,486 Budget 100,000 100,000 Over Budget -22~486 -22,48u Note 1: The amount over budget reduces the Capital Outlay Reserve. SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Jim Hoggatt, Construction Manager/Enqineer RE: BOARD MEETING November 7, 2002 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: 2002 MATERIALS TESTING AND INSPECTION SERVICES REQUESTED BOARD ACTION: Approve amendment to Task Order No. 40 for AMEC Earth and Environmental, Inc., in the amount of $40,000 DISCUSSION: Staff has requested AMEC Earth and Environmental, Inc., to extend the Materials Testinq and Inspection contract to November 15, 2002, by which time the road to Al Tahoe Boulevard should be completed and paved, at a cost of $31,345. The remaining $8, 655 will be used for materials testing on a day-to-day basis (i.e. if there is going to be a large concrete pour, staff can ask AMEC to send a Technician to test the concrete). Staff recommends the Board approve the $40,000.00 increase to AMEC Task Order for the above proiect. SCHEDULE: As soon as possible COSTS: $40,000 ACCOUNT NO: 1029-2534-8236, 8349, 2029-8130/SHFOCP BUDGETED AMOUNT REMAINING: <$5,507,175> ATTACHMENTS: AMEC Budget Increase, Budget Remaining Analysis CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES /~/),,~/ NO CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER SEWER X 10/21/2002 11:00 FAX 775 331 4153 AMEC EARTH 002 21 October 2002 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150-7401 amec AMEC Earth & Environmental, Inc, 780 Vista Boulevard, Suite 100 Sparks, Nevada USA 89434-6656 Tel + 1 (775) 331-2375 Fax + 1 (775) 331-4153 www.amec.com All: Jim Hoggatt Re: Budget Increase Dear Mr. Hoggatt, It has come that time that we all hate when an adjustment to the project budget needs to be increased. Amec Earth & Environmental, Inc; put together an estimated fee for the 2002 Materials Testing/Inspection for S.T.P.UD. of $118,000.00. As of 18 October 2002 the project costs have totaled $117,115.00. This leaves a balance of only $885.00 available for this years project. As per your request the following estimate of costs would allow Mr. Mike Magee to work on your project until week ending 15 November 2002. These costs are based on a seventy-five (75) hour work week ( Mike believes the contractor will be working Saturdays) and 1250 miles per Week Ending 25 October 2002: 40 Hours at $80/hr ................ $3200.00 35 Hours at $100/hr ............. 3500.00 1250 Miles at $0.50/mile .....625.00 $7325.00 Week Ending 1 November 2002: 40 Hours at $80/hr ................ .$3200.00 35 Hours at $100/hr ............. 3500.00 1250 Miles at $0.50/mile ..... 625.00 $7325.00 Week Ending 8 November 2002: 40 Hours at $80/hr ................ $3200.00 35 Hours at $100/hr ............. 3500.00 1250 Miles at $0.50/mile .....625.00 $7325.00 Week Ending 15 November 2002:40 Hours at $80/hr ................ $3200.00 35 Hours at $100/hr ............. 3500.00 1250 Miles at $0.50/mile .....625.00 $7325.00 Estimated Labor & Miles $29,300.00 AgEC EARTH 10/21/2002 11:00 FAX 775 331 4153 amece After talking with Mr. Magee it is his feeling that the following testing will need to be performed from the October 19th to November 15~h: ~]003 One procter at $150.00/ea ....................... $150.00 Three Asphalt samples at $525/ea .......... 1575.00 Five Concrete sets at $64/ea ................... 320.00 $2045.00 Estimated Testing Total $2045.00 Total Estimated Budget Increase $31,345.00 If you have any questions please feel free to contact me at (775) 331~-2375. Respectfully subm/tted,~ Laboratory Supervisor AMEC Earth and Environmental, Inc. SOLIDS HANDLING FACILITY AND ODOR CONTROL PROJECT Accounts: 1029-8234-8236, 8349, 2029-8130 BUDGET REMAINING ANALYSIS: 02/03 All Years Spent to date 1,413,117 2,127,621 Outstanding Purchase Orders- Amec Earth & Environmental 974 974 Carollo Engineers 74,292 74,292 Pacific Mechanical Corp. 6,455,970 6,455,970 Tahoe Basin Container Service 3,762 3,762 GS Concepts 1,265 1,265 Jacobs & Tolhurst Architects 4,339 4,339 Westfalia Separator Inc. 676,688 676,688 Total Encumbrance 7,217,290 7,217,290 Total Spent & Encumbered 8,630,407 9,344,911 Budget FY 2003 5,850,000 6,564,504 2003 Amount Exceeding Budget -2,780,407 -2,780,407 Note 1: The amount over budget reduces the Capital Outlay Reserve. SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Lisa