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HomeMy WebLinkAbout18-Water Department cln IF SII BERNARDINI- RE'IEST FIR CIINCllACTllN From: Stacey R. Aldstadt, General Manager Water Subject: Receive and File - Annual Audit of the Water Department's Water and Sewer Utilities for the Fiscal Year ending June 30,2010. Date: 1/18/2011 M&CC Meeting Date: 217/2011 Synopsis of Previous Council Action: Similar action taken each year following completion of the Annual Audit Report Recommended motion: the Mayor and Council receive and file the Annual Audit of the Water Department's Water and Sewer Utilities for llld Fiscal Year ending June 30, 2010. s(g~ tU~,4- Contact person: Stacev R. Aldstadt. General Manaaer Phone: 384-5091 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: N/A Source:(Acct. No.) Water Department (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. / R' tJ,;L-(J7- dcJ// CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION 5T AFF REPORT Subject: Annual Audit of the Water Department's Water and Sewer Utilities for the Fiscal Year ending June 30, 2010. Background: The firm of Mayer Hoffman McCann PC, has completed the Annual Audit of the Water Department's Water and Sewer Utilities for the Fiscal Year ending June 30,2010. This report was presented to and accepted by the Board of Water Commissioners at their meeting of January 4,2011. Financial Impact: None. Recommendation: That the Mayor and Common council receive and file the completed Annual Audit of the Water Department's Water and Sewer Utilities for the Fiscal Year ending June 30, 2010. MUNICIPAL WATER DEPARTMENT OF THE CITY OF SAN BERNARDINO, CALIFORNIA FINANCIAL STATEMENTS Year ended June 30, 2010 (This page intentionally left blank) MUNICIPAL WATER DEPARTMENT OF THE CITY OF SAN BERNARDINO, CALIFORNIA FINANCIAL STATEMENTS Year ended June 30, 2010 TABLE OF CONTENTS Paqe FINANCIAL SECTION Independent Auditors' Report Management's Discussion and Analysis Basic Financial Statements: Statement of Net Assets Statement of Revenues, Expenses, and Changes in Net Assets Statement of Cash Flows Notes to Basic Financial Statements 1 5 12 15 16 18 SUPPLEMENTARY INFORMATION Other Information: Board of Water Commissioners and Organization Schedule of Water Production and Utilization Schedule of Cost of Water Production Schedule of Water and Sewer Rates Schedule of Service Area and Customers Schedule of Water System Demographics 32 32 33 34 36 36 (This page intentionally left blank.) I Mayer Hoffman McCann Re. An Independent CPA Firm 2301 Dupont Drive, Suite 200 Irvine, California 92612 949-474-2020 ph 949-263-5520 fx I www.mhm-pc.com Board of Water Commissioners Municipal Water Department of the City of San Bernardino, California INDEPENDENT AUDITORS' REPORT We have audited the accompanying financial statements of each major fund of the Municipal Water Department of the City of San Bernardino (Department), as of and for the year ended June 30, 2010, which collectively comprise the Department's basic financial statements, as listed in the table of contents. These financial statements are the responsibility of the management of the Department. Our responsibility is to express opinions on these financial statements based on our audit. The prior year summarized partial comparative information has been derived from the financial statements of the Department for the year ended June 3D, 2009 and, in our report dated January 13, 2010, we expressed an unqualified opinion on those financial statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in Note 1, the financial statements present only the financial activities of the Department and are not intended to present fairly, in all material respects, the financial position of the City of San Bernardino, California, and the results of its operations and cash flows of its proprietary fund types, in conformity with accounting principles generally accepted in the United States of America. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Department, as of June 30, 2010, and the respective changes in financial position and cash flows of the Department for the year then ended in conformity with accounting principles generally accepted in the United States of America. 1 Board of Water Commissioners Municipal Water Department of the City of San Bernardino, California Page Two The information identified in the accompanying table of contents as management's discussion and analysis is not a required part of the basic financial statements, but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opInion on the financial statements that collectively comprise the Department's basic financial statements. The schedules listed in the table of contents as supplementary information are presented for purposes of additional analysis and are not a required part of the basic financial statements. These schedules have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. In accordance with Government Auditing Standards, we have also issued a report dated December 15, 2010 on our consideration of the Department's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. ;?!*?__ I7n"t'S:;...",.