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SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
REGULAR BOARD MEETING AGENDA
Thursday, October 15, 2009
2:00 P.M.
District Board Room
1275 Meadow Crest Drive, South Lake Tahoe, California
Richard Solbri , General Manager Paul Sciuto, Assistant General Mana er
Mary Lou Mosbacher, President BOARD MEMBERS Dale Rise, Vice President
James R. Jones, Director Eric W. Schafer, Director Ernie Claudio, Director
1. CALL TO ORDER REGULAR MEETING — PLEDGE OF ALLEGIANCE
2. 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.)
3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR
4. ADOPTION OF CONSENT CALENDAR (Any item can be discussed and considered
separately upon request)
5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION / ACTION
6. 2:05 P.M. PROPOSITION 218 MAJORITY PROTEST PUBLIC HEARING
(1) Report on Customer Notification Pursuant to Proposition 218 Requirements
(2) Presentation of Snowmaking Water Rates for Heavenly Valley
(By Municipal Financial Services)
(3) Report on Protest Received
7. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION
a. Heavenly / District Water Service Agreement Authorize Execution of the Water
Pg. 97 (Paul Hughes) Service Agreement with Heavenly
Valley Limited Partnership
REGULAR BOARD MEETING AGENDA — OCTOBER 15, 2009 PAGE — 2
b. Ordinance No. 518 -09: Time Limits on Enact Ordinance No. 518 -09
Pg.119 Sewer Permits Amending Section 4.2.10 of the
(Lisa Coyner) Administrative Code Regarding Time
Limits on Sewer Permits
C. Management Memorandum of Understanding Approve One Year Contract
Pg.125 (Richard Solbrig)
d. Payment of Claims Approve Payment in the Amount of
Pg. 127 $1,552,885.52
8. BOARD MEMBER STANDING COMMITTEE REPORTS
(Discussions may take place; however, no action will be taken)
a. Water & Wastewater Operations Committee (Jones / Rise)
b. Finance Committee (Schafer / Claudio)
C. Executive Committee (Mosbacher / Rise)
d. Planning Committee (Mosbacher / Schafer)
9. BOARD MEMBER AD HOC COMMITTEE REPORTS
a. Management and Union MOU Ad Hoc Committee (Schafer /Rise)
10. ELDORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVES REPORT
11. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken)
12. GENERAL MANAGER REPORTS (Discussions may take place; however, no action will be taken)
a. Integrated Water Management Plan and Proposition 84
b. City Water MOU
13.
STAFF / ATTORNEY REPORTS (Discussions may take place; however, no action will be taken)
a. Legislative Update (Dennis Cocking)
14. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS
Past Meetinas / Events
10/06/09 — STPUD Candidates Forum
10/07/09 — El Dorado County Water Agency Special Meeting
10/07/09 — Management & Union MOU Ad Hoc Committee Meeting
10/12/09 — Water and Wastewater Operations Committee Meeting
10/13/09 — Management & Union MOU Ad Hoc Committee Meeting
10/14/09 — El Dorado County Water Agency Board Meeting
Future Meetinas / Events
10/20/09 — 9:00 a.m. — Alpine County Supervisors Regular Meeting in Markleeville
10/28/09 — 8:00 a.m. — ECC (Employee Communications Committee) Meeting at District
(Director Jones is Board representative)
10/29/09 — 3:00 p.m. — Special Board Meeting (Meter and Vault Bid Award) at District
11/02/09 — 3:30 p.m. — Water and Wastewater Operations Committee Meeting at District
11/03/09 — 9:00 a.m. — Alpine County Supervisors Regular Meeting in Markleeville
11/04/09 — 9:00 a.m. — El Dorado County Water Agency Board Meeting in Shingle Springs
11/05/09 — 2:00 p.m. — STPUD Regular Board Meeting at District
REGULAR BOARD MEETING AGENDA — OCTBOER 15, 2009 PAGE — 3
15. CLOSED SESSION (Closed Sessions are not open to the public)
a. Pursuant to Government Code Section 54956.9(a) /Conference with Legal Counsel —
Pg. 145 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 CA
b. Pursuant to Government Code Section 54956.9(a) /Conference with Legal Counsel -
Pg. 147 Existing Litigation: Tahoe Asphalt, Inc. and Tahoe Asphalt Materials Company, LLC,
vs. STPUD, Case No. SC20090104, El Dorado Superior Court
16. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION
17. ADJOURNMENT (To the next regular meeting, November 5, 2009, 2:00 p.m.)
The South Tahoe Public Utility District 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 meeting and at the District office during the hours of
8:00 a.m. — 5:00 p.m., Monday through Friday. A recording of the meeting is retained for 30 days after minutes of the meeting have
been approved. 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 Hearings will not be called to order
prior to the time specified, but may occur slightly later than the specified time.
Public 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 brief and directed to the specifics of the item being considered. Comments on items not on
the agenda can be heard during "Comments from the Audience;" however, action cannot be taken on items not on the agenda.
Please provide the Clerk of the Board with a copy of all written material presented at the meeting. Backup to any agenda item(s)
not included with the Board packet will be made available when finalized at the District office, at the Board meeting, and upon
request to the Clerk of the Board.
The meeting location is accessible to people with disabilities. Every reasonable effort will be made to accommodate participation of
the disabled in all of the District's public meetings. If particular accommodations for the disabled are needed (i.e., disability- related
aids, or other services), please contact the Clerk of the Board at 530.544.6474, extension 6203, at least 24 hours in advance of the
meeting.
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CONSENT CALENDAR
OCTOBER 15, 2009
ITEMS REQUESTED ACTION
a. Cul De Sac Holdings, LLC Water Main Extension
Pg. 1 (Lisa Coyner)
b. Cul De Sac Holdings, LLC Sewer Main Extension
Pg. 7 (Lisa Coyner)
C. Alpine County Annual Impact/Mitigation/
Pg. 13 Compensation Fee
Adopt Resolution No. 2873 -09
Accepting the Cul De Sac Holdings
Water Main Extension
Adopt Resolution No. 2874 -09
Accepting the Cul De Sac Holdings
Sewer Main Extension
Authorize Payment of District's
Annual Mitigation Fee (The Mitigation Fee
Report will be Provided Prior to, and at the
Board Meeting)
d. Wastewater Treatment Plant Filter Rehabilitation Approve Proposal from Brown &
Pg. 15 (Julie Ryan) Caldwell Consulting Engineers
for Design Services in the Amount of
$38,204
e. Angora Water Tank Replacement Sitework
Pg. 21 (Julie Ryan)
f. Arrowhead Well No. 3 Arsenic Treatment Facility
Pg. 25 (Ivo Bergsohn)
g. Luther Pass Pump Station Standby Power
Pg. 29 Generation Facility
(Ivo Bergsohn)
h. Harvey Place Reservoir Bypass Pipeline
Pg. 35 (Ivo Bergsohn)
Approve Change Order No. 1 to
KG Walters Construction Company,
in the Amount of $3,990.57
Approve Change Order No. 3 to
KG Walters Construction, Inc. in
the Amount of $4,716.33
Authorize an Increase to Purchase
Order P21709 to AECOM for
Additional Engineering Services for
Design of a Removable Roof Panel,
in the Amount of $5,214
Approve Proposal from c2me
Engineering Services in General
Accordance with the DVR Pipeline
Proposal Dated September 29,
2009, in the Amount of $26,290
CONSENT CALENDAR - OCTBOER 15, 2009 PAGE - 2
i. Diesel Particulate Filters
Pg. 41 (Randy Curtis)
(1) Reject Low Bid for Non- Respon-
siveness; and (2) Award Bid to the
Lowest Responsive, Responsible
Bidder A -Z Emissions Solutions, in
the Amount of $73,255.56
j. Pump Run Service Truck
Pg. 45 (Randy Curtis)
k. Proposition 1A Securitization Program
Pg. 49 (Paul Hughes)
I. Regular Board Meeting Minutes:
Pg. 85 September 17, 2009
M. Regular Board Meeting Minutes:
Pg. 91 October 1, 2009
Authorize Staff to Advertise for Bids
for One 44 Y2 Ton Pickup Truck
(1) Adopt Resolution No. 2875 -09
Approving the Form of and
Authorizing the Execution and
Delivery of a Purchase and Sale
Agreement and Related Documents
with Respect to the Sale of the
Seller's Proposition 1A Receivable
from the State; and (2) Directing and
Authorizing Certain Other Actions in
Connection Therewith
Approve Minutes
Approve Minutes
South Tahoe Public Utility District ■ 1274 Meadow Crest Drive ■ South Lake Tahoe, CA 96150
Phone 530.544.6474 ■ Facsimile 530.541.0614 ■ www.stpud.us
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BOARD AGENDA ITEM 4a
TO: Board of Directors
FROM: Lisa Coyner, Manager of Customer Service
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Cul De Sac Holdings, LLC Water Main Extension
REQUESTED BOARD ACTION: Adopt Resolution No. 2873 -09 accepting the Cul De
Sac Holdings Water Main Extension.
DISCUSSION: The Board of Directors approved Cul De Sac Holdings, LLC's request
for the water main extension on May 1, 2008. A Notice of Completion and Irrevocable
Offer to Dedicate Water Main Extension was recorded by the El Dorado County
Recorder's Office on August 21, 2009. The above requested action by the Board and by
signing the Certificate of Acceptance will complete and close out this project.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Resolution No. 2873 -09, Certificate of Acceptance
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
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BOARD AGENDA ITEM 4a
TO: Board of Directors
FROM: Lisa Coyner, Manager of Customer Service
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Cul De Sac Holdings, LLC Water Main Extension
REQUESTED BOARD ACTION: Adopt Resolution No. 2873 -09 accepting the Cul De
Sac Holdings Water Main Extension.
DISCUSSION: The Board of Directors approved Cul De Sac Holdings, LLC's request
for the water main extension on May 1, 2008. A Notice of Completion and Irrevocable
Offer to Dedicate Water Main Extension was recorded by the El Dorado County
Recorder's Office on August 21, 2009. The above requested action by the Board and by
signing the Certificate of Acceptance will complete and close out this project.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Resolution No. 2873 -09, Certificate of Acceptance
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
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RESOLUTION NO. 2873-09
A RESOLUTION BY THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ACCEPTING THE CUL DE SAC HOLDINGS, LLC
WATER MAIN EXTENSION
WHEREAS, the District owns and operates a water treatment and distribution
system (System) for the beneficial use by the District and its customers located within
the City of South Lake Tahoe and certain portions of the County of El Dorado,
California; and
WHEREAS, Cul De Sac Holdings, LLC (Owner) owns certain real property and
I improvements located at 1772 D Street, El Dorado County, California, as more
particularly described in the Water Main Extension Agreement, defined below; and
WHEREAS, completion of project required a water main extension; and
WHEREAS, the District's Board of Directors approved Owner's request for the
water main extension (Main Extension) on May 1, 2008, subject to execution of a Water
Main Extension Agreement, which was executed by the Owner and by the District on
I May 1, 2008 (Agreement); and
WHEREAS, Owner completed construction of the Water Main Extension which
consists of approximately 1,280 feet of an 8 -inch pipeline for which Owner paid Seventy
Thousand Four Hundred Dollars ($70,400.00); add one (1) additional fire hydrant, and
add connection valves for use by potential future customers; and
WHEREAS, the District paid Seven Thousand Six Hundred Eighty Dollars
($7,680.00) to up -size the Water Main Extension pipeline from 6 - inches to 8 — inches
and add approximately 330 feet of water service;
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WHEREAS, Owners executed an Irrevocable Offer to Dedicate the Water Main
Extension to the District, dated August 6, 2009 (Dedication); and
WHEREAS, the Irrevocable Offer to Dedicate was recorded in the County
Recorder's Office on August 21, 2009; and,
WHEREAS, Owners desire the District to accept the Water Main Extension and
provide regular water service to Owner's above described property.
NOW THEREFORE, be it resolved that the Board of Directors accepts the
dedication of the Cul De Sac Holdings, LLC Water Main Extension and authorizes the
President of the Board of Directors to execute the Certificate of Acceptance of the
Dedication.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution was duly adopted and passed by the Board of Directors of the South Tahoe
Public Utility District at a regularly scheduled meeting held on the 15th day of
October, 2009, by the following vote:
AYES:
NOES:
ABSENT:
Mary Lou Mosbacher, Board President
South Tahoe Public Utility District
ATTEST:
Kathy Sharp, Clerk of the Board
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
South Tahoe Public Utility District
c% Lisa M. Coyner
1275 Meadow Crest Drive
South Lake Tahoe, California 96150
THIS SPACE RESERVED FOR
RECORDER ONLY
(Gov. Code § 27361.6)
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest conveyed by the Irrevocable Offer to
Dedicate Water Main Extension dated August 6, 2009 to the South Tahoe Public Utility
District (District), a governmental agency, is hereby accepted by the undersigned officer
or agent on behalf of the District pursuant to authority conferred by resolution of the
District's Board of Directors adopted on October 15, 2009, and the District consents to
the recording of this Acceptance by its duly authorized officer or agent.
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Dated: October 15, 2009
Mary Lou Mosbacher, Board President
South Tahoe Public Utility District
ATTEST:
Kathy Sharp, Clerk of the Board
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BOARD AGENDA ITEM 4b
TO: Board of Directors
FROM: Lisa Coyner, Manager of Customer Service
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Cul De Sac Holdings, LLC Sewer Main Extension
REQUESTED BOARD ACTION: Adopt Resolution No. 2874 -09 accepting the Cul De
Sac Holdings Sewer Main Extension.
DISCUSSION: The Board of Directors approved Cul De Sac Holdings, LLC's request
for the sewer main extension on May 1, 2008. A Notice of Completion and Irrevocable
Offer to Dedicate Sewer Main Extension was recorded by the El Dorado County
Recorder's Office on August 21, 2009. The above requested action by the Board and
by signing the Certificate of Acceptance will complete and close out this project.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Resolution No. 2874 -09, Certificate of Acceptance
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
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BOARD AGENDA ITEM 4b
TO: Board of Directors
FROM: Lisa Coyner, Manager of Customer Service
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Cul De Sac Holdings, LLC Sewer Main Extension
REQUESTED BOARD ACTION: Adopt Resolution No. 2874 -09 accepting the Cul De
Sac Holdings Sewer Main Extension.
DISCUSSION: The Board of Directors approved Cul De Sac Holdings, LLC's request
for the sewer main extension on May 1, 2008. A Notice of Completion and Irrevocable
Offer to Dedicate Sewer Main Extension was recorded by the El Dorado County
Recorder's Office on August 21, 2009. The above requested action by the Board and
by signing the Certificate of Acceptance will complete and close out this project.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Resolution No. 2874 -09, Certificate of Acceptance
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
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RESOLUTION NO. 2874-09
A RESOLUTION BY THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ACCEPTING THE CUL DE SAC HOLDINGS, LLC
SEWER MAIN EXTENSION
WHEREAS, the District owns and operates a wastewater treatment and
collection system (System) for the beneficial use by the District and its customers
located within the City of South Lake Tahoe and certain portions of the County of El
Dorado, California; and
WHEREAS, Cul De Sac Holdings, LLC (Owner) owns certain real property and
improvements located at 1772 D Street, El Dorado County, California, as more
particularly described in the Sewer Main Extension Agreement, defined below; and
WHEREAS, completion of project required a sewer main extension; and
WHEREAS, the District's Board of Directors approved Owner's request for the
sewer main extension (Main Extension) on May 1, 2008, subject to execution of a
Sewer Main Extension Agreement, which was executed by the Owner and by the
District on May 1, 2008 (Agreement); and
WHEREAS, Owner completed construction of the Sewer Main Extension which
consists of approximately 610 feet of 4 -inch pipeline and added three (3) manholes and
three (3) flush inlets for which Owner paid Forty -One Thousand Two Hundred and
Eighty Dollars ($ 41,280.00); and
WHEREAS, the District paid Eleven Thousand Nine Hundred and Thirty Dollars
($11,930.00) to upsize the Sewer Main Extension from 4- inches to 6- inches and added
222 feet of 4 -inch lateral for a total of eleven (11) service laterals; and
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WHEREAS, Owners executed an Irrevocable Offer to Dedicate the Sewer Main
Extension to the District, dated August 6, 2009 (Dedication); and
WHEREAS, the Irrevocable Offer to Dedicate was recorded in the County
Recorder's Office on August 21, 2009; and,
WHEREAS, Owners desire the District to accept the Sewer Main Extension and
provide regular wastewater service to Owner's above described property.
NOW THEREFORE, be it resolved that the Board of Directors accepts the
dedication of the Cul De Sac Holdings, LLC Sewer Main Extension and authorizes the
President of the Board of Directors to execute the Certificate of Acceptance of the
Dedication.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution was duly adopted and passed by the Board of Directors of the South Tahoe
Public Utility District at a regularly scheduled meeting held on the 15"' day of
October, 2009, by the following vote:
AYES:
NOES:
ABSENT:
Mary Lou Mosbacher, Board President
South Tahoe Public Utility District
ATTEST:
Kathy Sharp, Clerk of the Board
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
South Tahoe Public Utility District
c/o Lisa M. Coyner
1275 Meadow Crest Drive
South Lake Tahoe, California 96150
THIS SPACE RESERVED FOR
RECORDER ONLY
(Gov. Code § 27361.6)
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest conveyed by the Irrevocable Offer to
Dedicate Sewer Main Extension dated August 6, 2009 to the South Tahoe Public Utility
District (District), a governmental agency, is hereby accepted by the undersigned officer
or agent on behalf of the District pursuant to authority conferred by resolution of the
District's Board of Directors adopted on October 15, 2009, and the District consents to
the recording of this Acceptance by its duly authorized officer or agent.
Dated: October 15, 2009
ATTEST:
m b -
Kathy Sharp, Clerk of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Mary Lou Mosbacher, Board President
South Tahoe Public Utility District
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BOARD AGENDA ITEM 4c
TO: Board of Directors
FROM: Debbie Henderson, Accounting Manager
MEETING DATE: October 15, 2009
ITEM — PROJECT: Alpine County Annual Impact/Mitigation /Compensation Fee
REQUESTED BOARD ACTION: Authorize payment of District's annual mitigation fee
to Alpine County.
DISCUSSION: The second amendment to the agreement between the District and the
County of Alpine, dated June 2, 1983, provides for an annual payment to compensate
for and mitigate the impacts of Harvey Place Dam Project.
Payment amount will be supplied prior to, and at the Board meeting.
SCHEDULE: Amount to be supplied prior to, and at the Board meeting
COSTS: To be determined
ACCOUNT NO: 1028 -6650
BUDGETED AMOUNT REMAINING: $157,000
ATTACHMENTS: Alpine County Mitigation Fee Report to be supplied prior to, and at
the Board meeting.
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES 4Z NO
CHIEF FINANCIAL OFFICER: YES NO
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BOARD AGENDA ITEM 4c
TO: Board of Directors
FROM: Debbie Henderson, Accounting Manager
MEETING DATE: October 15, 2009
ITEM — PROJECT: Alpine County Annual Impact/Mitigation /Compensation Fee
REQUESTED BOARD ACTION: Authorize payment of District's annual mitigation fee
to Alpine County.
DISCUSSION: The second amendment to the agreement between the District and the
County of Alpine, dated June 2, 1983, provides for an annual payment to compensate
for and mitigate the impacts of Harvey Place Dam Project.
Payment amount will be supplied prior to, and at the Board meeting.
SCHEDULE: Amount to be supplied prior to, and at the Board meeting
COSTS: To be determined
ACCOUNT NO: 1028 -6650
BUDGETED AMOUNT REMAINING: $157,000
ATTACHMENTS: Alpine County Mitigation Fee Report to be supplied prior to, and at
the Board meeting.
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES 4Z NO
CHIEF FINANCIAL OFFICER: YES NO
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BOARD AGENDA ITEM 4d
TO: Board of Directors
FROM: Julie Ryan, Senior Engineer
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Wastewater Treatment Plant Filter Rehabilitation
REQUESTED BOARD ACTION: Approve proposal from Brown & Caldwell Consulting
Engineers (B &C) for design services in the amount $38,204.
DISCUSSION: Staff is currently designing the Filters 5 & 6 Rehabilitation Project at the
Wastewater Treatment Plant. To support that design, B &C recently prepared a filter
inspection and evaluation report. In this report B &C recommended not only
rehabilitation of the filter vessels, media and piping, but also replacement of the valves,
instrumentation and electrical system for all six filters. Staff has requested that B &C
prepare a proposal for the following additional task in support of the filter rehabilitation
project:
• Evaluate the applicable options for valves, valve actuators, instrumentation and
SCADA upgrades.
Once the preferred alternatives for these items have been identified, staff will request a
proposal from B &C for additional tasks to provide design services for these items. The
design for the rehabilitation of the filter vessels, media and piping is being prepared in-
house by staff.
The Scope of Work and Cost Estimate is attached for Board consideration. With Board
approval the work will be performed as Task Order 10 under Brown & Caldwell's Master
Services Agreement with the District.
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BOARD AGENDA ITEM 4d
TO: Board of Directors
FROM: Julie Ryan, Senior Engineer
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Wastewater Treatment Plant Filter Rehabilitation
REQUESTED BOARD ACTION: Approve proposal from Brown & Caldwell Consulting
Engineers (B &C) for design services in the amount $38,204.
DISCUSSION: Staff is currently designing the Filters 5 & 6 Rehabilitation Project at the
Wastewater Treatment Plant. To support that design, B &C recently prepared a filter
inspection and evaluation report. In this report B &C recommended not only
rehabilitation of the filter vessels, media and piping, but also replacement of the valves,
instrumentation and electrical system for all six filters. Staff has requested that B &C
prepare a proposal for the following additional task in support of the filter rehabilitation
project:
• Evaluate the applicable options for valves, valve actuators, instrumentation and
SCADA upgrades.
Once the preferred alternatives for these items have been identified, staff will request a
proposal from B &C for additional tasks to provide design services for these items. The
design for the rehabilitation of the filter vessels, media and piping is being prepared in-
house by staff.
The Scope of Work and Cost Estimate is attached for Board consideration. With Board
approval the work will be performed as Task Order 10 under Brown & Caldwell's Master
Services Agreement with the District.
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Julie Ryan
October 15, 2009
Page 2
SCHEDULE: October 2009 to June 2010
COSTS: $38,204
ACCOUNT NO: 1029 - 8066 /FILTER
BUDGETED AMOUNT REMAINING: $298,700
ATTACHMENTS: Scope of Work and Cost Estimate
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
WATER RECLAMATION PLANT
PROPOSAL FOR THE EVALUATION OF IMPROVEMENTS TO
PRESSURE FILTER VESSEL NOS. 5 AND 6
BACKGROUND
South Tahoe Public Utility District (District) initiated operation of its tertiary water
reclamation plant in 1965 at 2.5 million gallons per day (mgd) capacity. Subsequent
expansions and upgrades have increased the rate average day capacity to 7.7 mgd. Today,
average daily flows are 4 to 5 mgd.
Effluent receives tertiary level treatment including pressure filtration. Filtered effluent is
exported outside the Tahoe Basin to Harvey Place Reservoir, from where the effluent is used
for agricultural irrigation in the Carson River drainage.
The District installed the first two of the six dual -media pressure filter vessels in 1966 and
the last four by 1972. Each vessel, measuring 10 feet in diameter and 58 feet long, originally
contained triple media— anthracite over sand over garnet sand —with rotating surface
washes and perforated galvanized pipe underdrains set in gravel. Filter Nos. 1 through 4
were rebuilt in 1984. The District has never rebuilt Filter Nos. 5 and 6 but last added media
to these filters in 1990.
When secondary effluent quality is sufficiently good, effluent is pumped directly to the
filters. When poorer quality effluent occurs, staff adds cationic polymer as a primary
coagulant. District staff backwashes the filters automatically based on either time in service
or headloss. Backwash typically occurs about every 24 to 48 hours. The backwash rate is
about 20 gallons per minute per square foot for about 20 minutes. District staff has noticed
recent deterioration in filtered effluent turbidity and increased backwash frequency.
After removal of media and vessel cleaning, the District with assistance from Brown and
Caldwell inspected the exterior and interior of Filter No. 6 in 2008. Based on this
inspection, the District staff has undertaken design of improvements to Filter Nos. 5 and 6
including rework of interior piping, cleaning and recoating of the pressure filter vessel
interior, and replacement of the underdrain piping and filter media and supporting gravel.
Currently, the District has Allen-Bradley PLCs and Wonderware software as integral
components of its supervisory control and data acquisition system (SCADA). All new
construction will use Allen - Bradley PLCs and Wonderware. The existing PLC will be
decommissioned and a new PLC will be installed for controlling and monitoring all pressure
filters. The design will detail the transition of the existing PLC to the new PLC during
construction.
-17-
SCOPE OF WORK
The District has requested assistance from Brown and Caldwell with reworking and updating
the filter control valves, valve actuators, status and process monitoring, and filter controls.
The District will be responsible for the following:
• Provide record drawings for existing facilities and CAD drawing for existing pressure
filter front elevation
• Provide one set of collated review comments for each submittal
• Design mechanical rehabilitation of existing pressure filters
• Provide detailed description of filter sequencing and operation
• Release the bidding documents to potential bidders, advertise, and receive and open
bids
• Perform inspections during construction
Brown and Caldwell will complete the following tasks as part of the conceptual design:
Task 1. Project Management Our project management includes coordinating all ro'ect
administration tasks, managing staff, and monitoring the budget and schedule. Spec ifrcal y,
we will prepare a project management plan; monitor job progress, expenditures, and
perfomunce; and prepare monthly invoices and project progress reports.
Task 2. Alternatives Analysis. The purpose of this task is to evaluate the existing
equipment and facilities, develop and evaluate altematives, and prepare and submit a
technical memorandum that presents a recommended upgrade strategy.
2.1— Conduct Kickoff Meeting and Site reconnaissance. The purpose of this subtask
is to perform an evaluation of the existing filter control valves (e.g., rate controller,
backwash, backwash dump, filter- to-waste, and applied water) and controls including air
supply, pneumatic operators, and related electrical and instrumentation. Conduct a kickoff
meeting with key District staff to document existing, operational problems and concerns,
limitations of existing mechanical equipment and control systems, and options already
considered or of interest to District staff. Also discuss District philosophy regarding
redundancy of equipment and control components. Obtain hard and electronic copies of
any record drawings for the effluent filters from District staff. Tour the filter gallery with
District staff and document existing equipment with digital photographs. Also receive
copies of either District standards for process and instrumentation drawings (P&IDs) or
copies of P8dDs from the District's most recent construction to use as a standard for Filter
Nos. 5 and 6 P&IDs. Determine what space night be available for a new instrument air
compressor and peripherals, a new remote temiinal unit/programmable logic controller, and
electrical equipment such as motor control centers for electrically actuated valves.
2.2 — Develop and Evaluate Alternatives. Perform an evaluation of filter control
options including pneumatic, electric and electric /hydraulic filter rate controllers and electric
and pneumatic operators for on/off control valves. Consider options for metering applied
water /filtered water and backwash water and for rewiring the effluent filter system Develop
preliminary process and instrumentation diagrams for each type of system without full
-18-
control logic. Consider single and multiple PLC options. Determine peripheral
requirements for each system and prepare preliminary layouts for new mechanical and
electrical equipment using existing drawings or digital photographs as backgrounds to show
proposed modifications. List advantages and disadvantages for each approach and rank the
approach in terms of operational ease, maintenance requirements, reliability, and expected
service life. Develop order -of- magnitude cost opinions for up to two complete systems (35
percent contingency).
2.3 — Prepare and Submit Technical Memorandum Prepare and submit a draft
technical memorandum ('In that summarizes all work completed as part of the Alternatives
Analysis. Submit the draft TM via email. About one week after draft IM submission, have
a face- to-face meeting with District staff to present the TM and receive comments. Select
the recommended alternative with District staff. Address review comments received as one
collated set from the District's Project Manager. Submit 10 hand copies and one electronic
copy on CD of the final IM
Schedule
Submit the draft TM within 35 working days of receipt of authorization to proceed. Submit
the final TM within 10 working days of receipt of one collated set of District review
comments for the draft IM
-19-
South Tahoe Public Utility District -- Evaluation of Impro cements b Pressu e Filter Vessel Nos. 5 and 6
Phase
Phase Description
GRAND TOTAL
S182.41
$104.68
8
$227.39
26
S137.59
60
v e
J 7
8 1
LL
$148.01
4
lu Z
5109.68
$124.13
16
24
$191.37
8
S190.84
24
$67.51
16
$70.98
4
Total Labor
Mows
234
Total Labor
Fee
35,832
Associated
Project Cost
1 ,872
Other
Travel
S00
Total Project
Fee
38,204
General MMUIW
RIC#l&M H. 901WAj
50ut;h Tahoe &
Ja~R.Janes
PuHic Utility Dietrict
BOARD AGENDA ITEM 4e
TO: Board of Directors
FROM: Julie Ryan, Senior Engineer
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Angora Water Tank Replacement Sitework
REQUESTED BOARD ACTION: Approve Change Order No. 1 to KG Walters
Construction Company, in the amount $3,990.57.
DISCUSSION: Change Order No. 1 addresses three work items that are beyond the
scope of the Contract, and a change to the contract time.
1. During construction the existing waterline into and out of the Angora Tank was
uncovered in a different location than it was shown on the Contract Drawings. This
deviation requires that the tank outlet piping be relocated and modified. The additional
work to modify the outlet piping to fit site conditions was performed on a Lump Sum
basis for an additional cost of $1,959.61.
2. During the pre- construction site visit with the USFS, the District identified 10 trees
that pose a potential hazard to the tank and access road that were not included in the
Contract for removal. The additional work to remove the trees was performed on a
Lump Sum basis for an addition cost of $1,336.50.
3. At staffs request, the Contractor supported the District's geotechnical investigation
for design of the access road by digging test pits for the consulting geotechnical
engineer to collect samples. The additional work to dig the test pits was performed on a
Time & Materials Basis for an additional cost of $694.46.
4. Due to delays in permitting and obtaining access to properties not owned by the
District, the Contractor could not begin certain site activities in enough time to complete
the work within the Contract Time. Staff recommends that the Contract Time be
extended by fifteen days (to October 30, 2009) to account for these delays. There is no
cost impact associated with this time extension.
-21-
Julie Ryan
October 15, 2009
Page 2
SCHEDULE: As soon as possible
COSTS: $3,990.57
ACCOUNT NO: 2029 -7064
BUDGETED AMOUNT REMAINING: $229,720
ATTACHMENTS: Change Order No.1
CONCURRENCE WITH REQUESTED ACTIO : CATEGORY: Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-22-
CHANGE ORDER NUMBER 1
. Project Angora Water Tank Replacement — Sltewot�c
'ej.1t . Contractor KG Wafers Construgtion Companw
Date: October 15, 2 PO # P21736
The Contract Shall Be Changed As Follows:
A. Amend Bid Item 7C, to include labor, equipment, materials and subcontractor costs
necessary to modify the Angora Tank outlet piping and the tie -in to the existing
waterline north of the tank site. The net difference In cost for this item is $1,959.61 as
detailed in the PCO 104 (attached). This item addresses in full the additional cost for the
work requested by the District In the Response to RFI #102, dated September 15, 2009.
TOTAL FOR ITEM A IS #1,9
TOTAL FOR CHANGE ORDER #1 IS
A + B +C + D = $3,990.57
Co g changes r t terms hereof. The
change in contract price and/or contract time noted is full settlement for costs Incurred as a result of
the change(s) described, unless specifically noted In Individual description(s).
Authorized By STPUD Board President
Accepted By Contractor
Reviewed By
Ori inal Contract $
$ 578 1
108
Previous Change Orders $
$ 0
0 0
0
Current Contract $
$ 5
578,200.00 1
108
THIS CHANGE ORDER $
$ 3
3 2
22
New Contract Total $
$ 5
582,190.57 1
130.
Date:
Date:
Date:
-23-
B. Amend Bid Item 3 to Include all labor, equipment, materials and subcontractor costs
necessary to remove 10 additional trees at the project site. The additional coat for this
item is $1,336.50 as detailed^ in PCO 101 (a ched). This item addresses In full the
additional cost for the work requested by the District in Construction Memorandum #3,
dated July 13, 2005.
TOTAL FOR ITEM B IS $ 1,336.50
C. Add Bid Item 12 to include all labor, equipment, materials and subcontractor costs
necessary to dig test pits in support of the geotechnical investigation. The additional
cost for this item Is $604.46 as detailed in PCO 103 (attached). This Item addresses in
full the additional cost for the work requested by the District in Construction
Memorandum #4, dated July 13, 2009.
TOTAL FOR ITEM C IS $694.46
D. Change the Contact Time, identified in Section 007200, Part 2.04, of the Contract
Specit"ications from one- hundred eight (108) days to one - hundred thirty (130) days to
account for delays in permitting. This item does not address any additional costs that
may be associated with the delays.
TOTAL FOR ITEM D IS $ 0-.00
TOTAL FOR CHANGE ORDER #1 IS
A +B +C +D =$3
-24-
2
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Richard K 5M"
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BOARD AGENDA ITEM 4f
TO: Board of Directors
FROM: No Bergsohn, Hydro - Geologist
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Arrowhead Well No. 3 Arsenic Treatment Facility
REQUESTED BOARD ACTION: Approve Change Order No. 3 to KG Walters
Construction, Inc. (KGW), in the amount of $4,716.33.
DISCUSSION: The itemized parts of Change Order No. 3 are as follows:
Item 1, in the amount of $1,374.86, is to remove and dispose of five 6" x 3' bollards and
place two cubic yards of asphalt pavement. The bollards were used to protect the
former HiPDX treatment system oxygen storage tank. The storage tank has been
removed from the site and the bollards are currently an obstacle to reutilizing the space.
The District requested that KGW remove the bollards and replace the asphalt pavement
in order that the former storage tank space could be utilized by the pump crews for
temporary equipment storage and site operations. The added labor and equipment
required for the improvements is an extra work item that was not part of the original
contract documents.
Item 2, in the amount of $983.97, is to add a 3 -foot wide walk gate to the cedar fence on
the east side of the equipment building south of the entry door. The original plans did
not include a walk gate to access the south side of the property from the treatment
building. Sewer cleanouts for the treatment building are located south of the site
fencing. The District requested that the walk gate be installed for convenient access to
the sewer cleanouts and south side of the property. The added labor and materials
required for installation of the walk gate is an extra work item that was not part of the
original contract documents.
Item 3, in the amount of $2,357.50, is for District and design engineer requested small
piping changes associated with installation of the arsenic treatment equipment. These
piping changes included fabrication of a new side tank pipe support; furnishing and
installing additional pipe supports for the air release drain and media fill lines; furnishing
and installing a 4 -inch x 4 -foot nipple and coupling on the media fill line to lower the
shut -off valve and hose connection to operator breast height; furnishing added fittings
-25-
No Bergsohn
October 15, 2009
Page 2
for installation of the influent and effluent pressure gauge and transmitter assemblies;
furnishing schedule 80 PVC piping and fittings and unistrut supports for construction of
a sampling rack for collection of water quality samples from the treatment vessel; and
furnishing and installing schedule 80 PVC piping, fittings and HDPE rotometers for the
influent and effluent pH sensors. The added labor and materials required by these small
piping changes constitute an extra work item not included in the original contract
documents.
Approval of Change Order No. 3 will increase the current contract by $4,716.33. The
new contract total will be $759,978.46.
SCHEDULE: As soon as possible
COSTS: $4,716.33
ACCOUNT NO: 2029 - 8864 /ARSNIC
BUDGETED AMOUNT REMAINING: $709,153
ATTACHMENTS: Change Order No. 3
CONCURRENCE WITH REQUESTED ACTION:
GENERAL MANAGER: YES O
CHIEF FINANCIAL OFFICER: YES NO
CATEGORY: Water
-26-
CHANGE ORDER NUMBER 3
Project: ARROWHEAD WELL NO.3 ARSENIC TREATMENT
FACILITY
� 1151 •`N
t>t Contractor KG Walters Construction, Inc.
Date 10.15.2009 . PO # P21290
The Contract Shall Be Changed As Follows:
1) Increase $1,374.86 to remove and dispose of five 6" x 3' bollards and place two cubic
yards of asphalt pavement, as requested by the District. The increase includes all added
material, labor and equipment costs plus contractor mark -up, as per KG Walters PC0#1110
(August 21, 2009).
TOTAL FOR ITEM 1: $1,374.86
2) Increase $983.97 to add a 3 -foot wide by 6 -foot tall walk gate on the east side of the
equipment building as requested by the District. The increase includes all added materials
and labor costs plus contractor markup, as per KG Walters PC0#112 (August 27, 2009).
TOTAL FOR ITEM 2: $983.97
TOTAL FOR CHANGE ORDER NO. 3. ITEMS 1- 31S: $4.716.33
Original Contract
$73() 212 calendar Days
Previous Change Order
$249662.13 21 Calendar Days
Current Contract
$755,262.13 233 Calendar Days
THIS CHANGE ORDER
1 $4 9 716.33
New Contract Total
1 $759,978.
Contractor agrees to make the herein- described changes in accordance with the terms hereof. The chant
In contract price and /or contract time noted is full settlement for costs incurred because of the change(s)
described, unless specifically noted in individual description(s).
Authorized By STPUD Board President
Accepted By Contractor
Date:
Date:
Date:
Reviewed By
-27-
3) Increase $2,357.50 for extra work to complete required small piping changes associated
with the treatment system installation. These include: a) modifications to the side tank pipe
support; b) added pipe supports for the 3 -inch air - release valve and the 4 -inch media fill
line; c) extension of the media fill line; d) installation of an engineer -added treatment vessel
sample rack; e) added fittings for the engineer - modified influent and effluent pressure gauge
and transmitter assemblies; and f) added 2 -inch PVC piping for installation of the influent
and effluent pH sensors. All work to be completed in accordance with the District's requests
and the engineer's response to RFI #118 dated September 16, 2009; the engineer's
response to RFI #119 dated September 14, 2009; and engineer's design clarification dated
September 16, 2009. The increase includes all additional material and labor costs plus
contractor mark -up, as per KG Walters PCO 112 (October 5, 2009).
TOTAL FOR ITEM 3: $2,357.50
TOTAL FOR CHANGE ORDER NO. 3, ITEMS 1- 3 IS: $4,716.33
-28-
M g s wZ* s' :3 / ie
BOARD AGENDA ITEM 4g
TO: Board of Directors
FROM: No Bergsohn, Hydro - Geologist
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: LPPS Standby Power Generation Facility
REQUESTED BOARD ACTION: Authorize an increase to Purchase Order P21709 to
AECOM for additional engineering services for design of a removable roof panel, in the
amount of $5,214.