Coyner, Customer Service Manaqer RE: BOARD MEETING November 7, 2002 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: LIABILITY CLAIM RECEIVED FROM AL LENZINI REQUESTED BOARD ACTION: Reiect claim in the amount of $2,700 DISCUSSION: Claimant submitted a claim for the damage to his water service he believes was caused by numerous leaks in the District's water main in the amount of $2,700. Additionally, the claimant requests that the District replace the water main prior to 2003 and repair the damaqed asphalt pavement on the 3600 block of Rocky Point Road. It should be noted that there are a total of eight (8) services on the same water main and no other homeowner has submitted a claim for damages. Additionally, the District's water service has not been affected by the reportedly numerous leaks on this water main. Staff does not believe that the District has any culpability. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: $2,000 A ~, ACHMENTS: Claim1 correspondence 2001-4521 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~,~__~.,~x NO. CHIEF FINANCIAL OFFICER: YES~"~,,~Z,,~,..~O. CATEGORY: GENERAL WATER X SEWER South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, Ca. 96157 Attn: Ms. Coyner Re~ 3699 Rocky Point Road South Lake Tahoe, Ca. APN:29-372-17-004-01 October 17, 2002 Dear Ms. Coyner: I am in receipt of your letter rejecting my claim dated October 9, 2002. The Rocky Point area does have a large amount of surface runoff after a rainfall event. The water table is no higher than in any other area of the City. The old creek is located north of my property and would have no impact on the elevation of the water table. It is my position that the water that my plumber encountered was a combination of your deflective/leaking water main and my leaking water service which was damaged by electrolysis. I am not interested in why your water service did not fail, but I am interested in why the District did not replace a water main with at least 8 spot leaks. With at least 10 years of problems, it is my position that the District failed to replace a deflective main resulting in damage to my water service. It is the responsibility of a progressive agency to maintain their infrastructure in a state of repair. I will be at the National Emergency Training Center from October 26, 2002 to November 10, 2002 providing training for Federal Emergency Management Administration courses. I am confident that your Board will support the staffrecommendation to reject my claim. The only option I have is to see you in small claims court. Have you finalized your position on the other issues covered in my claim? I appreciate your quick response. ~d Lenzim~ Date RECEIVED BY USA M COYNEB OCT 1 2002 South Tahoe Public Utility District Cathie Becker James P. Jones Mary Lou Mosbacher Duane Watiace Eric Schaf~r 1275 Meadow Crest Drive · South Lake Tahoe, · CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 October 14, 2002 Mr. Al Lenzini P. O. Box 4650 South Lake Tahoe, CA 96157 Re: 3699 Rocky Point Road South Lake Tahoe, CA APN: 29-372-17-004-01 Dear Mr. Lenzini: I am in receipt of your claim dated October 9, 2002 and received by the South Tahoe Public Utility District (District) on October 10, 2002 for the damages to your plumbing in the amount of $2,700.00. I have discussed this claim at length with Ken Schroeder, Maintenance Manager. It is the position on the District that damage to your plumbing was not caused by the condition of the District's water main. Your neighborhood enjoys/suffers a huge amount of mn-off, resulting in high groundwater over the years. The large amount of water encountered by your plumbing contractor is most likely due to this fact. As you stated in your letter, the City of South Lake Tahoe is working on their Rocky Point Erosion Control project because of the amount of run-off found in this area. It should also be noted that the water service line that the District installed to your property line has not failed and we cannot be responsible for the installation and materials used for the installation of your plumbing on your private property. The District is willing to take appropriate responsibility for problems caused by our activities, but will not assume responsibility for problems that are not of our making. Staff will recommend that the Board of Directors reject your claim at the November 7, 2002 Board meeting, City Council Chambers, 1900 Lake Tahoe Boulevard, 2:00pm. You are certainly welcome to express your views directly to the Board at that time, or communicate with the Board in writing prior to the meeting. Please contact Ms. Kathy Sharp, Clerk of the Board, at 544-6474, extension 203, if you intend to appear. Lenzini/Page two (2) Please feel free to contact me directly at 544-6474, extension 221, if you would like to discuss this further. Sinc~e[ely, LisaM. Coyner !