~ ,/1'7,~/.c. Irvine, California December 15, 2010 2 MANAGEMENT'S DISCUSSION AND ANALYSIS 3 (This page intentionally left blank) 4 City of San Bernardino Municipal Water Deparlment Management's Discussion and Analysis For the fiscal year ending June 3D, 2010 The City of San Bernardino's Municipal Water Department (Department) is a not-far-profit water and sewer treatment utility, responsible for delivering high quality, economically priced water and sewer treatment service to a quarter of a million customers, in and around, the City of San Bernardino, California. This section of the Department's annual financial report presents managements analysis of the Department's financial performance during the fiscal year that ended on June 30, 2010. Please read it in conjunction with the basic financial statements, which follow this section. All amounts in the Management Discussion and Analysis are in thousands unless otherwise noted. Financial highlights .:. Net assets increased by $2.1 million. .:. Operating revenues increased by $667. .:. Operating expenses increased by $79. .:. Current ratio (ability to pay short term obligations) of 3.3x. .:. Cash ratio (availability of cash to meet operations) 275 days. Overview of the financial statements The discussion and analysis are intended to provide an introduction to the Department's basic financial statements. The basic financial statements are comprised of two components; (1) the Financial Statements and (2) the Notes to the Financial Statements. This report provides other supplementary information in addition to the basic financial statements. Information providing citywide financial results is available in the City's Comprehensive Annual Financial Report. These financial statements offer short-term and long-term financial information about the activities of the Department. The Statement of Net Assets (pages 12-13) includes all the Department's resources and obligations. It is a basis for assessing the capital structure, liquidity and financial flexibility of the Department. The Statement of Revenue, Expense and Change in Net Assets (page 15) measures the success of the Department's operations over the past year. It may be used to determine whether the Department has successfully recovered its costs through user fees and rates, assess profitability and credit worthiness. The Statement of Cash Flows (pages 16-17) provides information regarding cash receipts, payments and changes in cash resulting from operations during the reporting period. Finally, the Notes to the Financial Statements provide additional information essential to the full understanding of the data provided in the financial statements. Department structure The Department is comprised of two separate operating funds for the purpose of financial reporting. The Water Utility provides production, treatment and distribution of potable water for the residents and businesses located in the City of San Bernardino. The Sewer Treatment Utility operates two facflities to treat sewer discharge for the Cities of San Bernardino, Lama Linda, Highland (through the East Valley Water District) and Colton. The City of San Bernardino (through its Public Services Division) operates the sewer conveyance system and the results of that system are not included in the financial statements herein. 5 City of San Bernardino Municipal Water Department Management's Discussion and Analysis For the fiscal year ending June 30, 2010 Water Utility statement of net assets ($000) Fiscal year ended June 30, 2010 2009 2008 Assets Current, restricted & other 84,640 91,562 97,560 Net utility plant 156,146 148.126 143,254 Total assets 240,786 239,688 240,814 Liabilities Current liabilities 7,092 8,409 9,078 Long-term liabilities 80 ,866 82,118 83.672 Total liabilities 87,958 90,527 92,750 Net assets Investment in capital 139,689 133,834 130,610 Restricted 1,528 6,328 8,407 Unrestricted 11,611 8,999 9.047 Total net assets _152..8...28 149161 -1.48~ The water utility's net assets are $152,828, an increase of $3,667 during fiscal 2010. Most of the increase was in investment in capital assets which includes additions to the Utility's infrastructure purchased with capital acquisition cash, internally generated funds from operations, and the remainder of the 2007 CIEDB bond funds. Unrestricted net assets, or those funds that may be used to finance day to day operations, increased $2,612. Water Utility statement of revenue, expense and changes in net assets ($000) Fiscal year ended June 30 2010 2009 2008 Revenue Water sales 25,613 25,309 25,295 Other operating rev 2,075 1,950 2,042 Investment income 579 1,009 1,613 Non-operating rev 2,178 2,447 2,459 Capital contributions 5,830 3,919 11,398 Total revenue 36,275 34,634 42,807 Expenses Operating & Maintenance 14,991 15,808 15,470 Administration 11,552 11,902 12,494 Depreciation 5,410 5,225 4,490 Interest expense 655 602 592 Total expense 32,608 33,537 33,046 Net assets Change in net assets 3,667 1,097 9,761 Beginning balance 149,161 148,064 138,303 Net assets year end 152 828 149161 -.M8....D.64 In January 2010, the Water Utility implemented an approximate 10% increase in water rates. Although there was a reduction in consumer water consumption of 8.5% from the preceding fiscal year, the Water Utility increased water sales revenue by $304. Water recharge and water conservation components were added to rates and collections of $596 and $185, respectively, added to other operating revenues. Investment income was lower by $430 due to a reduction in interest rates. Overall operating expenses were 3% lower as the Water Utility maintained a hiring freeze, utilized beneficial time of use electric rates by pumping water to higher elevation storage during off-peak hours, and made reductions in other costs where available. 