DISCUSSION: During the project pre- design, District staff requested that AECOM
investigate design alternatives that would allow removal of the 2,500 -KW power
generator /engine from the equipment building. Removal of large power generators is
usually accomplished through the radiator wall opening. For this project, the District
requested that the radiator wall opening be directed toward the pump station and away
from neighboring homeowners as a sound mitigation measure. However, this preferred
layout does not provide adequate clearance for removal of the power generator /engine
by conventional means. AECOM proposed that a removable roof panel be incorporated
in the roofing plan design to accommodate power generator /engine removal, if needed.
District staff recommends that the Board approve the cost increase for incorporation of
the removable roof panel in the architectural and structural design of the equipment
building. Inclusion of the roof panel would reduce future power generator /engine
removal cost, if ever required. Due to savings realized during the geotechnical
investigation, approval of the requested increase will raise the contract ceiling to a total
amount of $240,224.
SCHEDULE: As soon as possible
COSTS: $5,214
ACCOUNT NO: 1029 - 8933 /RGLPPS
BUDGETED AMOUNT REMAINING: $384,796
ATTACHMENTS: Contract Amendment for Addition of Removable Roof Panel,
AECOM, September 18, 2009
—29—
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BOARD AGENDA ITEM 4g
TO: Board of Directors
FROM: No Bergsohn, Hydro - Geologist
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: LPPS Standby Power Generation Facility
REQUESTED BOARD ACTION: Authorize an increase to Purchase Order P21709 to
AECOM for additional engineering services for design of a removable roof panel, in the
amount of $5,214.
DISCUSSION: During the project pre- design, District staff requested that AECOM
investigate design alternatives that would allow removal of the 2,500 -KW power
generator /engine from the equipment building. Removal of large power generators is
usually accomplished through the radiator wall opening. For this project, the District
requested that the radiator wall opening be directed toward the pump station and away
from neighboring homeowners as a sound mitigation measure. However, this preferred
layout does not provide adequate clearance for removal of the power generator /engine
by conventional means. AECOM proposed that a removable roof panel be incorporated
in the roofing plan design to accommodate power generator /engine removal, if needed.
District staff recommends that the Board approve the cost increase for incorporation of
the removable roof panel in the architectural and structural design of the equipment
building. Inclusion of the roof panel would reduce future power generator /engine
removal cost, if ever required. Due to savings realized during the geotechnical
investigation, approval of the requested increase will raise the contract ceiling to a total
amount of $240,224.
SCHEDULE: As soon as possible
COSTS: $5,214
ACCOUNT NO: 1029 - 8933 /RGLPPS
BUDGETED AMOUNT REMAINING: $384,796
ATTACHMENTS: Contract Amendment for Addition of Removable Roof Panel,
AECOM, September 18, 2009
—29—
No Bergsohn
October 15, 2009
Page 2
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES 4W O
CHIEF FINANCIAL OFFICER: YES NO
-30-
AECOM
AECOM
1360 E. Spruce Avenue, Suite 101, Fresno, CA 93720
T 559.448.8222 F 559.448.8233 www.aecom.com
September 18, 2009
Mr. No Bergsohn
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, CA 96150
Subject: Luther Pass Pump Station - Standby Power Project
Contract Amendment for Addition of Removable Roof Panel
The purpose of this letter is to request authorization to perform additional engineering services for the
Luther Pass Pump Station Standby Power Generator Facility project and to request an associated
increase to the not -to- exceed fee for District Purchase Order P21709.
In order for the District to perform major routine maintenance and /or repairs on the proposed 2,500 -kW
standby generator, it is desirable that the generator building be configured to permit removal of the
complete generator skid without requiring significant demolition and reconstruction of the building.
Removal of large generator units is conventionally accomplished by designing the building so that the
generator skid can be slid out through the radiator wall opening. For this project, the District has elected
to orient the building on the site such that the radiator opening faces the existing pump building. This site
layout decision by the District was based primarily on aesthetic and sound mitigation considerations;
however, the proposed site layout does not provide adequate clearance for removal of the generator. As
an alternative to removal of the generator through the radiator opening, the design team has proposed
the addition of a removable roof panel located directly over the generator. The purpose of the roof panel
would be to allow the District to lift the entire generator skid or portions of the skid assembly through the
roof with only minimal building reconstruction (re- shingling) required. This would result in reduced cost,
inconvenience, and downtime should removal of the generator ever be required.
Designing the removable roof panel will require unanticipated additional architectural and structural
design effort and would be considered Additional Services under the terms of our Consulting Services
Agreement. The attached letter from Alan G. Tolhurst Architects provides a detailed breakdown of the
estimated additional design effort and construction cost. The additional design fee for the removable roof
panel would be $6,854 ($5,960 x 1.15 markup). The additional construction cost has been estimated to
be approximately $9,000, which was already factored into the 50% cost opinion submittal. Some of the
design fee increase would be offset by an unrelated reduction in the cost for geotechnical services. Our
original fee for geotechnical services was $4,860. Because a field investigation was not required, the
actual fee for geotechnical services will only be $3,220 (a $1,640 savings). The net fee adjustment
requested is $5,214.
We are requesting your written authorization to proceed with design of the removable roof panel with an
amended not -to- exceed project budget of $240,224. We will await written authorization from the District
prior to proceeding with any design work related to the roof panel. In the interim, we will make every
effort to proceed with architectural and structural design elements that will not be impacted by the
District's decision to proceed with the roof panel so as to maintain the current 90% design submittal
schedule.
AECOM Water -31-
South Tahoe PUD
Please feel free to call me if you have any questions regarding this request.
Yours Sincerely,
Kevin Berryhill, PE
Assistant Managin Engineer
P /N: 60100891.0001
Page 2
-32-
AECOM Water 1 AECOM
Kevin Berryhill, PE
Assistant Managing Engineer
AECOM Water
1360 E. Spruce Ave. Suite 101
Fresno, CA 93720
Re: Luther Pass Pump Station Standby Power Facility -Roof panel contract revision
Dear Kevin,
The following is a request for a revision to our contract, based on a change of scope to include the
removable roof section which was not included in the original RFP or contract. The manpower
breakdown of our fee increase request is as follows:
Principal Structural Eng. Tech/Draft. Task
3 1 Programming, Conceptual Design.
5 2 Design Development
3 6 Structural Design
4 4 22 Structural Details, including Acc. Panel connections
15 13 22
Services will be provided at the prevailing hourly rates of $150.00/Principal Architect, $150.00
Structural Engineer and $80.00/Technical Drafting. Billing amounts will be in keeping with
progress of services. Architect and Engineer will provide services on an hourly basis. Estimated
increase in the design services fee is $5,960.00.
At our 501/o design review the question was raised as to the cost of the removable section. I did not
have the figures in front of me at the time, but suggested a ball -park figure of $20,000. It should be
noted that the 50% cost estimate included a rough number line item of $9,000 for the removable
section, and is already included in the 50% estimate. The $20,000 estimate was rounded higher for
the sake of discussion and did include the estimate for increased design services. At this point the
actual number is $14,960, but because this is a preliminary number for a one -of -a -kind design, I
prefer to keep the number as a rough estimate.
It should also be noted that with the current configuration of the intake acoustical panels, the trusses
will be interrupted by a girder truss anyway, and although the design effort will still be considerable,
the actual difference for the construction of the removable panel may not be that large.
Thank you for your consideration, and if you have any questions or need more information, please
feel free to call me.
Sincerely,
Alan G. Tolhurst, A.I.A.
-33-
4Y ." t 11 / • I v P 'i .A�
BOARD AGENDA ITEM 4h
TO: Board of Directors
FROM: No Bergsohn, Hydro - Geologist
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Harvey Place Reservoir (HPR) Bypass Pipeline
REQUESTED BOARD ACTION: Approve proposal from c2me Engineering (c2me) to
provide engineering services in general accordance with the DVR Pipeline Proposal
dated September 29, 2009, in the amount of $26,290.
DISCUSSION: District staff requested a proposal from c2me to provide consultant
services for development of engineering plans, specifications and estimate of probable
construction costs (PS &E) for the Harvey Place Reservoir (HPR) Bypass Pipeline
Project. This project will entail the installation of approximately 8,650 linear feet of
18 -inch pipeline from Highway 89 to near the west margin of proposed Field 1 in
Diamond Valley, Alpine County, CA. The pipeline is needed to convey reclaimed
wastewater from the District's C -line to the proposed Diamond Valley Irrigation Fields for
land application and temporary containment during emergency events.
District staff has developed preliminary 50% plans showing the preferred bypass pipeline
alignment. c2me will further develop the preliminary 50% plans into final engineering
plan, profile and detail sheets, and provide engineering information and traffic control
plans, as needed, to complete project - related encroachment and construction permit
applications. The final engineering plans will be used in the contract documents during
the bidding phase and construction. The District will be responsible for providing project -
related surveyor services and permit acquisition.
District staff believes that c2me has the experience and qualifications to complete this
work in a cost - effective and timely manner. By this proposal, engineering design may be
completed for about 5% of estimated construction costs. Therefore, staff recommends
approval of the DVR Pipeline Engineering Services Proposal dated September 29, 2009,
as submitted.
—35—
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BOARD AGENDA ITEM 4h
TO: Board of Directors
FROM: No Bergsohn, Hydro - Geologist
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Harvey Place Reservoir (HPR) Bypass Pipeline
REQUESTED BOARD ACTION: Approve proposal from c2me Engineering (c2me) to
provide engineering services in general accordance with the DVR Pipeline Proposal
dated September 29, 2009, in the amount of $26,290.
DISCUSSION: District staff requested a proposal from c2me to provide consultant
services for development of engineering plans, specifications and estimate of probable
construction costs (PS &E) for the Harvey Place Reservoir (HPR) Bypass Pipeline
Project. This project will entail the installation of approximately 8,650 linear feet of
18 -inch pipeline from Highway 89 to near the west margin of proposed Field 1 in
Diamond Valley, Alpine County, CA. The pipeline is needed to convey reclaimed
wastewater from the District's C -line to the proposed Diamond Valley Irrigation Fields for
land application and temporary containment during emergency events.
District staff has developed preliminary 50% plans showing the preferred bypass pipeline
alignment. c2me will further develop the preliminary 50% plans into final engineering
plan, profile and detail sheets, and provide engineering information and traffic control
plans, as needed, to complete project - related encroachment and construction permit
applications. The final engineering plans will be used in the contract documents during
the bidding phase and construction. The District will be responsible for providing project -
related surveyor services and permit acquisition.
District staff believes that c2me has the experience and qualifications to complete this
work in a cost - effective and timely manner. By this proposal, engineering design may be
completed for about 5% of estimated construction costs. Therefore, staff recommends
approval of the DVR Pipeline Engineering Services Proposal dated September 29, 2009,
as submitted.
—35—
No Bergsohn
October 15, 2009
Page 2
SCHEDULE: October 2009 - February 2010 (anticipated)
COSTS: $26,290
ACCOUNT No: 1029- 8097/MEIK08
BUDGETED AMOUNT REMAINING: $2,000,000
ATTACHMENTS: c2me Engineering DVR Pipeline Proposal dated September 29, 2009
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-36-
SCOPE OF SERVICES
HOUR AND FEE ESTIMATE
This Scope of Services is for development of Engineering Plans, Specifications, and Estimate of
Probable Construction Costs (PS &E) for installation of approximately 8,650 linear feet of 18 -inch
PVC plastic or Ductile Iron pipe for the BPR Bypass Pipeline Project. An initial meeting with
District Staff resulted in the following observations:
1) The general pipeline alignment has been determined based on an environmental
review and preliminary 50% plans have been prepared.
2) An aerial survey base map is available for use in the design.
3) Survey control will be incorporated in the design to facilitate future construction
staking and generation of easement descriptions for portions of the pipeline.
4) The work is anticipated to require permits from CalTrans (encroachment), Alpine
County (encroachment and grading), and the Lahontan Regional Board (construction
and stormwater).
Based on the above, the following work products and tasks are suggested.
SURVEY COORDINATION:
Survey control will be established at the site to facilitate transfer of data between ground points
and the existing aerial survey base map. This will assure problem free construction staking later
on. Easement description generation will also be required for a portion of the alignment in the
county roadway.
It may also be desirable to survey items such as utility crossings and other potential construction
obstacles not shown on the aerial survey. Preliminary staking of the alignment in the field would
allow transfer of the field alignment to the base map.
A survey work plan will be developed for the project in coordination with District staff and
refined based on input from the surveyor. Coordination with the surveyor will be provided
throughout the survey phase of the work.
50% PLAN SUBMITTAL:
Revised 1" --20' plan and profile sheets will be developed for the alignment as adjusted based on
field review with District staff. The preliminary alignment will be profiled and screened for
location of air release or combination air vacuum valves.
Construction and best management practices details will be developed using District standard
details as a base. A technical specification outline will be provided based on new District standard
technical specifications. Bid quantities will be tabulated for the 50% design and a preliminary
construction cost estimate will be provided.
DVR Pipeline Proposal Page of 2 9/29/2009
Plans will be produced in 22x34 format usi% District plan production standards. One full -size set
of Engineering Plans and Specifications will be provided in hardcopy along with a copy in
electronic (.doc, .pdf, and AutoCAD v2007 Awg) format.
90% PLAN SUBMITTAL:
Plan and profile and detail sheets will be advanced to bid -ready condition and support sheets
(cover, index, general notes) will be included for a complete plan set.
A traffic control plan sheet will be provided for the Diamond Valley Road crossing. Standard
BMP details will be provided with typical installation locations shown on the plans. It is assumed
that a Stormwater Pollution Prevention PIan, if required, will be the responsibility of the
contractor.
This submittal will consist of one full -size set of Engineering Plans and Specifications and an
updated Engineer's Cost Estimate provided in hardcopy along with a copy in electronic (.doc,
.pdf, and AutoCAD v2007 .dwg) format.
FINAL PLAN SUBMITTAL:
While the 90% plans are intended to be as complete as possible, any corrections, changes, or last
minute items will be added to the final plan set. This submittal will consist of one full -size set of
Engineering Plans and Specifications in hardcopy along with a copy in electronic (.doc, .pdf, and
AutoCAD v2007 .dwg) format.
PERMITTING ASSISTANCE:
Permitting assistance will include providing engineering information as needed to complete the
CalTrans and Alpine County Encroachment Permit applications and the Alpine County
Construction Permit application.
DVR Pipeline Proposal Page of 2 9/29/2009
Task
Survey Coordination:
Field Meeting
Coordination
10% Submittal
Preliminary Design
Prepare 50% Submittal
Submit 50% Package
STPUD Review
90% Submittal
Final Design
Prepare 90% Submittal
Submit 90% Package
STPUD Review
Final Submittal
Prepare Final Submittal
Submit Final Package
c2me Engineering
Week Ending
Start Finish 18-Oct 25-Oct 1 -Nov 8-Nov 15-Nov 22 -Nov 29-Nov 6 - Dec 13 20 27 - Dec 3 -Jan 10-Jan 17-Jan 24-Jan 31-Jan
26 -Oct 30 -Oct
26 -Oct
26 -Oct 13 -Nov
9 -Nov 22 -Nov
23 -Nov
23 -Nov 4 -Dec
7 -Dec 25 -Dec
21 -Dec 3 -Jan
4 -Jan
4 -Jan 15 -Jan
18 -Jan 22 -Jan
25 -Jan
STPUD DVR Pipeline Project
Design Schedule
9/29/2009
STPUD DVR Pipeline Engineering Cost Estimate
Engr Rate: 120 Ofc Rate: 50
Task Hours Dollars Hours Dollars
Survey Coordination
Develop Survey Work Plan 8 960 0
Site Meeting and Coordination 4 480 0
12 1,440 0 0
50% Submittal
Field Layout
Plan and Profile
Draft Details
Technical Specifications Outline
Construction Cost Estimate
90% Submittal
Plans
Details
Technical Specifications
Construction Cost Estimate
Final Submittal
Final Plan Package
Final Specifications Package
Permitting Assistance
LABOR TOTALS:
Expenses
Plan Reproduction
Specification Reproduction
EXPENSE TOTAL:
GRAND TOTAL:
Estimated Number of Plan Sheets:
Hours per Plan Sheet:
Dollars Per Plan Sheet:
Construction Cost Estimate:
Engineering Percentage of Construction:
12
1,440
0
40
4,800
16
800
12
1,440
8
400
8
960
6
300
6
720
2
100
78
9,360
32
1,600
16
1,920
12
600
8
960
6
300
16
1,920
6
300
4
480
2
100
44
5,280
26
1,300
4
480
2
100
4
480
2
100
8
960
4
200
20
2,400
12
600
20
2,400
12
600
162
19,440
74
3,700
Plan Repro. Rate
-40-
25
9.44
1,051.60
1,800,000
1.46%
2.00 Pg. R'Rt: 0.10
ShtslPcrs Dollars
1500 3,000
1500 150
3,150
26,290
06"Woi Woo
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,.tames R. J�xras UN M"Mo"
PuMic Utility Pietrict
M*ry
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BOARD AGENDA ITEM 41
TO: Board of Directors
FROM: Randy Curtis, Manager of Field Operations
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Diesel Particulate Filters
REQUESTED BOARD ACTION: (1) Reject low bid for non - responsiveness; and
(2) Award bid to the lowest responsive, responsible bidder A -Z Emissions Solutions, in
the amount of $73,255.56.
DISCUSSION: Bid proposal packets were sent out to nine (9) suppliers of diesel
particulate filters. Bids were opened at 3:30 p.m. on September 29, 2009.
The bids were to include materials and labor for the installation of six (6) filters on
District diesel vehicles. The apparent low bidder was non - responsive in bidding all six
units and only bid five.
A summary of all bids is attached.
SCHEDULE: As soon as possible
COSTS: $73,255.56
ACCOUNT NO: Various
BUDGETED AMOUNT REMAINING: Expenditures to be absorbed into each affected
department
ATTACHMENTS: Bid results
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer & Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-41-
5OUTH TAHOE
FU13LIC UTILITY P15MCT
BID RESULTS - Supply & Installation of Diesel Particulate Filter Systems
For 6 vehicles
BID #: 09 -10 -07 OPENING DATE: September 29, 2009
EST. FOR 6 TRKS
BID AMOUNT (for comparison only)
EMISSIONS RETROFIT GROUP $ 66,285.43 $ 78,225.17
ECS units SCP 13 or 17
Includes 5 year parts & labor warranty
Estimated Completion 7 -10 weeks, Net 30
Exception: Unable to provide a CARB certified unit for Truck #36 (Sterling Vacuum)
A -Z EMISSIONS SOLUTIONS $ 73,255.56
Donaldson SEF, Cleaire, Horizon DE -05- 010 -03
Estimated Completion 8 weeks, Net 30
IRONMAN PARTS & SERVICE 88,560.00
Cleaire, Horizon DE -05- 010 -03
Includes 5 year parts & labor warranty
Estimated Completion 11/21/09- 12/11/09, Net 30
VALLEY POWER NORTH 80,573.70 96,688.44
Engine Control Systems LTD
Estimated Completion 12/11/09, Net 30
Exception: Unable to provide a CARB certified unit for Truck #36 (Sterling Vacuum)
CUMMINS WEST INC 97,804.88
Cleaire, Horizon Level 3
Estimated Completion 12/31/09, Terms not indicated
SMITH POWER PRODUCTS INC 99,635.60
Engine Control Systems SC -13 or SC -17
& Huss on -board active filter for truck #36
Estimated Completion not indicated (Required by 12/31/09)
SILVER STATE INTERNATIONAL 103,179.78 122,559.66
Engine Control Systems PuriFilter Plus
Estimated Completion 12/31/09, Net 30
Exceptions: Unable to provide a CARB certified unit for Truck #36 (Sterling Vacuum)
Installation to be performed in SR�rks (District site was spec'd)
ir' N • i `�.r
r • .r ' ; } s !1 it � gi r r ,
BOARD AGENDA ITEM 4j
TO: Board of Directors
FROM: Randy Curtis, Manager of Field Operations
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Pump Run Service Truck
REQUESTED BOARD ACTION: Authorize staff to advertise for bids for one 4x4 Y2 ton
pickup truck.
DISCUSSION: This request is to replace Truck 59, a 2000 Chevy 2500 with 98,000+
miles. This vehicle was being used by the pump run crew. The engine in this truck has
seized. This truck was scheduled for replacement in the 2010/11 budget year.
Funds in the current year budget for a generator replacement will be utilized for the
truck replacement. Staff will try to budget funds for the generator replacement in fiscal
year 2010/11.
SCHEDULE: As soon as possible
COSTS: $25,000
ACCOUNT NO: 1005 -8035
BUDGETED AMOUNT REMAINING: $50,000
ATTACHMENTS: Bid Specifications
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-45-
Ganaml M*UIW
KlcharA H. Sol"
5outh .#11KIa6
R..10f1a6
PuHic P letrict
L tlM� MD 1"
Utility
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BOARD AGENDA ITEM 4j
TO: Board of Directors
FROM: Randy Curtis, Manager of Field Operations
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Pump Run Service Truck
REQUESTED BOARD ACTION: Authorize staff to advertise for bids for one 4x4 Y2 ton
pickup truck.
DISCUSSION: This request is to replace Truck 59, a 2000 Chevy 2500 with 98,000+
miles. This vehicle was being used by the pump run crew. The engine in this truck has
seized. This truck was scheduled for replacement in the 2010/11 budget year.
Funds in the current year budget for a generator replacement will be utilized for the
truck replacement. Staff will try to budget funds for the generator replacement in fiscal
year 2010/11.
SCHEDULE: As soon as possible
COSTS: $25,000
ACCOUNT NO: 1005 -8035
BUDGETED AMOUNT REMAINING: $50,000
ATTACHMENTS: Bid Specifications
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-45-
MINIMUM SPECIFICATIONS
Y2 TON 2 DOOR PICK -UP
Truck 59 — Pump Crew
1. %2 Ton Regular Cab, 2 Door Pick -Up
2. New vehicle, model year 2009
3. 4 -wheel drive with automatic locking hubs
4. V -8 engine - gas
5. Y2 -ton payload, minimum
6. Limited slip differential
7. Automatic 4 -speed transmission with overdrive
8. Standard equipped brakes
9. Rear bumper
10. AM /FM radio
11. Standard front seating (cloth preferred, vinyl OK)
12. Air Conditioning
13. Sliding rear window
14. Standard size bed (approximately 6 % ft)
15. Emissions approved by the State of California
16. Single tone white exterior
17. Manufacturer's standard all season or all terrain tires with full size spare tire
18. Driving lights and turn signals shall be approved by the State of California
19. The engine shall be fully prepared and set -up to operate smoothly and efficiently at an
altitude of 6300 feet above sea level.
-47-
Richard H. Sol"
15o u dal
.lm�ali R ,k+ras
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Fu HIG Utility Pletrict
GrEr� �
BOARD AGENDA ITEM 4k
TO: Board of Directors
FROM: Paul Hughes, Chief Financial Officer
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Proposition 1A Securitization Program
REQUESTED BOARD ACTION: (1) Adopt Resolution No. 2875 -09 approving the form
of and authorizing the execution and delivery of a purchase and sale agreement and
related documents with respect to the sale of the seller's Proposition 1A receivable from
the State; and (2) Directing and authorizing certain other actions in connection
therewith.
DISCUSSION: The suspension of Proposition 1A was passed by the Legislature and
signed by the Governor as part of the 2009 -10 budget on July 28, 2009. Under the
provision, the State will borrow 8% of the amount of property tax revenue apportioned to
cities, counties, and special districts. The State is required to repay the property tax plus
interest by June 30, 2013. The impact to the District is approximately $513,000.
The legislature is currently reviewing a clean -up bill, SB 67, which would provide for a
few critical changes to the enacted legislation, including but not limited to providing for:
financing to occur in November; county auditor certification of amount of Prop 1 A
receivable; tax - exempt structure; California Communities as the only issuer; more
flexibility on bond structure (interest payments, state payment date, and redemption
features); sales among local agencies; and revision to the hardship mechanism. While
SB 67 has not yet been passed and signed into law, California Communities expects
that to occur prior to funding the Program. If for any reason SB 67 is not enacted and
the bonds cannot be sold by December 31, 2009, all approved documents placed in
escrow with Transaction Counsel will be of no force and effect and will be destroyed.
-49-
Paul Hughes
October 15, 2009
Page 2
Under the Securitization Program, California Communities will simultaneously purchase
the Proposition 1A Receivables, issue bonds ( "Prop 1A Bonds ") and provide each local
agency with the cash proceeds in two equal installments, on January 15, 2010, and May
3, 2010 (to coincide with the dates that the State will be shifting property tax from local
agencies). The purchase price paid to the local agencies will equal 100% of the amount
of the property tax reduction. All transaction costs of issuance and interest will be paid
by the State of California. Participating local agencies will have no obligation on the
bonds and no credit exposure to the State.
SCHEDULE: All documents must be executed and returned by November 6, 2009.
COSTS: NA
ACCOUNT NO: NA
BUDGETED AMOUNT REMAINING: NA
ATTACHMENTS: Resolution No. 2875 -09; Purchase and Sale Agreement
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-50-
RESOLUTION NO. 2875 -09
OF THE
A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT
AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE
SELLER'S PROPOSITION IA RECEIVABLE FROM THE STATE; AND
DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH
WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and
Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the
"Act "), certain local agencies within the State of California (the "State ") are entitled to receive
certain payments to be made by the State on or before June 30, 2013, as reimbursement for
reductions in the percentage of the total amount of ad valorem property tax revenues allocated to
such local agencies during the State's 2009 -10 fiscal year (the "Reimbursement Payments "),
which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California
Revenue and Taxation Code;
WHEREAS, the M, a local agency within the meaning
of Section 6585(f) of the California Government Code (the "Seller"), is entitled to and has
determined to sell all right, title and interest of the Seller in and to its "Proposition IA
receivable ", as defined in Section 6585(g) of the California Government Code (the "Proposition
IA Receivable "), namely, the right to payment of moneys due or to become due to the Seller
pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section
100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public
capital improvements or working capital;
WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the
interests of its residents require;
WHEREAS, the California Statewide Communities Development Authority, a joint
exercise of powers authority organized and existing under the laws of the State (the
"Purchaser "), has been authorized pursuant to Section 6588(x) of the California Government
Code to purchase the Proposition IA Receivable;
WHEREAS, the Purchaser desires to purchase the Proposition IA Receivable and the
Seller desires to sell the Proposition I Receivable pursuant to a purchase and sale agreement by
and between the Seller and the Purchaser in the form presented to this Board of Directors (the
"Sale Agreement ") for the purposes set forth herein;
WHEREAS, in order to finance the purchase price of the Proposition I Receivable from
the Seller and the purchase price of other Proposition IA Receivables from other local agencies,
the Purchaser will issue its bonds (the "Bonds ") pursuant to Section 6590 of the California
Government Code and an Indenture (the "Indenture "), by and between the Purchaser and Wells
Fargo Bank, National Association, as trustee (the "Trustee "), which Bonds will be payable solely
-51-
from the proceeds of the Seller's Proposition IA Receivable and other Proposition lA
Receivables sold to the Purchaser by local agencies in connection with the issuance of the
Bonds;
WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition IA
Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale
a and transfer of the ro er so transferred and not as a pledge or grant of a security interest by
wim to secure a borrowing, (ii) any such sale of its Proposition I
Receivable to the Purchaser shall automatically be perfected without the need for physical
delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with
Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California
Civil Code, inclusive, shall not apply to the sale of its Proposition IA Receivable, and (iv) after
such transfer, the Seller shall have no right, title, or interest in or to the Proposition IA
Receivable sold to the Purchaser and the Proposition IA Receivable will thereafter be owned,
received, held and disbursed only by the Purchaser or a trustee or agent appointed by the
Purchaser,
WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in
the Proposition IA Receivable to the Trustee and any credit enhancer to secure payment of the
Bonds;
WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to,
among other things, pay the purchase price of the Proposition I Receivable;
WHEREAS, the Seller will use the proceeds received from the sale of the Proposition I
Receivable for any lawful purpose as permitted under the applicable laws of the State;
NOW THEREFORE, the of the
hereby resolves as follows:
Section 1. All of the recitals set forth above are true and correct, and this
�® hereby so finds and determines.
Section 2. The Seller hereby authorizes the sale of the Proposition I Receivable
to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the
Sale Agreement) by the Coun auditor pursuant to the Act. The form of Sale Agreement
presented to the is hereby approved. An Authorized Officer (as set forth in
Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is
hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller,
which shall be in the form presented at this meeting.
Section 3. Any Authorized Officer is hereby authorized and directed to send, or
to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable
Written Instruction ") notifying the State of the sale of the Proposition IA Receivable and
instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the
Proposition IA Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written
Instruction shall be in the form presented at this meeting.
Fa
-52-
Section 4. The Authorized Officers and such other Seller officers, as appropriate,
are hereby authorized and directed, jointly and severally, to do any and all things and to execute
and deliver any and all documents, including but not limited to, if required, appropriate escrow
instructions relating to the delivery into escrow of executed documents prior to the closing of the
Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any
of them may deem necessary or desirable in order to implement the Sale Agreement and
otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and
all such actions heretofore taken by such officers are hereby ratified, confirmed and approved.
Section 5. All consents, approvals, notices, orders, requests and other actions
permitted or required by any of the documents authorized by this Resolution, whether before or
after the sale of the Proposition IA Receivable or the issuance of the Bonds, including without
limitation any of the foregoing that may be necessary or desirable in connection with any default
under or amendment of such documents, may be given or taken by an Authorized Officer
without further authorization by this ® & and each Authorized Officer is hereby
authorized and directed to give any such consent, approval, notice, order or request, to execute
any necessary or appropriate documents or amendments, and to take any such action that such
Authorized Officer may deem necessary or desirable to further the purposes of this Resolution.
Section b. The Board of Directors acknowledges that, upon execution and
delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition IA
Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any
option to revoke its approval of the Sale Agreement or to determine not to perform its obligations
thereunder.
3
-53-
approval.
Section 7. This Resolution shall take effect from and after its adoption and
PASSED AND ADOPTED by the of the
®� State of California, this day of 2009, by the
following vote:
AYES:
NOES:
ABSENT:
Attest:
Approved as to form :
SELLER'S COUNSEL
Dated:
4
-54-
APPENDIX A
Authorized Officers:
,
any designee of any of them, as appointed in a written certificate of
such Authorized Officer delivered to the Trustee.
-55-
as Seller
and
CALIFORNIA,
CALIFORNIA STATEWIDE COMITIES
DEVELOPMENT AUTHORITY,
as Purchaser
PURCHASE AND SALE AGREEMENT
Dated as of November 1, 2009
E -1
-56-
TABLE OF CONTENTS
Page
1.
DEFINITIONS AND INTERPRETATION ....................................... ............................... 2
2.
AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT ................ 2
3.
PURCHASE PRICE, CONVEYANCE OF PROPOSITION IA RECEIVABLE
AND PAYMENT OF PURCHASE PRICE ....................................... ............................... 3
4.
REPRESENTATIONS AND WARRANTIES OF THE PURCHASER .......................... 4
5.
REPRESENTATIONS AND WARRANTIES OF THE SELLER .... ............................... 5
6.
COVENANTS OF THE SELLER ...................................................... ...............................
7
7.
THE PURCHASER'S ACKNOWLEDGMENT ................................ ...............................
9
8 .
NOTICES OF BREACH .................................................................... ...............................
9
9.
LIABILITY OF SELLER; INDEMNIFICATION .............................. ..............................9
10.
LIMITATION ON LIABILITY ....................................................... ...............................
10
11.
THE SELLER'S ACKNOWLEDGMENT ....................................... ...............................
10
12 .
NOTICES ............................................................................................ .............................10
13 .
AMENDMENTS .............................................................................. ...............................
10
14.
SUCCESSORS AND ASSIGNS ...................................................... ...............................
10
15.
THIRD PARTY RIGHTS ................................................................. ............................... 11
16.
PARTIAL INVALIDITY ................................................................... .............................11
17 .
COUNTERPARTS ........................................................................... ...............................
11
18 .
ENTIRE AGREEMENT ..................................................................... .............................11
19 .
GOVERNING LAW ........................................................................... .............................12
EXHIBIT A — DEFINITIONS .................................................................... ...............................
A -1
EXHIBIT B — OPINION OF SELLER'S COUNSEL ............................ ...............................
B1 -1
EXHIBIT B2 — BRINGDOWN OPINION OF SELLER'S COUNSEL .. ...............................
132 -1
EXHIBIT C1— CLERK'S CERTIFICATE .............................................. ...............................
C1 -1
EXHIBIT
C2 — SELLER CERTIFICATE ................................................ ...............................
C2 -1
EXHIBIT C3 — BILL OF SALE AND BRINGDOWN CERTIFICATE . ...............................
C3 -1
EXHIBIT D — IRREVOCABLE INSTRUCTIONS TO CONTROLLER . ...............................
D -1
EXHIBIT E — ESCROW INSTRUCTION LETTER ................................. ...............................
E -1
1
-57-
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT, dated as of November 1, 2009
(this " Agreement "), is entered into by and between:
(1) , a local agency of the
State of California within the meaning of Section 6585(f) of the California Government Code
(the " Seller "); and
(2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the
State of California (the "Purchase ').
RECITALS
A. Pursuant to Section 25.5 of Article XIII of the California Constitution and
Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning
of Section 6585(f) of the California Government Code are entitled to receive certain payments to
be made by the State of California (the "State ") on or before June 30, 2013, as reimbursement for
reductions in the percentage of the total amount of ad valorem property tax revenues allocated to
such local agencies during the State's 2009 -10 fiscal year, which reductions have been
authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code.
B. The Seller is the owner of the Proposition IA Receivable (as defined
below) and is entitled to and has determined to sell all right, title and interest in and to the
Proposition IA receivable, namely, the right to payment of moneys due or to become due to the
Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and
Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund
any lawful purpose as permitted under the applicable laws of the State.
C. The Seller is authorized to sell or otherwise dispose of its property as the
interests of its residents require.
D. The Purchaser, a joint exercise of powers authority organized and existing
under the laws of the State, has been authorized pursuant to Section 6588(x) of the California
Government Code to purchase the Proposition IA Receivable.
E. The Seller is willing to sell, and the Purchaser is willing to purchase, the
Proposition IA Receivable upon the terms specified in this Agreement.
F. Pursuant to its Proposition IA Receivable Financing Program (the
"Program "), the Purchaser will issue its bonds (the "Bonds ") pursuant to an Indenture (the
"Indenture "), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the
"Trustee "), and will use a portion of the proceeds thereof to purchase the Proposition IA
Receivable from the Seller.
G. The Purchaser will grant a security interest in such Proposition IA
Receivable to the Trustee and each Credit Enhancer to secure the Bonds.
-58-
AGREEMENT
NOW, THEREFORE, in consideration of the above Recitals and the mutual
covenants herein contained, the parties hereto hereby agree as follows:
1. Definitions and Interpretation
(a) For all purposes of this Agreement, except as otherwise expressly provided
herein or unless the context otherwise requires, capitalized terms not otherwise defined herein
shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is
incorporated by reference herein.
(b) The words "hereof," "herein," "hereunder" and words of similar import when
used in this Agreement shall refer to this Agreement as a whole and not to any particular
provision of this Agreement; section and exhibits references contained in this Agreement are
references to sections and exhibits in or to this Agreement unless otherwise specified; and the
term "including" shall mean "including without limitation."
(c) Any agreement, instrument or statute defined or referred to herein or in any
instrument or certificate delivered in connection herewith means such agreement, instrument or
statute as from time to time may be amended, modified or supplemented and includes (in the
case of agreements or instruments) references to all attachments and exhibits thereto and
instruments incorporated therein; and any references to a Person are also to its permitted
successors and assigns.
2. Agreement to Sell and Purchase, Conditions Precedent
(a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing
Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to
the "Proposition IA receivable" as defined in Section 6585(g) of the California Government
Code (the " Proposition IA Receivable "), namely, the right to payment of moneys due or to
become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California
Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase
Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without
interest (each, an "Installment Payment" and, collectively, the "Installment Payments "), on
January 15, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment
Dates "). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire
instructions provided by the Seller to the Trustee by e-mail to john.deleray @welisfargo.com or
by facsimile to 213 -614 -3355, Attention: John Deleray. If wire instructions are not provided to
the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to
the Seller's Principal Place of Business.
(b) The performance by the Purchaser of its obligations hereunder shall be
conditioned upon:
(i) Transaction Counsel receiving on or before the date the Bonds are sold
(the " Pricin Date "), to be held in escrow until the Closing Date and then
delivered to the Purchaser on the Closing Date, the following documents
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duly executed by the Seller or its counsel, as applicable: (1) an opinion of
counsel to the Seller dated the Pricing Date in substantially the form
attached hereto as Exhibit B 1 , (2) certificates dated the Pricing Date in
substantially the forms attached hereto as Exhibit Cl and Exhibit C2 ,
(3) irrevocable instructions to the Controller dated as of the Closing Date
in substantially the form attached hereto as Exhibit D , 4 this A Bement
(5) a certified copy of the resolution of the Seller's
approving this Agreement, the transactions contemplated hereby and the
documents attached hereto as exhibits, and (6) an escrow instruction letter
in substantially the form attached hereto as Exhibit E ;
(ii) Transaction Counsel receiving on or before the Pricing Date, (1) a
bringdown opinion of counsel to the Seller dated as of the Closing Date in
substantially the form attached hereto as Exhibit B2 , and (2) a bill of sale
and bringdown certificate of the Seller (the " Bill of Sale ") in substantially
the form attached hereto as Exhibit C3; roP vided that the Purchaser may
waive, in its sole discretion, the requirements of Section 2(b)(ii)(1);
(iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay
the Purchase Price; and
(iv) the receipt by the Purchaser of a certification of the County Auditor
confirming the Initial Amount of the Proposition IA Receivable pursuant
to the Act.
(c) The performance by the Seller of its obligations hereunder shall be
conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this
Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller
on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of
the Purchaser or any other party shall excuse the Seller from performing its obligations
hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title
to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make
Installment Payments in the requisite amounts on the Payment Dates.
3. Purchase Price, Conveyance of Proposition IA Receivable and Payment of
Purchase Price
(a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the
Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates.
(b) In consideration of the Purchaser's agreement to pay and deliver to the Seller
the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain,
sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral
security, without recourse except as expressly provided herein, and the Purchaser agrees to
purchase, accept and receive, the Proposition I A Receivable, and (ii) assign to the Purchaser, to
the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause
the enforcement of payment of the Proposition lA Receivable pursuant to the Act and other
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applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and
delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the
California Government Code, shall be treated as an absolute sale and transfer of the Proposition
IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This
is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code.
4. Representations and Warranties of the Purchaser The Purchaser represents
and warrants to the Seller, as of the date hereof, as follows:
(a) The Purchaser is duly organized, validly existing and in good standing under
the laws of the State of California.
(b) The Purchaser has full power and authority to enter into this Agreement and to
perform its obligations hereunder and has duly authorized such purchase and assignment of the
Proposition IA Receivable by the Purchaser by all necessary action.