} Customer Servic4'Manager cc: Ken Schroeder File Date~Glaim E_c~-q..~4~ved by South Tahoe Publicity District South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (530) 544-6474 (530) 541-0614 (fax) Name of Claimant Physical Address of Claimant Mailing Address of Claimant City and State Telephone Number Circle One: Tenant Other (Explain) 1. When did damage or injury occur: (Give exact date and hour). Where did damage or injury occur? Hov~ did damage or injury occur? Give full details; add supplemental sheets, if required, RECEWED BY LiSA M. coYNER IiSi ~ 0 2002, What particular act or omission on the part of the District's officers or employees caused the injury or damage? What damaqe or iniuries do you claim resulted? Please indicate the dollar amount of all damages that you are claiming. (Include the estimated amount of any prospective injury or damage.) % -/o0,oo if this is a claim for indemnity, on what date were you served with underlying lawsuit? (Please attach proof of se~ice.) 8. Names and addresses of witnesses, doctors, and hospitals. Date Notice C laimant Signat~m~ ~__~ Section 72 of the Penal Code provides: Ever7 person who, with intent te defraud, presents for allowance or for payment to any stats board or officer, or te any county, city, of district board or officer, autharized to allow or pay the same if gsnuine~ any false or fraudulent claim, bill account, voucher, or writing, is punishable eithsr by imprisonment in the county jail for a psriod of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand ($10,000), or by both such imprisonment and fine. (Emphasis added) Section 911.2 of the Government code states that a claim relating to a cause of action for death or for injury to a person or to personal properly or growing crops shall be presented ... not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented ... not later than one year after the accrual of the cause of action. Section 911.4 provides that with respect to a claim not timely filed, a written application may be made to the ublic ant t for leave to present th s claim and that such application shall be present~c~ll;~i~l~rasenabla P Y ........ ~'e accrual of the cause of action. The claim must(~'~q~t~E~e application. p:\CUST_SVC\Clalm form.wpd -2O IHELLEi South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Attn: Ms. Coyner October 9, 2002 Dear Ms. Coyner: Tiffs letter will provide support information for my damage claim against the South Tahoe Public Utility District. On March 31,2002 my wife and I heard the sound of running water in our house. When I checked the exterior of the house, water was running out of cracks in our driveway. I contacted Rudy's Plumbing who verified that we had a damaged water service. The firm gave me a bid of $1,700.00 for the replacement work. Repair operations started on April 1, 2202 and the work was completed on April3, 2002. The crew encountered a large amount of running water during their excavation work. The surface area of the trench was twice the size of normal standards. The owner of Rudy's Plumbing stated that he had never seen a water service with as much damage in the Lake Tahoe area. Rudy's send a bill for $ 2,700.00 due to the water problems and the condition of the water service. As of this date, I have only paid Rudy's the original bid of $ 1,700.00. On the 3600 block of Rocky Point, as least seven spot repairs have been made to your deteriorated water main. The asphalt pavement in front of our looks like quilt wor. k of repairs and cracks. The District has had knowledge of the condition of the water mmn for least 10 years. As Deputy Director of Public Works for the City of Oaldand and being in charge of the maintenance department for 25 years, I believe that the problem of electrolysis effecting your water main was