6 City of San Bernardino Municipal Water Department Management's Discussion and Analysis For the fiscal year ending June 30, 2010 Water capital assets ($000) Fiscal year ended June 30 Assets 2010 2009 2008 Land & easements 2,945 2,945 2,945 Wells & pumping 70,713 69,684 61,989 Distribution 105,916 103,973 100,339 Plant & facilities 2,642 2,520 2,317 Other capital 13,672 12,971 13,189 CWIP 21,973 12.661 15.445 Total capital assets 217,861 204,754 196,224 Accumulated Depreciation (61.715) (56.628) (52.970) Net capital assets 156 146 -.-.H.8...12fi 143 254 Total capital assets increased $13,107 in fiscal 2010. The water utility added $9,312 to construction work in process. The major ongoing construction projects include assets surrounding the local highway infrastructure improvements, largely funded by Caltrans ($3.6 million); investment in higher elevation zones, pipelines and pump stations ($3.0 million); and the new Palm 3 Reservoir ($2.7 million), Many of these projects were nearing completion at June 30, 2010 and will be added to plant and facilities in the near future. In addition, the water utility added $1,029 in well retrofit projects, $1,942 in distribution main upsizing projects and $701 in safety, efficiency and technology refated projects to fixed assets. Water debt coverage ($000) Fiscal year ended June 30 2010 2009 2008 Net profit (2,163) (2,823) (1,636) Add back: Depreciation 5,410 5,225 4,490 Amortization Interest expense 655 602 592 Other fees (Gain) 1 loss on assets ~ -.illQl 532 Cash available (a) 3,893 2,694 3,978 Senior debt CIEDB P&I 1,518 1.073 932 Total senior debt (b) 1,518 1.073 932 Subordinate debt Other debt P&I ---.f.Q --...N --...N Aggregate P & I (c) 1,538 1,152 1,011 Coverage Senior debt coverage (alb) 2.6 x 2.5 x 4.3 x Aggregate coverage (a/c) 2.5 X 2.3 X 3.9 x Water utility bond debt coverage improved slightly during the past year. This is largely a result of higher revenues generated by the rate increase implemented in February 2010 offset by a full year's debt service payment on CIEDB II. 7 City of San Bernardino Municipal Water Department Management's Discussion and Analysis For the fiscal year ending June 30, 2010 Sewer Utility statement of net assets ($000) Fiscal year ended June 30 2010 2009 2008 Assets Current & other 42,669 42,725 42,362 Net utility plant 91.409 97,100 101.763 Total assets 134,078 139,825 144,125 Liabilities Current liabilities 7,835 8,071 8,643 Long-term liabilities 27,881 31,819 35.493 Total liabilities 35,716 39,890 44,136 Net assets Investment in capital 64,378 65,794 66,282 Restricted 10,464 13,503 15,798 Unrestricted 23,520 20,638 17,909 Total net assets _llit362 _9.9..9-3.5 99,989 The sewer treatment utility's net assets are $98,362, a decrease of $1,573 during fiscal 2010. Unrestricted net assets, or those funds that may be used to finance day to day operations, increased $2,882. Net utility plant decreased $5,691 due to depreciation and the write-off of planning and feasibility studies, not utilized over the past five years. Sewer Utility statement of revenue, expense and changes in net assets ($000) Fiscal year ended June 30 2010 2009 2008 Revenue Sewer treatment sales 20,772 20,124 20,010 Other operating rev 1,653 1,084 838 Investment income 1,604 1,653 2,320 Non-operating rev (exp) (94) (87) (93) Capital contributions 496 1,278 1,865 Total revenue 24,431 24,052 24,940 Expenses Administration 5,807 3,305 4,319 Operations & maintenance 13,230 13,212 13,465 Depreciation 5,437 5,888 5,364 Interest expense 1.530 1.701 1,868 Total expense 26,004 24,106 25,016 Net assets Change in net assets (1,573) (54) (76) Beginning balance 99,935 99,989 100,065 Net assets year end ~ _99,935 99.~89 Sewer treatment revenue increased by $648 as a result of two 5% rate increases over the past two years. Administration costs increased $2,502 due to former planning and feasibility studies relating to the expansion of WRP and RIX being written off to expense. Given existing technology, the plans were deemed to be outdated. 8 City of San Bernardino Municipal Water Department Management's Discussion and Analysis For the fiscal year ending June 3D, 2010 Sewer capital assets ($000) Fiscal year ended June 30 2010 2009 2008 Assets Land & easements 12.471 12,471 12.471 Wells & pumping 3,192 3,192 3,192 Plant & facilities 154,075 152,859 152,736 Other capital 5,786 5,857 6.469 C W I P 5.876 7,290 6,176 Total capital assets 181,400 181,669 181,044 Accumulated Depreciation (89,991) (84,569) (79.281) Net capital assets 91 409 97100 ..J01 763 CWIP was reduced by $1,414 for the Sewer Treatment Utility. The Aqua Disc project, amounting to $1,095 was capitalized to plant and facilities. Additionally, $1,528 in design costs were written from CWIP to expense, as those plans for the expansion of WRP were outdated. In total, net capital assets decreased $5,691 to $91,409, largely due to depreciation. Sewer debt coverage ($000) Fiscal year ended June 30 Add back: Depreciation Amortization Interest expense Other fees (Gain) 1 loss on assets 2010 2009 2008 (2,069) (1.333) (1,940) 5,437 5,888 5,364 36 36 38 1,530 1,701 1,868 496 1,279 1,865 ~ 1: 1: 5,432 7,575 7,199 3.319 3,300 3.285 3,319 