(c) Neither the execution and delivery by the Purchaser of this Agreement, nor
the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a
breach or default under any of its organizational documents, any law, rule, regulation, judgment,
order or decree to which it is subject or any agreement or instrument to which it is a party.
(d) To the best of the knowledge of the Purchaser, no action, suit, proceeding,
inquiry or investigation, at law or in equity, before or by any court, public board or body, is
pending or threatened in any way against the Purchaser affecting the existence of the Purchaser
or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of
the Proposition IA Receivable or to direct the application of the proceeds of the purchase
thereof, or in any way contesting or affecting the validity or enforceability of any of the
Transaction Documents or any other applicable agreements or any action of the Purchaser
contemplated by any of said documents, or in any way contesting the powers of the Purchaser or
its authority with respect to the Transaction Documents to which it is a party or any other
applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction
Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the
Proposition IA Receivable or which if determined adversely to the Purchaser would have an
adverse effect upon the Purchaser's ability to purchase the Proposition lA Receivable, nor to the
knowledge of the Purchaser is there any basis therefor.
(e) This Agreement, and its execution, delivery and performance hereof have
been duly authorized by it, and this Agreement has been duly executed and delivered by it and
constitutes its valid and binding obligation enforceable against it in accordance with the terms
hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent
conveyance and other similar laws relating to or affecting creditors' rights generally or the
application of equitable principles in any proceeding, whether at law or in equity.
(f) The Purchaser is a separate legal entity, acting solely through its authorized
representatives, from the Seller, maintaining separate records, books of account, assets, bank
accounts and funds, which are not and have not been commingled with those of the Seller.
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(g) All approvals, consents, authorizations, elections and orders of or filings or
registrations with any governmental authority, board, agency or commission having jurisdiction
which would constitute a condition precedent to, or the absence of which would adversely affect,
the purchase by the Purchaser of the Proposition IA Receivable or the performance by the
Purchaser of its obligations under the Transaction Documents to which it is a party and any other
applicable agreements, have been obtained and are in full force and effect.
(h) Insofar as it would materially adversely affect the Purchaser's ability to enter
into, carry out and perform its obligations under any or all of the Transaction Documents to
which it is a party, or consummate the transactions contemplated by the same, the Purchaser is
not in breach of or default under any applicable constitutional provision, law or administrative
regulation of the State of California or the United States or any applicable judgment or decree or
any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it
is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the
knowledge of the Purchaser, no event has occurred and is continuing which with the passage of
time or the giving of notice, or both, would constitute a default or an event of default under any
such instrument, and the execution and delivery by the Purchaser of the Transaction Documents
to which it is a party, and compliance by the Purchaser with the provisions thereof, under the
circumstances contemplated thereby, do not and will not conflict with or constitute on the part of
the Purchaser a breach of or default under any agreement or other instrument to which the
Purchaser is a party or by which it is bound or any existing law, regulation, court order or
consent decree to which the Purchaser is subject.
5. Representations and Warranties of the Seller The Seller hereby represents
and warrants to the Purchaser, as of the date hereof, as follows:
(a) The Seller is a local agency within the meaning of Section 6585(f) of the
California Government Code, with full power and authority to execute and deliver this
Agreement and to carry out its terms.
(b) The Seller has full power, authority and legal right to sell and assign the
Proposition IA Receivable to the Purchaser and has duly authorized such sale and assignment to
the Purchaser by all necessary action; and the execution, delivery and performance by the Seller
of this Agreement has been duly authorized by the Seller by all necessary action.
(c) This Agreement has been, and as of the Closing Date the Bill of Sale will have
been, duly executed and delivered by the Seller and, assuming the due authorization, execution
and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale
constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its
terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent
conveyance and other similar laws relating to or affecting creditors' rights generally or the
application of equitable principles in any proceeding, whether at law or in equity.
(d) All approvals, consents, authorizations, elections and orders of or filings or
registrations with any governmental authority, board, agency or commission having jurisdiction
which would constitute a condition precedent to, or the absence of which would adversely affect,
the sale by the Seller of the Proposition IA Receivable or the performance by the Seller of its
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obligations under the Resolution and the Transaction Documents to which it is a party and any
other applicable agreements, have been obtained and are in full force and effect.
(e) Insofar as it would materially adversely affect the Seller's ability to enter into,
carry out and perform its obligations under any or all of the Transaction Documents to which it is
a party, or consummate the transactions contemplated by the same, the Seller is not in breach of
or default under any applicable constitutional provision, law or administrative regulation of the
State of California or the United States or any applicable judgment or decree or any loan
agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party
or to which it or any of its property or assets is otherwise subject, and, to the best of the
knowledge of the Seller, no event has occurred and is continuing which with the passage of time
or the giving of notice, or both, would constitute a default or an event of default under any such
instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the
Transaction Documents to which it is a party, and compliance by the Seller with the provisions
thereof, under the circumstances contemplated thereby, do not and will not conflict with or
constitute on the part of the Seller a breach of or default under any agreement or other instrument
to which the Seller is a party or by which it is bound or any existing law, regulation, court order
or consent decree to which the Seller is subject.
(f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry
or investigation, at law or in equity, before or by any court, public board or body, is pending or
threatened in an way against the Seller affecting the existence of the Seller or the titles of its
members or officers to their respective offices, or seeking to restrain or to
enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of
the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the
Transaction Documents or any other applicable agreements or any action of the Seller
contemplated by any of said documents, or in any way contesting the powers of the Seller or its
authority with respect to the Resolution or the Transaction Documents to which it is a party or
any other applicable agreement, or any action on the part of the Seller contemplated by the
Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the
Proposition IA Receivable or which if determined adversely to the Seller would have an adverse
effect upon the Seller's ability to sell the Proposition IA Receivable, nor to the knowledge of the
Seller is there any basis therefor.
(g) Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller
was the sole owner of the Proposition IA Receivable, and has such right, title and interest to the
Proposition lA Receivable as provided in the Act. From and after the conveyance of the
Proposition IA Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have
no right, title or interest in or to the Proposition IA Receivable. Except as provided in this
Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any
right, title or interest of any kind whatsoever in all or any portion of the Proposition IA
Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the
creation of, any lien, pledge, security interest or any other encumbrance (a "Lien ") thereon.
Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller held title to the
Proposition IA Receivable free and clear of any Liens. As of the Closing Date, this Agreement,
together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the
Seller's right, title and interest in and to the Proposition IA Receivable.
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(h) The Seller acts solely through its authorized officers or agents.
Purchaser.
(i) The Seller maintains records and books of account separate from those of the
0) The Seller maintains its respective assets separately from the assets of the
Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and
assets, and records relating thereto, have not been and are not commingled with those of the
Purchaser.
k The Seller's rinci al lace of business and chief executive office is located at
e�■ ®., �e, ®®.
(1) The aggregate amount of the Installment Payments is reasonably equivalent
value for the Proposition IA Receivable. The Seller acknowledges that the amount payable to or
on behalf of the Purchaser by the State with respect to the Proposition IA Receivable will be in
excess of the Purchase Price and the Initial Amount of the Proposition IA Receivable and
confirms that it has no claim to any such excess amount whatsoever.
(m) The Seller does not act as an agent of the Purchaser in any capacity, but
instead presents itself to the public as an entity separate from the Purchaser.
(n) The Seller has not guaranteed and shall not guarantee the obligations of the
Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as
being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller
accept any credit or financing from any Person who is relying upon the availability of the assets
of the Purchaser in extending such credit or financing. The Seller has not purchased and shall
not purchase any of the Bonds or any interest therein.
(o) All transactions between or among the Seller, on the one hand, and the
Purchaser on the other hand (including, without limitation, transactions governed by contracts for
services and facilities, such as payroll, purchasing, accounting, legal and personnel services and
office space), whether existing on the date hereof or entered into after the date hereof, shall be on
terms and conditions (including, without limitation, terms relating to amounts to be paid
thereunder) which are believed by each such party thereto to be both fair and reasonable and
comparable to those available on an arms -length basis from Persons who are not affiliates.
(p) The Seller has not, under the provisions of Section 100.06(b) of the California
Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested,
made arrangements for, or completed a reallocation or exchange with any other local agency, of
the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant
to Section 100.06(a) of the California Revenue and Taxation Code.
6. Covenants of the Seller
(a) The Seller shall not take any action or omit to take any action which adversely
affects the interests of the Purchaser in the Proposition IA Receivable and in the proceeds
thereof. The Seller shall not take any action or omit to take any action that shall adversely affect
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the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the
Proposition IA Receivable.
(b) The Seller shall not take any action or omit to take any action that would
impair the validity or effectiveness of the Act, nor, without the prior written consent of the
Purchaser or its assignees, agree to any amendment, modification, termination, waiver or
surrender of, the terms of the Act, or waive timely performance or observance under the Act.
Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek
enforcement thereof by others, or to prevent others from modifying, terminating, discharging or
impairing the validity or effectiveness of the Act.
(c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and
deliver such further instruments and do such further acts (including being named as a plaintiff in
an appropriate proceeding) as may be reasonably necessary or proper to carry out more
effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all
actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition
1 A Receivable.
(d) On or before the Closing Date, the Seller shall send (or cause to be sent) an
irrevocable instruction to the Controller pursuant to Section 6588.6(c) of California Government
Code to cause the Controller to disburse all payments of the Proposition IA Receivable to the
Trustee, together with notice of the sale of the Proposition IA Receivable to the Purchaser and
the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and
instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to
revoke or which would have the effect of revoking, in whole or in part, such instructions to the
_Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and
waived any control over the Proposition IA Receivable, any authority to collect the Proposition
IA Receivable, and any power to revoke or amend the instructions to the Controller
contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller
shall not rescind, amend or modify the instruction described in the first sentence of this
paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to
the Controller if the Purchaser or its assignee transfers the Proposition IA Receivable. In the
event that the Seller receives any proceeds of the Proposition IA Receivable, the Seller shall
hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer,
as assignees of the Purchaser, and shall promptly remit the same to the Trustee.
(e) The Seller hereby covenants and agrees that it will not at any time institute
against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization,
arrangement, insolvency, liquidation, or similar proceeding under any United States or state
bankruptcy or similar law.
(f) The financial statements and books and records of the Seller prepared after the
Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of
the Proposition IA Receivable.
(g) The Seller shall treat the sale of the Proposition IA Receivable as a sale for
regulatory and accounting purposes.
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(h) From and after the date of this Agreement, the Seller shall not sell, transfer,
assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or
any portion of the Proposition IA Receivable, nor shall the Seller create, or to the knowledge of
the Seller permit the creation of, any Lien thereon.
7. The Purchaser's Acknowledgment The Purchaser acknowledges that the
Proposition IA Receivable is not a debt or liability of the Seller, and that the Proposition IA
Receivable is payable solely by the State from the funds of the State provided therefor.
Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is
pledged to the payment of the Proposition IA Receivable. No representation is made by the
Seller concerning the obligation or ability of the State to make any payment of the Proposition
IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5
of Article XIII of the California Constitution, nor is any representation made with respect to the
ability of the State to enact any change in the law applicable to the Transaction Documents
(including without limitation Section 100.06 of the Revenue and Taxation Code or Section
6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation
with respect to any offering document or disclosure related to the Bonds.
8. Notices of Breach
(a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has
breached any of its covenants or that any of the representations or warranties of the Seller or the
Purchaser are materially false or misleading, in a manner that materially and adversely affects
the value of the Proposition IA Receivable or the Purchase Price thereof, the discovering party
shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the
Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer
and the Rating Agencies.
(b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the
Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the
Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery
by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any
covenant or any materially false or misleading representation or warranty contained herein.
9. Liability of Seller: Indemnification The Seller shall be liable in accordance
herewith only to the extent of the obligations specifically undertaken by the Seller under this
Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and
each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors,
employees and agents from and against any and all costs, expenses, losses, claims, damages and
liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or
was imposed upon any such Person by the Seller's breach of any of its covenants contained
herein or any materially false or misleading representation or warranty of the Seller contained
herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the
payment of the principal of or interest on the Bonds issued by the Purchaser.
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10. Limitation on Liability
(a) The Seller and any officer or employee or agent of the Seller may rely in good
faith on the advice of counsel or on any document of any kind, prima facie properly executed and
submitted by any Person respecting any matters arising hereunder. The Seller shall not be under
any obligation to appear in, prosecute or defend any legal action regarding the Act that is
unrelated to its specific obligations under this Agreement.
(b) No officer or employee of the Seller shall have any liability for the
representations, warranties, covenants, agreements or other obligations of the Seller hereunder or
in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which
recourse shall be had solely to the assets of the Seller.
11. The Seller's Acknowledgment The Seller hereby agrees and acknowledges
that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights
hereunder and (b) the Proposition IA Receivable, to the Trustee and each Credit Enhancer
pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the
holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each
of the foregoing representations, warranties and covenants, and further agrees that such Persons
are entitled so to rely thereon. Each of the above representations, warranties and covenants shall
survive any assignment and grant of a security interest in all or a portion of this Agreement or the
Proposition IA Receivable to the Trustee and each Credit Enhancer and shall continue in full
force and effect, notwithstanding any subsequent termination of this Agreement and the other
Transaction Documents. The above representations, warranties and covenants shall inure to the
benefit of the Trustee and each Credit Enhancer.
12. Notices All demands upon or, notices and communications to, the Seller, the
Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing,
personally delivered or mailed by certified mail, return receipt requested, to such party at the
appropriate notice address, and shall be deemed to have been duly given upon receipt.
13. Amendments This Agreement may be amended by the Seller and the
Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a
Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the
purpose of adding any provisions to or changing in any manner or eliminating any of the
provisions of this Agreement.
Promptly after the execution of any such amendment, the Purchaser shall furnish
written notification of the substance of such amendment to the Trustee and to the Rating
Agencies.
14. Successors and Assi ns . This Agreement shall be binding upon and inure to
the benefit of the Seller, the Purchaser and their respective successors and permitted assigns.
The Seller may not assign or transfer any of its rights or obligations under this Agreement
without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may
not assign or transfer any of its rights or obligations under this Agreement without the prior
written consent of the Seller.
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15. Third Party Rim The Trustee and each Credit Enhancer are express and
intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied
from this Agreement is intended to give, or shall be construed to give, any Person, other than the
parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns
hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this
Agreement or under or by virtue of any provision herein.
16. Partial Invalidity If at any time any provision of this Agreement is or
becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither
the legality, validity or enforceability of the remaining provisions of this Agreement nor the
legality, validity or enforceability of such provision under the law of any other jurisdiction shall
in any way be affected or impaired thereby.
17. Counterparts This Agreement may be executed in any number of identical
counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a
complete, executed original for all purposes.
18. Entire Agreement This Agreement sets forth the entire understanding and
agreement of the parties with respect to the subject matter hereof and supersedes any and all oral
or written agreements or understandings between the parties as to the subject matter hereof.
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19. Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, the Seller and the Purchaser have caused this
Agreement to be duly executed as of the date first written above.
as Seller
Authorized Officer
CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY, as Purchaser
12
Authorized Signatory
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EXHIBIT A
DEFINITIONS
For all purposes of this Agreement, except as otherwise expressly provided herein
or unless the context otherwise requires, capitalized terms not otherwise defined herein shall
have the meanings set forth below.
"Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill
No. 15), as amended.
"Bill of Sale" has the meaning given to that term in Section 2(b)(ii) hereof.
"Closing Date" means the date on which the Bonds are issued. The Closing Date
is expected to be November 19, 2009, but the Purchaser may change the Closing Date by
providing e-mail notification to not later than one day prior to the
Closing Date.
"Controller" means the Controller of the State.
"County Auditor" means the auditor or auditor - controller of the county within
which the Seller is located.
"Credit Enhancer" means any municipal bond insurance company, bank or other
financial institution or organization which is performing in all material respects its obligations
under any Credit Support Instrument for some or all of the Bonds.
"Credit Support Instrument" means a policy of insurance, a letter of credit, a
stand -by purchase agreement, a revolving credit agreement or other credit arrangement pursuant
to which a Credit Enhancer provides credit or liquidity support with respect to the payment of
interest, principal or purchase price of the Bonds.
"Initial Amount" means, with respect to the Proposition lA Receivable, the
amount of property tax revenue reallocated away from the Seller pursuant to the provisions of
Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant
to the Act.
"Installment Payments" have the meaning set forth in Section 2(a).
"Payment Dates" have the meaning set forth in Section 2(a).
"Pricing Date" means the date on which the Bonds are sold. The Pricing Date is
expected to be November 10, 2009 but the Purchaser may change the Pricing Date by providing
e -mail notification to t later than one day prior to the Pricing Date.
"Principal Place of Business" means, with respect to the Seller, the location of the
Seller's rinci al lace of business and chief executive office located at
M M M.
A -1
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"Proposition IA Receivable" has the meaning set forth in Section 2(a).
"Purchase Price" means an amount equal to the Initial Amount.
"Rating Agency" means any nationally recognized rating agency then providing
or maintaining a rating on the Bonds at the request of the Purchaser.
"Rating Agency Confirmation" means written confirmation from each Rating
Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower,
suspend or withdraw the rating then assigned by such Rating Agency to any Bonds.
"Resolution" means the resolution adopted by the approving
the sale of the Proposition I Receivable.
"State" means the State of California.
"Transaction Counsel" means Orrick, Herrington & Sutcliffe LLP.
"Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture,
the Bonds and the Irrevocable Instructions For Disbursement of Proposition IA Receivable of
dated as of the Closing Date.
A -2
-71-
o. . 11 .1 V va
OPINION OF COUNSEL
to
Dated: Pricing Date
California Statewide Communities Development Authority
Sacramento, California
Wells Fargo Bank, National Association
Los Angeles, California
Re: Sale of Proposition IA Receivable
Ladies & Gentlemen:
[I havefMs Office has] acted as counsel for the
® (the "Seller" in connection with the adoption of that certain resolution (the
"Resolution ") of the of the Seller (the "Governing Body ") pursuant to which
the Seller authorized the sale to the California Statewide Communities Development Authority
(the "Purchaser") of the Seller's "Proposition IA Receivable ", as defined in and pursuant to the
Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement ") between
the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain
Irrevocable Instructions For Disbursement of the Seller's Proposition IA Receivable to the
Controller of the State of California (the "Disbursement Instructions ") and a Bill of Sale and
Bringdown Certificate of the Seller (the "Bill of Sale" and, collectively with the Sale Agreement
and the Disbursement Instructions, the "Seller Documents ").
Unless the context otherwise requires, capitalized terms used but not otherwise
defined herein shall have the meanings given to such terms in the Sale Agreement. [I/We] have
examined and are familiar with the Seller Documents and with those documents relating to the
existence, organization, and operation of the Seller, the adoption of the Resolution, and the
execution of the Seller Documents, and have satisfied ourselves as to such other matters as [Uwe]
deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4
below, [I /we] have relied as to factual matters on the representations and warranties of the Seller
contained in the Sale Agreement.
Based upon the foregoing, and subject to the limitations and qualifications set
forth herein, [Uwe] are of the opinion that:
B1 -1
—72—
1. The Seller is a local agency, within the meaning of Section 6585(f) of the
California Government Code. The Governing Body is the governing body of the Seller.
2. The Resolution was duly adopted at a meeting of the Governing Body,
which was called and held pursuant to law and with all public notice required by law, and at
which a quorum was present and acting throughout, and the Resolution is in full force and effect
and has not been modified, amended or rescinded since the date of its adoption.
3. To the best of [my /our] knowledge, no action, suit, proceeding, inquiry or
investigation, at law or in equity, before or by any court, public board or body, is pending or
threatened in any way against the Seller (i) affecting the existence of the Seller or the titles of its
Governing Body members or officers to their respective offices; (ii) seeking to restrain or to
enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of
the sale thereof, or materially adversely affecting the sale of the Proposition IA Receivable; (iii)
in any way contesting or affecting the validity or enforceability of the Resolution, Seller
Documents or any other applicable agreements or any action of the Seller contemplated by any
of said documents; or (iv) in any way contesting the powers of the Seller or its authority with
respect to the Resolution or the Seller Documents or any other applicable agreement, or any
action on the part of the Seller contemplated by any of said documents.
4. To the best of [my /our] knowledge, prior to the sale of the Proposition IA
Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise
conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's
Proposition 1A Receivable, nor had the Seller created, or permitted the creation of, any Lien
thereon.
5. The Seller has duly authorized and executed the Seller Documents and,
assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser,
each Seller Document will be legal, valid and binding against the Seller and enforceable against
the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy,
insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting
creditors' rights, and the application of equitable principles and the exercise of judicial discretion
in appropriate areas.
No opinion is expressed concerning the obligation or ability of the State of
California to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of
the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution,
nor is any opinion expressed with respect to the ability of the State to enact any change in the
law applicable to the Seller Documents (including, without limitation, Section 100.06 of the
Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, [Uwe]
express no opinion as to the value of the Proposition IA Receivable or as to any legal or
equitable remedies that may be available to any person should the Proposition 1A Receivable
have little or no value. No opinion is expressed with respect to the sale of Bonds by the
Purchaser.
B 1 -2
-73-
The legal opinion set forth herein is intended for the information solely of the
addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees
may not rely on it in connection with any transactions other than those described herein, and it is
not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole
or in part, or otherwise referred to, in any document, or to be filed with any governmental or
administrative agency other than the Purchaser or with any other person or entity for any purpose
without [my /our] prior written consent. In addition to the addressees hereof, each Credit
Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were
addressed to them. [I/We] do not undertake to advise you of matters that may come to [my /our]
attention subsequent to the date hereof that may affect the opinions expressed herein.
Very truly yours,
Seller's Counsel
B1 -3
-74-
EXHIBIT B2
OPINION OF COUNSEL
to
Dated: Closing Date
California Statewide Communities Development Authority
Sacramento, California
Wells Fargo Bank, National Association
Los Angeles, California
Re: Sale of Proposition IA Receivable (Brio dg own Opinion)
Ladies & Gentlemen:
Pursuant to that certain Purchase and Sale A Bement dated as of November 1,
2009 (the "Sale Agreement ") between the (the "Seller") and
the California Statewide Communities Development Authority (the "Purchaser "), this Office
delivered an opinion (the "Opinion ") dated the Pricing Date as counsel for the Seller in
connection with the sale of the Seller's Proposition IA Receivable (as defined in the Sale
Agreement), the execution of documents related thereto and certain other related matters.
Capitalized terms used but not defined herein shall have the meanings given to
such terms in the Sale Agreement.
I confirm that you may continue to rely upon the Opinion as if it were dated as of
the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this
legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section
2(b)(ii)(1) of the Sale Agreement.
Very truly yours,
LE
Seller's Counsel
B2 -1
-75-
EXHIBIT C 1
CLERK'S CERTIFICATE
CERTIFICATE OF THE
OF
CALIFORNIA
Dated: Pricing Date
The undersigned of the (the
"Seller "), a local agency of the State of California within the meaning of Section 6585(f) of the
California Government Code, does hereby certify that the fore oin is a full, true and correct
co of Resolution No. duly adopted at a meeting of the
of said Seller duly and legally held at the regular meeting place thereof on the
day of , 2009, of which meeting all of the members of said
IMIMFhad due notice and at which a quorum was present and acting throughout, and that at
said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I do hereby further certify that I have carefully compared the same with the original
minutes of said meeting on file and of record in my office and that said resolution is a full, true
and correct copy of the original resolution adopted at said meeting and entered in said minutes
and that said resolution has not been amended, modified or rescinded since the date of its
adoption and the same is now in full force and effect.
I do hereby further certify that an agenda of said meeting was posted at least 72 hours
before said meeting at a location in the City of California freely accessible to
members of the public, and a brief general description of said resolution appeared on said
agenda.
Capitalized terms used but not defined herein shall have the meanings given to such
terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller
and the California Statewide Communities Development Authority.
WITNESS by my hand as of the Pricing Date.
By:
of the
California
C1 -I
-76-
EXHIBIT C2
SELLER CERTIFICATE
SELLER CERTIFICATE
Dated: Pricing Date
We, the undersigned officers of the (the
"Seller "), a local agency of the State of California within the meaning of Section 6585(f) of the
California Government Code, holding the respective offices herein below set opposite our
signatures, do hereby certify that on the date hereof the following documents (the "Seller
Transaction Documents ") were officially executed and delivered by the Authorized Officer or
Officers whose names appear on the executed copies thereof, to wit:
Document
1. Purchase and Sale Agreement, dated as of November 1, 2009 (the
"Sale Agreement "), between the Seller and the California
Statewide Communities Development Authority (the "Purchaser ")
2. Irrevocable Instructions For Disbursement of Seller's Proposition
1 A Receivable to the Controller of the State of California, dated
the Closing Date.
3. Bill of Sale, dated the Closing Date.
Capitalized terms used herein and not defined herein shall have the meaning given
such terms in the Sale Agreement.
We further certify as follows:
At the time of signing the Seller Transaction Documents and the other documents and
opinions related thereto, we held said offices, respectively, and we now hold the same.
2. The representations and warranties of the Seller contained in the Seller Transaction
Documents are true and correct as of the date hereof in all material respects.
The � duly adopted its resolution (the "Resolution" a rovin the sale of
the Seller's Proposition IA Receivable at a meeting of the which was
duly called and held pursuant to law with all public notice required by law and at which a
quorum was present and acting when the Resolution was adopted, and such Resolution is in
full force and effect and has not been amended, modified, supplemented or rescinded.
C2 -1
-77-
Name. Official Title Signature
genuine.
I HEREBY CERTIFY that the signatures of the officers named above are
Dated: Pricing Date
By:
of the
California
C2 -2
-78-
EXHIBIT C3
BILL OF SALE AND BRINGDOWN CERTIFICATE
BILL OF SALE AND BRINGDOWN CERTIFICATE
Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale
Agreement "), dated as of November 1, 2009, between the undersigned (the "Seller ") and the
California Statewide Communities Development Authority (the "Purchaser "), and in
consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase
Price (as defined in the Sale Agreement), in two equal installment payments to be made on
January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates "), the Seller does hereby
(a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely
and not as collateral security, without recourse except as expressly provided in the Sale
Agreement, the Proposition IA Receivable as defined in the Sale Agreement (the "Proposition
IA Receivable "), and (b) assign to the Purchaser, to the extent permitted by law (as to which no
representation is made), all present or future rights, if any, of the Seller to enforce or cause the
enforcement of payment of the Proposition IA Receivable pursuant to the Act and other
applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and
delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the
California Government Code, shall be treated as an absolute sale and transfer of the Proposition
IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing.
Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the
Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make the
installment payments in the requisite amounts on the Payment Dates.
The Seller hereby certifies that the representations and warranties of the Seller set
forth in the Certificate of the dated the Pricing Date, the Seller Certificate
dated dated the Pricing Date and in the Transaction Documents to which the Seller is a party are
true and correct in all material respects as of the date hereof (except for such representations and
warranties made as of a specified date, which are true and correct as of such date). Capitalized
terms used but not defined herein shall have the meanings given to such terms in the Sale
Agreement.
Dated: Closing Date
�0
C3 -1
Authorized Officer
-79-
EXHIBIT D
IRREVOCABLE INSTRUCTIONS TO CONTROLLER
IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT
OF PROPOSITION IA RECEIVABLE OF
Dated: Closing Date
Office of the Controller
State of California
P.O. Box 942850
Sacramento, California 94250 -5872
Re: Notice of Sale of Proposition 1 A Receivable by the
and Wiring Instructions Information Form
Dear Sir or Madam:
Pursuant to Section 6588.6(c) of the California Government Code, �®
(the "Seller") hereby notifies you of the sale by Seller, effective as of the
date of these instructions written above, of all right, title and interest of the Seller in and to the
"Proposition IA Receivable" as defined in Section 6585(8) of the California Government Code
(the "Proposition IA Receivable "), namely, the right to payment of moneys due or to become
due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California
Constitution and Section 100.06 of the California Revenue and Taxation Code.
By resolution, the Seller's authorized the sale of the
Proposition IA Receivable to the California Statewide Communities Development Authority (the
"Purchaser") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the
"Purchase and Sale Agreement ") and a Bill of Sale, dated the Closing Date (as defined in the
Purchase and Sale Agreement). The Proposition IA Receivable has been pledged and assigned
by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture ")
between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee ").
The Seller hereby irrevocably requests and directs that, commencing as of the
date of these instructions written above, all payments of the Proposition IA Receivable (and
documentation related thereto) be made directly to Wells Fargo Bank, National Association, as
Trustee, in accordance with the wire instructions and bank routing information set forth below.
Please note that the sale of the Proposition 1A Receivable by the Seller is
irrevocable and that. r) the Seller has no power to revoke or amend these instructions at any
time; (ii) the Purchaser shall have the power to revoke or amend these instructions only if
there are no notes of the Purchaser outstanding under the Indenture and the Indenture has
been discharged; and (iii) so long as the Indenture has not been discharged, these instructions
D -1
-80-
cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should
the Purchaser, however, deliver a written notice to the Office of the Controller stating that.
(a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement,
(b) the Purchaser has not waived such requirements, and (c) the Purchaser has not purchased
the Proposition IA Receivable as a result of the circumstances described in (a) and (b) above,
then these instructions shall be automatically rescinded and the Seller shall again be entitled
to receive all payment of moneys due or to become due to the Seller pursuant to Section
25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the
California Revenue and Taxation Coda
Bank Name:
Wells Fargo Bank, N.A.
Bank ABA Routing M
121000248
Bank Account M
0001038377
Bank Account Name:
Corporate Trust Clearing
Further Credit To:
CSCDA Proposition I Bonds
Bank Address:
707 Wilshire Blvd., 17th Floor
MAC E2818 -176
Los Angeles, CA 90017
Bank Telephone M
(213) 614 -3353
Bank Contact Person:
Robert Schneider
Please do not hesitate to call the undersigned if you have any questions regarding
this transaction. Thank you for your assistance in this matter.
Very truly yours,
L
D -2
Authorized Officer
-81-
EXHIBIT E
ESCROW INSTRUCTION LETTER
ESCROW INSTRUCTION LETTER
1 2009
California Statewide Communities Development Authority
1100 K Street
Sacramento, CA 95814
Re: Proposition I Receivable Financin
Dear Sir or Madam:
The (the "Seller") hereby notifies you of its
agreement to participate in the California Statewide Communities Development Authority
Proposition IA Receivable Financing. By adoption of a resolution the "Resolution")
authorizing the sale of its Proposition IA Receivable, the Seller's s agreed
to sell to the California Statewide Communities Development Authority (the "Purchaser"), for a
purchase price that meets the conditions set forth in the Resolution, all of its right, title and
interest in the Proposition IA Receivable.
Enclosed herewith are, the following documents which have been duly approved
and executed by the Seller and which are to be held in escrow by Orrick, Herrington &
Sutcliffe LLP, as transaction counsel ( "Transaction Counsel "), as instructed below:
1. certified copy of the Resolution, together with a certificate of the
M, dated the Pricing Date;
2. the Seller Certificate, dated the Pricing Date;
3. the Opinion of Seller's Counsel, dated the Pricing Date;
4. the Opinion of Seller's Counsel (bringdown opinion), dated the Closing Date;
5. the Purchase and Sale Agreement, dated as of November 1, 2009;
6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and
7. the Irrevocable Instructions to Controller, dated the Closing Date.
The foregoing documents are to be held in escrow by Transaction Counsel and
shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement),
provided that such Closing Date occurs on or before December 31, 2009.
E -1
-82-
Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii)
Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's
Counsel stating, respectively and in good faith, that the representations made in the Seller's
Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel
are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole
discretion, choose to waive receipt of such representations or opinions, then this agreement shall
terminate and Transaction Counsel shall destroy all of the enclosed documents.
Very truly yours,
IM
Enclosures
cc: Orrick, Herrington & Sutcliffe LLP
E -2
Authorized Officer
-83-
❑E
c
Ie� • 1950 •�
SOUTH TAHOE PUBLIC UTILITY DISTRIC c
0
" Basic Services for a Comp /ex World" '�N
Richard Solbri , General Manager Paul Sciuto, Assistant G I Mana er
Mary Lou Mosbacher, President BOARD MEMBERS Dale F�jse, ice President
James R. Jones, Director Eric W. Schafer, Director Claudio, Director
REGULAR MEETING OF THE BOARD OF DIREC
SOUTH TAHOE PUBLIC UTILITY DIS
SEPTEMBER 17, 2009
MINUTES C
The Board of Directors of the South Tahoe Public Ut' ' istrict met in a regular session,
September 17, 2009, 2:00 P.M., District Office, 1 Meadow Crest Drive, South Lake
Tahoe, California.
BOARD OF DIRECTORS QJ� ROLL CALL
President Mosbacher, Directors Rise, Jon e� chafer.
Director Claudio was absent. �Q
STAFF
Solbrig, Sharp, Hughes, Brown, es, Nolan, Curtis,
Cocking, Coyner, Hoggatt, Ryap, ullen, Thiel,
Attorney Kvistad �
GUESTS:
Andrew Strain and BI Carrig /Heavenly Valley,
John Runnels, Pe cores, Tod Williamson,
John Adamski, G�irW*Cefalu
Director Sched the pledge to the flag.
An additi� agenda item was received subsequent to
the re r Board meeting agenda being posted. Due to
the''t duration of the remainder of the construction
se�
Moved Schafer / Second Rise / Claudio Absent / Passed
to add 2008 Al Tahoe Waterline Replacement Project and
2008 Tata Lane /Granite Mountain Waterline Replacement
Project to the agenda as Action Item c.
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
-85-
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 2009 PAGE - 2
Moved Schafer / Second Rise / Claudio Absent / Passed CONSENT CALENDAR
to approve the Consent Calendar as submitted:
a. Sensus Meters and AMR (Automatic Mobile Reading)
System - (1) Re- affirmed authorization to continue
Sensus brand water meters as the District standard;
and (2) Found Sensus AMR system including MXUs
(Meter Tranceiver Units) to be sole brand to be used
by the District;
b. Temporary Water Educators - Approved an increase
to the contract with Substitute Personnel for two
temporary water educators, in the estimated amount
of $ 10,000;
c. MetroPCS Easement - Granted easement to NV
Energy, contingent upon receipt of MetroPCS payment
of easement ($5,000) and associated attorney fees
($1,250);
el
d. Final and Secondary Effluent Pump Station - Approved
Change Order No. 8 to Pacific Mechanical Corporat�;r
in the amount of $40,160.59; J,
e. 2010 Water Meter Installation Project - Aut d
staff to advertise for bids for installation of �s
and vaults in 2010;
f. Approved Regular Board Meeting rs:
August 6, 2009;( .
g. Approved Regular Board Mee 1 inutes:
August 20, 2009. ?
J
,0� ITEMS FOR BOARD ACTION
The Board's Heave �owmaking Ad Hoc Committee
has held meetings view the water connection and
fee process reco nded by Municipal Financial
Services.
Represent s from Heavenly gave a PowerPoint
present n to the Board covering their Master Plan.
Since g bought by Vail, they want to improve terrain
an ain a consistent source of water for increased
s" making. The existing systems can supply
1,100 gpm, and their Master Plan calls for 4,500 gpm.
The system will be designed to handle 7,500 gpm.
Heavenly will upgrade their facilities to handle increased
flows, and foot the entire bill for this endeavor. The
District is working with them to develop the rates they
will be charged for the increase in water consumption.
Several considerations will go into developing the rates,
HEAVENLY /DISTRICT WATER
SERVICE AGREEMENT _
-86-
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 2009 PAGE - 3
such as non -peak use, etc. Heavenly can only produce HEAVENLY /DISTRICT WATER
snow under certain conditions and during certain SERVICE AGREEMENT
windows. Most of their consumption will be in the early (continued)
winter to mid - December. If there are snowstorms, the
snowmaking system can be turned off in December.
Without snow, they would need to refresh it throughout
the rest of the winter. The Board commented that
Heavenly has been great to work with all these years,
and is looking forward to continuing this relationship. N
There are few fine points to address in the rate structure,
but approval is expected to be forthcoming. A Proposition
218 Public Hearing on rates will be held mid - October.
It was the consensus of the Board to direct staff to �
continue to work with Heavenly and keep them informed
of the process. 6 "
No Board action. �.�
Moved Rise / Second Schafer / Claudio Absent / Passed PAYMENT OF CLAIMS
to approve payment in the amount of $786,611.94.
Cruz Construction was the contractor for this project AADDENDUM TO THE AGENDA:
and did not complete its asphalt trench patching i 2008 AL TAHOE WATERLINE
accordance with the contract specifications. In REPLACEMENT PROJECT AND
December 2008, Cruz and the District entered ' t a 2008 TATA LANE /GRANITE
Partial Closeout Agreement for the project, eby MOUNTAIN WATERLINE REPLACE -
the District withheld funds to ensure the c tion of MENT PROJECT
the noncompliant paving. Cruz agreed plete the
correction by June 30, 2009, but fail do so.
Representatives from the District, C' and Cruz
Construction met and agreed on and methods to
repair the asphalt trench patch. August 28, 2009,
the District sent a letter demaAing that the paving be
completed by September 1 ome work was per-
formed on September 1 kWt as of September 16, the
job had not been com d.
ti
Due to impendin �eather, the repairs must be
completed by O ber 15. Cruz said the paving will
be completedo eptember 17. However, as Cruz
has not me deadlines on the project before, staff
requeste if the September 17 deadline is not
met, t e Board find them noncompliant and has
bre its obligation under the Partial Closeout
A ment, and authorize staff to engage a contractor
tecomplete the needed repairs utilizing the funds
withheld for the project's completion. This item was
reviewed by the Water and Wastewater Operations
Committee and recommended approval of staff's
recommendation.
-87-
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 2009 PAGE - 4
Moved Jones / Second Schafer / Claudio Absent /
Passed to: (1) Find Cruz Construction to be noncom-
pliant with the terms of December 2008 Partial Close-
out Agreement; (2) Find that, based on the October 15,
2009, deadline for the completion of paving within this
construction season, the advertisement for competitive
bids is impractical and will not produce an advantage,
as the compilation of contract documents, bid adver-
tisement, bid award, and construction could not take
place prior to October 15, 2009; (3) Authorize staff to
contract for completion of projects, after informal
solicitation of proposals, and (4) Authorize $50,000
to complete the work.
Executive Committee: The committee met
September 15 to develop recommendations to present
to the Board related to transparency, including use
of technology to promote Board activities, additions
to the web site to provide more documentation, and
information exchange with the public. Staff will
ADDENDUM TO THE AGENDA:
2008 AL TAHOE WATERLINE
REPLACEMENT PROJECT AND
2008 TATA LANE /GRANITE
MOUNTAIN WATERLINE REPLACE-
MENT PROJECT
(continued)
BOARD ME STANDING
COMMITT ORTS
r
J��
continue researching televising options that may be
available and report back to the committee when the
information is available.