the reason for the failure of my water service. The District should have replaced this deteriorated water main in a timely manner. As part of this claim I am requesting reimbursement for the cost of replacing my water service ( $ 2,700.00 ). The damaged asphalt pavement on the 3600 block of Rocky Point Road should be repaired to City standards. The water main must be replaced prior to the City Of Lake Tahoe starting the Rocky Point drainage improvement project scheduled for 2003. I hope this manner can be resolved within 30 days of your receipt of this claim. If you have any questions concerning this claim, please call me at 544-2820. RECEIVED BY LiSA M. COYNER f) 2002 Consent Iten SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert G. Baer, General Manager I Duane Wallace, President Richard Solbdg, Assistant Manager BOARD MEMBER James R. Jones, Vice President Cathie Becker~ Director Mary Lou Mosbacher~ Director Edc W. Schafer Director II I II i ~ I I "I I I I ' I I II REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT OCTOBER 3, 2002 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, October 3, 2002, 2:00 P.M, City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Wallace, Directors Becker, Jones, Schafer, Mosbacher ROLL CALL STAFF: Baer, Solbrig, Sharp, McFarlane, W. Stanley, Frye, Thiel, Hydrick, Hoggatt, Bird, Coyner, Donovan, Bergsohn, Attorney Speich, Attorney Kvistad GUESTS: Alex Johnson, Jeff Beusch, and Scott Flory/HSl Geotrans; Chris Twomey/c2me Engineering Staff requested Action Item 7b. be removed from the agenda (Johnson Sewer Pump Station pump purchase). CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Moved Jones / Second Becker / Passed Unanimously to approve the Consent Calendar as submitted: CONSENT CALENDAR a. Glenwood Well Reconstruction Project: Electric Service - Authorized execution of Utility Facility Agreement with Sierra Pacific Power Company in the amount of $235; REGULAR BOARD MEETING MINUTES - OCTOBER 3, 2002 PAGE - 2 b. Solids Handling Facility and Odor Control Project - Increased existing Purchase Order No. 12360 with GS Concepts from $3,000 to $10,000; c. Recycled Water Facilities Plan Environmental Impact Report (EIR) - Approved additional funding to complete the EIR in the estimated amount of $35,0OO; d. Johnson Sewer Pump Station Upgrade - Authorized staff to advertise for bids for two 75 horsepower variable frequency drives (VFDs); e. State Highway Utility Potholing - Authorized execution of agreement with Caltrans to allow for the positive location of underground utilities; f. Approved Regular Board Meeting Minutes: September 19, 2002. Wanda Stanley introduced representatives of HSI Geotrans. An overhead slide show of the progression of the GIS (Geographical Information System) was presented. CONSENT CALENDAR (continued) PRESENTATION: DISTRICT Gms PROGRESSION, BY HSI GEOTRANS ITEMS FOR BOARD ACTION Four property owners located on South Upper Truckee have been notified by the Department of Health Services (DHS) to discontinue the use of their wells due to high levels of arsenic in their well water. Consequently, the property owners must connect to the District's water system. The property owners propose extending the District's water main approximately 1,551 feet, utilizing a six-inch line. They will be responsible for design and construction of the main extension in accordance with District standards and subject to District inspection during construction. The District desires to up-size the proposed main line extension from six-inches to eight-inches in order to provide for future connections, and to install two additional fire hydrants. The District would pay the cost of up-sizing the main line extensions, including the costs of two additional fire hydrants and connection valves for future use. SOUTH UPPER TRUCKEE WATER MAIN EXTENSION REGULAR BOARD MEETING MINUTES - OCTOBER 3, 2002 PAGE - 3 The property owners will be required to execute a main extension agreement obligating among other things, to: construct the main extension per District standards, pay for the cost of the main extension (except for costs as out- lined above), dedicate the main extension to the District after construction, pay a connection fee for each hookup, and obtain all associated permits and approvals for the construction. Staff was directed to ask