3,300 3,285 2.494 2,494 2.494 5,813 5,794 5,779 1.6 x 2.3 x 2.2 x 0.9 x 1.3 x 1.2 x Net profit Cash available (a) Senior debt COP S - P&l Total senior debt (b) Other debt P&I Aggregate P & J (e) Subordinate debt Coverage Senior debt coverage (a/b) Aggregate coverage (a/c) Sewer utility bond debt coverage continues to decline. Despite rate increases implemented in January 2009 and 2010, net profits continue to decline. The utility has been dependent on economically driven capital acquisition fees to achieve coverage ratios in the past. Over the past two years, rates have been increased in an attempt to become less dependent. Unfortunately, development has come to a standstill in San Bernardino. Subsequently, the utility has filed a rate increase request before City Council to implement an approximate 10% increase in rates in an attempt to improve the financial condition and meet required coverage ratios in 2011. 9 City of San Bernardino Municipal Water Department Management's Discussion and Analysis For the fiscal year ending June 30, 2010 Management challenges: Local economy: The decline in the economy has had a negative effect on the region. Development in San Bernardino has diminished, the assessed valuation of homes have decreased, unemployment is near 15%, retail sales are declining, and over 38% of the City's population receives some form of government assistance. These factors has led to a decrease of almost 20% in water consumption, which impacts both water and sewer revenue. Water supply: At the same time, California's water supply continues to be a concern due to dwindling supplies from traditional resources. Recent decisions involving endangered species continue to exacerbate this condition. Management continues to pursue strategies to augment water supply, including increased interest in recycled water for recharge, irrigation, industrial use and other applications. The Department has received $1.5 million in grant funding to study the potential to locate a recycled water facility in San Bernardino. Despite decreasing sales, the Department implemented a conservation charge to fund an aggressive conservation program. Reductions in expense: The Department has worked to reduce budgeted expenditures where possible. Though no layoffs have occurred, the Department implemented 27 hours of furlough time for all employees during fiscal 2011. Additionally, the Department has reduced staffing levels through attrition. Sustainable capital program: The water utility has adjusted its capital concentration toward retrofit and upgrading existing facilities rather than expansion. The sewer treatment facilities face an extensive list of compliance-related construction requirements over the next several years; however, debt coverage makes it difficult to finance this program. Rates: The Department implemented the first of a two-phase water rate increase in February 2010. In an effort to bolster sewer treatment revenues, a two-phase sewer treatment rate increase is proposed for public hearing in January 2011. Management has completed several steps to address potential financial issues in an attempt to be a responsible steward for our water resources and meet the current and future needs of the water and sewer treatment customers of San Bernardino. Substantial challenges are still on the horizon and the Department continues to measure its options to maintain financial strength and flexibility. Requests for information: This financial report is designed to provide a general overview of the Department's finances. Questions concerning any information provided in the report or requests for additional financial information should be addressed to the Director of Finance, San Bernardino Municipal Water Department, PO Box 710, San Bernardino, CA 92402. 10 BASIS FINANCIAL STATEMENTS 11 MUNICIPAL WATER DEPARTMENT OF THE CITY OF SAN BERNARDINO, CALIFORNIA Statement of Net Assets June 30,2010 (Wrth comparative totals for 2009) Water Sewer Interfund Totals Utility Utility Eliminations 2010 2009 Assets Current assets: Cash and investments (note 2) $ 9,036,275 23,618,927 32,655,202 31,744.591 Accounts receivable, net 7,093,086 2,618,213 9,711,299 6.804,893 Due from other entities 2,388,988 363,748 2,752,736 1.409,824 Interfund receivable 112,095 (112,095) Related parties receivable (note 8) 182.670 465.858 648,528 704.645 Inventory 1.622,670 1,622,670 1,604,597 Prepaid expenses 191,164 1.065,028 1,256.192 1.079,858 Total current assets 20.626,948 28,131,774 {112,095} 48,646.627 43,348.408 Noncurrent assets: Restricted assets: Cash and investments (note 2): Restricted for debt service 50,059 3,560,993 3,611,052 3,593,833 Restricted for capital-related fees 1,528,434 10.463,625 11,992,059 19,831,726 Restricted for consumer deposits 2,837,190 2,837,190 2,592,741 Restricted for consent decree (note 12) 21,641,702 21,641,702 21.059,979 Interest receivable 45.090 80,765 125,855 230,150 Prepaid insurance - consent decree (note 12) 37,519,398 37,519.398 39,414,022 Note proceeds held by state 387,501 387,501 3,506.098 Total restricted assets 64.009,374 14,105,383 78,114,757 90,228.549 Notes receivable 3,445 3,445 6,295 Capital assets (note 3): Land and easements 2,944.972 12.470.740 15,415,712 15,415,712 Construction in progress 21,972,526 5,876,387 27,848,913 19,950,282 Water rights, wells and pumping plants 70,712,801 3,192,218 73,905,019 