The agency met September 16. Staff is develop' EL DORADO COUNTY WATER
water sustainability program to plan how the u AGENCY PURVEYOR
can respond over the long -term to climate c REPRESENTATIVE REPORT
meet water demands, etc. They will also r the
County Water Agency Act for changes uidance
regarding the definition of "works" pro'
President Mosbacher reported shended the
Alpine County presentation of th istrict's
recycled water master plan. Shy' also reported on a
special program that might of interest to staff and
other Board members thkkN&l be aired nationwide
about delta smelt and err for ranchers.
General Mana er: 1stard Solbrig reported on the
Alpine County p entation of the District's recycled
water master . He also updated the Board that
work is con ' ng towards reaching an agreement
with the Q egarding paving issues as related to
develo((''�� t of a new City Water Agreement.
Chwe inancial Officer: Paul Hughes reported on a
stdte funded no cost bond issuance program that
will ensure 100% return of the borrowed property tax
money. Resolutions will be included on the October 15
agenda for the Board's consideration.
BOARD MEMBER REPORTS
GENERAL MANAGER REPORT
STAFF REPORT
-88-
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 2009 PAGE - 5
General Manager: Richard Solbrig reported on the
water connection and associated water shut -off
at the High School that was rescheduled to accom-
modate the Pop Warner football schedule.
He also brought up that due to timing constraints
in the grant, a special Board meeting must be held
at the end of October to award the bid for the water
meter installation project.
District Information Officer: Dennis Cocking reported
that state water legislation having to do with the Delta
did not move forward. He also reported on the progress
of the reauthorization of the Lake Tahoe Restoration
Act. The District is hopeful its projects will be included,
rather than seeking funding via earmarks.
3:40 P.M.
(There was nothing to discuss in Closed Session.)
ACTI / REPORT ON ITEMS DISCUSSED
No reportable Board action
No reportable Board acti�
N>
3:40
r�
ao �
J
GENERAL MANAGER REPORT
IJ
STAFF REPORTS
ADJO ENT TO CLOSED
SES AND RECONVENED TO
REWILAR SESSION
CLOSED SESSION
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, U.S. District
Court for the Eastern District of Ca.
Pursuant to Government Code
Section 54956.9(a) /Conference
with Legal Counsel — Existing
Litigation: Tahoe Asphalt, Inc., and
Tahoe Asphalt Materials Company,
LLC, vs. STPUD, Case No.
SC20090104, El Dorado Superior
Court
ADJOURNMENT
Mary Lou Mosbacher, Board President
South Tahoe Public Utility District
ATTEST:
Kathy Sharp, Clerk of the Board
South Tahoe Public Utility District
-89-
ov
�r Olt
�Ae N'et. `�'�
•1950•
SOUTH TAHOE PUBLIC UTILITY DISTRIC <Fa
" Basic Services for a Comp /ex World"
Richard Solbrig, General Manager Paul Sciuto, Assistant G I Manager
Mary Lou Mosbacher, President BOARD MEMBERS D�alee� F ice President
James R. Jones, Director Eric W. Schafer, Director o�a7+e Claudio, Director
X
REGULAR MEETING OF THE BOARD OF DIREC
SOUTH TAHOE PUBLIC UTILITY DISTRI
OCTOBER 1, 2009
MINUTES (2)G�
The Board of Directors of the South Tahoe Public Ut' ' istrict met in a regular session,
October 1, 2009, 2:00 P.M., District Office, 1275 dow Crest Drive, South Lake Tahoe,
California.
BOARD OF DIRECTORS (l
President Mosbacher, Directors Rise, Clau� Jones.
Director Schafer was absent. A(�
STAFF
Solbrig, Sharp, Sciuto, Hughes, o er, C. Stanley,
P. Lavallee, Cullen, Ryan, Bau . R. Johnson, Nolan,
D. Noble, Thiel, Attorney Heir ema
GUESTS:
John Runnels, Jim , John Adamski, Dave Galicia
Lou Pierini, Donna
Diane Noble le 14 # pledge to the flag.
Staff requ Action Item b. (Diesel Particulate
Filters) b oved from the agenda. It will be placed
on a fu a agenda for consideration.
approve the Consent Calendar as submitted:
a. Local Hazard Mitigation Plan — Approved Resolution
No. 2872 -09 adopting the District's local hazard
mitigation plan;
ROLL CALL
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
CONSENT CALENDAR
-91-
REGULAR BOARD MEETING MINUTES - OCTOBER 1, 2009 PAGE - 2
b. 2009 and 2010 Water Meter Installation Project - ' CONSENT CALENDAR
Authorized an increase to Purchase Order P21787 (continued)
to c2me Engineering for additional plan development,
in the amount of $5,000;
c. 2009 Water Meter Installation Project - Awarded
bid to the lowest responsive, responsible bidder,
Pacific Underground, in the amount of $36,876.50;
d. Headworks Replacement Project - Approved proposal
from Hauge Brueck Associates for consulting services
for the environmental and permit process, in the
amount not to exceed $23,810;
e. 2009 Sonora Waterline Replacement Project -
Approved Change Order No. 2 for Campbell Construction,
in the amount of $ 180,542.90;
f. Liability Claim Against STPUD Received from Merlene
Myrick - Rejected claim;
g. Approved Regular Board Meeting Minutes: {Z
September 3, 2009.
0�
ao �
J
rN
ell
ITEMS FOR BO ACTION
During the installation of fire service for the*SVuth
Ne
Tahoe Refuse (STR) truck wash facility p ct, it was
discovered that the water main to be t serve
the project was a 4 -inch water main, ile the project
requires a 6 -inch line. STR would o enter into an
agreement to upsize 115 feet of sting 4 -inch water
main to the 6 -inch water main squired for the project's
fire service. District staff wGWId like to have the line to
the project property, as s an additional 117 feet
of 4 -inch line in front of property, upsized to an
8 -inch main consist r�vith the District's standard
waterline size. T
to authorize�ution of Water Main Extension
Agreeme r
Move udio Second Rise Schafer Absent Passed
to,@ ove payment in the amount of $2,273,832.64.
SOUTH TAHOE REFUSE WATER
MAIN EXTENSION AGREEMENT
PAYMENT OF CLAIMS
Water and Wastewater Operations Committee: The BOARD MEMBER STANDING
committee met September 28. Minutes of the meeting COMMITTEE REPORTS
are available upon request.
-92-
REGULAR BOARD MEETING MINUTES - OCTOBER 1, 2009 PAGE - 3
City Issues Ad Hoc Committee: The City MOU
expired in June. The Board directed staff to process
and deliver to the City the quarterly water bill (for July
through September) as a regular customer, which is
scheduled to be mailed in approximately two weeks.
Richard Sglbrig will contact the City Manager to con-
vey that the Board is interested in making the City
Council aware of the circumstances that exist without
a new MOU in place.
The agency requested the District adopt a proclama-
tion to honor the agency's 50 anniversary. It was
the consensus of the Board to direct staff to prepare
a Resolution to adopt at the October 15 Regular
Board meeting.
BOARD MEMBER AD HOC
COMMITTEE REPORTS
t
�L
EL DORADO COUNT ER
AGENCY PURVEY
REPRESENTATI P RT
O
General Manager: Richard Solbrig reported on two GENERA NAGER REPORT
items: �,�
1) Integrated Regional Water Management Plan and
Proposition 84 - The partners will meet the week of r
October 5 to categorize various projects. The District's C
solar energy project (to power SCADA systems) is .j
considered a "green" project, which might help to
strengthen the application since no others were s
mitted. The state is considering floating another
in order to continue awarding projects.
2) The District participates on the Green Ene istrict,
spearheaded by the LTCC (Lake Tahoe Co nit' College).
A grant application was submitted hop' fund green
energy projects. LTCC will take the le d give input
regarding reasonable energy buy -ba tes to the CPUC
(California Public Utility Commis i , since rates and
schedules must be approved by,t m.
Chief Financial Officer: Pa �ghes reported staff is STAFF REPORTS
implementing an electro ayment system for
customers to pay their on -line with credit cards or
debit cards. The go re to provide an additional benefit
to customers, a d educe the number of statements
that are sent bylai (since they have the option to
receive the mail). There is no service charge to the
customer fQ is service. It can be used to make a one-
a certa lute. This system will be in place for use with
the 4i ry billing.
DKtrict Information Officer: Dennis Cocking reported on
three items:
1) The Department of Interior passed a spending bill that
included $5M for the Lake Tahoe Community Fire
Protection Partnership group, and will likely be approved
by the conference committee, which means that the District
stands to receive $2M for infrastructure capital improve-
ments in the 2010 fiscal year.
-93-
REGULAR BOARD MEETING MINUTES - OCTOBER 1, 2009 PAGE - 4
2) The reauthorization of the LTRA (Lake Tahoe Res-
toration Act) is in progress and the District has requested
water infrastructure projects be authorized as part of the
bill, rather than earmarking them for funding.
3) He recommended viewing a program by ACWA, titled
"California in Crisis."
2:55 - 3:10 P.M. MEETING BREAK AND ADJQd
ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SES51W
No reportable Board action.
Pursuant to Gov ent Code
Section 5495 Conference
with Legal el- Liability Claim
Against ST Received from
Merlene.lWrick
No reportable Board action.
Pur�u2 t to Government Code
Sef. tion 54956.8 /Conference with
al Property Negotiators:
�, egotiating Parties: District Staff,
�' Vivian Siefert/Century 21 Tahoe
Paradise
Property Identification: 1922
Apache Avenue
Under Negotiation: Property
Purchase and Terms
No reportable Board action.
Pursuant to Government Code
Section 54956.9(a) /Conference
with Legal Counsel - Existing
r 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, U.S. District
Court for the Eastern District of Ca.
No reportablpSard action.
Pursuant to Government Code
O
Section 54956.9(a) /Conference
�.
with Legal Counsel - Existing
Litigation: Tahoe Asphalt, Inc., and
Tahoe Asphalt Materials Company,
LLC, vs. STPUD, Case No.
flo
SC20090104, El Dorado Superior
Court
3:20 P.M.
ADJOURNMENT
-94-
REGULAR BOARD MEETING MINUTES - OCTOBER 1, 2009 PAGE - 5
- `1
Mary Lou Mosbacher, Board Pre nt
South Tahoe Public Utility Dist
Q
V�
ATTEST:
Kathy Sharp, Clerk of the Board
South Tahoe Public Utility District
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Gm"I mo"w
Kk4wrd H. Sol"
5outh Tahoc
F.n* OmWfo
K" UM MM*AChW
FUMic Utility District
Jtes R Jtmes
BOARD AGENDA ITEM 7a
TO: Board of Directors
FROM: Paul Hughes, Chief Financial Officer
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Heavenly /District Water Service Agreement
REQUESTED BOARD ACTION: Authorize execution of the Water Service Agreement
with Heavenly Valley Limited Partnership.
DISCUSSION: In 2007, Heavenly completed an amendment to its Master Plan for the
Heavenly Ski Resort, which included significantly increased snowmaking operations in
order to provide a more reliable and consistent snow base. Representatives from
Heavenly presented the Plan at the September 17 Board meeting.
District staff and Heavenly representatives have been discussing and have developed a
new water service arrangement for supplying snowmaking water to Heavenly to meet its
increased water demands. District staff has reviewed the proposed agreement with the
appointed ad hoc committee. The District hired Municipal Financial Services (MFS) to
assist in the development of a fair, appropriate, and justifiable rate based on Heavenly's
water service requirements, use of the water system, system improvements, and related
District expenditures. Heavenly has been reimbursing the District for the costs
associated with the development of the rate structure and water service agreement.
MFS will be at the Board meeting to present their report during the proposition 218
public hearing.
The proposed new agreement will provide Heavenly up to 750 acre feet of water each
calendar year, October 1 through March 31, at a maximum delivery rate of 4,500
gallons per minute, with certain scheduled exceptions. The MFS developed rates for
this usage is an annual service charge of $202,000 and a metered consumption rate of
$0.404 per 100 cubic feet. This rate structure covers the District's costs associated with
providing the service. The rates shall be subject to adjustment in an amount equal to the
average percentage adjustment of the District's rates and charges for all other
customers. Heavenly is responsible for the costs to develop, install, and maintain the
necessary infrastructure improvements to connect to the District's water system.
-97-
The agreement does not require a capacity charge to Heavenly because Heavenly
intends to install a new 12" connection, but will disconnect its current 10" connection to
the Ski Run Tank and an 8" connection near Wildwood Curve. The combined flow
capacity of the 10" and 8" connections is slightly greater than the 12" connection. Also,
under the current agreement (Ski Run Agreement) there is no explicit restriction on
water use. Heavenly is only restricted by the capacity of the District's facilities. Heavenly
is paying for all the necessary improvements to provide the increased snowmaking
water.
The proposed agreement will be perpetual, commencing on October 1 of the calendar
year in which Heavenly has completed the necessary infrastructure improvements and
requests the District to make the water available pursuant to this agreement. Until then,
the District will continue to provide Heavenly with water for snowmaking under the
current agreement.
SCHEDULE:
COSTS: N/A
ACCOUNT NO: N/A
BUDGETED AMOUNT REMAINING: N/A
ATTACHMENTS: Municipal Financial Services Rate Evaluation Report and Proposed
Heavenly /District Water Service Agreement.
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
: water
-98-
Calculation of Rates to be Assessed
j t
�v
Heavenly Valley Ski Resort for
Water Delivered for Snow - making Purposes
October 15, 2009
Prepared by
Tom Pavletic, Municipal Financial Services
• HV is the District's largest water customer;
• HV's snow - making operations only take
water during the off - season peak;
• HV's snow - making operation only take
water during the diurnal off -peak hours;
• HV uses only a well- defined portion of the
District's water facilities; and
• HV is currently a contract customer of the
District.
I ej (' M t, 0�)
1
• Assumption that annual revenue
requirements are proportional to capital
recovery of facilities
• Portion of facilities used by HV
— Distribution 0.66%
— Transmission 0.13%
— Source of Supply 100%
— Treatment 100%
— Storage 0%
— Booster Stations 0%
• Proportion of peak demand by HV is 29.8%
• District's annual revenue requirements
2
% of
2009110
Heavenly Valley Allocation
Capital
Revenue
Use of
Peak
Cost Category
Recovered
Requirement
Facilities Demand Composite
Dollars
Distribution System
62.8%
$5,732,458
0.66%
29.8%
0.2%
$11,263
Transmission System
22.9%
$2,091,826
13%
29.8%
4.0%
$83,992
Source of Supply
4.0%
$369,376
100%
29.8%
29.8%
$109,993
Well Head Treatment
1.5%
$136,822
100%
29.8%
29.8%
$40,743
Hydrants
3.5%
$317,055
0%
29.8%
0%
$0
Storage Tanks
4.4%
$401,504
0%
29.8%
0%
$0
Booster Stations
0.8%
$75,964
0%
29.8%
0%
$0
Total
100%
$9,125,004
$245,991
2
i
r
• Annual revenue requirements allocable
to HV;
• Range and uncertainty in HV annual
water use for snow - making purposes is
200 AF — 750 AF (AF = acre feet); and
• Split in District's annual revenue
requirements between fixed and
variable costs:
— Fixed 82.2%
— Variable 17.8%
N
FY 2009/10
Annual Allocation to Charges
Revenue Fixed Quantity
Requirement Charge Charge
$245,991 82.2% 17.8%
allocation > $ 202,000 $43,991
months or water use > 12 months 108,893 Ccf
$✓mo. or $✓Ccf > $ 16,833 / mo. $0.404 / Ccf
Note: 250 AF = 108,893 Ccf
• Current agreement does not restrict water use for
snow - making purposes;
• Water use for snow - making purposes could range
from negligible to 750 AF;
• In the past HV has contributed additional
facilities to mitigate any physical restriction to
water use;
• Althou h HV is adding a 12 -inch metered
connecTion it is abandoning 8 -inch and 10 -inch
connections with [meter] capacity greater than
that of the 12 -inch meter;
• HV is relinquishing its rights in the Ski Run tank;
and
• HV is paying for all infrastructure improvements
necessary to provide increased water for snow-
making purposes.
4
r
311 Bryant Avenue
Alameda, California 94501 -3531
T (510) 522 -5251
F (510) 522 -5251
October 2, 2009
Mr. Paul Sciuto
Assistant General Manager
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Tahoe, California 96150
Subject: Evaluation of Rates to be Assessed Heavenly Valley Ski Resort for Water Delivered for
Snow - making Purposes
Dear Mr. Sciuto:
This letter presents our analysis and calculation of water rates to be assessed Heavenly Valley Ski
Resort (HV) for water they use for snow - making purposes. Our evaluation is based on the existing
agreement (Ski Run Tank and Pipeline Agreement, dated February 27, 1984 and subsequent
amendments) between the South Tahoe Public Utility District (STPUD or District), HV specified
terms and conditions for snow - making water use, and industry standard practices for water rate
development.
Historical Background
Although HV has 12 separate water accounts with the District, only two accounts are for meters that
deliver water for snow making purposes. Our analysis and calculations are confined to these two
metered accounts.' HV's water use for snow - making during 2005 — 2008 and projected future use
are shown in Figure 1 and Table 1.
Figure 1. Water Use for Snow - making
800
- --------------------------------- - - - - -- --
■ Projected
700
■ &Inch
- --------------------- ------ ------ --- - -- --
600 IN 10 -Inch
---------------------- --- ------ ------ ------ -- - - --- --
500
------------------------- ------------ ------- - - -- -- --
400 750
------------------- -------------- ------- ---- ---- -- --
300
----------- --- --- -------- - -- -- - - ---- 7 - - - -- --
13
200
t30
-- -- --------- - - -- -- - -- -- - - - -- --
z2a 2µ
100 ff33 0
2005 2006 2007 2008 Future
Water Use for Snow - Making, Acre Feet (1 AF = 326,000 gallons)
Na(e: ValuesW 2006.2008 os for die 0 nwNh pwW Jewry - Am. The vapor br 2009 7e prgwW /Mn m� use doW by HV.
' Account numbers for meters that provide water for snow - making purposes are number 10352 with a 10 -inch
meter connection near Wildwood Curve and number 10356 with an 8 -inch meter connection on Keller Road.
-99-
Mr. Paul Sciuto
October 2, 2009
Page 2of9
Table 1. Water Use for Snow - making
Water Use for Snow - Making, Acre Feet (1 AF = 326,000 gallons)
2005 2006 2007 2008 Future
10 -inch 111 33 223 244
8 -inch 130 97 13 7
Projected 750
Total 241 130 235 251 750
Development of Rates for Snow - making Water Use
The justification for calculating rates for HV on a special /contractual basis are the following:
• HV is the District's largest water customer;
• HV's snow - making operations only take water during the off - season peak;
• HV's snow - making operation only take water during the diurnal off -peak hours; and
• HV is currently a contract customer of the District.
That is, HV's snow - making operations will occur off -peak when the District's full water system
capacity is not being utilized. As a consequence, it is not equitable to assess the snow - making
operations of HV existing rates which are based on the implicit assumption that all demands (both
peak and average) from all customers are coincident. We have developed rates that recover only
those costs of the facilities which they use in accordance with industry standard practices. See
Chapters 7 and 9 of the referenced American Water Works Association (AWWA) manual.
2 American Water Works Association Manual of Water Supply Practices, Alternative Rates. Manual 34, 1992.
-100-
Consumption,
Ccf
Rate
From
To
8 -inch
10 -Inch
Total
Days
gpd
AF
$ /Ccf
Usage $
1- Jan -05
31- Mar -05
16,195
25,156
41,351
89
347,581
95
$1.86
$76,912.86
1- Apr -05
30- Jun -05
40,435
23,220
63,655
90
529,115
146
$1.86
$118,398.30
1- Jul -05
30- Sep -05
0
540
540
91
4,439
1
$1.86
$1,004.40
1- Oct -05
31- Dec -05
0
4
4
91
33
0
$1.92
$7.68
1- Jan-06
31- Mar -06
24,805
7,572
32,377
89
272,149
74
$1.92
$62,163.24
1- Apr -06
30- Jun -06
17,510
6,805
24,315
90
202,112
56
$1.92
$46,684.80
1- Jul -06
30- Sep -06
15
89
104
91
855
0
$1.92
$199.68
1- Oct -06
31- Dec -06
0
185
185
91
1,521
0
$2.00
$370.00
1- Jan -07
31- Mar -07
5,455
77,084
82,539
89
693,791
189
$2.00
$165,078.00
1- Apr -07
30- Jun -07
0
19,947
19,947
90
165,804
46
$2.00
$39,894.00
1- Jul -07
30- Sep -07
0
91
91
91
748
0
$2.00
$182.00
1- Oct -07
31- Dec -07
3
37
40
91
329
0
$2.12
$84.80
1 -Jan -08
31- Mar -08
2,914
80,385
83,299
90
692,400
191
$2.12
$176,593.88
1- Apr -08
30- Jun -08
0
26,056
26,056
90
216,583
60
$2.12
$55,238.72
1- Jul -08
30- Sep -08
0
43
43
91
353
0
$2.12
$91.16
Summary for 6 months
Consumption.
Ccf
Rate
January - June
8 -inch
10 -Inch
Total
gpd
AF
$ /Ccf
Usage $
2005
56,630
48,376
105,006
876,695
241
$1.86
$195,311
2006
42,315
14,377
56,692
474,260
130
$1.92
$108,848
2007
5,455
97,031
102,486
859,595
235
$2.00
$204,972
2008
2,914
106,441
109,355
908,983
251
$2.12
$231,833
Water Use for Snow - Making, Acre Feet (1 AF = 326,000 gallons)
2005 2006 2007 2008 Future
10 -inch 111 33 223 244
8 -inch 130 97 13 7
Projected 750
Total 241 130 235 251 750
Development of Rates for Snow - making Water Use
The justification for calculating rates for HV on a special /contractual basis are the following:
• HV is the District's largest water customer;
• HV's snow - making operations only take water during the off - season peak;
• HV's snow - making operation only take water during the diurnal off -peak hours; and
• HV is currently a contract customer of the District.
That is, HV's snow - making operations will occur off -peak when the District's full water system
capacity is not being utilized. As a consequence, it is not equitable to assess the snow - making
operations of HV existing rates which are based on the implicit assumption that all demands (both
peak and average) from all customers are coincident. We have developed rates that recover only
those costs of the facilities which they use in accordance with industry standard practices. See
Chapters 7 and 9 of the referenced American Water Works Association (AWWA) manual.
2 American Water Works Association Manual of Water Supply Practices, Alternative Rates. Manual 34, 1992.
-100-
Mr. Paul Sciuto
October 2, 2009
Page 3 of 9
Rates developed for HV are based on cost of service allocations that estimate the cost to serve HV's
snow- making operations. Cost of service allocations are a two -step process in which annual capital
and operating costs are first allocated to functional cost categories followed by allocation of costs to
HV for delivery of water for snow - making operations.
The functional cost categories used for allocation of capital and operating costs are:
• Distribution
• Transmission
• Source of Supply
• Storage Tanks
• Booster Stations
The District does not currently account for its annual operations, maintenance and capital
replacement costs using these functional cost categories. The District currently assigns its annual
costs by type (salaries, benefits and other) rather than by their functional cost category. As a
consequence, we have had to estimate the allocation of the District's annual costs to the above
functional cost categories.
The District does allocate its assets (investment in plant) by functional cost category. As a result, we
can calculate the annual capital recovery of assets (a surrogate for depreciation). Table 2 presents
the allocation of the capital recovery for the District's assets as of September 2006 (the date of our
Water Capacity Charge Study (see Table 2 -1 from the study with asset data is included in Appendix
A). Values developed in this table are used in calculations shown in Table 4.
Table 2. Allocation of Capital Recovery
Functional
Cost Category
Capital Recovery Factor (e)
Replacement Useful Cost of
Cost (a) Life Capital Factor
Capital
Recovery
Expense
% of
Capital
Recovered
Distribution System (b)
$223,404,720 30 5.0% 0.0651
$14,532,798
62.8%
Transmission System (c)
$90,997,200 40 5.0% 0.0583
$5,303,149
22.9%
Wells
$9,150,000 30 5.0% 0.0651
$595,221
2.6%
Well Head Treatment
$4,322,738 20 5.0% 0.0802
$346,868
1.5%
Water Rights
$6,772,380 100 5.0% 0.0504
$341,214
1.5%
Hydrants
$10,017,000 20 5.0% 0.0802
$803,790
3.5%
Storage Tanks
$15,647,359 30 5.0% 0.0651
$1,017,883
4.4%
Booster Stations
$2,400,000 20 5.0% 0.0802
$192,582
0.8%
Land (d)
$15,562,081
Total
$378,273,477
$23,133,505
100%
Notes:
a. Replacement cost classes and values are from the September 2006 Water Capacity Charge Study,
Table 2 -1, List of Assets and Replacement Costs, 2006. Table 2 -1 is included in Appendix A.
b. Distribution system assets were defined in the 2006 Water Capacity Charge Study as pipe with diameters 6 -10 inches.
c. Transmission system assets were defined in the 2006 Water Capacity Charge Study as pipe with diameters
greater than
12 inches.
d. The Land asset class has no impact on the allocation and is not included.
e. The capital cost recovery factor allows the allocation of each asset Gass to be weighted by the replacement cost and useful life
for each Gass.
-101-
Mr. Paul Sciuto
October 2, 2009
Page 4 of 9
Although the results of the Water Capacity Charge Study are over two years old, we estimate that the
addition and retirement of assets since has not materially affected the percentage allocations to the
functional cost categories.
The allocation of capital recovery (% of capital recovered) shown in Table 2 serves as a surrogate for
the allocation of annual revenue requirements. The method of allocation of capital recovery shown in
Table 2 is a good surrogate for the allocation of capital replacement costs, an acceptable surrogate
for maintenance costs (which are somewhat related to the value of assets), but not a very good
surrogate for the allocation of operating costs. We believe that it over estimates the operating costs
of the distribution and transmission system and under estimates the operating cost of storage tanks,
treatment, source of supply and booster stations. Short of the District allocating operating costs as is
done in the water rate model (using categories for salaries, benefits and other as shown in Appendix
B) directly to the same functional cost categories shown in Table 2, these estimates are reasonable
approximations.
The allocation of annual revenue requirements shown in Table 2 is the first step in the two -step
allocation process. The second step is described in Table 3 and Table 4.
The specific revenue requirement allocations to HV for each functional cost category (distribution,
transmission, etc.) and the basis for each are presented in Table 3.
Table 3. Basis for Cost Allocations
Cost Category Basis of Allocation Allocation Formula (a) % Alloc.
Distribution
Factor 1 ratio of 6 -inch - 10 -inch pipe used to deliver water for = 6,700 ft / 1,015,476 ft = 0.66%
snow - making to total 6 -inch - 10 -inch pipe
4,500 gpm for snow - making peak rate of delivery
Factor 2 = 4,500 gpm / 15,112 gpm = 30%
when the system caeacity is 15,112 gpm
Transmission
Factor 1 ratio of 12 -inch and larger pipe used to deliver water = 40,900 ft / 303,324 ft = 13%
for snow - making to total 12 -inch and larger pipe
Factor 2
4,500 gpm for snow - making peak rate of delivery
= 4,500 gpm / 15,112 gpm = 30%
when the system ca aci is 15,112 gpm
Source of
ratio of peak demand to deliver water for snow-
= 4,500 gpm / 15,112 gpm = 30%
SUPPIX
making to totals tem demand
Well Head
ratio of peak demand to deliver water for snow-
= 4,500 gpm / 15,112 gpm = 30%
Treatment
making to total system demand
Storage Tanks
once the new pump station is online,
na
the Heavenly Tank will not be used
Booster
once the new pump station is online,
Stations
the David Lane booster station will not be used
na
Notes:
a. The values for each category allocable to Heavenly Valley are based on data provided by the District's Principal Engineer
and data from the September 2006 Water Capacity Charge Study, Table 2 -1 (included as Appendix A).
The allocation of 2009/10 revenue requirements to functional cost categories and subsequent
allocation to HV are summarized in Table 4. The allocation of annual revenue requirements to be
recovered from rates is derived from percentage allocations developed in Table 2 for capital recovery
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Mr. Paul Sciuto
October 2, 2009
Page 5 of 9
and total annual revenue requirements provided by the District. The total 2009/10 annual revenue
requirement to be recovered from water rates is $9,125,004. As shown in Table 4, the annual costs
to be recovered from HV in 2009/10 are $245,991.
Table 4. Allocation of Revenue Requirements from Rates for 2009/10
Notes:
a. The Source of Supply category is the combination of the Wells and Water Rights categories from Table 2.
b. The percent of capital recovered is from Table 2.
c. The 2009/10 total revenue requirement was provided by the District.
d. The distribution system portion allocable to Heavenly Valley is based on data provided by the District's Principal Engineer
and data from the September 2006 Water Capacity Charge Study, Table 2 -1.
The allocation factors shown below are cumulative.
Water Pipeline 6 to 10 -inch Diameter. Lineal Feet
portion of system used by HV > 6,700 from District Engineer
total system > 1.015.476 from Water Capacity Charge Study Table 2 -1
% of Total > 0.66%
The total system flow capacity is calculated as shown below:
15,112 gpm = 21,761,000 mgd + 24 hours /day + 60 minutesthour
67 AF per day
Flow Capacity in Water Pipeline 6 to 10 -inch Diameter, Lineal Feet
portion of system used by HV > 4,500 from District Engineer
total system flow capacity > 15.112 from Water Capacity Charge Study Table 2 -1
% of Total > 30%
e. The transmission system portion allocable to Heavenly Valley is based on data provided by the District's Principal Engineer
and data from the September 2006 Water Capacity Charge Study, Table 2 -1.
The factor for flow listed in footnote d also applies to the transmission system. The allocation factors are cumulative.
Water Pipeline 124nch Diameter or Above. Lineal Feet
portion of system used by HV > 40,900 from District Engineer
total system > 3 03.324 from Water Capacity Charge Study Table 2 -1
% of Total > 13%
f. The source of supply portion allocable to Heavenly Valley is based on data provided by the District's Principal Engineer
and data from the September 2006 Water Capacity Charge Study, Table 2 -1.
Water System Supply Flow, apm
portion of system used by HV > 4,500 from District Engineer
total system > 15.112 from Water Capacity Charge Study Table 2 -1
% of Total > 30%
g. The well head treatment portion allocable to Heavenly Valley is the same as for source of supply.
h. The hydrants portion is not allocated to Heavenly Valley snow making water use.
L Ecologic (Heavenly's engineering consultant) stated to the District that once the new pump station is online,
they do not plan to use the existing David Lane Booster or the Heavenly Tank.
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% of
2009/10
Capital
Revenue
Heavenly
Valley
Allocation
Asset Classification
Recovered (b)
Requirement (c)
Percent
Dollars
Distribution System
62.8%
$5,732,458
0.2%
(d)
$11,263
Transmission System
22.9%
$2,091,826
4%
(e)
$83,992
Source of Supply (a)
4.0%
$369,376
30%
(f)
$109,993
Well Head Treatment
1.5%
$136,822
30%
(g)
$40,743
Hydrants
3.5%
$317,055
0%
(h)
$0
Storage Tanks
4.4%
$401,504
0%
(i)
$0
Booster Stations
0.8%
$75,964
0%
(i)
$0
Total
100%
$9,125,004
$245,991
Notes:
a. The Source of Supply category is the combination of the Wells and Water Rights categories from Table 2.
b. The percent of capital recovered is from Table 2.
c. The 2009/10 total revenue requirement was provided by the District.
d. The distribution system portion allocable to Heavenly Valley is based on data provided by the District's Principal Engineer
and data from the September 2006 Water Capacity Charge Study, Table 2 -1.
The allocation factors shown below are cumulative.
Water Pipeline 6 to 10 -inch Diameter. Lineal Feet
portion of system used by HV > 6,700 from District Engineer
total system > 1.015.476 from Water Capacity Charge Study Table 2 -1
% of Total > 0.66%
The total system flow capacity is calculated as shown below:
15,112 gpm = 21,761,000 mgd + 24 hours /day + 60 minutesthour
67 AF per day
Flow Capacity in Water Pipeline 6 to 10 -inch Diameter, Lineal Feet
portion of system used by HV > 4,500 from District Engineer
total system flow capacity > 15.112 from Water Capacity Charge Study Table 2 -1
% of Total > 30%
e. The transmission system portion allocable to Heavenly Valley is based on data provided by the District's Principal Engineer
and data from the September 2006 Water Capacity Charge Study, Table 2 -1.
The factor for flow listed in footnote d also applies to the transmission system. The allocation factors are cumulative.
Water Pipeline 124nch Diameter or Above. Lineal Feet
portion of system used by HV > 40,900 from District Engineer
total system > 3 03.324 from Water Capacity Charge Study Table 2 -1
% of Total > 13%
f. The source of supply portion allocable to Heavenly Valley is based on data provided by the District's Principal Engineer
and data from the September 2006 Water Capacity Charge Study, Table 2 -1.
Water System Supply Flow, apm
portion of system used by HV > 4,500 from District Engineer
total system > 15.112 from Water Capacity Charge Study Table 2 -1
% of Total > 30%
g. The well head treatment portion allocable to Heavenly Valley is the same as for source of supply.
h. The hydrants portion is not allocated to Heavenly Valley snow making water use.
L Ecologic (Heavenly's engineering consultant) stated to the District that once the new pump station is online,
they do not plan to use the existing David Lane Booster or the Heavenly Tank.
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Mr. Paul Sciuto
October 2, 2009
Page 6 of 9
The calculation of the revenue requirements to be recovered from HV for water used for snowmaking
purposes, as presented in Tables 3 and 4, are based on the following factors:
1. The percentage (30 %) of HV's rate of water use (4,500 gpm) to the peak capacity of the
system (15,112 gpm).
2. The portion of the distribution system (0.66 %) and transmission system (13 %) used by HV.
3. The annual revenue requirements of the District's water system ($9,125,004) and the
allocation of these annual revenue requirements to the functional cost categories (distribution,
transmission, source of supply, etc.) as shown in Table 2.
Notice that the costs allocated to HV are independent of water used by HV except implicitly through
the level of annual revenue requirements. That is, once the level of annual water use for the system
has been estimated as a basis for estimating annual revenue requirements, the revenues to be
recovered from HV are established. It thus remains to determine how the revenue requirements
allocable to HV will be recovered. That is, how to design a rate structure (a combination of a fixed
monthly service charge and a quantity charge) that will best recover the revenue requirements from
HV.
When designing a rate structure for an entire water system comprised of thousands of customers
with diverse use patterns, the projection of annual water use is relatively simple. That is, barring an
extreme change in weather conditions (e.g. a drought), unusual changes in the growth in customers,
and /or a system failure, water use should be relatively predictable from year to year. This has been
the case for the District. For example, a cursory review of the District's water production records for
the five -year period FYs 2003/04 through 2007/08 show an average annual production of 7,442 acre -
feet. Using a conventional measure of variance in annual use, the standard deviation in annual water
production during this same five -year period was 5.2 %.
As a consequence, for District as a whole, the split between how revenues are recovered via the
fixed monthly service charge and the quantity charge will have little impact on the recovery of
revenue requirements.
Developing a rate structure for a single, large customer like HV, whose water use could, by its own
admission, vary between 250 and 750 acre -feet, is another matter. It should be noted that HV's
historical annual use has averaged only 212 acre -feet over the last four years (see Table 1). To
insure that the District actually recovers the annual revenue requirements allocable to HV, we
recommend that the monthly service charge recover the annual fixed costs and that the quantity
charge recover variable costs. This concept is reflected in the calculations presented in Table 5.
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Mr. Paul Sciuto
October 2, 2009
Page 7 of 9
Footnote "a° in Table 5 references the 2008/09 budget from the water rate model (shown in detail in
Appendix 6) and shows the development of allocations between fixed and variable costs. Fixed costs
are calculated to approximate 82.2% of the total annual revenue requirements. The remaining 17.8%
of annual revenue requirements are variable costs. As a consequence, the fixed monthly service
charge will recover $202,000 of the $245,991 annual costs allocable to HV and the remaining
$43,991 will be recovered via a quantity charge of $0.404 /Ccf.
Table 5. Charges for Snow - making Water for HV
Item FY 2009/10 Source
system revenue required > $9,125,004 from Table 4
HV revenue required >
HV service charge revenue >
HV quantity charges revenue >
HV quantity charges revenue >
HV snow - making water use, Ccf >
HV snow - making rate, $/Ccf >
$245,991 from Table 4
$ 202,000 see note a
$43,991
$43,991 from above
108.893 see note b
$0.404
Notes:
a. Current service charges for the two meters used for snow - making are shown below.
84nch
10-inch
Jam(
annual> $9,170.64
$13,180.12
$22,350.76
Service charges based on meter sizes are replaced with a single
service charge.
Development of a single service charge based on fixed costs is shown below:
FY 2008109
Budget (see Appendix
B)
Cost Allocation
Budget
% of Total
Customer>
$107,964
1.2%
Facility, Variable >
$1,616,891
17.8%
Facilo, Fixed >
$5,732,811
63.0%
Fire Protection >
$1.647.859
18.1%
Total >
$9,105,525
100.0%
Variable portion >
17.8%
Fixed portion >
82.2%
HV revenue required > $245,991
Fixed portion > 82.2% $202,309
rounded to nearest $1,000 > $202,000
b. The HV projected water use for snow - making is from their letter to the District dated March 30, 2009.
Water use in AF Is converted to Ccf as shown below:
P er Ye ar
250
acre -feet (AF)
325.851
gallons per AF
81,462,846
gallons
748.1
Ccf /gallon
108,893
Ccf
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Mr. Paul Sciuto
October 2, 2009
Page 8 of 9
Capacity Charges
The preceding portions of this report described the development of rates; this portion of the report
describes our evaluation of capacity charges.
The Ski Run Tank and Pipeline Agreement, dated February 27, 1984, between the District and HV
established the core concepts for all aspects of the construction, maintenance, operation and funding
of facilities for the delivery of water for snow - making purposes. The basis for payment of capacity
charges and rates was established in Section 10 of the Agreement. Section 10 of the Agreement
states:
"District shall furnish to Heavenly ... the following connections and water service... one ...
metered domestic water service for snowmaking purposes connection shall be installed by
the District at no cost to Heavenly ... Heavenly shall pay the District metered rates for the
use of said surplus water charged for other users of the District."
The concept behind Section 10 is that the District did not anticipate collecting a capacity charge
beyond the value of the pipeline and tank easement from HV for connection to the water system of
the snow - making water supply facilities.
Justification for not assessing a capacity charge is reinforced by the following conditions specific to
HV (some of which were described in the sections of this report relative to the development of rates
for water for snow - making operations). Those conditions are described below:
• HV has an existing agreement with the District that specifies terms and conditions for water
use. There appears to be no explicit restriction on water use in this Agreement. The potential
use was merely restricted by the capacity of the District's facilities.