the DHS what the arsenic levels were, and how it came to their attention to test these particular wells for arsenic levels when other houses with wells were not involved. Moved Wallace / Second Schafer / Passed Unanimously to authorize installation of a water main extension on South Upper Truckee, and the District will pay the cost of up-sizing the main line extension from a six-inch line to an eight-inch line in the amount of $18,279, subject to execution of a main extension agreement with the District and review and approval by staff and legal counsel. President Wallace stated TRPA is proposing an ordinance amending the criteria for single family home allocations. He outlined the impacts the performance based system would have if implemented. It was the consensus of the Board to direct staff to draft a letter for signature by the Board President, stating the District's concerns with the proposed criteria. No Board action. The District's Public Records Policy has been amended to incorporate changes to the California Public Records Act that will ensure sound, legal guidelines are followed when responding to public records requests. The policy was prepared with legal oversite from general counsel. Adoption of the amended policy is the first in a series of steps that will be taken in regards to the management of District records. Moved Jones / Second Schafer / Passed Unanimously to adopt Resolution No. 2747-02 amending the District's Public Records Policy superseding Resolution No. 2604 in its entirety. SOUTH UPPER TRUCKEE WATER MAIN EXTENSION (continued) TRPA BUILDING ALLOCATONS RESOLUTION NO. 2747-02: DISTRICT'S PUBLIC RECORDS POLICY REGULAR BOARD MEETING MINUTES - OCTOBER 3, 2002 PAGE - 4 Moved Jones / Second Schafer / Passed Unanimously to approve payment in the amount of $894,200.26. Executive Committee: The committee met September 27 to assist staff in determining which course of action should be taken to resolve the B-line Phase 3 route alternative selection issues. Finance Committee: The committee met October 1. Director Schafer reported topics of discussion included review of annual audit, and alternate fuel vehicles. Minutes of the meeting are available upon request. Operations Committee: The committee met October 1. Minutes of the meeting are available upon request. Planning Committee: The committee will meet prior to the October 28 Alpine County Contracts Commission meeting. Mr. Lonnie Curtis was announced as the new General Manager of the County Water Agency. Several issues are being put on hold until he is brought up to speed. President Wallace stated he, along with Dennis Cocking, will travel to Washington D.C. in November. Director Jones reported he will attend a Groundwater Resources Association conference on the biological treat- ment of MTBE. One of the speakers at the conference was an expert witness for the defendants in the District's MTBE lawsuit -- he is alleging that MTBE contamination was created by runoff seeping through infiltration basins into the groundwater. Robert Baer reported on three items: 1 ) The District sent a letter of opposition regarding a bill that would exempt MTBE polluters from litigation. 2) SB 1928 (Indian Sacred Sites) was vetoed by Governor Davis because it gave powers to one group that no others have, plus the bill was too broad and poorly written. It will likely be rewritten and reintroduced. 3) All the District's compensation policies are tied to CASA salary surveys. He stated unless the Board objected, the District plans to renew its membership with CASA. This was reviewed and endorsed by the Executive Committee. PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVES REPORT BOARD MEMBER REPORT GENERAL MANAGER REPORT REGULAR BOARD MEETING MINUTES - OCTOBER 3~ 2002 PAGE - 5 4:10 ~ 4:20 P.M. 4:20 P.M. 5:40 P.M. MEETING BREAK ADJOURNED TO CLOSED SESSION RECONVENED TO REGULAR SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION No reportable Board action. No reportable Board action. No reportable Board action. No reportable Board action. Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. John Breese Mumford, et al, El Dorado County Superior Court Case No. SC20020030 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. Lakeside Park Associa- tion, et al, County of El Dorado, Superior Court Case No. SC20010165 Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Com- pany vs. STPUD and Does 1 - 10 Inclusive; Alpine County Superior Court Case No. C18644 Pursuant to Government Code Section 54956(a)/Conference with Legal Counsel - Existing Litigation: STPUD rs. F. Heise Land & Live Stock Company, Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc., CIV. S-02-0238 MLS JFM United States District Court for the Eastern District of California, Sacramento, CA REGULAR BOARD MEETING MINUTES - OCTOBER 3, 2002 PAGE - 6 No reportable Board action. 5:40 P.M. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No, S-01-1520 LKK GGH, United States District Court for the Eastern District of California ADJOURNMENT Duane Wallace, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District Consent Item f. SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Duane Wallace, President BOARD MEMBERS James R. Jones, Vice President Eric W. Schafer, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT OCTOBER 17, 2002 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, October 17, 2002, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: Directors Becker, Mosbacher, and Schafer. President Wallace and Director Jones were absent. ROLL CALL STAFF: Baer, Callian, Solbrig, McFarlane, Henderson, Cocking, Hoggatt, Coyner, Bergsohn, Thiel, and Attorney Kvistad. Consent Item a. was brought forward for discussion prior to Board action. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Moved Schafer / Second Becker / Wallace and Jones Absent / Passed to approve the Consent Calendar as amended: CONSENT CALENDAR a. See Consent Items Brought Forward; b. Gardner Mountain Tank Replacement - Approved Change Order No. 1 to Spiess Construction Co. Inc., in the amount of $1,690.90; REGULAR BOARD MEETING MINUTES - OCTOBER 17, 2002 PAGE - 2 Sludge Handling and Odor Control Facilities - Approved Change Order No. 1 to Pacific Mechanical Corporation in the amount of $32,511 CONSENT CALENDAR (continued) CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION / ACTION Ivo Bergsohn reported that Dr. LaBolle's hourly rate was reduced from $135 to $90 an hour, revising the original proposal from $17,000 to $12,000, since the work he will be performing is not related to litigation or testimony on MTBE. Moved Schafer / Second Decker / Wallace and Jones Absent / Passed to approve proposal from Dr. Eric M. LaBolle, in the revised amount of $12,000. MTBE LITIGATION HYDROLOGIC MODELS (Consent Item a.) ITEMS FOR BOARD ACTION Ivo Bergsohn gave a brief overview why the stormwater study was necessary. The infiltration of stormwater to groundwater as a means to reduce run-off is a best management practice and is widely used in the Tahoe Basin. The use of these retention basins have been a continual concern to District staff because of the potential threat of petroleum hydro-carbon compounds contaminating District's water resources and groundwater quality. Moved Schafer / Second Decker / Wallace and Jones Absent / Passed to approve proposal from Swanson Hydrology & Geomorpholgy, in the amount of $300,000 (half of all project expenditures shall be reimbursed to the District under Lake Tahoe Erosion Control Grant No. 02-DG-11051900-036, Hydrocarbon Evaluation). Richard Solbrig reported that the agencies involved in reviewing the draft EIR requested the District prepare a risk analysis of all the alternatives that have been dis- cussed. The TRPA suggested a fifth alternative by combining two alternatives, and requested the District consider the feasibility of the fifth alternative. A Technical Advisory Committee will be assembled, com- prised of District staff and the project managers from Parsons and Carollo: John Calmer/Civil Engineer, for pipeline designs; Charles Hoes/Safety Engineer, for risk analysis methodology; Jon Corley/Construction Superintendent, for construction risks/methods; and John List/P.E., for surge analysis. Each consultant will be working under a not to exceed $7,000 contract (John LAKE TAHOE RESTORATION ACT: STORMWATER STUDY B-LINE PHASE 3 EXPORT PIPELINE REPLACEMENT PROJECT REGULAR BOARD MEETING MINUTES - OCTOBER 17, 2002 PAGE - 3 List is already a subconsultant to Carollo Engineers). The total cost to the District, including Parsons and Carollo staff (working under existing contracts) and expenses is estimated at $40,000. The risk analysis