72,876,505 Distribution systems 105.915,851 105,915,851 103.972,604 Building. plants and store yards 2,642,328 154,074,825 156,717,153 155,379,246 Tools and equipment 3,041,864 2.811.280 5,853,144 5,903,232 Fleet and rolling stock 3,722,257 1,110,776 4,833,033 4,631,516 Office leasehold improvements 2,354,557 2,354,557 2,190,680 Office, computer, engineering equipment 2,976.161 943.008 3,919,169 3,615.829 Radio communication equipment 307,499 99,138 406,637 395,380 Telemetry systems and equipment 1.036,527 628,699 1,665,226 1,665,226 Miscellaneous 233,534 193,015 426,549 426.549 Less accumulated depreciation and amortization (61,714,971) (89,990,735) (151,705,706) (141,196,636) Total capital assets (net of accumulated depreciation and amortization) 156,145,906 91,409,351 247,555,257 245,226,125 Other assets: Debt issue costs, net 153,828 153,828 187,387 Deferred call premium 277.323 277,323 319,448 Total other assets 431,151 431,151 506.835 Total noncurrent assets 220,158,725 105,945,885 326,104,610 335.967,804 Total assets 240,785.673 134.077,659 (112,095) 374,751,237 379,316.212 (Continued) 12 MUNICIPAL WATER DEPARTMENT OF THE CITY OF SAN BERNARDINO, CALIFORNIA Statement of Net Assets (Continued) Water Sewer Interfund Totals Utility Utility Eliminations 2010 2009 Liabilities and net assets Liabilities: Current liabilities: Accounts payable 2,308,330 1,546,940 3,855,270 5,509,745 Interfund payable 112,095 (112,095) Related parties payable (note 8) 809,614 199,264 1,008,878 950,475 Accrued expenses 7,225 12,076 19,301 11,818 Accrued compensation 929,640 395,362 1,325,002 1,239,589 Claims payable (note 10) 245,752 68,242 313,994 421,299 Consumer deposits 259,662 259,662 312,123 Deferred revenue 63,188 63,188 Current portion of compensated absences (note 5) 943,735 482,376 1,426,111 1,439,490 Current portion of leases payable (note 5) 19,642 Current portion of notes payable (note 5) 954,647 2,130,471 3,085,118 2,982,806 Current portion of certificates of participation (note 5) 2,343,375 2,343,375 2,217,793 Current portion of bonds payable (note 5) 10,000 10,000 10,000 Accrued interest payable 209,533 475,419 684,952 752,083 Total current liabilities 6,741,326 7,765,620 (112,095) 14,394,851 15,866,863 Noncurrent liabilities: Consumer deposits 2,788,733 2,788,733 2,579,699 Compensated absences (note 5) 374,180 19,608 393,788 504,434 Deferred revenue - consent decree (note 12) 59,084,337 59,084,337 60,473,518 Leases payable (note 5) Notes payable (note 5) 15,905,129 8,922,366 24,827,495 27,912,613 Certificates of participation (note 5) 17,196,320 17,196,320 19,539,695 Bonds payable (note 5) 25,000 25,000 35,000 OPES obligation (note 7) 3,039,000 1,812,000 4,851,000 3,308,000 Total noncurrent liabilities 81,216,379 27,950,294 109,166,673 114,352,959 Tota! liabilities 87,957,705 35,715,914 (112,095) 123,561,524 130,219,822 Net assets (note 13): Invested in capital assets, net of related debt 139,688,690 64,377,812 204,066,502 199,628,149 Restricted for: Capital-related fees 1,528,434 10,463,625 11,992,059 19,831,726 Unrestricted 11,610,844 23,520,308 35,131,152 29,636,515 Total net assets $ 152,827,968 $ 98,361,745 251,189,713 249,096,390 See accompanying notes to basic financial statements. 13 (This page intentionally left blank) 14 MUNICIPAL WATER DEPARTMENT OF THE CITY OF SAN BERNARDINO, CALIFORNIA Statement of Revenues, Expenses, and Changes in Net Assets Year ended June 30, 2010 (With comparative totals for the year ended June 30, 2009) Water Sewer Interfund Totals Utility Utility Eliminations 2010 2009 Operating revenues: Charges for services $ 25,613,162 20,771,749 (16,548) 46,368,363 45,401,290 Other operating revenues 2,075,532 1,653,194 (2,288,092) 1,440,634 1,770,508 Total operating revenues 27,688.694 22.424,943 (2,304,640) 47,808,997 47,171,798 Operating expenses: Administration and customer service 8,211,826 8,211,826 8,275,959 Utility administration 535,243 1,678,822 (1.222.441 ) 991,624 1.195.128 Plant operations 7,443,231 9,599,618 (535,323) 16,507,526 16,526,954 Maintenance 1,577,642 3,059,780 (532,709) 4,104,713 4,754,484 Environmental control 571,029 571,029 592,629 Distribution 3,766.067 3,766,067 3,753,301 Engineering and water quality control 2,204,374 2,204,374 3,063,043 General, administration, and overhead 2,804,993 4,128,870 (14,167) 6,919.696 4,769,863 Depreciation and amortization (note 3) 5,409,704 5,436,628 10,846,332 11,113,247 Total operating expenses 31,953,080 24,474,747 (2,304,640) 54,123,187 54,044,608 Operating income (loss) (4,264,386) (2,049,804) (6,314,190) (6,872,810) Non-operating revenues (expenses): Investment income 578,912 1.603.840 2,182,752 2,661,169 Rental income 98,638 26,303 124,941 127,956 Noncapital grant funds 1,894,624 1,894,624 2,043,889 Gain (loss) on asset disposition 8,988 (2,142) 6,846 305,972 Interest expense and fiscal charges (655,404 ) (1,529,650) (2,185,054) (2,303,166) Amortization of issuance costs (33,559) (33,559) (35,881) Other 175,782 (84,390) 91,392 (82,232) Total non-operating revenues (expenses) 2,101,540 (19,598) 2,081,942 2,717,707 Net profit (loss) (2,162.846) (2,069,402) (4,232,248) (4,155,103) Capital contributions: Acquisition fees 301,000 301,000 1,239,309 Capacity fees 3,980,720 355,810 4,336,530 2,171,262 Contributed capital assets 732,322 732,322 1,476,924 EPA grant 815,761 815,761 Other capital restricted fees 139,958 139,958 310,359 Total capital contributions 5,829,803 495,768 6,325,571 5,197,854 Net assets: Balance at beginning of year 149,161,011 99,935,379 249,096,390 248,053,639 Balance at end of year $ 152,827,968 98,361,745 251,189,713 249,096,390 See accompanying notes to basic financial statements. 