• As indicated above in our calculation of proposed rates for water use for snow making
operations, HV usage (annual and peak) could vary significantly depending on weather
conditions (from a negligible amount in a high snow -fall year to 750 acre -feet in a low snow-
fall year). This wide variation in use would suggest a wide variation in capacity.
• In the past, when HV has needed additional capacity, it contributed additional facilities
necessary to mitigate the physical restriction. For example, it paid for larger motors for the
David Lane booster pumps when it needed to increase its capacity.
• HV is paying for all infrastructure needed to provide additional capacity.
• HV is relinquishing its capacity rights to the Ski Run Tank.
• Even though HV is adding a 12 -inch meter, it is abandoning an 8 -inch meter and a 10 -inch
meter. The combined capacity of an 8 -inch meter connection and a 10 -inch meter connection
is greater than that for a single 12 -inch meter connection.
Other Conditions
The District may want to consider terms in the Agreement that would indicate the type of connection
that would provided at no additional cost, for example, a type of connection capable of up to 750
acre -feet per year of off -peak water deliveries or up to 4,500 gpm of pumping capacity. Under such
terms, water supply connection capabilities (however denominated, in acre -feet or gpm) provided in
excess of those amounts stated could incur the payment of capacity charges.
We appreciate the opportunity to have worked with District staff and legal counsel and with HV
management and legal counsel on this project.
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Mr. Paul Sciuto
October 2, 2009
Page 9 of 9
If you have any questions, please call me at (925) 210 -2385 (Brown and Caldwell office) or (510)
522 -5251 (Alameda office).
Very truly yours,
MUNICIPAL FINANCIAL SERVICES
Tom Pavletic
Attachments
Appendix A, 2006 Water Capacity Charge Study, Table 2.1
Appendix B, 2008/09 Water Rate Model, Table 4 -2b
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WATER SERVICE AGREEMENT
THIS WATER SERVICE AGREEMENT ( "Agreement "), dated this 15th day of October,
is made by and between the South Tahoe Public Utility District, a California public agency formed in
1950 pursuant to the Public Utility District Act ( "District ") and Heavenly Valley Limited
Partnership, a Nevada limited partnership, by and through its general partner, VR Heavenly I, Inc, a
Colorado corporation ( "Heavenly"), at South Lake Tahoe, California, with reference to the following
facts and intentions:
A. The District owns and operates a municipal water treatment and distribution system
for the purpose of supplying water for beneficial use by the District and its customers within the City
of South Lake Tahoe and certain portions of the County of El Dorado, California ( "Water System ");
B. Heavenly is a limited partnership duly organized and validly existing under the laws
of the State of Nevada, and is organized for the primary purpose of operating a ski area for use by the
general public commonly known as the Heavenly Valley Resort and located on land owned in part by
Heavenly and in part by the United States Forest Service, Lake Tahoe Basin Management Unit, near
the City of South Lake Tahoe, California ( "Resort");
C. The District and Heavenly entered into the Ski Run Tank and Pipeline Agreement,
dated February 27, 1984, as amended on April 5, 1985, (collectively "Ski Run Agreement ") for the
District to construct a pipeline and a water storage tank on Heavenly's property for use by the
District to supply water to its customers and to supply water to Heavenly for snowmaking;
D. The District also supplies Heavenly with water for domestic and fire protection
purposes through several connections for use at the Resort, which water service is not subject to the
terms and conditions of this Agreement;
E. Heavenly has prepared a 2006 Master Plan Amendment to its 1996 Master Plan
( "Master Plan") for the development of phased improvements at the Resort including increased water
supply for expanded snowmaking operations;
F. Heavenly has requested the District to provide increased water supplies for
snowmaking purposes, which is a non - standard type of water service as described in the District =s
Administrative Code ( "Administrative Code "). The Administrative Code provides the District with
authority to furnish non - standard water service to Heavenly at such rates, charges and other terms
and conditions as established by the District;
G. The District has evaluated the Water System and determined, as a result of the water
service being requested by Heavenly occurring during the non -peak winter months, that the District
has sufficient existing capacity to provide the requested water service to Heavenly without the
necessity of the District having to construct additional facilities to the Water System;
SB 516913 v6:007627.0131
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H. The District and Heavenly entered into a Water Facility Agreement, dated
November 6, 2008, ( "Facility Agreement") for the purpose of exploring a framework for the
planning, design and construction of facilities through which the District might make available
increased water supplies to Heavenly for snowmaking at the Resort, including the development
of the terms and conditions for this Agreement;
I. Municipal Finance Services. prepared a Water Rate Report, dated October 2, 2009
( "Report"), recommending the rates the District should charge Heavenly for such water service based
on the cost of service consistent with Proposition 218, the California Constitution, applicable case
law and the Administrative Code. The Report is incorporated by this reference into this Agreement;
J. The District agrees to provide Heavenly with water service for snowmaking purposes
at the Resort pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, the District and Heavenly agree as follows:
1. Commitment to Provide Water Service.
I.I. Water Service. The District shall provide Heavenly with water service for
snowmaking purposes at the Resort pursuant the Administrative Code as modified by the terms and
conditions of this Agreement ( "Water Service ").
1.2 Connection Point. The District shall make available the Water Service at a
point outside the Resort generally located at or near the District's David Lane pump station, the exact
location of which shall be determined pursuant to the Facility Agreement ( "Connection Point ").
1.3 Facilities. Heavenly shall be responsible for construction of all facilities to
connect to the Water System and take delivery of water from the Connection Point to the Resort
pursuant to the terms and conditions of the Facility Agreement.
1.4. Term. The term of the Agreement shall be perpetual, commencing on
October 1 st of the calendar year in which Heavenly first desires the District to make water available
to Heavenly pursuant to this Agreement ( "Commencement Date ") and continue until terminated
pursuant to the terms of this Agreement( "Term "). Heavenly shall provide the District with at least
sixty (60) days notice prior to the Commencement Date.
2. Ouantity.
2.1 Total Quantity. The District shall provide Heavenly up to seven hundred and
fifty acre feet (750 afy) of water each year commencing on October 1 st of each year through March
31 st of the following year pursuant to the terms and conditions of this Agreement.
2.2 Delivery Rates. The District shall make Water Service available , at the
2
SB 516913 v6:007627.0131
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Connection Point, at the following maximum delivery rates for each of the periods indicated below:
a. Four thousand five hundred gallons of water per minute (4,500 gpm),
except as provided in Section 2.2.b, below.
b. Three thousand gallons of water per minute (3,000 gpm) during the
Saturday and Sunday prior to the Thanksgiving holiday, the Thanksgiving holiday (the Monday
before Thanksgiving though the Sunday after Thanksgiving), the Christmas Holiday (five (5) days
prior to Christmas through Sunday following January 1 st), and President's Day Holiday (the Friday
before President's Day through President's Day). The District, upon request from Heavenly and in
the District's sole discretion, may increase its delivery rate in excess of three thousand gallons per
minute (3,000 gpm) to a maximum of four thousand five hundred gallons per minute (4,500 gpm),
provided the District has the capacity and water supplies to supply Heavenly with water at an
increased delivery rate. In response to Heavenly's request, the District shall notify Heavenly of the
increased water delivery rate and the duration for such increased delivery, if any.
3. Water Service Rates.
3.1 Metered Consumption Rate. The District's metered consumption rate for
Water Service shall be $0.404 per one hundred (100) cubic feet ( "Metered Consumption Rate ").
3.2 Annual Service Charge. The District's annual service charge shall be
$202,000 for each year that Water Service is made available to Heavenly pursuant to the terms and
conditions of this Agreement ( "Annual Service Charge ").
3.3 Capital Facilities Charge. Heavenly shall not be charged a capital facilities
charge (connection fee) for its new twelve (12) inch connection since Heavenly is disconnecting and
abandoning two existing connections, see Section 8.2, below, that are used by Heavenly for
snowmaking.
3.4 Payment. During the Term, Heavenly shall pay the Metered Consumption
Rate pursuant to the Administrative Code and the Annual Service Charge shall be paid prior to
October 1 st of each calendar year.
3.5 Adjustments. As of the date of this Agreement, even if prior to the
Commencement Date, the Metered Consumption Rate and the Annual Service Charge shall be
subject to adjustment in an amount equal to the average percentage adjustment of the District's rates
and charges for all other customers, which adjustment shall be effective at the same time as applied
to the other customers. The District shall provide Heavenly with at least thirty (30) days written
notice of adjustment in the above rates and charges.
4. Ouality. The District is required to comply with the California Department of Public
Health requirements for operation of the Water System and delivery of domestic potable water to its
customers. The District shall supply Heavenly with the same quality of water that the District
3
SB 516913 v6:007627.0131
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supplies to its other customers.
5. Water Service Provisions. The District =s provision of Water Service to Heavenly
shall be subject to the following provisions:
5.1 Continuity of Water Service. The District shall use reasonable diligence,
pursuant to the District's standard practices, to provide Heavenly with continuous uninterrupted
Water Service pursuant to this Agreement. As part of the District diligence, the District shall plan,
design and construct improvements to the Water System to meet the additional demands of new
customers while maintaining water service to meet the demands of existing customers, including
Heavenly,
5.2 Interruption of Water Service.
a. General. In the event of an interruption of Water Service, either partial or
total, the District shall use reasonable efforts to restore Water Service to Heavenly pursuant to the
District's standard practices applicable to its customers generally under the then existing
circumstances giving rise to the interruption. In the event the interruption is the result of a water
supply shortage, the District may reduce the quantity of water made available to all customers,
including Heavenly, until the District can no longer meet minimum water supply and pressure
requirements as mandated by the California Department of Public Health for the Water System, in
which event the District may interrupt Water Service to Heavenly. In such event, the District shall
diligently pursue restoring the District's water supplies including utilizing other water supply
resources from other pressure zones to continue Water Service to Heavenly.
b. Emergency. Nothing in this Agreement shall be construed to limit the
District =s authority to declare a water shortage emergency pursuant to California Water Code section
350 and take action in accordance with such emergency as determined in the sole discretion of the
District.
C. No Liability for Interru tp ions The District, its directors, elected officials,
officers, agents, employees and contractors, shall not be liable for damages, breach of contract or
otherwise to Heavenly for failure, suspension, diminution, or other variations in Water Service
occasioned by or in consequence of any cause beyond the reasonable control of the District
including, but not limited to, acts of God or of public enemy, fires, floods, earthquakes, power
outages, water supply shortage or other catastrophe, strikes, or failure or breakdown of transmission
facilities.
5.3 Water Use Limitations. The water made available by the District to
Heavenly pursuant to this Agreement shall be used only for snowmaking purposes within the
California and Nevada boundaries of the Resort.
4
SB 516913 v6:007627.0131
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5.4 Administrative Code. Water Service provided by the District to Heavenly
pursuant to this Agreement shall be subject to the Administrative Code and the District's rules,
regulations and policies for other types of water service to the extent not inconsistent with the terms
and conditions of this Agreement. In the event of a conflict between the terms and conditions of this
Agreement and the Administrative Code and the District =s rules, regulations and policies, this
Agreement shall control in all respects.
5.5 District Facilities. The District, at its expense, shall furnish, install,
operate, and maintain all of its facilities related to the Water System, in accordance with the
District's standard practices and policies, for making Water Service available at the Connection
Point. Ownership to all facilities up to the Connection Point shall remain with the District and the
District shall be responsible for loss or damage to such facilities, except Heavenly shall be respon-
sible to the extent that any loss or damage has been caused by Heavenly's acts or omissions.
5.6 Heavenly Facilities. Heavenly, at its expense, shall furnish, install, operate,
and maintain all of its facilities related to the transmission, distribution, application, use, recapture
and reuse of water after (down stream) the Connection Point. Ownership to all facilities after the
Connection Point shall remain with Heavenly and Heavenly shall be responsible for loss or damage
to such facilities, except District shall be responsible to the extent that any loss or damage has been
caused by the District's acts or omissions.
5.7 No Rights. This Agreement only provides Heavenly with a contractual right
to receive Water Service. This Agreement is not intended to, and shall not, provide Heavenly with
any right, title, entitlement or claim of ownership to all or any of the District's water supplies, water
rights, facilities or other District property related to the Water System.
5.8 Ownership_ Ownership of the water shall transfer from the District to
Heavenly at the Connection Point. After the Connection Point, Heavenly shall be solely responsible
for the transmission, distribution, application, use, recapture and reuse of the water, including return
flows, and compliance with all federal, state and local agency laws, regulations and rules. The
District disclaims any and all rights of Heavenly to use of the water for snowmaking or recapture and
reuse of the water and any return flows.
6. Indemnity Heavenly shall indemnify, defend and hold harmless the District and its
directors, elected officials, officers, agents, contractors and employees, from and against any and all
claims, liabilities, damages, losses, costs and expenses of any nature whatsoever, including attorneys,
paralegals and expert fees and costs which arise out of, relate to or result from Heavenly's, and its
agents', contractors', consultants' and engineers', activities and obligations under this Agreement
including, but not limited to, the Master Plan, environmental compliance for use of the water,
transmission, distribution, storage, application, use, recapture and reuse of the water, except to the
extent of any liability, loss, cost or expense caused by the District's negligence or willful
misconduct.
SB 516913 v6:007627.0131 5
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7. Termination Either party may terminate this agreement upon the other parry's
material breach of this Agreement or as otherwise provided in the Administrative Code. Moreover,
this Agreement may be terminated by Heavenly at any time upon one (1) year's advance written
notice or within thirty (30) days notice of nay increase in the Metered Consumption Rate or Annual
Service Charge. In the event of termination for material breach, the non - broaching party shall
provide the breaching party at least thirty (30) days written notice to cure such breach. The party in
breach shall have a reasonable opportunity to cure the breach provided such party diligently
commences and pursues curing the breach within a reasonable time. Upon termination, the District
shall disconnect the Water System at the Connection Point. Such termination and disconnection
shall not relieve Heavenly from responsibility for payment of any fees, charges and other costs
incurred by Heavenly prior to the termination and for disconnection charges.
8. Existing Snowmaking Service.
8.1 Ski Run AiTeement.
a. Until the Commencement Date, the District shall continue to provide
Heavenly with water for snowmaking pursuant to the Ski Run Agreement.
b. Upon the Commencement Date, the Ski Run Agreement shall continue
in full force and effect notwithstanding the provisions of this Agreement, except that Sections 9 and
10 shall no longer be of any force or effect.
8.2 Disconnection. Prior to the Commencement Date, Heavenly shall disconnect
and abandon its connections to the Water System at the ten (10) inch connection to the Ski Run Tank
(account number 10352) and an eight (8) inch connection near Wildwood Curve (account number
10356). Heavenly shall disconnect and abandon the above connections in accordance with the
District's requirements.
8.3 Ski Run Tank Upon the Commencement Date, Heavenly relinquishes any
and all rights to use any storage capacity in the Ski Run Tank and the District shall have the sole and
exclusive use of the Ski Run Tank in connection with the Water System.
9. Master Plan. Heavenly represents and warrants to the District that it has obtained all
required regulatory approvals for its Master Plan, including environmental approvals, for the use of
the District's water for snowmaking at the Resort.
10. Conditions Precedent. The District's obligation to provide Heavenly with Water
Service on the Commencement Date is contingent on Heavenly's satisfaction of the following
conditions:
10.1 Construction of facilities. Heavenly has constructed all facilities necessary
or convenient for the District to make available water to Heavenly pursuant to this Agreement and in
accordance with the terms and conditions of the Facility Agreement.
6
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10.2 Disconnection. Heavenly has disconnected and abandoned the existing
connections to the District's Water System in accordance with Section 8.2, above.
10.3 Payment. Heavenly has paid the District all costs and expenses required to be
paid by Heavenly pursuant to this Agreement and the Facility Agreement.
10.4 Notice. Heavenly has provided notice to the District, at least sixty (60) days
prior to the Commencement Date, that Heavenly has complied with all the terms and conditions of
this Agreement and that Water Service should commence on October 1 st of the year in which Water
Service is first requested by Heavenly.
11. GENERAL PROVISIONS
11.1 Recitals. The recitals stated at the beginning of this Agreement of any matters of
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.
11.2 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
certified, 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: District South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, California 96150
Attention: Customer Service Manager
With a copy to: Gary Ifvistad, Esq.
Brownstein Hyatt Farber Schreck, LLP
21 East Carrillo Street
Santa Barbara, California 93101
TO: Heavenly Blaise Carrig
Heavenly Mountain Resort
Post Office Box 2180
Stateline, NV 89449
With a copy to: General Counsel
Vail Resorts, Inc.
SB 516913 v6:007627.0131 7
-115-
390 Interlocken Crescent, Suite 1000
Broomfield, CO 80021
Glenn E. Porzak
Porzak Browning & Bushong LLP
929 Pearl Street, Suite 300
Boulder, CO 80302
Any communication given by mail shall be deemed delivered two (2) business days after
such mailing date, and any written communication given by overnight delivery service shall be
deemed delivered one (1) business day after the dispatch date. Either party may change its
address by giving the other party notice of its new address.
11.3 Successors and Assigns. 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
Agreement, expressed 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.
11.4 Assignability. This Agreement is assignable to any entity that is the owner and
operator or the successor owner or operator of the Heavenly Ski Resort. Heavenly shall provide
the District with notice within thirty (30) days of any such assignment. Any other assignment
shall only occur with the prior written consent of the District, who shall have the sole discretion
to consent or not consent to any proposed assignment. Any other attempted assignment without
the approval of the District shall be null and void.
11.5 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 construed 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.
11.6 Headings. The section headings contained in this Agreement are for convenience
and reference only and shall not affect the meaning or interpretation of this Agreement.
11.7 Severability. If any term, provision, covenant or condition of this Agreement
shall be or become 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 or held to
8
SB 516913 x6:007627.0131
-116-
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.
11.8 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which shall constitute one and the
same instrument.
11.9 Governing Law. This Agreement shall be governed by, and interpreted in
accordance with, the laws of the State of California to the extent California Law is applicable to
the United States, with venue proper only in the County of El Dorado, State of California.
11.10 Parties in Interest. Nothing in this Agreement, whether expressed 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
Agreement 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.
11.11 Attorney Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an
action for declaratory relief, is brought to 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.
11.12 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 or documents as are necessary or appropriate to effectuate all of the terms and
conditions of this Agreement.
11.13 Construction. The provisions of this Agreement should be liberally construed 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.
11.14 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 partnership duty, obligation,
9
SB 516913 v6:007627.0131
-117-
or liability on or with regard to either party. Each party shall be individually and severally liable
for its own obligations under this Agreement.
11.15 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.
11.16 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 instrument 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 estoppels.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year and at the place first written above.
DISTRICT
South Tahoe Public Utility District
Mary Lou Mosbacher, Board President
HEAVENLY
Heavenly Valley Limited Partnership by its
general partner, VR Heavenly I, Inc
LN
(Name) (Title)
ATTEST:
Kathy Sharp, Clerk of the Board/
Executive Services Manager
10
SB 516913 v6:007627.0131
-I18-
WATER SERVICE AGREEMENT
THIS WATER SERVICE AGREEMENT ( "Agreement"), dated this 15th day of October,
is made by and between the South Tahoe Public Utility District, a California public agency formed in
1950 pursuant to the Public Utility District Act ( "District ") and Heavenly Valley Limited
Partnership, a Nevada limited partnership, by and through its general partner, VR Heavenly I, Inc, a
Colorado corporation ( "Heavenly "), at South Lake Tahoe, California, with reference to the following
facts and intentions:
A. The District owns and operates a municipal water treatment and distribution system
for the purpose of supplying water for beneficial use by the District and its customers within the City
of South Lake Tahoe and certain portions ofthe County of El Dorado, California ( "Water System ");
� P r v-")
A ,� - %,, q c�
10 _IS -D
60 1" f � (V\ -��
B. Heavenly is a limited partnership duly organized and validly existing under the laws
ofthe State of Nevada, and is organized for the primary purpose of operating a ski area for use by the
general public commonly known as the Heavenly Mountain Resort and located on land owned in part I odeted: V,11 -
by Heavenly and in part by the United States Forest Service, Lake Tahoe Basin Management Unit,
near the City of South Lake Tahoe, California ( "Resort");
C. The District and Heavenly entered into the Ski Run Tank and Pipeline Agreement,
dated February 27, 1984, as amended on April 5, 1985, (collectively "Ski Run Agreement ") for the
District to construct a pipeline and a water storage tank on Heavenly's property for use by the
District to supply water to its customers and to supply water to Heavenly for snowmaking;
D. The District also supplies Heavenly with water for domestic and fire protection
purposes through several connections for use at the Resort, which water service is not subject to the
terms and conditions of this Agreement;
E. Heavenly has prepared a 2007 Master Plan Amendment to its 19% Master Plan odeced: 6
( "Master Plan ") for the development of phased improvements at the Resort including increased water
supply for expanded snowmaking operations;
F. Heavenly has requested the District to provide increased water supplies for
snowmaking purposes, which is a non - standard type of water service as described in the District =s
Administrative Code ( "Administrative Code "). The Administrative Code provides the District with
authority to furnish non - standard water service to Heavenly at such rates, charges and other terms
and conditions as established by the District;
G. The District has evaluated the Water System and determined, as a result of the water
service being requested by Heavenly occurring during the non -peak winter months, that the District
has sufficient existing capacity to provide the requested water service to Heavenly without the
necessity of the District having to construct additional facilities to the Water System;
SB 516913 v6:007627.0131
H. The District and Heavenly entered into a Water Facility Agreement, dated
November 6, 2008, ( "Facility Agreement ") for the purpose of exploring a framework for the
planning, design and construction of facilities through which the District might make available
increased water supplies to Heavenly for snowmaking at the Resort, including the development
of the terms and conditions for this Agreement;
I. Municipal Finance Services prepared a Water Rate Report, dated October 2, 2009
( "Report"), recommending the rates the District should charge Heavenly for such water service based
on the cost of service consistent with Proposition 218, the California Constitution, applicable case
law and the Administrative Code. The Report is incorporated by this reference into this Agreement;
I The District agrees to provide Heavenly with water service for snowmaking purposes
at the Resort pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, the District and Heavenly agree as follows:
1. Commitment to Provide Water Service.
I.I. Water Service. The District shall provide Heavenly with water service for
snowmaking purposes at the Resort pursuant the Administrative Code as modified by the terms and
conditions of this Agreement ( "Water Service ").
1.2 Connection Point. The District shall make available the Water Service at a
point outside the Resort generally located at or near the District's David Lane pump station, the exact
location of which shall be determined pursuant to the Facility Agreement ( "Connection Point ").
1.3 Facilities. Heavenly shall be responsible for construction of all facilities to
connect to the Water System and take delivery of water from the Connection Point to the Resort
pursuant to the terms and conditions of the Facility Agreement.
1.4. Term. The term of the Agreement shall be perpetual, commencing on
October 1 st of the calendar year in which Heavenly first desires the District to make water available
to Heavenly pursuant to this Agreement ("Commencement Date ") and continue until terminated
pursuant to the terms of this Agreement("Term "). Heavenly shall provide the District with at least
sixty (60) days notice prior to the Commencement Date.
2. Ouantity.
2.1 Total Quantity. The District shall provide Heavenly up to seven hundred and
fifty acre feet (750 afy) of water each year commencing on October 1 st of each year through March
31 st of the following year pursuant to the terms and conditions of this Agreement.
2.2 Delivery Rates. The District shall make Water Service available , at the
2
SB 516913 x6:007627.0131
Connection Point, at the following maximum delivery rates for each of the periods indicated below:
a. Four thousand five hundred gallons of water per minute (4,500 gpm),
except as provided in Section 2.2.b, below.
b. Three thousand gallons of water per minute (3,000 gpm) during the
Saturday and Sunday prior to the Thanksgiving holiday, the Thanksgiving holiday (the Monday
before Thanksgiving though the Sunday after Thanksgiving), the Christmas Holiday (five (5) days
prior to Christmas through Sunday following January 1st), and President's Day Holiday (the Friday
before President's Day through President's Day). The District, upon request from Heavenly and in
the District's sole discretion, may increase its delivery rate in excess of three thousand gallons per
minute (3,000 gpm) during the foregoing periods to a maximum of four thousand five hundred
gallons per minute (4,500 gpm), provided the District has the capacity and water supplies to supply
Heavenly with water at an increased delivery rate. In response to Heavenly's request, the District
shall notify Heavenly of the increased water delivery rate and the duration for such increased
delivery, if any.
3. Water Service Rates.
3.1 Metered Consumption Rate. The District's metered consumption rate for
Water Service shall be $0.404 per one hundred (100) cubic feet ( "Metered Consumption Rate ").
3.2 Annual Service Charge. The District's annual service charge shall be
$202,000 for each year that Water Service is made available to Heavenly pursuant to the terms and
conditions of this Agreement ( "Annual Service Charge ").
3.3 Capital Facilities Charge. Heavenly shall not be charged a capital facilities
charge (connection fee) for its new twelve (12) inch connection since Heavenly is disconnecting and
abandoning two existing connections, see Section 8.2, below, that are used by Heavenly for
snowmaking.
3.4 Payment. During the Term, Heavenly shall pay the Metered Consumption
Rate pursuant to the Administrative Code and the Annual Service Charge shall be paid prior to
October 1st of each calendar year.
3.5 Adjustments. As of the date of this Agreement, even if prior to the
Commencement Date, the Metered Consumption Rate and the Annual Service Charge shall be
subject to adjustment in an amount equal to the average percentage adjustment of the District's rates
and charges for all other customers, which adjustment shall be effective at the same time as applied
to the other customers. The District shall provide Heavenly with at least thirty (30) days written
notice of adjustment in the above rates and charges.
4. Ouality. The District is required to comply with the California Department of Public
Health requirements for operation of the Water System and delivery of domestic potable water to its
SB 516913 v6:007627.0131
customers. The District shall supply Heavenly with the same quality of water that the District
supplies to its other customers.
5. Water Service Provisions. The District =s provision of Water Service to Heavenly
shall be subject to the following provisions:
5.1 Continuity of Water Service. The District shall use reasonable diligence,
pursuant to the District's standard practices, to provide Heavenly with continuous uninterrupted
Water Service pursuant to this Agreement. As part of the District diligence, the District shall plan,
design and construct improvements to the Water System to meet the additional demands of new
customers while maintaining water service to meet the demands of existing customers, including
Heavenly,
5.2 Interruption of Water Service.
a. General. In the event of an interruption of Water Service, either partial or
total, the District shall use reasonable efforts to restore Water Service to Heavenly pursuant to the
District's standard practices applicable to its customers generally under the then existing
circumstances giving rise to the interruption.
b. Water Sugply Shortage. In the event the interruption is the result of a water
supply shortage, the District shall treat Heavenly the same as all other customers, until the District
can no longer meet minimum water supply and pressure requirements as mandated by the California
Department of Public Health for the Water System, in which event the District may interrupt Water
Service to Heavenly. The interruption of Water Service to Heavenly shall be limited to the period of
time necessary for the District to restore water supplies and pressures During the interruption the
District shall work with Heavenly to provide Heavenly with partial Water Service to the extent
reasonably practicable. The District shall diligently pursue restoring the District's water supplies
including utilizing other water supply resources from other pressure zones to continue Water Service
to Heavenly.
Formatted: underline
Formatted: Untk"rte
DdOW: may reduce the quantity of
water made available to A cumomerss,
mchxhng Heavenly.
Ddd ea: m such event, t
Emergency. Nothing in this Agreement shall be construed to limit the D eMW: b
District =s authority to declare a water shortage emergency pursuant to California Water Code section
350 and take action in accordance with such emergency as determined in the sole discretion of the
District.
cj No Liability for Interruptions The District, its directors, elected officials, DdeW c
officers, agents, employees and contractors, shall not be liable for damages, breach of contract or
otherwise to Heavenly for failure, suspension, diminution, or other variations in Water Service
occasioned by or in consequence of any cause beyond the reasonable control of the District
including, but not limited to, acts of God or of public enemy, fires, floods, earthquakes, power
outages, water supply shortage or other catastrophe, strikes, or failure or breakdown of transmission
facilities.
sB 516913 v6:007627.0131
5.3 Water Use Limitations. The water made available by the District to
Heavenly pursuant to this Agreement shall be used only for snowmaking purposes within the
California and Nevada boundaries of the Resort.
5.4 Administrative Code. Water Service provided by the District to Heavenly
pursuant to this Agreement shall be subject to the Administrative Code and the District's rules,
regulations and policies for other types of water service to the extent not inconsistent with the terms
and conditions of this Agreement. In the event of a conflict between the terms and conditions of this
Agreement and the Administrative Code and the District =s rules, regulations and policies, this
Agreement shall control in all respects.
5.5 District Facilities. The District, at its expense, shall furnish, install,
operate, and maintain all of its facilities related to the Water System, in accordance with the
District's standard practices and policies, for making Water Service available at the Connection
Point. Ownership to all facilities up to the Connection Point shall remain with the District and the
District shall be responsible for loss or damage to such facilities, except Heavenly shall be respon-
sible to the extent that any loss or damage has been caused by Heavenly's acts or omissions.
5.6 Heavenly Facilities. Heavenly, at its expense, shall furnish, install, operate,
and maintain all of its facilities related to the transmission, distribution, application, use, recapture
and reuse of water after (down stream) the Connection Point. Ownership to all facilities after the
Connection Point shall remain with Heavenly and Heavenly shall be responsible for loss or damage
to such facilities, except District shall be responsible to the extent that any loss or damage has been
caused by the District's acts or omissions.
5.7 No Rights. This Agreement only provides Heavenly with a contractual right
to receive Water Service. This Agreement is not intended to, and shall not, provide Heavenly with
any right, title, entitlement or claim of ownership to all or any of the District's water supplies, water
rights, facilities or other District property related to the Water System.
5.8 Ownership. Ownership of the water shall transfer from the District to
Heavenly at the Connection Point. After the Connection Point, Heavenly shall be solely responsible
for the transmission, distribution, application, use, recapture and reuse of the water, including return
flows, and compliance with all federal, state and local agency laws, regulations and rules. The
District disclaims any and all rights of Heavenly to use of the water for snowmaking or recapture and
reuse of the water and any return flows.
6. Indemnity Heavenly shall indemnify, defend and hold harmless the District and its
directors, elected officials, officers, agents, contractors and employees, from and against any and all
claims, liabilities, damages, losses, costs and expenses ofany nature whatsoever, including attorneys,
SB 516913 v6:007627.0131
paralegals and expert fees and costs which arise out of, relate to or result from Heavenly's, and its
agents', contractors', consultants' and engineers', activities and obligations under this Agreement
including, but not limited to, the Master Plan, environmental compliance for use of the water,
transmission, distribution, storage, application, use, recapture and reuse of the water, except to the
extent of any liability, loss, cost or expense caused by the District's negligence or willful
misconduct.
7. Termination Either party may terminate this agreement upon the other party's
material breach of this Agreement or as otherwise provided in the Administrative Code. Moreover,
this Agreement may be terminated by Heavenly at any time upon one (1) year's advance written
notice or within thirty (30) days notice of any increase in the Metered Consumption Rate or Annual
Service Charge. In the event of termination for material breach, the non - breaching party shall
provide the breaching party at least thirty (30) days written notice to cure such breach. The party in
breach shall have a reasonable opportunity to cure the breach provided such party diligently
commences and pursues curing the breach within a reasonable time. Upon termination, the District
shall disconnect the Water System at the Connection Point. Such termination and disconnection
shall not relieve Heavenly from responsibility for payment of any fees, charges and other costs
incurred by Heavenly prior to the termination and for disconnection charges.
8. Existine Snowmakine Service.
8.1 Ski Run Agreement.
a. Until the Commencement Date, the District shall continue to provide
Heavenly with water for snowmaking pursuant to the Ski Run Agreement.
b. Upon the Commencement Date, the Ski Run Agreement shall continue
in full force and effect notwithstanding the provisions of this Agreement, except that Sections 9 and
10 shall no longer be of any force or effect.
8.2 Disconnection. Prior to the Commencement Date, Heavenly shall disconnect
and abandon its connections to the Water System at the ten (10) inch connection to the Ski Run Tank
(account number 10352) and an eight (8) inch connection near Wildwood Curve (account number
10356). Heavenly shall disconnect and abandon the above connections in accordance with the
District's requirements.
8.3 Ski Run Tank. Upon the Commencement Date, Heavenly relinquishes any
and all rights to use any storage capacity in the Ski Run Tank and the District shall have the sole and
exclusive use of the Ski Run Tank in connection with the Water System.
9. Master Plan. Heavenly represents and warrants to the District that it has obtained all
required regulatory approvals for its Master Plan, including environmental approvals, for the use of
the District's water for snowmaking at the Resort.
SB 516913 v6:007627.0131
10. Conditions Precedent. The District's obligation to provide Heavenly with Water
Service on the Commencement Date is contingent on Heavenly's satisfaction of the following
conditions:
10.1 Construction of facilities. Heavenly has constructed all facilitiespursuant to
Section 1.3, above, an d the Facility Agreement.
10.2 Disconnection. Heavenly has disconnected and abandoned the existing
connections to the District's Water System in accordance with Section 8.2, above.
10.3 Payment. Heavenly has paid the District all costs and expenses required to be
paid by Heavenly pursuant to this Agreement and the Facility Agreement.
10.4 Notice. Heavenly has provided notice to the District, at least sixty (60) days
prior to the Commencement Date, that Heavenly has complied with all the terms and conditions of
this Agreement and that Water Service should commence on October 1st ofthe year in which Water
Service is first requested by Heavenly.
11. General Provisions
11.1 Recitals. The recitals stated at the beginning of this Agreement of any matters of
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.
11.2 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
certified, 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: District South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, California 96150
Attention: Customer Service Manager
With a copy to: Gary Kvistad, Esq.
Brownstein Hyatt Farber Schreck, LLP
21 East Carrillo Street
Santa Barbara, California 93101
TO: Heavenly
Blaise Carrig
MOW: necessary or convenient for the
District to make available water to
Heavenly
WSW: this Agreement
Deleted: in accordance with the tams
and conditions of
SB 516913 v6:007627.0131
Heavenly Mountain Resort
Post Office Box 2180
Stateline, NV 89449
With a copy to: General Counsel
Vail Resorts, Inc.
390 Interlocken Crescent, Suite 1000
Broomfield, CO 80021
Glenn E. Porzak
Porzak Browning & Bushong LLP
929 Pearl Street, Suite 300
Boulder, CO 80302
Any communication given by mail shall be deemed delivered two (2) business days after
such mailing date, and any written communication given by overnight delivery service shall be
deemed delivered one (1) business day after the dispatch date. Either party may change its
address by giving the other party notice of its new address.
11.3 Successors and Assigns. 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
Agreement, expressed 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.
11.4 Assignability. This Agreement is assignable to any entity that is the owner and
operator or the successor owner or operator of the Heavenly Ski Resort. Heavenly shall provide
the District with notice within thirty (30) days of any such assignment. Any other assignment
shall only occur with the prior written consent of the District, who shall have the sole discretion
to consent or not consent to any proposed assignment. Any other attempted assignment without
the approval of the District shall be null and void.
11.5 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 construed 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.
11.6 Headings. The section headings contained in this Agreement are for convenience
9B 516913 v6:007627.0131
and reference only and shall not affect the meaning or interpretation of this Agreement.
11.7 Severability. If any term, provision, covenant or condition of this Agreement
shall be or become 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 or held 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.
11.8 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which shall constitute one and the
same instrument.
11.9 Governing Law. This Agreement shall be governed by, and interpreted in
accordance with, the laws of the State of California to the extent California Law is applicable to
the United States, with venue proper only in the County of El Dorado, State of California.
11.10 Parties in Interest. Nothing in this Agreement, whether expressed 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
Agreement 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.
11.11 Attorney Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an
action for declaratory relief, is brought to 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.
11.12 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 or documents as are necessary or appropriate to effectuate all of the terms and
conditions of this Agreement.
11.13 Construction. The provisions of this Agreement should be liberally construed 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
9
SB 516913 v6:007627.0131
versa.
11.14 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 partnership duty, obligation,
or liability on or with regard to either party. Each party shall be individually and severally liable
for its own obligations under this Agreement.
11.15 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.
11.16 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 instrument 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 estoppels.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year and at the place first written above.
DISTRICT
HEAVENLY
South Tahoe Public Utility District Heavenly Valley Limited Partnership by its
general partner, VR Heavenly 1, Inc
By:
Mary Lou Mosbacher, Board President
ATTEST:
By:
Kathy Sharp, Clerk of the Board/
Executive Services Manager
By:
(Name) (Title)
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BOARD AGENDA ITEM 7b
TO: Board of Directors
FROM: Lisa Coyner, Manager of Customer Service
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Ordinance No. 518 -09: Time Limits on Sewer Permits
REQUESTED BOARD ACTION: Enact Ordinance No. 518 -09 Amending Section
4.2.10 of the Administrative Code Regarding Time Limits on Sewer Permits.
DISCUSSION: Currently, the Administrative Code does not have a time limit or
expiration date for sewer permits. As a result, there are many outstanding permits in
which connections to the sewer system have not been made. This has caused some
confusion for those property owners holding outstanding permits as to which of the
District's Ordinances, rules and regulations apply. The proposed amendment will make
the permitting and inspection process clearer and provide a reasonable time to
complete construction to the District's sewer system, pursuant to a defined set of District
Ordinances, rules, and regulations and specifications for sewer service.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS:- Ordinance No. 518 -09
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-119-
ORDINANCE NO. 518-09
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING SECTION 4.2.10 OF THE ADMINISTRATIVE CODE
REGARDING TIME LIMITS ON SEWER PERMITS
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County of El Dorado, State of California, as follows:
SECTION 1— POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain changes to the Administrative
Code regarding time limits for permits allowing connection to the District's sewer
system.
SECTION II — DEFINITIONS
For the purposes of this Ordinance, the terms used herein are defined as follows:
A. The District — The South Tahoe Public Utility District.
B. The Board — The Board of Directors of the South Tahoe Public Utility
District.
C. Administrative Code — The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting and Groundwater
Management Plan Ordinances of the District, which establish the authority
and the principles for the decisions of the District, and provide the public
with guidelines applicable to District operations.
SECTION III — FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of El
Dorado, State of California, make the following findings:
1. The District allows connection to its sewer system pursuant to the
applicable provisions of the Ordinances, rules, and regulations of the District and
specifications for sewer service.
2. The Administrative Code presently does not limit the time in which the
holder of a permit to connect to the District's sewer system must make such connection.
As a result, there are many outstanding permits pursuant to which connection has not
been made.
SB 520809 0:007627.0010 -121-
3. There has been confusion among those holding outstanding permits as to
whether their permits are subject to changes in the District's Ordinances, rules, and
regulations and specifications for sewer service between the time the permit is issued and
connection to the District's Sewer System is accomplished.
4. The proposed amendment is designed to make clear to which of the
District's Ordinances, rules, and regulations and specifications for sewer service a permit
is subject.