tables produced by the TAC will be included in the revised EIR/EIS. B-LINE PHASE 3 EXPORT PIPELINE REPLACEMENT PROJECT (continued) Moved Schafer / Second Becker / Wallace and Jones Absent/Passed to approve Technical Advisory Committee Consultants Contracts; Moved Schafer / Second Becker / Wallace and Jones Absent/Passed to approve changing the proposed December 31,2003 Regular Board Meeting to January 2, 2O04; 2003 BOARD CALENDAR Moved Schafer / Second Becker / Wallace and Jones Absent/Passed to approve payment in the amount of $2,033,865.68. PAYMENT OF CLAIMS Water and Wastewater Operations Committee: The committee met on October 15. Minutes of the meeting are available upon request. BOARD MEMBER STANDING COMMITTEE REPORTS Planning Committee: Director Schafer reported on three items: 1 ) The committee met with an owner of property located in the Spring Creek Tract to discuss: (1) Billing for services that were never used; and (2) Inaccuracy of DIGS markings. Additional information is needed before the committee can make any decisions. 2) The committee is reviewing the revised Alpine County Contract that consolidates all the agreements and amend- ments that have been added since the original agreement was signed in 1967. 3) District counsel has been asked to review an agreement that the Board approved several weeks ago when two lot owners requested a variance from the District in order to hook-up two propedies to one sewer connection. New and possibly conflicting information has emerged and the District needs a clearer image of what exactly the property owners are requesting before the Board can give final approval. Director Mosbacher repoded on two items: BOARD MEMBER REPORTS 1) She attended the October 16 Upper Truckee River Watershed Focus group meeting and heard that the REGULAR BOARD MEETING MINUTES - OCTOBER 17, 2002 PAGE - 4 Freel Peak Planning Area (which encompasses all of the Tahoe Basin) has been dropped from Senator Boxer's Wilderness Bill. 2) The County is doing major erosion control projects along South Upper Truckee and Highway 89, and she was concerned what impact they might have with the District's B-Line project. Director Schafer reported that he enjoyed attending the October 16 Employees Communications Committee meeting. General Manager: Bob Baer reported on two items: 1) As directed at the last Board Meeting, President Wallace sent a letter to the TRPA regarding the revised Allocation Plan. 2) He attended a TRPA presentation with President Wallace on the Allocation Plan, and stated it was one of the most complicated Plans he has ever seen. It is important for the District to monitor this plan as it could cut in half the amount of revenue the District receives from connection fees. Land Application Manager: Hal Bird reported that the Yellow-legged Frog will be put on the endangered species list in 2003. This may eliminate the stocking of fish in Alpine County. 3:10 - 3:20 P.M. 3:20 P.M. 4:00 P.M. BOARD MEMBER REPORTS (continued) GENERAL MANAGER/STAFF REPORTS MEETING BREAK ADJOURNEDTO CLOSED SESSION RECONVENED TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION No reportable Board action Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Exisiting Litigation: STPUD v. John Breeze Mumford, et.al. El Dorado County Superior Court Case No. SC20020030 REGULAR BOARD MEETING MINUTES - OCTOBER 17, 2002 PAGE - 5 No reportable Board action No reportable Board action No reportable Board Action No reportable Board Action Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Company vs. STPUD and Does 1 10 Inclusive; Alpine County Superior Court Case No. C18644 Pursuantto Government Code Section 54956.9(a)/ Conference with Legal Counsel- Existing Litigation: STPUD rs. F. Heise Land & Livestock Company, Inc., William Weaver, Eddie R. Synder, Crockett Enterprises, Inc., CIV. S-02-0238 MLS JFM United States District Court for the Eastern Division of California, Sacramento, CA Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of California Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD rs. Lakeside Park Association, et al., County of El Dorado, Superior Court Case No. SC20010165 4:00 P.M. ADJOURNMENT REGULAR BOARD MEETING MINUTES - OCTOBER 17, 2002 PAGE - 6 Duane Wallace, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District By: Jeri Callian, Assistant. Board Clerk