15 MUNICIPAL WATER DEPARTMENT OF THE CITY OF SAN BERNARDINO, CALIFORNIA Statement of Cash Flows Year Ended June 30, 2010 (With comparative totals for 2009) Totals Wafer Sewer 2010 2009 Cash flows from operating activities: Cash received from customers $ 24,909,016 22,202,958 47,111,974 48,890,023 Rental income 98,638 26,303 124,941 127,956 Nonoperating miscellaneous revenue (expenses) 184,770 (86,532) 98,238 223,740 Cash paid to employees for services (7,929,501 ) (3,333,110) (11,262,611) (11,063,808) Cash paid to suppliers of goods and services (19,648,304) (15,269,048) (34,917,352) (32,399,388) Net cash provided by operating activities (2,385,381) 3,540,571 1,155,190 5,778,523 Cash flows from noncapital financing activities: Collection on notes receivable 2,850 2,850 (6,295) Consent decree insurance drawdowns 1,894,624 1,894,624 2,043,889 Net cash provided by noncapital financing activities 1,897,474 1,897,474 2.037,594 Cash flows from capital and related financing activities: Capital fees received 4,281,720 495,768 4,777,488 3,720,930 Drawdown on CIEDM loan 3,118,597 3,118,597 2,136,291 Proceeds from sale of fIXed assets 10,514 10,514 156,615 Cash paid to acquire fIXed assets (12,707,435) (12,707,435) (9,616,490) Principal paid on capital-related debt (956,106) (4,181,342) (5,137.448) (4,756,423) Interest paid on capital-related debt (667,146) (1,635,707) (2,302,853) (2,295,886) EPA grant proceeds 815.761 815,761 Net cash provided by (used for) capital and related financing activities (6,104,095) (5,321,281) (11.425,376) (10,654,963) Cash flows from investing activities: Liquidation of GIC 17,545,260 Purchase of investments (10,920,678) Sale of investments 4,741,625 4,741,625 Interest received 683,207 1.603,840 2,287,047 3,462,407 Net cash provided by investing activities 5,424,832 1,603,840 7,028,672 10,086,989 Net increase in cash (1,167,170) (176,870) (1,344,040) 7,248,143 Cash and cash equivalents at beginning of year 34,823,402 34,259,422 64,341,199 57,093,056 Cash and cash equivalents at end of year $ 33,656,232 34,082,552 62,997,159 64,341,199 - Continued 16 MUNICIPAL WATER DEPARTMENT OF THE CITY OF SAN BERNARDINO. CALIFORNIA Statement of Cash Flows (Continued) Totals Totals Water Sewer 2010 2009 Reconciliation of cash and cash equivalents to amounts reported on the balance sheet: Reported on the balance sheet: Cash and investments $ 9.036,275 23.618,927 32,655,202 31.744.591 Restricted assets 64,009,374 14,105,383 78,114,757 90.228,549 Less Interest receivable (45,090) (80,765) (125,855) (230,150) Prepaid insurance - consent decree (37,519,398) (37,519.398) (39,414,022) Note proceeds held by state (387,501) (387,501 ) (3,506,098) Cash and investments 35,093,660 37,643,545 72,737,205 78,822,870 Less restricted assets not meeting the definition of cash equivalents: Federal agency securities (6,179,053) (6,179,053) (10,920,678) Investment agreements (3,560,993) (3,560,993) (3,560,993) Cash and cash equivalents at end of year $ 28,914,607 34,082,55~ 62,997,159 64,341,199 Reconciliation of operating income to net cash provided by (used for) operating activities: Operating income $ (4,264,386) (2,049,804) (6,314,190) (6,872,810) Depreciation and amortization 5,409,704 5,436,628 10,846,332 11,113,247 Rental income 98,638 26,303 124,941 127,956 Gain (loss) on asset disposition 8,988 (2,142) 6,846 305,972 Other receipts (expenses) 175,782 (84,390) 91,392 (82,232) Adjustments: (Increase) decrease in accounts receivable (2,779,678) (126,728) (2,906,406) 224,170 (Increase) decrease in due from other entities (1,352.702) 9,790 . (1,342,912) 666,286 (Increase) decrease in interfund receivable 85,054 85,054 95,637 (Increase) decrease in related parties receivable 76,110 (19,993) 56,117 371,901 (Increase) decrease in inventory (18,073) (18,073) (130,297) (Increase) decrease in prepaid expenses (117,963) (58,371 ) (176,334) 66,632 (Increase) decrease in other assets 253,778 253,778 275,343 Increase (decrease) in accounts payable (1.631,742) (345,794) (1,977,536) (1,425,305) Increase (decrease) in interfund payable (85,054) (85,054) (95,637) Increase (decrease) in related parties payable 55,619 14,069 69,688 74,117 Increase (decrease) in accrued expenses 5,487 1,996 7.483 (24,671 ) Increase (decrease) in accrued compensation (75,175) 25,278 (49,897) 105,707 Increase (decrease) in claims payable 245,752 (29,995) 215,757 (293,131) Increase (decrease) in consumer deposits - current (52,461 ) (52.461 ) (542,846) Increase (decrease) in consumer deposits - noncurrent 209,034 209,034 (2,807) (Increase) decrease in OPEB obligation 968,000 575,000 1,543,000 1,359.100 (Increase) decrease in prepaid insurance - consent decree 505,443 505,443 462,191 Increase (decrease) in deferred revenue 63,188 63,188 Net cash provided by operating activities $ (2,385,381) 3,540,571 1,155,190 5,778.523 Noncash investing, capital, and financing activities: Capital assets constructed by developers 732,322 732.322 1,476,924 See accompanying notes to basic financial statements. 