5. The proposed amendment will aid in the reduction of outstanding permits
by limiting the time frame in which a permittee may connect to the District's sewer
system pursuant to the District's Ordinances, rules, and regulations and specifications for
sewer service at the time the permit was issued.
6. The proposed amendment is intended to provide the holders of outstanding
permits a reasonable time to complete connection to the District's sewer system, pursuant
to a defined set of District Ordinances, rules, and regulations and specifications for sewer
service.
7. The Board has determined that it is in the best interest of the health and
safety of District residents to adopt an ordinance to add certain provisions to the
Administrative Code regarding the installation of water and sewer services to and the
billing, for the same, of common interest developments.
SECTION IV — AMEND SECTION 4.2.10 OF THE ADMINISTRATIVE CODE
Administrative Code Section 4.2. 10 to be amended as follows:
4.2.10 Time Limits On Sewer Permits
(a) A permit for construction of a sewer lateral shall permit the connection to the
District's sewer service, in accordance with applicable provisions of the Ordinances,
rules, and regulations of the District and specifications for sewer service as existing at the
date of permitting, for a period of three (3) years from the date the permit is issued. If, at
the expiration of the three (3) year initial permit term, the permittee has yet to construct
the permitted connection to the District's sewer system, the permittee may extend the
permit term for one (1) additional one (1) year term, provided that the permittee pays the
then applicable fee for sewer connection, pursuant to Administrative Code section 4.5,
less any funds previously paid as part of said fee.
Any permit extended pursuant to this subsection shall be subject to the terms of
the District's Administrative Code and regulations as existing at the date of extension.
Ordinance No. 518 -09
Time Limits on Sewer Permits
Page 2
SB 520809 v1:007627.0010 -122-
(b) Those permits for construction of a sewer lateral that have been issued prior to
the effective date of Ordinance No. 518 -09 shall permit the connection to the District's
sewer service, in accordance with applicable provisions of the Ordinances, rules, and
regulations of the District and specifications for sewer service as existing at the date of
permitting, for a period of three (3) years from the effective date of Ordinance No. 518-
09. If, at the expiration of this three (3) year term, the permittee has yet to construct the
permitted connection to the District's sewer system, the permittee may extend the permit
term for one (1) additional one (1) year term, provided that the permittee pays the then
applicable fee for sewer connection, pursuant to Administrative Code section 4.5, less
any funds previously paid as part of said fee.
Any permit extended pursuant to this subsection shall be subject to the terms of
the District's Administrative Code and regulations as existing at the date of extension.
(c) Any permittee may choose to comply with changes in the applicable
provisions of the Ordinances, rules, and regulations of the District and specifications for
sewer service made after the date of permitting but prior to connection to the District's
sewer service.
(d) Notwithstanding the above, a sewer permit for construction of a sewer lateral
be null and void:
1) If construction project is not accepted by County or City for the proposed
improvement to be served by the sewer; or
2) If the County or City voids or cancels either the application or permit for
construction of the proposed improvement to be served by the sewer.
SECTION V — SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance and its implementing rules and regulations is for any reason held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance or the Administrative Code. The Board of Directors declares
and determines that it would have passed section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof of this Ordinance and its implementing rules and
regulations and the Administrative Code irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
determined to be unconstitutional or invalid.
SECTION VI — EFFECTIVE DATE
This Ordinance amending the above referenced sections to the Administrative
Code shall take effect thirty days after its passage.
Ordinance No. 518 -09
Time Limits on Sewer Permits
Page 3
SB 520809 v1:007627.0010 -123-
PASSED AND ADOPTED the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 15th day of October, 2009 by the
following vote:
AYES:
NOES:
ABSENT:
Mary Lou Mosbacher, President
South Tahoe Public Utility District
ATTEST:
Kathy Sharp, Clerk of the Board
Ordinance No. 518 -09
Time Limits on Sewer Permits
Page 4
SB 520809 vl :007627.0010 -124-
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BOARD AGENDA ITEM 7c
TO: Board of Directors
FROM: Richard Solbrig, General Manager
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Management Memorandum of Understanding (MOU)
REQUESTED BOARD ACTION: Approve one year contract.
DISCUSSION: The Board Ad Hoc Committee and the negotiating team for the District's
management employees have met and discussed their employment contract. It was
agreed that there would be no adjustment to the salary scale for 2010. In addition, it
was agreed that the managers would participate in any discussions conducted between
the District and the non - exempt (union) employees concerning medical insurance
coverage during the process of renewing the MOU for the non exempt employees. That
MOU is due to expire at the end of June, 2010.
SCHEDULE: New MOU effective January 7, 2010, to January 5, 2011
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Memorandum of Understand dated January 7, 2010 — January 5,
2011 has been provided to Board members. Due to its length, additional copies can be
requested from the Board Clerk.
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Gerwal
GENERAL MANAGER: YES n NO
CHIEF FINANCIAL OFFICER: YES NO
—125—
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BOARD AGENDA ITEM 7c
TO: Board of Directors
FROM: Richard Solbrig, General Manager
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Management Memorandum of Understanding (MOU)
REQUESTED BOARD ACTION: Approve one year contract.
DISCUSSION: The Board Ad Hoc Committee and the negotiating team for the District's
management employees have met and discussed their employment contract. It was
agreed that there would be no adjustment to the salary scale for 2010. In addition, it
was agreed that the managers would participate in any discussions conducted between
the District and the non - exempt (union) employees concerning medical insurance
coverage during the process of renewing the MOU for the non exempt employees. That
MOU is due to expire at the end of June, 2010.
SCHEDULE: New MOU effective January 7, 2010, to January 5, 2011
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Memorandum of Understand dated January 7, 2010 — January 5,
2011 has been provided to Board members. Due to its length, additional copies can be
requested from the Board Clerk.
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Gerwal
GENERAL MANAGER: YES n NO
CHIEF FINANCIAL OFFICER: YES NO
—125—
MEMORANDUM OF UNDERSTANDING
januaFy 8, 2009 januaFy 6, 2010
January 7. 2010 — January 5. 2011
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AND
MANAGEMENT STAFF OF THE
SOUTH TAHOE PUBLIC UTILITY DISTRICT
TABLE OF CONTENTS
SECTION
TOPIC PAGE
SECTION 1
ADMINISTRATION
1
SECTION 2
DEFINITIONS
1
SECTION 3
EMPLOYMENT
3
SECTION 4
EMPLOYMENT OF RELATIVES
4
SECTION 5
PROMOTION /PROBATION
4
SECTION 6
PHYSICAL EXAMINATIONS
5
SECTION 7
ASSIGNMENTS REQUIRING MOTOR VEHICLES
5
SECTION 8
EMPLOYEE TRAINING
6
SECTION 9
EDUCATIONAL ASSIGNMENTS
7
SECTION 10
PERFORMANCE EVALUATIONS
7
SECTION 11
HOURS OF WORK
8
SECTION 12
EMERGENCY ASSIGNMENTS
8
SECTION 13
SALARY RANGE UPON APPOINTMENT TO A CLASS
8
SECTION 14
MERIT INCREASES IN SALARY RANGE
9
SECTION 15
OVERTIME & COMPENSATORY TIME
9
SECTION 16
PAYMENT OF SALARY
11
SECTION 17
SALARY ADJUSTMENTS
11
SECTION 18
ASSIGNMENTS REQUIRING TRAVEL
12
SECTION 19
HOLIDAYS
13
SECTION 20
VACATION LEAVE WITH PAY
13
SECTION 21
SICK LEAVE WITH PAY
14
SECTION 22
SECTION 23
SECTION 24
SECTION 25
SECTION 26
SECTION 27
SECTION 28
SECTION 29
SECTION 30
SECTION 31
SECTION 32
SECTION 33
SECTION 34
SECTION 35
EXHIBIT A
EXHIBIT B
EXHIBIT C
WORKERS' COMPENSATION INSURANCE
LEAVES OF ABSENCE
FAMILY DEATH LEAVE
JURY DUTY LEAVE
MILITARY ABSENCE
HEALTH, LIFE, AND PENSION BENEFITS
CODE OF CONDUCT
DISCIPLINARY PROCEDURE
GRIEVANCE PROCEDURE
DISTRICT RIGHTS
ENTIRE AGREEMENT
SEPARABILITY OF SECTIONS
TERM OF AGREEMENT
NO STRIKE AGREEMENT
MONTHLY PAY BY POSITION
POLICY FOR USE OF DISTRICT VEHICLES
DISTRICT /MANAGEMENT COMPENSATION POLICY
16
16
19
19
20
20
24
26
28
30
31
31
31
31
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, hereinafter referred to as WOU" or
Memorandum of Understanding, is made and entered into by and between the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, hereinafter referred to as the "District', and THE
MANAGEMENT STAFF OF SOUTH TAHOE PUBLIC UTILITY DISTRICT, hereinafter
referred to as "Management" or "Employee ", and has as its purpose the promotion of
harmonious labor relations between the District and Management; establishment of an
equitable and peaceful procedure for the resolution of differences; and the establishment
of rate of pay, and other conditions of employment.
SECTION 1. ADMINISTRATION
A. The General Manager shall be responsible for the administration of, and has the
authority to administer, this Memorandum of Understanding, except as specifically
provided herein, and shall specify such administrative procedures, forms, records,
reports and audits he /she deems necessary for proper administration of the
Memorandum of Understanding. The General Manager may assign to other District
employees such duties in connection with this MOU as he /she deems proper and
expedient.
B. It shall be the duty of the General Manager to keep, or cause to be kept, accurate
records of the application of this Memorandum of Understanding.
C. The District agrees to advise new Employees of the existence of this Memorandum
of Understanding.
SECTION 2. DEFINITIONS
For the purpose of this Memorandum of Understanding, certain words and phrases are
hereby defined as follows:
A. ALTERNATIVE WORK SCHEDULE: Any schedule which involves a variation of the
regular work schedule for a total of an average of 40 hours per week.
B. ANNUAL SALARY The amount of individual compensation for a full year of service,
which is established specifically in Exhibit "A-
C. BOARD The elected Board of Directors of the South Tahoe Public Utility District.
D. CLASS Any position or group of positions within the same pay range as designated
in Exhibit % attached hereto and made a part hereof.
E. CLASSIFIED EMPLOYEES All Employees filling positions within Management that
are responsible to the General Manager rather than the Board of Directors. The
Clerk of the Board shall be designated a Classified Employee for purposes of this
Memorandum of Understanding, with the understanding that the Clerk is
responsible to the General Manager and the Board of Directors.
F. CONFIDENTIAL EMPLOYEES The General Manager shall be considered a
Confidential Employee and is excluded from this Memorandum of Understanding.
G. CONTRACT YEAR The Contract Year shall begin on the first pay period of each
calendar year, and shall last twenty -six (26) pay periods.
H. DAY A calendar day.
I. DEMOTION A change in position to a position in a lower class.
J. DISTRICT The South Tahoe Public Utility District, a California public utility district.
K. EMPLOYEE A management Employee of the District subject to this Memorandum
of Understanding.
L. GENERAL MANAGER The person having the lawful authority to appoint or to
remove persons from positions in the District service, and to designate persons to
perform those duties which legally may be delegated.
M. HOURLY RATE The amount of individual compensation for a full hour's service,
which is computed by dividing annual salary by the number of working hours in a
year. (It is hereby understood there are 2,080 working hours per year.)
N. JOB DESCRIPTION The job description for each Employee is attached hereto as
- Enclosure ", and made a part hereof. The General Manager or his /her designee
and any affected Employees will meet and confer prior to any change in Job
Description.
O. PAID STATUS Includes hours worked and time on paid leave (i.e., vacation,
sick, comp time, jury duty).
P. PROBATIONARY EMPLOYEES Those persons employed for a classified position,
who have not been in District service for a consecutive six -month period. All new
Employees shall serve as Probationary Employees for the first six months of their
employment. Completion of a satisfactory probation period is mandatory before
becoming a permanent Employee. During this time, the Employee must
demonstrate he /she can and will perform the duties of the position satisfactorily. It
is the responsibility of the Employee's supervisor to give him /her proper orientation
2
and training during this period. The supervisor is also to rate his /her performance,
and if unsatisfactory, to dismiss him /her before the Employee is given a permanent
position with the District.
Q. PROMOTION A change in position to a position in a higher class.
R. RANGE The minimum and maximum salary rates which may be paid to Employees
within a Class, which is established specifically in Exhibit AA@ attached hereto.
S. REGULAR EMPLOYEES Any Employees who have completed a probationary
period and who occupy a permanent position, established in accordance with
Exhibit AA @.
T. REGULAR WORK SCHEDULE: A work schedule consisting of eight hours perday,
five days per week.
U. TRANSFER Movement to a position within the same class.
V. UNION Stationary Engineers Local 39 , representing those employees of the District
not covered by this MOU, not including the General Manager, and the Board, which
are neither Union nor Management.
W. WORK DAY: A regular business day from 8:00 a.m. to 5:OOp.m., Monday through
Friday.
X. WORKWEEK The seven - consecutive -day period beginning on Thursday at 12:00
midnight and ending on Wednesday at 11:59 p.m..
SECTION 3. EMPLOYMENT
A. It is the policy of the District that its Employees shall be selected on the basis of
education, experience, fitness, merit and efficiency. The District is an Equal
Opportunity Employer. Job openings are to be anticipated and well publicized
throughout the District so that qualified employees and others will have full
opportunity to present applications for consideration. Employment shall be the
responsibility of the General Manager, with the exception of the position of
Executive Services Manager, employment of whom the General Manager shall
make recommendations to the Board, upon which the Board shall make the final
decision.
B. Job openings shall be posted for a minimum of one week within the District facilities.
At the General Manager's discretion, said posting may be prior to or concurrent
with advertisement to the general public.
3
SECTION 4. EMPLOYMENT OF RELATIVES
A. Relatives of present employees may be hired by the District only if 1) the individuals
concerned will not work in a direct supervisory relationship, and 2) the employment
will not pose difficulties for supervision, security, safety, or morale. Relatives' are
defined as spouses, children, sisters, brothers, mothers, or fathers, and persons
related by marriage.
B. Present employees who marry, or who become related by marriage after December
25, 1996, will be permitted to continue employment with the District only if they do
not work in a direct supervisory relationship with one another, or otherwise pose
difficulties for supervision, security, safety or morale.
C. If employees who marry, or who become related by marriage, do work in a direct
supervisory relationship with one another, the District will attempt to reassign one of
the employees to another position for which he or she is qualified, if such a position
is available. If no such position is available, then one of the employees will be
required to leave the District. The decision as to which employee will leave is left to
the involved employees. If the involved employees refuse to decide which
employee will leave the District, the District may determine which employee will
leave based upon the needs of the District, and considering seniority, training
requirements and other pertinent factors.
SECTION 5. PROMOTION /PROBATION
The relative merit of applicants for appointment to, or promotion within, the classified
service shall be determined by examination. Examinations will include consideration of any
or all of the following factors: education, experience, knowledge, skill, special aptitude,
general adaptability, personal characteristics, physical fitness, promotability, and such
other qualifications as are considered necessary by the General Manager for the
satisfactory performance of work in the classification being examined. Examinations may
consist of written tests, performance tests, evaluation of qualifications, oral examinations,
interviews and assessments of the applications submitted.
If a selection interview board is appointed for the purpose of considering the merits of
applicants, it will include at least one District management level employee and an individual
outside the District experienced in the work area being considered, except in the hiring of
the Assistant General Manager or Chief Financial Officer, in which case the selection
interview board may consist of no Management and more than one outside individual
experienced in the work area being considered, at the General Manager's discretion. Said
selection interview board will make recommendations to the General Manager, who will be
4
allowed to participate in the actions of the selection interview board.
Any District employee who is promoted to a higher level position in the District shall serve a
six -month probationary period in the new position. If such District employee fails to
satisfactorily complete the probationary period in the new position, the District employee
shall have the right to return to his /her previous position in which he /she held regular
status.
Any Probationary Employee may be rejected at any time during the probationary period.
Rejection during the probationary period shall result in termination of employment by the
District except in promotional situations, as set forth above.
SECTION 6. PHYSICAL EXAMINATIONS
Upon reasonable cause the General Manager may require any Employee to submit to a
medical, physical, and /or psychological examination whenever there is a need to determine
whether an Employee is still able to perform the essential functions of his or her job. The
District shall be entitled to make inquiries or require medical or psychological examinations
necessary to determine reasonable accommodation of a disabled Employee.
Said examination(s) shall be conducted by a physician designated by District and any cost
for such examination(s), beyond that covered by health insurance, shall be paid by District.
All Employees in positions for which the job description requires annual physical
examinations shall be required to submit to physical examinations on an annual basis.
Employees who, in the opinion of the designated physician, are physically, medically, or
mentally incapable of meeting essential requirements of their position even with reasonable
accommodation, are subject to transfer or reassignment. If, in the discretion of the General
Manager, no reasonable accommodation can be made nor can transfer or reassignment to
a position for which the Employee is physically, medically and /or mentally qualified be
made, the Employee =s services may be terminated for inability to perform the essential
functions of the position.
Management Staff agrees to abide by the District =s Drug -Free Workplace Policy as
adopted by the Board of Directors.
SECTION 7. ASSIGNMENTS REQUIRING MOTOR VEHICLES
A. District agrees to pay the established IRS rate per mile in effect during the term of
this MOU for every mile traveled in Employee's personal vehicle on official District
business. Mileage claims for reimbursement shall be made in writing on District -
approved form, fully completed and executed.
5
B. Employee agrees to carry a minimum liability policy of $50,000 each claim, and
$100,000 per occurrence, with an insurance company approved by District. Proof of
insurance shall be provided to District prior to Employee using his /her personal
vehicle on District business, and upon reasonable request by District thereafter.
C. Employees that are assigned District vehicles will comply with the District vehicle
policy in effect.
D. Employees shall use District vehicle(s) and /or claim compensation for mileage, in
compliance with the District =s Vehicle policy attached hereto as Exhibit "C" and
incorporated as if fully set forth herein.
E. Employees shall be assigned duties requiring use of motor vehicles, in accordance
with the motor vehicle code and other applicable laws.
F. Seat belts which are furnished in District vehicles shall be properly used, and by this
Memorandum of Understanding, every Employee is fully informed of this
requirement. Employees using personal vehicles shall be required to have and use
seat belts at all times when using such vehicles on District business in accordance
with California laws. Failure to use seat belts shall be cause for disciplinary action
as provided herein.
G. All Employees who are required to drive as a part of their job duties, shall maintain a
valid driver's license in accordance with their Job Description, and shall maintain
insurability at all times. If an employee is required to drive as a part of his /her job
duties, lack of insurability shall be cause for discipline.
SECTION 8. EMPLOYEE TRAINING
It is the policy of the District to encourage and facilitate a program of training in the
interests of Employee efficiency and as an aid to qualifying Employees for advancement.
The General Manager may take any of the following steps to develop and facilitate training
programs.
A. When requested, counsel and advise Employees, provide information regarding
possibilities of advancement in their field of work, and suggest any additional
training of value.
B. Develop and establish mandatory and voluntary training programs for Employees.
C. Promote Employee training programs sponsored by educational institutions.
D. Record the completion of training programs on the Employee service record.
0
E. For mandatory training programs, compensation shall be the appropriate rate for the
actual training time and actual travel time.
SECTION 9. EDUCATIONAL ASSIGNMENTS
Any Employee may participate in special educational and training programs.
A. Such programs shall be limited to those directly related to the District which provide
knowledge and ability that cannot reasonably be provided on the job.
B. All programs conducted outside District facilities, or those programs requiring
District payment for tuition, registration fees, transportation, or other costs, shall be
approved in advance using District - approved forms, fully completed and executed.
C. All special educational and training programs shall be recorded and /or reported in
the manner prescribed by the General Manager.
D. The District shall pay the full cost of all tuition, examinations, books, and
certification, provided the Employee successfully completes the pre- approved
program. The District will pay the state fee for approved certificates and /or
renewals.
E. The District will allow time off with pay for Employees to take certification exams
which are within the Employee =s field of work, and with prior approval by the
General Manager. If the Employee does not pass the exam, he /she may take time
off without pay for reexaminations.
SECTION 10. PERFORMANCE EVALUATIONS
Performance Evaluation reviews shall be rendered annually for all permanent Employees
by their immediate supervisor, pursuant to the "Performance Evaluation Program" in
effect. Probationary Employees shall receive a performance evaluation review prior to the
conclusion of the probationary period, and may receive several such reviews during the
probationary period. Evaluations shall be approved by Employee's immediate supervisor
and each succeeding supervisor up to the General Manager.
If an Employee is dissatisfied with his /her performance evaluation, he /she may appeal to
the General Manager, who shall make the final decision regarding the performance
evaluation. Any appeal to the General Manager shall be made in writing no later than five
(5) working days after the performance evaluation has been approved, and shall contain
the basis for the appeal and specific facts supporting the appeal.
M
If an Employee is dissatisfied after the appeal, he /she may add comments to the
Performance Evaluation, which will be made a part of the Employee's personnel file.
SECTION 11. HOURS OF WORK
The General Manager shall determine the hours of work for each Employee in accordance
with the needs of the Department.
During the term of this Memorandum of Understanding, upon the written request of either
party, the District and Employees shall meet and confer in good faith over reasonable
proposals concerning the establishment of alternative work schedules (i.e., 4/10, 9/80) for
administrative employees (Administration, Engineering, Customer Service, Finance,
Information Systems) by class or department. A proposed alternative work schedule shall
be subject to meet and confer under this provision, only if the proposed schedule would
result in no additional cost to the District and would allow for the provision of service at
existing or improved levels. After meeting and conferring in good faith, the District shall not
be obligated to implement any proposed alternative work schedule in whole or in part, and
such decision by the District shall not be appealable or subject to the grievance procedure.
Any such alternative work schedule shall include a written agreement by both parties as to
the terms and conditions of implementing same. Such written agreement shall be made a
part of this Memorandum of Understanding.
SECTION 12. EMERGENCY ASSIGNMENTS
Whenever it is necessary for the protection of public health, safety, or welfare, Employees
may be required to perform emergency work during off duty hours, and will be paid for such
services, in addition to their regular salary, as provided in this Memorandum of
Understanding.
SECTION 13. SALARY RANGE UPON APPOINTMENT TO A CLASS
A. New Employee Except as otherwise provided herein, any person appointed to a
Class shall receive the minimum salary rate within such Class and shall accrue
other benefits as a new Employee.
B. Demotion In cases of voluntary Demotion, the Employee shall receive the
equivalent level of Annual Salary in the lower Range as they received in the higher
Range. In all cases of Demotion for cause, the salary placement shall be
determined as a part of the disciplinary action.
Employees may, at the discretion of the General Manager, demote into prior
E-*3
positions held in the District.
C. Return Following Leave Without Pay Return following leave without pay is not an
appointment, but is a continuation of service; however, salary and benefits, other
than employment status, shall be based on actual service. This provision shall not
apply to Employees returning from military leave.
D. Appointment of Exceptional Applicant The General Manager may approve a salary
above the established entry level Annual Salary for the Class in order to recruit an
individual who has demonstrated superior knowledge and ability in the hiring
process and whose combined education and experience represents substantially
better preparation for the duties of the Class than required by the minimum
employment standards.
SECTION 14. MERIT INCREASES IN SALARY RANGE
Increases in Annual Salary above the established entry level Annual Salary shall not be
automatic, but shall be based on performance and length of service, and shall be granted
to eligible Employees at the discretion of the General Manager. New employees shall
receive a merit increase, based upon performance, at the end of their six (6) month
probationary period. Thereafter, merit increases shall be granted annually after the date of
successful completion of the probationary period, based upon satisfactory performance.
SECTION 15. OVERTIME /COMPENSATORY TIME
The parties agree to meet and confer whenever the scope of responsibility for an exempt
or non - exempt employee changes, which may result in a change of exempt or non - exempt
status.
1. Exempt Employees
1. Employees shall accrue compensatory time for hours worked exceeding 80
hours per pay period, on an hour for hour basis.
2. Accrued compensatory time can be taken off at a later date with supervisor
approval. There shall be no limit to the number of compensatory hours
accrued during the year.
3. On the last pay period of the calendar year, or upon separation from
employment, any remaining accrued compensatory time shall be paid at the
appropriate straight time rate, up to an annual limit of 40 hours. At
employee's request, up to forty (40) hours of Compensatory time may be
carried forward to the next contract year. Compensatory time payout will be
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paid as a separate check from regular biweekly paychecks.
4. Employees shall not receive compensatory time pay or accrual for attending
voluntary schooling or conferences, without prior approval of the General
Manager. If attendance is mandatory and hours exceed 40 hours worked in
a Workweek, the Employee shall be compensated at the appropriate rate as
set forth herein. If specific projects necessitate work exceeding 80 hours per
pay period, the Employee(s) affected may petition the General Manager to
declare such project exempt from the above compensatory time limits. In
order to qualify for exemption, projects shall be of a nature whereby delay or
nonperformance would negatively impact the District. Examples of projects
that shall be exempt are: labor strikes, emergencies, major litigation support,
high priority project design, as defined by District staff and approved by the
General Manager, construction projects where the contractor =s schedule
may dictate District Employee work hours, or any project deemed exempt by
the General Manager. The General Manager =s decisions regarding
exemptions shall be final.
5. Irrespective of any exemptions, total accrued compensatory time paid shall
not exceed an annual limit of 240 hours.
2. Non - Exempt Employees
1. Overtime pay shall be 1 -1/2 times the Employee =s Hourly Rate of pay for all
hours worked in excess of forty (40) hours per Workweek. For purposes of
computing overtime pay, hours worked shall include seminar hours and jury
duty hours, and holiday hours, vacation days, and sick days.
2. In lieu of receiving overtime pay for hours worked in excess of 40 hours per
workweek, Employees may accrue compensatory time, earned at time and
one -half (1 -1/2). Compensatory time will be accrued at the rate of 1 -1/2
times the Employee's Hourly Rate of pay. Employees may accrue up to a
total of 120 hours of compensatory time at any one point during the contract
term. Whenever accrued compensatory time exceeds 120 hours, it shall be
automatically paid during the pay period in which the 120 hours is exceeded.
At the end of each calendar year, Employees shall be paid for their accrued
compensatory time balance in excess of 40 hours at their then current hourly
rate. Such payment shall be made on the first pay day in January for the
preceding calendar year. Use of compensatory time off shall be by prior
scheduling with and approval by each Employee's immediate supervisor.
Upon separation from employment, Employees shall be paid for their
accrued compensatory time balance at their then current hourly rate.
3. Employees may earn overtime pay or the equivalent accrual of
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compensatory time subject to the approval of their immediate supervisor.
4. Employees shall not receive overtime-pay for attending voluntary schooling
or conferences, without prior approval of the General Manager. If
attendance is mandatory and hours exceed 40 hours worked in a Workweek,
the Employee shall be compensated at the appropriate rate as set forth
herein.
SECTION 16. PAYMENT OF SALARY
A. The pay period for all Employees shall be based on a biweekly period.
B. Salaries shall be computed in accordance with the following provisions:
The regular salary for each Employee shall be based on the actual number
of days or hours worked in the period, including authorized absences with
pay, multiplied by the Employee's Hourly Rate.
2. Special payments shall be calculated in accordance with the pertinent
provisions of this Memorandum of Understanding.
C. Salaries shall be paid to all Employees in accordance with the following schedule:
Salaries for each pay period shall be paid not later than the 5th work day of the
following week; except that if the 5th work day of the following week falls on a non -
work day, but is preceded by a work day, the salaries provided for herein shall be
paid on the 4th work day of said week; and except that if the 5th work day of the
following week falls on a non -work day, and is preceded by a non -work day, the
salaries provided for herein shall be paid on the first following work day of said
week.
D. The compensation provided in this MOU shall be payment in full for all services
rendered in a District position and no Employee shall accept any other
compensation for services performed in such position.
SECTION 17. SALARY ADJUSTMENTS
There will be no
change in salary ranges during► the term of this Memorandum of
11
Understandincr
2. Salary Ranges Salary ranges shall be established for each position, as indicated
in Exhibit A, , with six (6) steps,
5% between each step, calculated downward from the maximum class salary as the
top step.
3. Reclassification and Pav Equity Process Whenever the scope, responsibility,
or assigned job duties for any management position substantially change, a request
for salary range adjustment, with all supporting documentation, may be presented to
the General Manager. All decisions shall be documented by stating the reason(s)
for approval or denial. Decisions by the General Manager shall be final.
If the General Manager or his /her designee wish to change the salary range of a
management position, it shall be done on a meet and confer basis with the
management group, pursuant to the above process.
SECTION 18. ASSIGNMENTS REQUIRING TRAVEL
Whenever Employees are ordered or authorized to travel in the performance of their
duties, they shall be compensated for the necessary travel expenses, at actual cost,
including transportation, lodging, and meals in accordance with District policy. To the
extent transportation includes use of the Employee =s vehicle, transportation cost will be
reimbursed in accordance with Section 7 hereinabove.
SECTION 19. HOLIDAYS
A. All Regular Employees of the District shall be entitled to the following holidays with
pay:
January 1
February 12
The third Monday of February
The last Monday of May
July 4
The first Monday of September
Thanksgiving Day
The Friday following Thanksgiving
December 25
Three (3) hours to be used on Good Friday or any other time selected by the
Employee and approved by his /her supervisor
Two (2) eight -hour floating holidays to be selected by the Employee and
approved by his /her supervisor.
The above 19 hours of floating holiday shall be accrued on the first payday in
January.
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- -
-
m!e
2. Salary Ranges Salary ranges shall be established for each position, as indicated
in Exhibit A, , with six (6) steps,
5% between each step, calculated downward from the maximum class salary as the
top step.
3. Reclassification and Pav Equity Process Whenever the scope, responsibility,
or assigned job duties for any management position substantially change, a request
for salary range adjustment, with all supporting documentation, may be presented to
the General Manager. All decisions shall be documented by stating the reason(s)
for approval or denial. Decisions by the General Manager shall be final.
If the General Manager or his /her designee wish to change the salary range of a
management position, it shall be done on a meet and confer basis with the
management group, pursuant to the above process.
SECTION 18. ASSIGNMENTS REQUIRING TRAVEL
Whenever Employees are ordered or authorized to travel in the performance of their
duties, they shall be compensated for the necessary travel expenses, at actual cost,
including transportation, lodging, and meals in accordance with District policy. To the
extent transportation includes use of the Employee =s vehicle, transportation cost will be
reimbursed in accordance with Section 7 hereinabove.
SECTION 19. HOLIDAYS
A. All Regular Employees of the District shall be entitled to the following holidays with
pay:
January 1
February 12
The third Monday of February
The last Monday of May
July 4
The first Monday of September
Thanksgiving Day
The Friday following Thanksgiving
December 25
Three (3) hours to be used on Good Friday or any other time selected by the
Employee and approved by his /her supervisor
Two (2) eight -hour floating holidays to be selected by the Employee and
approved by his /her supervisor.
The above 19 hours of floating holiday shall be accrued on the first payday in
January.
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B. When January 1, February 12, July 4, or December 25 fall on a Sunday, Regular
Employees shall be entitled to the Monday following as a holiday with pay and when
said dates fall on a Saturday, Regular Employees shall be entitled to the Friday
preceding as a holiday with pay.
C. To receive holiday pay, employee must be on.a paid status the work day preceding
and following the holiday.
D. Accruing holiday when the holiday is not worked will not be allowed. This does not
apply to the 19 hours of floating accrued holidays or if a manager actually works a
holiday and accrues holiday time. In these instances, holiday accruals will be
allowed and may be used at a later date. Any accrued holiday on the books as of
the last day of the last pay period of the contract year, will be paid out.
SECTION 20. VACATION LEAVE WITH PAY
A. Vacation with pay shall be earned by Regular Employees based on the equivalent
of full -time service from the date of appointment.
1. Vacation credit shall accrue to the Employee on the first day of the pay
period following the pay period in which it is earned.
2. All employees who have less than three (3) years of service shall accrue
vacation on the basis of 6 -2/3 hours for each full month of service.
3. All Employees who have more than three but less than ten (10) years of
service shall accrue vacation on the basis of ten (10) hours for each full
month of service.
4. All Employees who have more than ten (10) years of service shall accrue
vacation on the basis of 13 -1/3 hours for each full month of service.
1. All employees who have more than twenty (20) years of service shall accrue
vacation on the basis of fourteen (14) hours for each full month of service.
2. Effective July 1, 1997, all employees who have more than twenty -five (25)
years of service shall accrue vacation on the basis of 14 -2/3 hours for each
full month of service.
3. Vacation may be accumulated to a maximum contract year -end accrual of
three hundred twenty (320) hours. Employees with more than three hundred
twenty (320) hours accrued at the end of the contract year, will not accrue
additional vacation hours until their accrued vacation hours are reduced to
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three hundred twenty (320) hours or less. Vacation may be bought back on
a one -time per year basis to be paid on the first pay period in December, in
an amount not to exceed 50% of annual accrual.
4. During any pay period in which an employee does not work at least 64 hours
or does not receive the equivalent of 64 hours pay, (by using sick, vacation,
or compensatory accrued hours) vacation leave accrual will be prorated
based upon pay period hours. Employees on leave due to a work related
injury who utilize accrued sick, vacation, or compensatory time, to receive the
equivalent of a full paycheck (accrued leave plus workers' compensation
payments) shall accrue vacation hours at full accrual rate. If such accrued
hours are not used or are not available, no further vacation hours will accrue
until the employee returns to work. Employees placed on unpaid suspension
shall not accrue vacation leave during the period of their suspension.
5. Vacation longer than two days shall be scheduled a minimum of two (2)
weeks in advance.
B. All Employees who have more than six (6) months of service shall be eligible to use
accrued vacation.
C. The General Manager shall determine the period when accrued vacation time may
be taken by each Employee, consistent with the requirements of the Department. In
the event an Employee is prevented from taking a scheduled vacation, the General
Manager may waive the maximum accrual limitations stated herein.
D. Employees who separate or are terminated from District service or who take military
leave in excess of 180 days shall be paid the monetary value of their accrued
vacation.
SECTION 21. SICK LEAVE WITH PAY
A. Sick leave with pay shall be earned by Regular Employees based on the equivalent
of full -time service from the date of appointment.
1. Sick leave will accrue to the Employee on the first day of the pay period
following that in which it is earned.
2. Sick leave shall accrue on the basis of eight (8) hours per full month of
service and may be accumulated without limit.
3. Employees placed on unpaid suspension shall not accrue sick leave during
the period of their suspension.
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4. During any pay period in which an employee does not work full time or does
not receive a full check (by using accrued sick, vacation or compensatory
hours) sick leave accrual will be prorated based upon pay period total hours.
Employees on leave due to a work related injury who utilize accrued sick,
vacation, or compensatory time, to receive the equivalent of a full paycheck
(accrued leave plus workers' compensation payments) shall accrue sick
hours at full accrual rate. If such accrued hours are not used or are not
available, no further sick hours will accrue until the employee returns to work.
B. Regular Employees may use sick leave for the purpose specified in this section:
1. Absence from duty because of exposure to a contagious disease or when
incapacitated from performing their duties because of personal illness, injury
or dental work.
2. Absence from duty for examination or treatment by a dentist, medical doctor
or physician with prior notification to General Manager or his /her designee.
3. Absence from duty for attendance upon their spouse or for attendance on a
close relative or Registered Domestic Partner because of illness or injury
which incapacitates such family member and definitely requires personal
care. Such absence shall be limited by the appointing authority to the time
reasonably required to make other arrangements for such care. A close
relative includes legal spouse, putative spouse, Registered Domestic
Partner, children (natural and adopted), parents, grandparents,
grandchildren, sisters and brothers, aunts and uncles.
4. Absence from duty to transport a spouse, Registered Domestic Partner,
child, or close relative as defined above, residing with the Employee, to and
from a local hospital for medical treatment or operation, including childbirth.
5. Absence from duty to be in attendance, at any location, during serious
medical treatment or operation, including childbirth, performed upon his /her
spouse, Registered Domestic Partner, child, or close relative as defined
above.
6. Continuing employees who have 1,040 hours of accrued sick leave may
accept payment for the excess over 1,040 hours on the first payday of
December each year. They may elect to continue the accrual of sick leave
beyond the 1,040 hours if they do not want payment for the excess over
1,040 hours.
7. Upon termination, a Regular Employee shall receive a cash payment equal
to ten percent (10 %) of accrued unused sick leave for each full year of
employment, up to a maximum of 1,040 hours, times their regular Hourly
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Rate.
8. Upon death of an Employee, the beneficiary shall be paid accumulated sick
leave to a maximum of 1,040 hours.
C. In order to receive payment for sick leave, Employee shall notify his /her immediate
supervisor or the General Manager in a timely manner.
D. The General Manager may require the Employee to provide adequate evidence to
substantiate the necessity for use of sick leave with pay.
E. Following any absence for serious illness, injury or exposure to contagious disease,
whether or not sick leave was used, the General Manager may require a statement
by a medical doctor that the Employee is fit to return to duty.
F. During any period of disability for which payment is provided under State Disability
Insurance, the Employee may elect to receive the sick leave with pay in an amount
equal to the difference between the disability benefit and full pay or the Employee
may elect to endorse the disability insurance benefits over to the District, in which
case, accrued sick leave will be debited proportionately and the Employee will
receive his /her regular paycheck from the District.
SECTION 22. WORKERS' COMPENSATION INSURANCE
A. Employees who are injured in the performance of assigned duties shall receive such
medical examination, medical care, compensation and other benefits as awarded
under workers' compensation laws of California.
B. It shall be the mandatory duty of Employees to report to their supervisor any
possible injury on the date of occurrence or as soon thereafter as their condition
permits; failure to do so shall be considered cause for disciplinary action.
C. If any Employee is injured on the job, the General Manager and /or the Human
Resources Director shall be notified immediately of such information as may be
available and shall immediately receive medical examination and /or emergency
treatment. The Employee shall not be considered absent from duty during the time
required for medical examination and /or emergency treatment, however,
compensatory time shall not be paid for treatment extending beyond normal shift.
D. During any period of disability for which payment is provided under workers'
compensation insurance, the Employee may elect to receive sick leave with pay in
the amount equal to the difference between any compensation benefits and full pay.
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SECTION 23. LEAVES OF ABSENCE
A. A Regular Employee may be authorized a leave of absence without pay. Such a
leave shall entitle the Employee to be absent from duty for a specified period of time
and for a specified purpose with the right to return as provided in the approved
leave.
No additional sick or vacation accruals shall occur during an unpaid leave of
absence.
B. An Employee may be granted a leave of absence without pay for a period not
exceeding five work days, at the discretion of the General Manager or his /her
designee. Such a short-term leave may be granted for any reason.
A request for an extended leave of absence without pay, for a period exceeding five
work days shall be made in writing. Such leave shall be subject to approval of the
General Manager. A leave may be granted for a period not to exceed 90 days for
the following purposes:
1. Illness beyond that covered by accrued leave.
2. Education or training which would benefit the District.
3. Other personal reasons, approved by the General Manager, when, in his /her
judgment the District will not be adversely affected.