17 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 1: Reporting Entity and Summary of Significant Accounting Policies Oraanization: The San Bernardino Municipal Water Department ("Department") is governed under the Charter of the City of San Bernardino. A Board of Water Commissioners ("Board"), appointed by the Mayor and approved by City Council, has Charter defined powers, with full authority for administration of the water utility and delegated authority for the sewer treatment utility. The Department has served the community since 1905. The preparation of these financial statements requires management to make estimates and assumptions. Those estimates and assumptions affect the reported amounts of assets, liabilities, revenues, expenses and the disclosure of contingent assets and liabilities. Actual results may differ from those estimates. Management also determines the accounting principles to be used in the preparation of the financial statements. A description of the accounting poliCies employed in the preparation of these financial statements follow: Fund accountinq (basis of accountino): The Department reports its activities as enterprise funds, which are used to account for operations that are financed and operated in a manner similar to a private business enterprise, where the intent of the department is that the cost of providing goods and services be financed or recovered primarily through user charges. Revenues and expenses are recognized on an accrual basis, in the accounting period in which they are earned and expenses are incurred, regardless of when the related cash flow occurs. The Department operates two enterprise funds: · The Water Utility Enterprise Fund ("Water Utility") is used to account for the operations of the Department's water system and related revenues. · The Sewer Utility Enterprise Fund ("Sewer Utility") is used to account for the operations of the City's wastewater treatment system and related revenues. The Sewer conveyance system is under the direction of the City's Public Services Department. Administrative and engineering are provided by the Water Utility to the Sewer Utility. Electrical services are provided the Sewer Utility to the Water Utility. The Department applies all applicable Generally Accepted Accounting Principles (GASB) pronouncements in accounting and reporting for its proprietary operations and applicable FASB pronouncements that occurred prior to November 30, 2009. Cash and investments: Cash is pooled with the City of San Bernardino for investment purposes to maximize interest earnings. Such earnings are credited to the various funds within the City based upon average monthly cash balances. For the purpose of the statement of cash flows, cash and cash equivalents include highly liquid investments (including restricted assets) with a maturity of three months or less when purchased. Investments are reported in the accompanying balance sheet at fair value, except for certain certificates of deposit and investment contracts that are reported at cost as they are not transferable and have terms that are not affected by changes in market interest rates. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value and any gains or losses realized upon the liquidation of investments. 18 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 1: Reporting Entity and Summary of Significant Accounting Policies (continued): Receivables: Customer or trade receivables are shown net of an allowance for uncollectible accounts based on historical and management estimates. Transactions between funds that are representative of lending or borrowing arrangements outstanding at the end of the fiscal year are referred to as "interfund receivables / payables" or "advances to/from" other funds. All interfund transactions are eliminated for financial reporting. Inventorv: Materials and supplies inventory consists of water meters, pipe and pipefittings for construction and repair of the water transmission and distribution system and items necessary for maintenance at the sewer treatment facilities. Inventory is valued at cost using an average method. Inventory items are charged to expense at the time that individual items are withdrawn from inventory and consumed. Restricted assets: Amounts shown as restricted assets have been restricted by bond indenture or are to be used for specified purposes based on contract provisions. Certain liabilities which are currently payable have been classified as current liabilities payable from restricted assets. Deferred bond costs: Deferred bond costs are amortized using the straight-line method based on the term off the debt issuance. Capital assets: Capital assets acquired or constructed are capitalized at historic cost. Department policy has set the capitalization threshold for reporting capital assets at $5,000 or a life expectancy of at least 3 years. Overhead is capitalized at the rate of 28.9% of labor and benefits, 10% of material and supplies and 2% of significant contracts. Depreciation is recorded on a straight-line basis over the estimated useful lives of the assets as follows: · Source of supply plant 8 to 50 years · Disposal plant and interceptor lines 35 to 50 years · Other facilities (shops, leasehold & yards) 5 to 25 years · Tools, office equipment & communications 4 to 20 years · Computer equipment 3 to 5 years · Automotive and fleet equipment 3 to 15 years Compensated absences: Department