C. Leave of absence without pay shall be granted to an Employee who is temporarily
disabled due to pregnancy and who has exhausted all accrued vacation and sick
leave and compensatory time off for which she is eligible. The leave shall cover a
reasonable time before, during and after childbirth based on her physical disability.
D. An unpaid family care leave may be granted in accordance with the provisions of
the District =s Family & Medical Leave Policy.
E. An Employee may be granted an extension of a leave of absence without pay for
not more than 90 days. Such an extension shall be based on unusual and special
circumstances and shall be subject to approval of the General Manger.
F. A leave of absence may be revoked by the General Manager upon evidence that
the cause for granting a leave was misrepresented or has ceased to exist.
G. A Probationary Employee may be granted a leave of absence without pay by the
General Manager for a period not to exceed 90 days to cover an illness, injury or
other disability only. The probationary period shall be extended by the amount of
such leave granted.
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H. Employment by another employer or self - employment during a leave of absence is
prohibited and shall result in termination, unless otherwise agreed upon in writing
between the District and Employee.
I. Leave of Absence Guidelines — Terminal Illness
The District will authorize an extended leave of absence to an employee
under the following conditions:
a. Must be diagnosed with a terminal illness; and
b. Must be unable to obtain private health insurance after separation
from service, due to their terminal illness diagnosis; and
C. Must state that they will not ever return to work.
2. During such leave of absence, the employee will be required to use
accrued vacation and /or sick leave at full pay (80 hours per pay period),
until the earliest of:
a. the date the accrued leave is exhausted;
b. the date the employee becomes eligible for Medi -Care;
C. Maximum leave duration of 12 months;
3. The employee must provide the District with the dates of the beginning of
the leave of absence, which must be accompanied by physician's
documentation stating the diagnosis of a terminal illness.
4. The employee must also provide the District with a statement that they do
not intend to return to work.
a. The initial "retirement date" will be the first day of the leave of absence.
b. The "final retirement date" will be determined by calculating the
accrued leave balances available at the beginning of the leave of
absence and subtracting 80 hours per pay period until that beginning
accrued leave balance is exhausted.
c. Any leave accrued during the leave of absence will then be paid out at
the Final Retirement Date.
5. Employees extended a leave of absence under these guidelines will not
W.
be eligible for the Voluntary Leave Donation Program at any time
subsequent to being granted this leave of absence for terminal illness.
SECTION 24. FAMILY DEATH LEAVE
A. The General Manager may authorize family death leave with pay for a Regular
Employee when needed due to the death of his /her legal spouse, putative spouse,
parent, child (natural or adopted), stepchild, grandparent, grandchild, brother,
sister, mother -in -law, father -in -law, or the death of any child or close relative who
resided with the Employee at the time of death.
B. Such absence for family death shall be limited to time which is definitely required
and shall not exceed 40 hours for any one death unless the death is that of a
spouse or child, in which case the Employee may take an additional 40 hours of
vacation, sick, or accrued compensatory time off (CTO), at the discretion of the
General Manager. The General Manager may require documentation to approve
such family death leave.
SECTION 25. JURY DUTY LEAVE
A. Regular Employees with the District who have been summoned or subsequently
selected to serve on a jury in a court of law shall receive their regular rate of
compensation for normal work hours and days or shifts during such absences.
Should jury duty fall on a regularly scheduled day off, Employee will not be
compensated by District for that time.
The check received from jury duty on a scheduled work day must be endorsed and
forwarded to the District, which will deduct the mileage compensation and return
that amount.
B. Employees on jury duty are required to:
1. Report to his /her work location when there are at least two (2) hours
available for actual work time between his /her scheduled starting time and
the time he /she is required to report to the court (exceptions require the
immediate supervisor =s approval);
2. Report back to his /her work location if he /she is released early and there are
at least two (2) hours available for actual work time (not including travel
time). Exceptions require the immediate supervisor's approval;
3. Obtaining attendance slips from the court certifying actual dates of service,
WC
may be required, at the discretion of the General Manager, for verification of
jury duty leave.
C. It is the Employee's obligation to notify his /her supervisor, in writing, as soon as
he /she has been called for jury duty and the date for reporting.
SECTION 26. MILITARY ABSENCE
A. Specific calendar period of military leave shall be established for Employees who
are granted leave pursuant to the Military and Veterans Code. Such period of
military leave shall include the ordered or expected period of active duty and
reasonable travel time connected therewith. An Employee who does not return
within the period of approved military leave shall not be granted any benefits and
privileges which are required by the Military and Veterans Code.
B. This section is intended to set forth those mandatory provisions of the Military and
Veterans Code which are most frequently applicable to District Employees who
enter the military service.
SECTION 27. HEALTH, LIFE, AND PENSION BENEFITS
The District will provide medical, dental, vision, life insurance and long term disability
benefits to all eligible Employees and their eligible dependents including Registered
Domestic Partners, in accordance with the following terms and provisions.
A. Eli ibilit
1. Regular Full -time Employees who work (or receive paid leave for) a
minimum of 80 hours per month will receive full accrual /pay for holiday,
sick leave, vacation, and compensatory time, and are eligibility for full
participation in the District's health insurance benefits programs and
pension plan.
2. Regular Full -time Employees who work (or receive paid leave for) less
than 80 hours per month due to medical leave or layoff will receive
proportional accrual /pay for holiday, sick leave, vacation, and
compensatory time. At such time that a Regular Full -time Employee
works, or receives paid leave for less than 80 hours per month, health
insurance benefits will be continued for a period of three months
(beginning on the first of the month following the first month of reduced
hour status).
3. Regular Full -time Employees who are on unpaid leave of absence will
20
receive no accrual /pay for holiday, sick leave, or vacation leave. Health
insurance benefits will be continued for a period of three months,
beginning on the first of the month following the first month of unpaid
leave status.
4. Each Eligible Employee as defined above, their eligible dependents or
their Registered Domestic Partner as defined by California state laws,
shall be provided with hospitalization, prescription drug, medical and
dental insurance coverage in conjunction with the District's self- insured
plan.
B. Health Insurance Benefits
First and foremost, the District and the Management Group desire employees and
their families to maintain good health by encouraging personal responsibility, while
utilizing insurance resources efficiently. In order to promote a wellness culture in
the workplace, the health insurance plan will provide incentives to maintain the
current level of benefits. Employees are encouraged to carefully read and refer to
the Plan Document for the details of all the benefits listed in this section.
1. The District will fully fund and maintain the same or greater level of health
and welfare benefits provided under the self - insured plan as listed in the Plan
Documented dated 111/07 111108 for the term of this Memorandum of
Understanding. The District agrees that Management Staff will
participate in discussions with ioint labor - management Benefits
Committee in preparation for the Union contract renewal.
2. Each Employee has accepted and received a copy of the plan booklet
outlining benefits in effect as of the date of this Memorandum of
Understanding. The District agrees to use the meet and confer process for
any proposed changes to the level of benefits.
3. As with all provider organizations, the District cannot guarantee that all health
care providers participating in the self- insured plan provider organization as
of 1/1/08, will continue to participate in the self- insured plan provider
organization in the future.
Health Insurance Wellness Program
Employees are encouraged to be proactive in seeking out medical testing
and wellness information for the prevention and early diagnosis of potential
illnesses. When employees and their eligible dependents follow the
recommended Wellness Program Guidelines (as described in the Health
Insurance Plan Document), annual deductibles, co -pays, and out -of- pocket
limits will remain at the same level as when the self insured plan was initially
implemented. If the employee and /or the eligible dependents fail to
21
participate in the recommended Wellness Program Guidelines, they will be
subject to higher deductibles, co -pays and out -of- pocket maximums.
Prescription Program — Every employee is encouraged to utilize the
prescription program in the most cost - efficient manner. The prescription
program will provide financial incentives to utilize generic and mail order
prescriptions whenever possible. Higher co -pays will be charged for brand
name prescriptions and for not utilizing the mail order service for
maintenance medications unless there is no generic available, and a
medically necessary waiver is obtained from the doctor.
Dental Insurance — Employees and their eligible dependents are encouraged
to obtain their routine dental exams and cleanings twice per year, which are
provided in accordance with the Health Insurance Plan Document.
Beginning in 2008, employees complying with the Preventive Dental Program
outlined in the Plan Document will maintain the current level of benefits
payable for Major Dental care. If the Preventive Dental Program is not
followed, Major dental care will be paid at a lower co- insurance percentage.
5. The District will contract out to a third party matters pertaining to claim
determinations, including the filing of claims and review of claim denials,
except that the District may be consulted on matters involving potential
exceptions to plan exclusions, or review of claim denial appeals. Information
pertaining to medical condition and treatment will not be disclosed to any
District employee, except when agreed to by the employee or necessary in
connection with a determination of potential exceptions to plan exclusions or
review of claim denial appeals.
6. When requested by an employee, the Human Resources Director will
provide Claims assistance for an employee, upon written authorization for
same. Such claims assistance may include verifying accuracy of claims
processing, verification for amount(s) owed by employee to provider, and
clarification of benefits under the applicable Plan Document(s).
6. Except for the District' obligation to provide health and welfare insurance
coverage in a manner consistent with this section, matters pertaining to the
health and welfare plan, including but not limited to eligibility determinations
and the denial or processing of claims, are not subject to the grievance
procedure under this Memorandum.
C. Ancillary Benefits
Vision care, which includes coverage for exams, glasses and /or contacts,
will be provided for the Employee and their dependent(s) through the most
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cost - effective program available to the District (ACWA's pooled participation
in Vision Service Plan, Inc., as of the date of this MOU).
2. Life insurance will be provided in the amount of one -times annual earnings to
a maximum of $200,000, for the Employee, with an additional benefit of
$5,000 for spouses and $2,500 for dependent children.
3. Short- Term /Long -Term Disability (STD /LTD) Benefits will be provided to
Employee. If level of benefits becomes unavailable in the insurance
industry, the District will provide the most equivalent, cost - effective plan
available, subject to the meet and confer process.
D. In the event Employee becomes disabled under the terms of the long -term disability
plan, District agrees to pay 100% of all premiums related to the above benefits
health, vision, life, LTD) in order to continue the same level of benefits for
Employee, based on the following schedule: one year of paid premiums for every
two years of employment, up to a maximum of five years of paid premiums. Any
change in insurance coverage for the Management Staff shall also be effective as
coverage paid for Employee during the five year period noted above.
E. In the event of accident, illness, or layoff of any employee with ninety (90) days or
more of employment, the District will continue the monthly payments for all benefits
for the Employee and his /her dependents for a period of three (3) months.
F. Pension Benefits The District agrees to maintain the contract between California
Public Employees' Retirement System (CaIPERS) and the South Tahoe Public
Utility District for the Miscellaneous Plan 2.7% at Age Fifty -five (2.7% @ 55)
Supplemental Formula, Zero Percent (0 %) Prior Service effective July 1, 2007 and
that the District agrees to remit to Cal PERS the entire required contribution for each
eligible employee.
The District shall pay the first ten percent (10 %) of the required contribution. All
required CalPERS contributions exceeding ten percent (10 %) shall be split evenly
between the District and the employees so that the District pays one -half of the cost
exceeding ten percent (10 %), and the employees pay the remaining one -half of the
cost exceeding ten percent (10 %) via payroll deduction (pre -tax).
Should the CalPERS required contribution drop below ten percent (10 %),
employees shall be paid a bonus of one -half of the percentage below ten percent
(10 %). Such bonus shall be paid at the end of the fiscal year, or if an employee
terminates before the end of the fiscal year, the bonus'shall be prorated based on
the number of days employed by the District during the fiscal year. Should the
employees' actual contribution ever increase more than 5 %, the District and the
Management Staff agree to meet and confer.
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G. Flexible Benefits Plan
The District shall continue to provide the voluntary flexible benefits program in effect
as of December 25, 1996. District will allow additional payroll deductions for a
flexible benefits program and for other ancillary employee paid insurance programs.
Costs for administration of all aspects of the flexible benefits program shall be
equally shared by the Participants and the District.
H. Deferred Compensation Plan District shall continue to provide the voluntary
Deferred Compensation program in effect as of the date of this Memorandum of
Understanding. District will allow payroll deductions for such Deferred
Compensation program in accordance with applicable law. The Deferred
Compensation Plan will allow participant loans from individual accounts, with a loan
maturity date consistent with the Deferred Compensation Plan provider's loan
procedures. Great West, for example allows mortgage loans for a period not to
exceed fifteen years.
H.. Any material change in benefits that is caused by District action shall require re-
negotiation of this MOU.
SECTION 28. CODE OF CONDUCT
In the interest of promoting harmonious labor relations between the District and
Employees, and to provide a positive work environment, the following Code of Conduct is
required of all District employees.
1. Code of Conduct Every employee shall exhibit behavior that encourages mutual
respect, teamwork, and positive attitudes, during their term of employment.
2. Any employee may be suspended, dismissed, demoted or otherwise disciplined for
cause including failure to abide by the above Code of Conduct, and including, but
not limited to the following:
1. Willful or persistent violation of District policies adopted by the Board of
Directors.
2. Willful failure of good conduct, tending to injure the reputation of the District.
3. Conviction of a felony.
4. Theft or attempted theft.
5. Vandalism or willful conduct which damages real or personal property.
24
6. Use of fraud, deception or misrepresentation of material facts in obtaining
employment or during the course of employment with the District.
7. Dishonesty.
8. Discourteous treatment of the public or of fellow employees.
9. Physical attack, fighting, or verbal altercations toward fellow employees or
the public, or violation of the District =s Workplace Violence Prevention
Policy.
10. Drunkenness, immoral conduct or addiction to the use of narcotics, or
violation of the District =s Drug -Free Workplace Policy or Substance Abuse
Policy, as adopted by the Board of Directors.
11. Failure to observe the requirements of the District =s Illness and Injury
Prevention Program, including failure to use seat belts in accordance with
Section 7, Assignments requiring Motor Vehicles.
12. Violation of the District =s Sexual Harassment Policy.
13. Incompetency or inefficiency.
14. Insubordination.
15. Unauthorized absences.
16. Abuse of sick leave.
17. Neglecting duty such as to prevent the Employee from achieving a
reasonable work performance in his /her position.
18. Accepting any gift or fee in connection with District work, when such gift or
fee is given in expectation of receiving favored treatment.
19. Removal of, borrowing, or use of District property, equipment, tools or
vehicles for non - District purposes without prior written authorization from the
General Manager or his /her designee.
20. Political activities engaged in by Employees and unrelated to the Employee's
position at the District during their assigned hours of employment.
21. Using or attempting to use political influence in securing promotion, leave of
absence, transfer, change of pay, or character of work.
25
22. Failure to maintain any required licenses or certifications or failure to
maintain insurability.
3. Disciplinary Measures In the event an Employee has committed one or more of the
violations set forth in Subsection A hereinabove, the General Manger may apply a
number of corrective disciplinary actions in accordance with this MOU. The action
applied includes the following:
1. Coaching /counseling;
2. Oral Warning;
3. Documented Oral Warning;
4. Written Warning;
5. Suspension Without Pay or Compensatory Time Off;
6. Termination of Employment.
The disciplinary action actually applied is within the discretion of the General
Manager, after consideration of the severity of the violation.
C. Additional Reasons for Termination
Continuing illness of a disabling nature after the exhaustion of sick leave and
leave of absence privileges where the District is unable to accommodate the
disability in accordance with Section 5.
2. Any physical or mental ailment such as to prevent the Employee from
performing the essential duties of his /her position or any other position
available for which the Employee is qualified, in accordance with Section 5.
3. Permanent inability to perform the essential functions of the Employee =s
position as set forth in Section 5.
SECTION 29. DISCIPLINARY PROCEDURE
A. Notice of Proposed Discipline
Prior to taking disciplinary action to demote, dismiss, or suspend for three work days
or more, the District shall investigate the alleged violations. Said investigation shall
include obtaining a statement and receiving information from Employee. In the
event the District finds sufficient facts to support the allegation, it shall provide the
Regular Employee with a written Notice of Proposed Disciplinary Action which shall
contain the charges, the specific factual basis for the charges, and the nature of the
proposed disciplinary action. Said notice shall inform the Employee of his /her right
to respond to the charges. The General Manager may suspend an Employee
26
without pay for periods of less than three (3) work days without being subject to the
notice requirement. Such suspension decisions of suspensions less than three
days are final.
B. Response
The Employee shall have the right to respond to the charges set forth in the Notice
of Proposed Discipline, in writing, within five (5) calendar days of receipt of said
notice. Any written response shall be delivered to the office of the General Manager
within the time allowed. The Employee shall make an appointment with the General
Manager or his /her designee for a response meeting within the time allowed. The
Employee may bring a representative of his /her choice to a response meeting.
Such representative and any District representative to be present must be identified
at least two (2) working days prior to commencement of the response meeting.
C. Disciplinary Action
After the Employee =s response is received, or if no response is received, after the
five -day period expires, the General Manager shall determine whether to proceed
with the proposed disciplinary action and will notify the Employee in writing.
D. Notice of Disciplinary Action
If the General Manager determines to proceed with the disciplinary action, a Notice
of Disciplinary Action shall be sent to the Employee by certified mail. Said notice
shall contain the charges, the factual basis for the charges, the disciplinary action
imposed, and the effective date of the action, which shall not be earlier than five (5)
work days after the Notice of Proposed Disciplinary Action was sent to the
Employee. This notice shall inform the Employee of the right to appeal the action to
binding Arbitration.
E. Apgeal
If the Employee is not satisfied with the decision of the General Manager, he /she
may request, within five (5) days of receipt of the Notice of Disciplinary Action, that
the General Manager arrange for the American Arbitration Association to provide a
list of Arbitrators from which the parties shall select one who would act as an
arbitrator in the matter. The General Manager shall request such service within ten
(10) days of Employee's request. Both the General Manager and the Employee
shall be represented at said hearing by a representative of their choice, who may be
an attorney. The General Manager shall present its case first at the hearing. Each
side shall have the right to present witnesses and documentary evidence and to
cross - examine the other party's witnesses. At the close of the hearing, the
Arbitrator has the right to affirm, deny, or modify the disciplinary action.
27
The decision of the Arbitrator shall be final and without judicial recourse, except for
the enforcement of the Arbitrator's decision.
F. Suspension Pending Action
The General Manager shall have the power to suspend the Employee, with or
without pay, during the period between the date the Notice of Proposed Disciplinary
Action is sent and the date the disciplinary action becomes effective. In the event
the Arbitrator overturns the action of the General Manager, the Employee shall be
reimbursed for any loss of pay or benefits incurred during this period.
G. Probationary Employees
Probationary Employees are not entitled to notice or hearing in the event they are
terminated during the probationary period.
H. Other Disciplinary Action
This section shall not apply to suspensions of less than three days or any
disciplinary actions not set forth in subsection A above.
Employee Rights
The Employee retains all rights that may be conferred by Government Code 1 3500,
et.seg.
SECTION 30. GRIEVANCE PROCEDURE
This grievance procedure shall be used to process and resolve grievances arising under
this Memorandum of Understanding.
A. Definitions
A grievance is a complaint of one or a group of Employees, involving the
interpretation, application, or enforcement of the express terms of this
Memorandum of Understanding.
2. As used in the procedure, the term "working days" shall mean days on which
the District office is open.
3. As used herein, the definition of a Grievance excludes appeals of disciplinary
actions which are covered under Section 29, above.
W
B. Time Limits
Each party involved in a grievance shall act quickly so that the grievance may be
resolved promptly. Every effort should be made to complete action within the time
limits contained in the grievance procedure but, with the written consent of all
parties, the time limitation for any step may be extended.
C. Employee Rights
The Employee retains all rights that may be conferred by Government Code section
3500, et seg
D. Informal Discussion
1. The grievance initially shall be discussed by meeting and conferring with the
General Manager with the intent of informally resolving the issue. Within two
(2) working days, the General Manager shall give a decision or response.
2. If an informal grievance does not resolve the issue to the satisfaction of the
grievant, or if there is reason to bypass the informal step, a formal grievance
may be initiated. A formal grievance may be initiated no later than:
a. Five (5) working days after the event or circumstances occasioning
the grievance; or
b. Within three (3) working days of the decision rendered in the informal
grievance procedure, whichever is later.
E. Formal Grievance
1. A formal grievance shall be initiated in writing and shall be filed with the
General Manager.
2. Within five (5) work days after the initiation of the formal grievance, the
General Manager shall investigate the grievance and give a decision in
writing to the grievant.
F. Appeal of Formal Grievance
If the grievant is not satisfied with the decision rendered, he /she may appeal
the decision in writing within five (5) work days, referring the matterto binding
arbitration.
29
2. An impartial arbitrator shall be selected from a list provided by the California
State Mediation and Conciliation Service or the American Arbitration
Association. The arbitrator shall be selected jointly by the parties within ten
0 0) work days of receipt of the written demand.
3. The arbitrator shall have no authority to add to, delete, or alter any provisions
of this MOU, but shall limit his /her decision to the application and
interpretation of its provisions. The decision of the Arbitrator shall be final.
4. The fees and expenses of the arbitrator, if required by the arbitrator, shall be
shared equally by the parties. Any fees, expenses, or other costs, including
a reporter, shall be paid by the requesting and incurring party.
5. The District agrees that Employees shall not suffer loss of compensation for
time spent as a witness at arbitration hearing held pursuant to this MOU,
however District will not pay for any loss in compensation suffered by any
grievant in attending or testifying at the hearing unless the arbitrator
determines the grievant has prevailed at the hearing.
SECTION 31. DISTRICT RIGHTS
Except as otherwise specifically provided in this Memorandum of Understanding, the
District has the sole and exclusive right to exercise all authority, rights, or functions of a
public employer. It is agreed that all rights, powers, or authority vested in the District,
except those specifically abridged, delegated, deleted, or modified by the express terms of
this Memorandum of Understanding, are retained by the District. The District expressly
retains the complete and exclusive authority, right, and power to manage its operations and
to direct its Employees, except as the terms of this Memorandum of Understanding
specifically limit such authority, rights, and powers. These retained authorities, rights, and
powers include, but are not limited to, the right to hire, classify, promote, designate,
discipline, evaluate, review, and discharge Employees, schedule work as needed,
determine levels of staffing, maintain order and efficiency, supervise and direct Employees
in the performance of their duties, set standards to ensure proper and efficient use of the
work force and equipment, determine qualifications and abilities, and establish and
evaluate the merits, necessity, and /or organization of any service or activity currently
offered or offered at any time hereafter by the District. It is understood the General
Manager shall carry out the foregoing and the Board shall not directly assign tasks to
Employees.
SECTION 32. ENTIRE AGREEMENT
This Memorandum of Understanding constitutes the entire agreement between the parties
and includes meeting and conferring on any subject, except as provided herein, or as
30
otherwise mutually agreed upon, whether included in this Memorandum of Understanding
or not. It is agreed that the terms and conditions of the Memorandum of Understanding
itself shall constitute the whole agreement between the parties thereto and that the terms
and conditions of this Memorandum of Understanding shall supersede all proposals,
conversations, oral or written agreements constituting any portion of the meet and confer
process or any other discussion leading up to the Memorandum of Understanding. The
parties agree that no agreement was reached on other matters discussed and that the
District is not obligated to make any changes or take any action regarding them. No
alteration or variation of the terms of this Agreement shall be valid unless made in writing
and signed by the parties hereto and no oral understanding or agreement not incorporated
herein shall be binding on the parties, except that Employees shall have all rights accorded
them under the provisions of State of California and Federal labor laws.
SECTION 33. SEPARABILITY OF SECTIONS
If any section, subsection, paragraph, sentence, clause, or phrase of this MOU shall, for
any reason, be held invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portion of this Memorandum of
Understanding, it being hereby expressly provided that this MOU and each section,
subsection, paragraph, sentence, clause, or phrase hereof would have been adopted
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases shall be declared invalid or unconstitutional.
SECTION 34. TERM OF AGREEMENT
The parties agree that this Memorandum of Understanding shall stay in full force and effect
through danuaFy 6,, . January 5. 2011
SECTION 35. NO STRIKE AGREEMENT
During the term of this Memorandum of Understanding, it is agreed that there shall be no
strike by the Employees nor lockout by the employer.
31
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Date Adopted by Board:
Mary Lou Mosbacher Richard H. Solbrig
President, Board of Directors General Manager /Engineer
ATTEST: Kathleen A. Sharp, Clerk of the Board
MANAGEMENT STAFF OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
No Bergsohn, Hydro - geologist
Hal Bird, Land Application Manager
Linda Brown, Purchasing Agent
Dennis Cocking, District Information Officer
Lisa Coyner, Customer Service Manager
Debbie Henderson, Accounting Manager
Jim Hoggatt, Engineering Department Manager
Paul Hughes, Chief Financial Officer
Nancy Hussmann, Human Resources Director
Ross Johnson, Manager of Plant Operations
Terry Powers, Laboratory Director
Julie Ryan, Senior Engineer
Paul Sciuto, Assistant General Manager /Engineer
Kathy Sharp, Executive Services Manager
Carol Swain, Information Systems Manager
John Thiel, Principal Engineer
32
PAYMENT OF CLAIMS
FOR APPROVAL
October 15, 2009
Payroll 10/7/09 429,561.63
Total Payroll 429,561.63
BNY Western Trust Company 0.00
CDS- health care payments 313,923.67
Brownstein /Hyatt/Farber /Schreck legal services 19,407.41
Bank of America 0.00
Union Bank 0.00
Total Vendor EFT 333,331.08
Accounts Payable Checks -Sewer Fund 236,742.37
Accounts Payable Checks -Water Fund 533,690.44
Accounts Payable Checks -Self- funded Insurance 0.00
Accounts Payable Checks- Grants Fund 19,560.00
Total Accounts Payable 789,992.81
Grand Total 1,552,885.52
Payroll
EFTs & Checks
10/7/09
EFT
AFLAC Medical & Dependent Care
469.27
EFT
CA Employment Taxes & W/H
17,473.59
EFT
Federal Employment Taxes & W/H
92,876.35
EFT
CaIPERS Contributions
72,945.69
EFT
Great West Deferred Comp
16,385.85
CHK
Stationary Engineers Union Dues
2,394.02
EFT
United Way Contributions
156.00
EFT
Employee Direct Deposits
217,558.69
CHK
Employee Garnishments
1,183.19
CHK
Employee Paychecks
8,118.98
Total
429,561.63
-127-
Vendor Name
3T EQUIPMENT CO
Department / Proi Name
EQUIPMENT REP
PAYMENT OF CLAIMS
Description Acct# / Pyol Code
AUTOMOTIVE 1005 - 6011
Amount Check Num
261.61
Check Total: 261.61 AP-00073934 MW
Tym
ADVANTAGE LASER PRODUCTS INC FINANCE OFFICE SUPPLIES 1039 - 4820 156.00
ADVANTAGE LASER PRODUCTS INC FINANCE OFFICE SUPPLIES 2039 - 4820 156.00
Check Total: 312.00 AP-00073935 MW
AECOM USA INC ENGINEERING - REPL GEN, LPPS REPL GEN LPPS 1029 - 8933 - RGLPPS 72,323.65
Check Total: 72,323.65 AP-00073936 MW
AHERN RENTALS HEAVY MAINT SHOP SUPPLIES 1004 - 6071 204.46
Check Total: 204,46 AP-00073937 MW
ALL ELECTRIC MOTORS INC ELECTRICAL SHOP RBLD MT/PMP LPPS 1003 - 8095 14,941.94
Check Total: 14,941.94 AP-00073938 MW
ALLEN, LEONA CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 800.00
Check Total: 800.00 AP-00073939 MW
ALPEN SIERRA COFFEE GEN & ADMIN OFC SUPPLY ISSUE 1000 - 6081 231.50
I Check Total: 231.50 AP-00073940 MW
1.-.
AM; :CAN CHEMICAL. SOCIETY LABORATORY DUES/MEMB/CERT 1007 - 6250 75.00
AMERICAN CHEMICAL SOCIETY LABORATORY DUES/MEMB/CERT 2007 - 6250 75.00
AMERIGAS GEN & ADMIN PROPANE
AMERIPRIDE UNIFORM SERVICES GEN & ADMIN UNIFORM PAYABLE
ASHE, STEVE CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE
Check Total: 150.00 AP MW
1000 - 6360 609.64
Check Total: 609.64 AP-00073942 MW
1000 - 2518 1,070.86
Check Total: 1,070.86 AP-00073943 MW
2038 - 6660 - WCPROG 800.00
Check Total: 800.00 AP-00073944 MW
AT&T GEN & ADMIN TELEPHONE 1000 - 6310 294.50
AT&T GEN & ADMIN TELEPHONE 2000 - 6310 294.50
Check Total: 589.00 AP MW
AT&T MOBILITY UNDERGROUND REP TELEPHONE 1001 - 6310 8.80
AT&T MOBILITY ELECTRICAL SHOP TELEPHONE 1003 - 6310 4.40
AT&T MOBILITY LABORATORY TELEPHONE 1007 - 6310 9.08
AT&T MOBILITY ENGINEERING TELEPHONE 1029 - 6310 11.51
User: THERESA
Page: 1 Current Date: 10/08/2009
Report: OH_PMT_CLAIMS_BK Current Time: 09:14:02
PAYMENT OF CLAIMS
Vendor Name Department / Prol Name Description Acct# / Proi Code Amount Check Num Tvoe
AT &T MOBILITY UNDERGROUND REP TELEPHONE 2001 - 6310 8.80
AT &T MOBILITY ELECTRICAL SHOP TELEPHONE 2003 - 6310 4.40
AT &T MOBILITY LABORATORY TELEPHONE 2007 - 6310 9.07
AT &T MOBILITY ENGINEERING TELEPHONE 2029 - 6310 11.50
Check Total: 67.56 AP-00073945 MW
AT &T /CALNET 2 GEN & ADMIN TELEPHONE 1000 - 6310 466.38
AT &T /CALNET 2 GEN & ADMIN SIGNAL CHARGES 1000 - 6320 32.12
AT &T /CALNET 2 PUMPS TELEPHONE 1002 - 6310 166.34
AT &T /CALNET 2 GEN & ADMIN TELEPHONE 2000 - 6310 466.37
AT &T/CALNET 2 PUMPS TELEPHONE 2002 - 6310 119.01
Check Total: 1,250.22 AP -00073946 MW
AWARDS OF TAHOE ADMINISTRATION INCNTV & RCGNTN 1021 - 6621 17.57
AWARDS OF TAHOE ADMINISTRATION INCNTV & RCGNTN 2021 - 6621 17.56
Check Total: 35.13 AP- 00073948 MW
AWWA CAL -NEV SECTION LABORATORY DUES /MEMB /CERT 2007 - 6250 65.00
1
n.) Check Total: 65.00 AP -00073949 MW
■■
BARNEY, JOY CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 4,143.00
Check Total: 4,143.00 AP- 00073950 MW
BENTLY AGROWDYNAMICS OPERATIONS SLUDGE DISPOSAL 1006 - 6652 2,560.74
Check Total: 2,560.74 AP -00073951 MW
BING MATERIALS UNDERGROUND REP PIPE /CVRS /MHLS 2001 - 6052 4,323.83
Check Total: 4.323.83 AP -00073952 MW
BRUN, KARL R.A. EQUIPMENT REP SMALL TOOLS 1005 - 6073 2.72
BRUN, KARL R.A. EQUIPMENT REPAIR SMALL TOOLS 2005 - 6073 2.71
Check Total: 5.43 AP -00073953 MW
BUTZ, GARTH UNDERGROUND REP TRAVEL/MEETINGS 2001 - 6200 110.00
Check Total: 110.00 AP -00073954 MW
CALIF BOARD OF EQUALIZATION UNDERGROUND REP PIPE /CVRS/MHLS 1001 - 6052 548.17
CALIF BOARD OF EQUALIZATION EQUIPMENT REP SHOP SUPPLIES 1005 - 6071 25.91
CALIF BOARD OF EQUALIZATION LABORATORY LAB SUPPLIES 1007 - 4760 78.72
CALIF BOARD OF EQUALIZATION LABORATORY OFFICE SUPPLIES 1007 - 4820 0.66
User: THERESA
Pages 2 Current Date: 10/08/2009
Report OH_PMT CLAIMS BK
- Current Time: 09:14:02
Vendor Name
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALIF BOARD OF EQUALIZATION
CALiBOARD OF EQUALIZATION
0
CAROLLO ENGINEERS
CASHMAN EQUIPMENT
CLAUDIO, ERNIE
CLAUDIO, ERNIE
COLD CREEK LLC
COZZI, JOSEPH & ANN
COZZI, JOSEPH & ANN
CREEK ENVIRONMENTAL LABS
CUSHMAN, DOUG
User: THERESA
Report: OH_PMT_CLAIMS_BK
Department / Proi Name
LABORATORY
DIAMOND VLY RNCH
CUSTOMER SERVICE
UNDERGROUND REP
ELECTRICAL SHOP
ELECTRICAL SHOP
EQUIPMENT REPAIR
LABORATORY
LABORATORY
LABORATORY
ENGINEERING
CUSTOMER SERVICE
CUSTOMER SERVICE - WTR CONS PROG
PAYMENT OF CLAIMS
Description
LABORATORY EQUIP
GROUNDS & MNTC
SHOP SUPPLIES
P1PE/CVRS/MHLS
WELLS
PUMP STATIONS
AUTOMOTIVE
LAB SUPPLIES
OFFICE SUPPLIES
LABORATORY EQUIP
MISC LIAB CLAIMS
SHOP SUPPLIES
WTR CONS EXPENSE
FINANCE SUPPLIES
FINANCE SUPPLIES
ENGINEERING - ARSENIC FACILITY ARSNC TRTMNT
EQUIPMENT REPAIR AUTOMOTIVE
BOARD OF DIR TRAVEUMEETINGS
BOARD OF DIR TRAVEUMEETINGS
GEN & ADMIN - T&M UB CASH BRD MISC INCOME
GEN & ADMIN
GEN & ADMIN
UB SUSPENSE
METER SALE
LABORATORY - ALP CO MTBE CONT MONITORING
CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE
Page: 3
Acct#I / Proi Code
1007 - 6025
1028.6042
1038 - 6071
2001 - 6052
2003 - 6050
2003 - 6051
2005 - 6011
2007 - 4760
2007 - 4820
2007 - 6025
2029 - 4520
2038 - 6071
2038 - 6660 - WCPROG
Check Total:
1039 - 6520
2039 - 6520
Check Total:
2029 - 8864 - ARSNIC
Check Total:
2005 - 6011
1019 - 6200
2019 - 6200
2000 - 3540 - TMCBUB
Check Total:
2000 - 2002
2000 - 3545
Check Total:
Check Total:
Check Total:
1007 - 6110 - ACMTBE
Check Total:
2038 - 6660 - WCPROG
Current Date: 10/08/2009
Current Thne: 09:14:02
Amount Check Num Tvoe
20.48
6.12
17.31
17.30
37.63
403.90
25.90
78.70
0.65
20.47
1.58
30.28
219.19
1,532.97 AP- 00073956 MW
54.60
54.60
109.20 AP -00073957 MW
697.75
697.75 AP -00073958 MW
464.34
464.34 AP -00073959 MW
110.00
110.00
220.00 AP- 00073960 MW
5,000.00
5,000.00 AP- 00073961 MW
266.00
311.00
577.00 AP -00073962 MW
190.00
190.00 AP -00073963 MW
4,464.00
PAYMENT OF CLAIMS
1(Earibmg Department / Proi Name Deacriotion Acct# / Prol Code Amount Check Num Type
Check Total: 4,464.00 AP -00073964 MW
CWEA UNDERGROUND REP DUES/MEMB /CERT 1001 - 6250 264.00
Check Total: 264.00 AP- 00073965 MW
DEPARTMENT OF PUBLIC HEALTH UNDERGROUND REP DUES/MEMB/CERT 2001 - 6250 90.00
Check Total: 90.00 AP -00073966 MW
DICK'S FULLER - HEAVY MAINTENANC BUILDINGS 2004 - 6041 177.20
Check Total: 177.20 AP -00073967 MW
DIVERSIFIED CONCRETE CUTTING UNDERGROUND REP - SIERRA AVE WTRLI WTLN,IN HS UPSIZ 2001 - 8905 - SIERRA 470.00
Check Total: 470.00 AP-00073968 MW
DOUGLAS DISPOSAL GEN & ADMIN REFUSE DISPOSAL 1000 - 6370 21.16
Check Total: 21.16 AP -00073969 MW
E- FILLIATE CORP INFORMATION SYS DIST.COMP SPPLIS 1037 - 4840 303.28
E- FILLIATE CORP INFORMATION SYS DIST.COMP SPPLIS 2037 - 4840 306.94
Check Total: 610.22 AP- 00073970 MW
EL DORADO COUNTY HEAVY MAINT BUILDINGS 1004 - 6041 329.00
ua
r Check Total: 329.00 AP- 00073971 MW
1
EMPIRE SAFETY & SUPPLY GEN & ADMIN SAFETY INVENTORY 1000 - 0425 177.96
Check Total: 177.96 AP -00073972 MW
ENTRIX INC ENGINEERING - SUT WELL REDRILL SUT WELL REDRILL 2029 - 8463 - RWSUTR 691.60
Check Total: 691.60 AP -00073973 MW
ETS LABORATORY MONITORING 1007 - 6110 992.25
Check Total: 992.25 AP -00073974 MW
FEDEX PUMPS PUMP STATIONS 1002 - 6051 109.41
FEDEX DIAMOND VLY RNCH - DVR NUTRIENT MG1 NIJTR MGMT PLAN 1028 - 8993 - DVRNUT 6.73
FEDEX ENGINEERING - TWIN PEAKS BS BSTR, TWN PEAKS 2029 - 7070 - TPBSTR 8.21
Check Total: 124.35 AP -00073975 MW
FERGUSON ENTERPRISES INC. PUMPS PUMP STATIONS 1002 - 6051 3.35
FERGUSON ENTERPRISES INC. PUMPS SHOP SUPPLIES 1002 - 6071 119.60
FERGUSON ENTERPRISES INC. HEAVY MAINT BIOSOL EQUP /BLDG 1004 - 6653 54.08
FERGUSON ENTERPRISES INC. PUMPS SHOP SUPPLIES 2002 - 6071 119.60
Check Total: 296.63 AP -00073976 MW
User: THERESA
Page: 4 Current Date: 10/08/2009
Report: OH_PMT_CLAIMS_BK Current Time: 09:14:02
Vendor Name
FERNALD, STEVE
GB GENERAL ENG CONTRACTOR INC
GB GENERAL ENG CONTRACTOR INC
GFS CHEMICAL
GFS CHEMICAL
GRAINGER
HASLER FINANCIAL SERVICES LLC
HASLER FINANCIAL SERVICES LLC
HENDERSON, JOEL
HIGI SIERRA BUSINESS SYSTEMS
HIGH BUSINESS SYSTEMS
HIGH SIERRA BUSINESS SYSTEMS
HIGH SIERRA BUSINESS SYSTEMS
HIGH SIERRA BUSINESS SYSTEMS
HIGH SIERRA BUSINESS SYSTEMS
HIGH SIERRA BUSINESS SYSTEMS
HUGHES, PAUL
HUGHES, PAUL
HUSSMANN, NANCY
HUSSMANN, NANCY
Incline Village GID
User: THERESA
Report: OH_PMT_CLAIMS_BK
Department / Proi Name Description
CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE
DIAMOND VLY RNCH - HARVEY CHANNEL PAVE HPD
UNDERGROUND REP PIPE/CVRS/MHLS
LABORATORY
LABORATORY
GEN & ADMIN
CUSTOMER SERVICE
CUSTOMER SERVICE
OPERATIONS
LABORATORY
ADMINISTRATION
ENGINEERING
LABORATORY
ADMINISTRATION
ENGINEERING
FINANCE
FINANCE
HUMAN RESOURCES
HUMAN RESOURCES
GEN & ADMIN - USFS GRNT ADMIN
PAYMENT OF CLAIMS
LAB SUPPLIES
LAB SUPPLIES
SHOP SUPPLY INV
EQUIP RENT /LEASE
EQUIP RENT /LEASE
CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE
SERVICE CONTRACT
SERVICE CONTRACT
SERVICE CONTRACT
SERVICE CONTRACT
SERVICE CONTRACT
SERVICE CONTRACT
SERVICE CONTRACT
TRAVEL/MEETINGS
TRAVEL/MEETINGS
TRAVEL/MEETINGS
TRAVEL/MEETINGS
SUSPENSE
Acct i Proi Code
2038 - 6660 - WCPROG
Check Total:
1028 - 8068 - HARVEY
2001 - 6052
1007 - 4760
2007 - 4760
1000 -0421
1038 - 5020
2038 - 5020
1006 - 6030
1007 - 6030
1021 - 6030
1029 - 6030
2007 - 6030
2021 - 6030
2029 - 6030
1039 -6200
2039 - 6200
1022 - 6200
2022 - 6200
Check Total:
Check Total:
Check Total:
Check Total:
2038 - 6660 - WCPROG
Check Total:
Check Total:
Check Total:
Check Total:
2000 - 2504 - SMOKEY
Check Total:
Page: 5 Current Date: 10/08/2009
Current Time: 09:14:02
Amount
1,366.00
1,366.00
7,161.00
14,302.50
Check Num Ism
AP -00073977 MW
21,463.50 AP -00073978 MW
51.40
73.27
124.67 AP -00073979 MW
82.21
82.21 AP-00073980
123.70
123.70
303.05
MW
247.40 AP- 00073981 MW
303.05 AP -00073982 MW
41.87
20.93
189.56
156.61
20.93
189.55
156.60
776.05 AP- 00073983 MW
41.00
41.00
82.00 AP-00073984 MW
100.00
100.00
200.00 AP -00073985 MW
199,894.64
199,894.64 AP- 00073986 MW
Vendor Name
INTERSTATE SAFETY & SUPPLY
JOHNSON, DAVID P
JOHNSON, DAVID P
KELLEY EROSION CONTROL INC
KIMBALL MIDWEST
KLEINFELDER INC
KTHO RADIO
KTHO RADIO
r
w
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
User: THERESA
Report: OH_PMT_CLAIMS_BK
B;lll� .nt / Proi NaN Description
GEN & ADMIN SHOP SUPPLY INV
CUSTOMER SERVICE TRAVEUMEETINGS
CUSTOMER SERVICE TRAVEUMEETINGS
EXPORT PIPELINE - B LINE REVEG
HEAVY MAINT
OPERATIONS
DIO - PR EXP- EXTERNAL
DIO - PR EXP- EXTERNAL
UNDERGROUND REP
PUMPS
PUMPS
PUMPS
HEAVY MAINT
EQUIPMENT REP
EQUIPMENT REP
EQUIPMENT REP
DIAMOND VLY RNCH
UNDERGROUND REP
UNDERGROUND REP
UNDERGROUND REP
PUMPS
PUMPS
PUMPS
HEAVY MAINTENANC
PAYMENT OF CLAIMS
BLINE REVEG
SHOP SUPPLIES
SPECIAL REPORTS
PUB RELATIONS
PUB RELATIONS
SMALL TOOLS
BUILDINGS
PUMP STATIONS
SMALL TOOLS
SHOP SUPPLIES
AUTOMOTIVE
GENERATORS
SHOP SUPPLIES
GROUNDS & MNTC
MOBILE EQUIP
PIPE /CVRS/MHLS
SMALL TOOLS
BUILDINGS
PUMP STATIONS
SMALL TOOLS
BUILDINGS
Page: 6
AccUP / Proi Code
1000 - 0421
1038 - 6200
2038 - 6200
1004 - 6071
1006 - 4460
Check Total:
Check Total:
9098 - 8736 - BLNVEG
Check Total:
Check Total:
Check Total:
1027 - 6620 - PREEXT
2027 - 6620 - PREEXT
Check Total:
1001 - 6073
1002 - 6041
1002 - 6051
1002 - 6073
1004 - 6071
1005 - 6011
1005 - 6013
1005 -6071
1028 - 6042
2001 - 6012
2001 - 6052
2001 - 6073
2002 - 6041
2002 - 6051
2002 - 6073
2004 - 6041
Current Date: 10/08/2009
Current Time: 09:14:02
Amount Check Num Tune
1,071.94
1071.94 AP -00073987 MW
184.50
184.50
369.00 AP-00073988 MW
19,560.00
19,560.00 AP-00073989 MW
251.43
251.43 AP- 00073990 MW
1,485.12
1.485.12 AP -00073991 MW
462.50
462.50
925.00 AP -00073992 MW
41.06
4.18
-21.75
6.01
12.60
1,776.97
610.34
10.38
54.69
68.38
69.03
153.24
4.18
-21.75
6.00
68.69
Vendor Name
LAKESIDE NAPA
LAKESIDE NAPA
LAKESIDE NAPA
LAVALLEE, SPRING
LAVALLEE, SPRING
Department / Pro' Name
EQUIPMENT REPAIR
EQUIPMENT REPAIR
EQUIPMENT REPAIR
PAYnNT OF CLAIMS
Descriotion
AUTOMOTIVE
GENERATORS
SHOP SUPPLIES
Acct# / ProI Code Amount Check Num
2005 - 6011 645.77
2005 -6013 7.11
2005 - 6071 10.37
Check Total: 3,505.50 AP- 00073994 MW
HUMAN RESOURCES TRAVEL/MEETINGS 1022 - 6200 15.00
HUMAN RESOURCES TRAVEL/MEETINGS 2022 - 6200 15.00
Check Total:
IBM
30.00 AP -00073995 MW
3,029.69
305.26
Les Schwab Tires EQUIPMENT REP AUTOMOTIVE 1005 - 6011
Les Schwab Tires EQUIPMENT REPAIR AUTOMOTIVE 2005 - 6011
Check Total: 3,334.95 AP- 00073996 MW
MAINTENANCE CONNECTION INC INFORMATION SYS SOFTWARE, CMMS 2037 - 8982 42,822.51
Check Total: 42,822.51 AP-00073997 MW
MANNA CONSULTING FINANCE ADP HR INTFC 1039 - 7582 300.00
Check Total: 300.00 AP- 00073998
MC MASTER CARR SUPPLY CO PUMPS SHOP SUPPLIES 1002 - 6071 508.45
MC MASTER CARR SUPPLY CO PUMPS SHOP SUPPLIES 2002 - 6071 508.38
MC MASTER CARR SUPPLY CO ENGINEERING - ARSENIC FACILITY ARSNC TRTMNT 2029 - 8864 - ARSNIC 472.00
Check Total: 1 AP -00073999 MW
MEEKS BUILDING CENTER PUMPS BUILDINGS 1002 - 6041 216.40
MEEKS BUILDING CENTER PUMPS SMALL TOOLS 1002 - 6073 37.67
MEEKS BUILDING CENTER HEAVY MAINT GROUNDS & MNTC 1004 - 6042 313.37
MEEKS BUILDING CENTER HEAVY MAINT EXPORT/FRCE MAIN 1004 - 6047 103.29
MEEKS BUILDING CENTER HEAVY MAINT SHOP SUPPLIES 1004 - 6071 44.12
MEEKS BUILDING CENTER UNDERGROUND REP PIPE /CVRSIMHLS 2001 - 6052 25.38
MEEKS BUILDING CENTER PUMPS BUILDINGS 2002 - 6041 216.38
MEEKS BUILDING CENTER PUMPS WELLS 2002 - 6050 1.74
MEEKS BUILDING CENTER PUMPS SMALL TOOLS 2002 - 6073 37.67
MEEKS BUILDING CENTER HEAVY MAINTENANC BUILDINGS 2004 - 6041 170.42
MEEKS BUILDING CENTER ENGINEERING - SONORA AVE WTRLN WTRLN,SNRA/SK RN 2029 - 7911 - SONORA 25.62
MEEKS BUILDING CENTER ENGINEERING - ARSENIC FACILITY ARSNC TRTMNT 2029 - 8864 - ARSNIC 140.32
Check Total: 1,332.38 AP -00074000 ' MW
MID MOUNTAIN COMMUNICATIONS UNDERGROUND REP RADIO - RPRS/RPLCM 1001 - 6056 197.37
User: THERESA
Page: 7 Current Date: 10/08/2009
Report: OH_PMT_CLAIMS_BK Current Time: 09:14:02
Vendor Name
MID MOUNTAIN COMMUNICATIONS
MID MOUNTAIN COMMUNICATIONS
MID MOUNTAIN COMMUNICATIONS
MME MUNICIPAL MAINTENANCE
MOTEL 6
MOTEL 6
MWH LABORATORIES
MWH LABORATORIES
NELS TAHOE HARDWARE
NELS TAHOE HARDWARE
NELS TAHOE HARDWARE
kn
NEVADA BLUE
NEVADA BLUE
North Tahoe PUD
OICORP
OICORP
OFFICE DEPOT
OFFICE DEPOT
OFFICE MAX
OFFICE MAX
OFFICE MAX
OFFICE MAX
User: THERESA
Report: OH_PMT_CLAIMS_BK
ent / Proi Name
ELECTRICAL SHOP
UNDERGROUND REP
ELECTRICAL SHOP
UNDERGROUND REP
PUMPS
PUMPS
LABORATORY
LABORATORY
ELECTRICAL SHOP
PUMPS
HEAVY MAINTENANC
PAYMENT OF CLAIMS
Page:
Deecriotion
RADIO - RPRS/RPLCM
RADIO- RPRS/RPLCM
RADIO- RPRS/RPLCM
PIPE /CVRS /MHLS
STANDBY ACCOMODA
STANDBY ACCOMODA
MONITORING
MONITORING
BUILDINGS
WELLS
BUILDINGS
ENGINEERING OFFICE SUPPLIES
ENGINEERING OFFICE SUPPLIES
GEN & ADMIN - USFS GRNT ADMIN SUSPENSE
LABORATORY LAB SUPPLIES
LABORATORY LAB SUPPLIES
FINANCE OFFICE SUPPLIES
FINANCE OFFICE SUPPLIES
ADMINISTRATION OFFICE SUPPLIES
CUSTOMER SERVICE OFFICE SUPPLIES
ADMINISTRATION OFFICE SUPPLIES
CUSTOMER SERVICE OFFICE SUPPLIES
Acct# / Proi Cade
1003 - 6056
2001 - 6056
2003 - 6056
1001 -6052
1002 - 6083
2002 - 6083
1007 - 6110
2007 - 6110
1003 -6041
2002 - 6050
2004 - 6041
1029 - 4820
2029 - 4820
1007 - 4760
2007 - 4760
1039 - 4820
2039 - 4820
1021 - 4820
1038 - 4820
2021 - 4820
2038 - 4820
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
2000 - 2504 - SMOKEY
Check Total:
Check Total:
Check Total:
Current Date: 10/08/2009
Current Time: 09:14:02
Amourt Check Num Tvoe
222.83
122.01
222.82
765.03 AP- 00074001 MW
745.06
745.06 AP- 00074002 MW
210.60
210.59
421.19 AP -00074003 MW
180.00
180.00
360.00 AP- 00074004 MW
3.47
34.99
42.38
80.84 AP -00074005 MW
110.50
110.50
__ 221.00 AP -00074006 MW
6,845.70
6,845.70 AP -00074007 MW
489.37
489.37
978.74 AP -00074008 MW
32.91
32.86
65.77 AP -00074009 MW
26.64
33.20
26.61
37.21
Vendor Name
OLD REPUBLIC TITLE CO
ONTRAC
ONTRAC
ONTRAC
ONTRAC
ONTRAC
ONTRAC
ONTRAC
ONTRAC
ONTRAC
PAPA Membership
PAR6MASTER DIV OF NCH CORP
POWERS, TERENCE H
POWERS, TERENCE H
PRATT, ROGER
PRAXAIR 174
PRAXAIR 174
PRAXAIR 174
PRAXAIR 174
PRAXAIR 174
PRO LEISURE
PRO LEISURE
User: THERESA
Report: OH_PMT_CLAIMS_BK
PAYMENT OF CLAIMS
Desoriotton
ENGINEERING - IROQUOIS BSTR ST BSTR STN IROQ
Department / Prot Name
LABORATORY -
LABORATORY -
LABORATORY
ENGINEERING
LABORATORY
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
DIAMOND VLY RNCH
EQUIPMENT REP
LABORATORY
LABORATORY
PUMPS
HEAVY MAINT
LABORATORY
PUMPS
LABORATORY
ADMINISTRATION
ADMINISTRATION
ALP CO MTBE CONT
IND CRK RES MONT
- EFFLUENT EVAL
- ANGORA TNK REPI.
- TWIN PEAKS BS
- SONORA AVE WTRLN
- ARSENIC FACILITY
POSTAGE EXPENSES
POSTAGE EXPENSES
POSTAGE EXPENSES
REP EXP PUMPS
POSTAGE EXPENSES
TANK, ANGORA
BSTR, TWN PEAKS
WTRLN,SNRA/SK RN
ARSNC TRTMNT
DUES/MEMB /CERT
SHOP SUPPLIES
TRAVELIMEETINGS
TRAVELIMEETINGS
CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE
SHOP SUPPLIES
SHOP SUPPLIES
LAB SUPPLIES
SHOP SUPPLIES
LAB SUPPLIES
INCNTV & RCGNTN
INCNTV & RCGNTN
Page: 9
Acc$/ Proi Code
2029 - 8967 - IQBSTR
1007 - 4810 - ACMTBE
1007 - 4810 - INDIAN
1007 -4810
1029 - 8676 - EFFLEV
2007 - 4810
2029 - 7064 - ANGOTK
2029 - 7070 - TPBSTR
2029 - 7911 - SONORA
2029 - 8864 - ARSNIC
Check Total:
1028-6250
1005 -6071
1007 - 6200
2007 - 6200
2038 - 6660 - WCPROG
1002 - 6071
1004 -6071
1007 - 4760
2002 - 6071
2007 - 4760
1021 - 6621
2021 - 6621
Check Total:
Check Total: 131,024.55 AP- 00074011 MW
7.50
13.50
18.75
34.00
245.30
10.00
51.50
6.00
5.50
Check Total:
Check Total:
Check Total:
Check Total: 1.120.00 AP- 00074016 MW
185.36
233.34
57.63
185.36
57.62
Check Total: 719.31 AP- 00074017 MW
4.35
4.35
Check Total:
Current Date: 10/08/2009
Current Time: 09:14:02
Amount Check Num Tvoe
123.66 AP- 00074010 MW
131,024.55
392.05 AP-00074012 MW
40.00
40.00 AP-00074013 MW
310.28
310.28 AP- 00074014 MW
61.60
61.60
123.20 AP -00074015 MW
1,120.00
8.70 AP -00074018 MW
Vendor Name
R.F. MACDONALD COMPANY
RASMUSSEN, ALICE ANN
RED WING SHOE STORE
RED WING SHOE STORE
REDWOOD PRINTING
RILEY, FRANK
ROOTX
SAWTOOTH SNOW & ICE LLC
SCOnYS HARDWARE
SCOITYS HARDWARE
SCOTTYS HARDWARE
SCOTTYS HARDWARE
SCOTTYS HARDWARE
SCOTTYS HARDWARE
SCOTTYS HARDWARE
SCOTTYS HARDWARE
SCOTTYS HARDWARE
SHERWIN - WILLIAMS
SIANO, CHRIS
SIEMENS WATER TECHNOLOGIES
SIEMENS WATER TECHNOLOGIES
User: THERESA
Report: OH PMT CLAIMS BK
Department / Proi N ame
PUMPS
CUSTOMER SERVICE
DIAMOND VLY RNCH
UNDERGROUND REP
ENGINEERING - WT METERING PRJ WTR METERING/NEW
CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE
UNDERGROUND REP
EQUIPMENT REPAIR
UNDERGROUND REP
ELECTRICAL SHOP
DIAMOND VLY RNCH
CUSTOMER SERVICE
UNDERGROUND REP
PUMPS
HEAVY MAINTENANC
EQUIPMENT REPAIR
CUSTOMER SERVICE
HEAVY MAINTENANC
OPERATIONS
LABORATORY
LABORATORY
PAYMENT OF CLAIMS
PUMP STATIONS
- WTR CONS PROG WTR CONS EXPENSE
SAFETY /EQUIP /PHY
SAFETY/EQUIP /PHY
PIPE /CVRS /MHLS
AUTOMOTIVE
SMALL TOOLS
SHOP SUPPUES
GROUNDS & MNTC
SHOP SUPPLIES
SMALL TOOLS
PUMP STATIONS
BUILDINGS
AUTOMOTIVE
SHOP SUPPLIES
BUILDINGS
TRAVEL/MEETINGS
LAB SUPPLIES
LAB SUPPLIES
Page: 10
Acct# / Pro' Code
1002 - 6051
2038 - 6660 - WCPROG
Check Total:
1028 - 6075
2001 - 6075
2029 - 7078 - METERS
Check Total:
2038 - 6660 - WCPROG
Check Total:
Check Total:
Check Total:
1001 - 6052
2005-6011
1001 - 6073
1003 -6071
1028 - 6042
1038 - 6071
2001 - 6073
2002 - 6051
2004 - 6041
2005 -6011
2038 - 6071
2004 - 6041
1006-6200
1 007 - 4760
2007 - 4760
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Current Date: 10/08/2009
Current Time: 09:14:02
Ammo Check Nuns
1,477.83
1,477.83 AP -00074019 MW
1,078.00
1,078.00 AP -00074020 MW
257.90
203.37
Type
461.27 AP -00074021 MW
1,447.44
1,447.44 AP -00074022 MW
840.00
840.00
190.00
190.00
296.00
296.00
10.74
3.57
22.77
6.19
24.75
41.09
20.65
35.09
5.68
76.31
277.15
AP -00074023 MW
AP- 00074024 MW
AP- 00074025 MW
170.53 AP -00074026 MW
76.31 AP -00074027 MW
277.15 AP- 00074028 MW
140.00
140.00
Vendor Name
SIERRA CHEMICAL CO
SIERRA FOOTHILL LABORATORY
SIERRA NEVADA MEDIA GROUP
SIERRA NEVADA MEDIA GROUP
SIERRA NEVADA MEDIA GROUP
SIERRA NEVADA MEDIA GROUP
SIERRA NEVADA MEDIA GROUP
SIERRA NEVADA MEDIA GROUP
SIERRA NEVADA MEDIA GROUP
SIERRA PACIFIC POWER
SIER1 PACIFIC POWER
SIEFritA PACIFIC POWER
m
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
SIERRA SPRINGS
User: THERESA
Report OH_PMT_CLAIMS BK
Department / Proi Name
OPERATIONS
LABORATORY - IND CRK RES MONT MONITORING
EQUIPMENT REP
HUMAN RESOURCES
ENGINEERING - DVR ER
EQUIPMENT REPAIR
HUMAN RESOURCES
DIO - PR EXP- EXTERNAL
ENGINEERING - WT METERING PRJ
GEN & ADMIN
GEN & ADMIN
GEN & ADMIN
GEN & ADMIN
UNDERGROUND REP
PUMPS
ELECTRICAL SHOP
HEAVY MAINT
EQUIPMENT REP
OPERATIONS
DIAMOND VLY RNCH
CUSTOMER SERVICE
UNDERGROUND REP
PUMPS
ELECTRICAL SHOP
EQUIPMENT REPAIR
CUSTOMER SERVICE
PAYMENT OF CLAIMS
HYPOCHLORITE
AUTOMOTIVE
ADS/LGL NOTICES
DIAM VLY MP/ER
AUTOMOTIVE
ADS/LGL NOTICES
PUB RELATIONS
WTR METERING/NEW
ELECTRICITY 1000 - 6330
ST UGHTING EXP 1000 - 6740
ELECTRICITY 2000 - 6330
SAFETY INVENTORY 1000 - 0425
SUPPLIES 1001 - 6520
SUPPLIES 1002 - 6520
SUPPLIES 1003 - 6520
SUPPLIES 1004 - 6520
SUPPLIES 1005 - 6520
SUPPLIES 1006 - 6520
SUPPLIES 1028 - 6520
SUPPLIES 1038 - 6520
SUPPLIES 2001 - 6520
SUPPLIES 2002 - 6520
SUPPLIES 2003 - 6520
SUPPLIES 2005 - 6520
SUPPUES 2038 - 6520
Page: 11
Qtralptisn
Accts / Proi Code
1006 -4755
1007 - 6110 - INDIAN
Check Total:
Check Total:
1005 -6011
1022 - 4930
1029 - 8725 - DVREIR
2005 - 6011
2022 - 4930
2027 - 6620 - PREEXT
2029 - 7078 - METERS
Check Total:
Check Total: 390.00
32.28
510.21
245.70
32.28
510.20
245.70
169.23
1.745.60
65,854.12
1,380.81
32,373.42
Check Total: 99,608.35
482.40
31.98
2.13
10.66
31.98
10.66
31.98
10.66
10.66
31.98
8.51
10.66
10.66
10.66
Check Total:
Current Date: 10/08/2009
Current Time: 09:14:02
Amount Check Num Tvoe
280.00 AP - 00074029 MW
3,878.98
3,878.98 AP 00074030 MW
390.00
AP-00074031 MW
AP 00074032 MW
AP- 00074033 MW
695.58 AP-00074034 MW
Vendor Nae
SMITH, ALTON
SOUND STRATEGIES /OFC INC.
SOUND STRATEGIES/OFC INC.
SOUTH SIDE AUTO BODY
SOUTH SIDE AUTO BODY
SOUTH TAHOE REFUSE
SOUTH TAHOE REFUSE
SOUTHWEST GAS
SOUTHWEST GAS
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
SUBSTITUTE PERSONNEL &
TAHOE BASIN CONTAINER SERVICE
TAHOE BASIN CONTAINER SERVICE
User. THERESA
Report: OH_PMT CLAIMS BK
Deoartment / Proi Name
GEN &ADMIN - T &M UB CASH BRD
DIO
DIO
EQUIPMENT REP
EQUIPMENT REPAIR
GEN &ADMIN
GEN & ADMIN
GEN & ADMIN
GEN & ADMIN
UNDERGROUND REP
LABORATORY
DIAMOND VLY RNCH
CUSTOMER SERVICE
UNDERGROUND REP
LABORATORY
ENGINEERING - ANGORA TNK REPL
ENGINEERING - ANGORA TNK REPL
ENGINEERING - TWIN PEAKS BS
ENGINEERING - SONORA AVE WTRLN
ENGINEERING - WTRLN,AL TAHOE
ENGINEERING - ARSENIC FACILITY
ENGINEERING - WTRLN, TATA
CUSTOMER SERVICE
CUSTOMER SERVICE - WTR CONS PROG
GEN & ADMIN
OPERATIONS
PAYMENT OF CLAIMS
Page:
Qescrintion
MISC INCOME
CONTRACT SERVICE
CONTRACT SERVICE
AUTOMOTIVE
AUTOMOTIVE
REFUSE DISPOSAL
REFUSE DISPOSAL
NATURAL GAS
NATURAL GAS
CONTRACT SERVICE
CONTRACT SERVICE
CONTRACT SERVICE
CONTRACT SERVICE
CONTRACT SERVICE
CONTRACT SERVICE
TANK, COUNTRY CL
TANK, ANGORA
BSTR, TWN PEAKS
WTRLN,SNRA/SK RN
WTLN, AL TAHOE
ARSNC TRTMNT
WTRLN, TATA LN
CONTRACT SERVICE
CONTRACT SERVICE
REFUSE DISPOSAL
SLUDGE DISPOSAL
12
Acct# / Pro! Code
2000 - 3540 - TMCBUB
Check Total:
1027 - 4405
2027 - 4405
1005 -6011
2005 - 6011
1000 - 6370
2000 - 6370
1000 - 6350
2000 - 6350
1000 - 6370
1006 - 6652
Check Total:
Check Total:
Check Total:
Check Total:
1001 - 4405
1007 - 4405
1028 - 4405
1038 - 4405
2001 - 4405
2007 - 4405
2029 - 7063 - ANGOTK
2029 - 7064 - ANGOTK
2029 - 7070 - TPBSTR
2029 - 7911 - SONORA
2029 - 8811 - ATWLO8
2029 - 8864 - ARSNIC
2029 - 8866 - TATAWL
2038 - 4405
2038 - 4405 - WCPROG
Check Total:
Current Date: 10/08/2009
Current Time: 09 :14:02
Amount Check Num Tyne
411.28
411.28 AP- 00074035
49.00
49.00
MW
98.00 AP- 00074036 MW
1,981.48
22.43
2,003.91 AP- 00074037 MW
2,585.24
342.94
2 928.18 AP-00074038 MW
722.07
104.09
826.16 AP -00074039 MW
3,908.80
705.40
2,018.94
745.08
2,347.55
705.41
23.13
23.13
173.47
190.82
5.78
28.92
17.35
4,379.64
1,096.20
16,369.62 AP -00074041 MW
292.50
9,266.50
Vendor Name
Tahoe City PUD
TAHOE PARADISE CHEVRON
TAHOE TRADING POST
User: THERESA
PAYMENT OF CLAIMS
Department / Proi Name Description
Acct# / Proi Code Amount Check Num Rig
Check Total: 9,559.00 AP -00074042 MW
GEN & ADMIN - USFS GRNT ADMIN SUSPENSE
Check Total: 38,561.20 AP- 00074043 MW
UNDERGROUND REP DIESEL 1001 - 4620 49.73
Check Total: 49.73 AP- 00074044 MW
UNDERGROUND REP SAFETY/EQUIP/PHY 1001 - 6075 440.21
TAHOE TRADING POST HEAVY MAINT SHOP SUPPLIES 1004 - 6071 9.24
Check Total: 449.45 AP -00074045 MW
TAHOE VALLEY ELECTRIC SUPPLY ELECTRICAL SHOP SHOP SUPPLIES 1003 - 6071 190.86
Check Total: 190.86 AP- 00074046 MW
TRAN, XUAN - PHUONG GEN & ADMIN - T &M UB CASH BRD MISC INCOME 2000 - 3540 - TMCBUB 670.62
Check Total: 670.62 AP- 00074047 MW
TRPA ENGINEERING - ECHO TANK REPL TANK, ECHO 2029 - 8809 - ECHOTK 602.00
Check Total: 602,00 AP- 00074048 MW
U S BANK CORPORATE UNDERGROUND REP OFFICE SUPPLIES 1001 - 4820 39.13
U S TANK CORPORATE UNDERGROUND REP PIPE/CVRSIMHLS 1001 - 6052 10.00
U S ElANK CORPORATE UNDERGROUND REP TRAVEL/MEETINGS 1001 - 6200 26.25
U S BANK CORPORATE ELECTRICAL SHOP OFFICE SUPPUES 1003 - 4820 105.91
U S BANK CORPORATE HEAVY MAINT SHOP SUPPLIES 1004 - 6071 828.30
U S BANK CORPORATE HEAVY MAINT TRAVEL/MEETINGS 1004 - 6200 262.60
U S BANK CORPORATE EQUIPMENT REP TRAVEL/MEETINGS 1005 - 6200 23.24
U S BANK CORPORATE OPERATIONS OFFICE SUPPLIES 1006 - 4820 119.56
U S BANK CORPORATE OPERATIONS TRAVEUMEETINGS 1006 - 6200 32.15
U S BANK CORPORATE LABORATORY LAB SUPPLIES 1007 - 4760 233.87
U S BANK CORPORATE LABORATORY OFFICE SUPPLIES 1007 - 4820 10.86
U S BANK CORPORATE LABORATORY TRAVEUMEETINGS 1007 - 6200 98.67
U S BANK CORPORATE BOARD OF DIR TRAVEL/MEETINGS 1019 - 6200 165.00
U S BANK CORPORATE ADMINISTRATION TRAVEL/MEETINGS 1021 - 6200 55.00
U S BANK CORPORATE HUMAN RESOURCES ADS/LGL NOTICES 1022 - 4930 612.50
U S BANK CORPORATE HUMAN RESOURCES SAFETY /EQUIP/PHY 1022 - 6075 16.06
U S BANK CORPORATE HUMAN RESOURCES TRAVEUMEETINGS 1022 - 6200 24.50
U S BANK CORPORATE HUMAN RESOURCES DUES/MEMB/CERT 1022 - 6250 75.00
200D - 2504 - SMOKEY 38,561.20
Page: 13 Current Date: 10/08/2009
Report: OH_PMT_CLAIMS_BK Current Time: 09:14:02
Vendor Name
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S TANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U $ BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
User: THERESA
Report: OH_PMT CLAIMS_BKK
Department / Prol Name
HUMAN RESOURCES
DIO - PR EXP- EXTERNAL
DIAMOND VLY RNCH
DIAMOND VLY RNCH
DIAMOND VLY RNCH
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING - DVR EIR
INFORMATION SYS
CUSTOMER SERVICE
CUSTOMER SERVICE
CUSTOMER SERVICE
FINANCE
FINANCE
FINANCE
UNDERGROUND REP
PUMPS
EQUIPMENT REPAIR
LABORATORY
LABORATORY
LABORATORY
BOARD OF DIR
ADMINISTRATION
HUMAN RESOURCES
HUMAN RESOURCES
HUMAN RESOURCES
HUMAN RESOURCES
HUMAN RESOURCES
DIO
DIO - PR EXP - EXTERNAL
ENGINEERING
PAYMENT OF CLAIMS
Description
PERSONNEL EXPENS
PUB RELATIONS
GROUNDS & MNTC
TRAVEUMEETINGS
TELEPHONE
OFFICE SUPPLIES
TRAVEL/MEETINGS
SUPPLIES
DIAM VLY MP /EIR
TRAVEL/MEETINGS
OFFICE SUPPUES
SMALL TOOLS
TRAVEL/MEETINGS
OFFICE SUPPLIES
SUBSCRIPTIONS
TRAVEUMEETINGS
DUES/MEMB /CERT
WELLS
TRAVEUMEETINGS
LAB SUPPLIES
OFFICE SUPPLIES
TRAVEL/MEETINGS
TRAVEUMEETINGS
TRAVEL/MEETINGS
ADS/LGL NOTICES
SAFETY /EQUIP/PHY
TRAVEUMEETINGS
DUES/MEMB /CERT
PERSONNEL EXPENS
TRAVEL/MEETINGS
PUB RELATIONS
OFFICE SUPPLIES
Page: 14
Acct# / Proi Code
1022 - 6670
1027 -6620 PREEXT
1028 - 6042
1028 - 6200
1028 -6310
1029 - 4820
1029 - 6200
1029 - 6520
1029 - 8725 - DVREIR
1037 - 6200
1038 - 4820
1038 - 6073
1038 - 6200
1039 - 4820
1039 - 4830
1039 - 6200
2001 - 6250
2002 - 6050
2005 - 6200
2007 - 4760
2007 - 4820
2007 - 6200 .
2019 - 6200
2021 - 6200
2022 - 4930
2022 - 6075
2022 - 6200
2022 - 6250
2022 - 6670
2027 - 6200
2027 - 6620 - PREEXT
2029 - 4820
Current Date: 10/08/2009
Current Time: 09:14:02
Amount
20.28
28.64
111.60
75.70
59.99
21.46
92.44
14.88
101.61
154.00
8.62
149.00
137.52
35.46
225.00
643.90
70.00
293.00
23.24
233.86
10.86
98.66
790.00
133.41
612.50
16.06
24.50
75.00
20.27
386.70
69.09
21.45
Check Num Type
Vendor Name
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
U S BANK CORPORATE
UNITED LABORATORIES
UNITED LABORATORIES
UTILITY SERVICES ASSOC LLC
VER%0N
N
WEDCO INC
WENZL, ALEXANDRA
WESTERN ENERGETIX INC
WESTERN ENERGETIX INC
WESTERN ENERGETIX INC
WESTERN ENVIRONMENTAL
WESTERN NEVADA SUPPLY
WESTERN NEVADA SUPPLY
WESTERN NEVADA SUPPLY
WESTERN NEVADA SUPPLY
WESTERN NEVADA SUPPLY
User: THERESA
Report: OH_PMT CLAIMS_BK
Deoartment / Prof Name
ENGINEERING
ENGINEERING
INFORMATION SYS
CUSTOMER SERVICE
CUSTOMER SERVICE
CUSTOMER SERVICE
FINANCE
FINANCE
FINANCE
UNDERGROUND REP
PUMPS
UNDERGROUND REP
DIAMOND VLY RNCH
ELECTRICAL SHOP
GEN &ADMIN
GEN & ADMIN
PUMPS
LABORATORY
UNDERGROUND REP
UNDERGROUND REP
GEN & ADMIN
GEN & ADMIN
GEN & ADMIN
PAYMENT OF CLAIMS
Description
TRAVEL/MEETINGS
SUPPLIES
TRAVEL/MEETINGS
OFFICE SUPPLIES
TRAVEL/MEETINGS
- WTR CONS PROG WTR CONS EXPENSE
OFFICE SUPPLIES
SUBSCRIPTIONS
TRAVEUMEETINGS
PIPE/CVRS/MHLS
PUMP STATIONS
CONTRACT SERVICE
TELEPHONE
PUMP STATIONS
CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE
GASOLINE INV
DIESEL INVENTORY
OIL & LUBE
MONITORING
PIPE /CVRS /MHLS
SHOP SUPPLIES
BOXES/LIDS /INV
VALVES INVENTORY
COUPLINGS INV
Acct# / Prol Code
2029 - 6200
2029 - 6520
2037 - 6200
2038 - 4820
2038 - 6200
2038 - 6660 - WCPROG
2039 - 4820
2039 - 4830
2039 - 6200
1001 - 6052
2002 - 6051
2001 - 4405
1028 -6310
1003 -6051
1001 - 6052
1001 - 6071
2000 - 0403
2000 - 0404
2000 - 0405
Check Total:
Check Total:
Chedk Total:
Check Total:
Check Total:
Check Total:
Check Total:
Page: 15 Current Date: 10/08/2009
Current Time: 09:14:02
Amma Check Num I'm
92.43
14.88
154.00
8.61
137.52
41.73
35.45
225.00
643.88
8,850.80 AP- 00074051 MW
917.41
706.68
1.624.09 AP- 00074052 MW
5,283.00
5,283.00 AP- 00074053 MW
40.77
40.77 AP -00074054 MW
48.43
48.43 AP- 00074055 MW
2038 - 6660 - WCPROG
Check Total: 850.00 AP -00074056 MW
1000 - 0415 4,654.02
1000 - 0416 7,429.28
1002 - 4630 221.42
12,304.72 AP -00074057 MW
1007 - 6110 80.00
850.00
80.00 AP- 00074058 MW
89.23
553.22
994.35
1,908.55
2,322.38
Vondor Name
WESTERN NEVADA SUPPLY
WILSON, PATRICK
XEROX CORP
User: THERESA
Report: OH_PMT_CLAIMS_BK
PAYMENT OF CLANS
NREAmsnupissmms RstagdmIan Acct# / Prol Cock! Amount Check Num Woe
UNDERGROUND REP PIPE/CVRS/MHLS 2001 - 6052 1,223.24
Check Total: 7,090.97 AP-00074059 MW
ENGINEERING - TWIN PEAKS BS BSTR, TWN PEAKS 2029 - 7070 - TPBSTR 68.75
Check Total: 68.76 AP-00074060 MW
UNDERGROUND REP OFFICE SUPPLIES 1001 - 4820 26.77
Check Total: 26.77 AP-00074061 MW
Grand Total: 789,992.81
Page: 16 Current Date: 10/08/2009
Current Time: 09:14:02
Cven"I Manager
Rkhard H. 5ol"
10'ah En* CWudb
5 ou th .mans F. „i~
F uMIG Utility Pirotrict�
&a •
pl-
BOARD AGENDA ITEM 15a
TO: Board of Directors
FROM: Richard H. Solbrig, General Manager
MEETING DATE: October 15, 2009
ITEM — PROJECT: Conference with Legal Counsel — Existing Litigation
REQUESTED BOARD ACTION: Direct staff.
DISCUSSION: Pursuant to Section 54956.9(a) of the California Government Code,
Closed Session may be held for conference with legal counsel regarding existing
litigation: 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.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS:
CONCURRENCE WITH REQUESTED ACTION:
GENERAL MANAGER: YES
CHIEF FINANCIAL OFFICER: YES
NO
m
CATEGORY: Sewer
-145-
BOARD AGENDA ITEM 15b
TO: Board of Directors
FROM: Richard Solbrig, General Manager
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Conference with Legal Counsel — Existing Litigation
REQUESTED BOARD ACTION: Direct staff.
DISCUSSION: Pursuant to Section 54956.9(a) of the California Government code,
Closed Session may be held for conference with legal counsel regarding existing
litigation: Tahoe Asphalt, Inc., and Tahoe Asphalt Materials Company, LLC, vs. South
Tahoe Public Utility District, Civil Action No. SC20090104, Superior Court, County of El
Dorado, State of California.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS:
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-147-
O&W ma"A r
KichArd H. Sol"
bouth
e
aawtv
*00 �. jo w
�1' UN �sb�r
Pub U Dietrict
BOARD AGENDA ITEM 15b
TO: Board of Directors
FROM: Richard Solbrig, General Manager
MEETING DATE: October 15, 2009
ITEM — PROJECT NAME: Conference with Legal Counsel — Existing Litigation
REQUESTED BOARD ACTION: Direct staff.
DISCUSSION: Pursuant to Section 54956.9(a) of the California Government code,
Closed Session may be held for conference with legal counsel regarding existing
litigation: Tahoe Asphalt, Inc., and Tahoe Asphalt Materials Company, LLC, vs. South
Tahoe Public Utility District, Civil Action No. SC20090104, Superior Court, County of El
Dorado, State of California.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS:
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
-147-