policy is to permit employees to accumulate a limited amount of earned vacation and sick leave. Various negotiation groups have different sell-back and cash out options. Additionally, cash out options upon retirement or death of the employee vary based on the negotiation group. Employee's vacation and sick leave benefits are recognized as a liability of the Department. Interfund eliminations: The interfund eliminations column represents entries made to eliminate interfund income and expenditure transactions between the water utility fund and the sewer utility fund for the purposes of consolidated financial statements. Comparative data: Prior year data has been included where practical for comparison purposes only. The prior year data does not represent a complete presentation in accordance with accounting principals in the United States of America. Certain minor reclassifications of prior year data have been made in order to enhance comparability with current year figures. 19 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 2: Cash and Investments Cash and investments are reported as of June 30, 2010 in the accompanying statement of net assets as follows: Cash and investments Debt service Capital related fees Consumer deposits Consent decree Total cash and investments Water fund $ 9,036,275 50,059 1,528,434 2,837,190 21,641.702 $ 35093.QQQ Sewer fund $ 23,618,927 3,560,993 10,463,625 Cash and investments as of June 30, 2010 consist of the following: $. 37,643,545 Total $ 32,655,202 3,611,052 11,992,059 2,837,190 21,641,702 L12...l.3L2.Q.5 Water fund Sewer fund Total Cash on hand $ 7,440 $ 200 $ 7,640 Deposits-financial institutions 29,118 29,118 Investments 35.057.102 37,643,345 72.700.447 Total cash and investments $ 35 093 660 L37.64354.5 $ 72 737 205 The table below identifies the investment types that are authorized for the Department by the California Government Code (or the Department's investment policy, where more restrictive). The table also identifies interest rate risk, credit risk and concentration of credit risk. The table does not address debt proceeds held by bond trustee that are governed by the provisions of the debt agreement. Investment's authorized for funds held by bond trustee include US Treasury obligations, US Agency securities, banker's acceptance, commercial paper, money market mutual funds, repurchase agreements and investment contracts. Investment type Local agency bonds US treasury US agency Bankers acceptances Commercial paper Negotiable CDs Repurchase agreements Reverse repurchase Medium-term notes Mutual funds Money market mutual funds Mortgage pass through County pooled investment Local agency investment JPA pools Guaranteed investment Authorized by policy No Yes Yes Yes Yes Yes No No Yes No Yes Yes No Yes No Yes Max maturity 5 years 5 years 5 years 180 days 270 days 5 years 1 year 92 days 5 years N/A N/A 5 years N/A N/A NfA NfA Max % of portfolio None None None 40% 25% 30% None 20% of base 30% 20% 20% 20% None None None None Max in one issuer None None None 30% 10% None None None None 10% 10% None None None None None Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment; the greater the sensitivity of its fair value to changes in market interest rates. 20 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 2: Cash and Investments (continued) The Department manages its exposure by purchasing a combination of shorter term and longer term investment and by timing cash flows from maturities so that a portion of the portfolio matures evenly over time as necessary to provide requirements for cash flow and liquidity needed for operations. Credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The Department's investments by maturity date and credit worthiness are provided by the following table. Investment type Rating <12 month 13-24months 25-60 months > 60 months Total City investment pool N/R $47,498,720 $ $ $ _ $47,498,720 Consent decree: - State investment pool N/R 15,548,924 15,548,924 - Federal agency securities AM 6,091,810 6,091,810 Held by bond trustee - Federal agency securities AM 87,243 87,243 - Investment agreement N/R 3.473.750 3.473.750 Total .$63041..M4 __ 1li6,179 053 $ 3,473 750 $72 70..QAlZ Custodial credit risk: Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code requires that a financial institution secure deposits made by a state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure the Department's deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. For investment identified herein as held by bond trustee, the bond trustee selects the investment under the terms of the applicable trust agreement. acquires the investment, and holds the investment on behalf of the reporting government. Investment in the State Investment Pool: The Department is a voluntary participant in the local Agency Investment Fund (LAIF) that is regulated under the California Government Code with oversight of the Treasurer of the State of California. The fair value of the Department's investment in this pool is reported in the accompanying financial statements at amounts based upon the Department's pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio. The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. 21 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 3: Capital Assets Capital asset activity for the water utility at fiscal year ended June 30, 2010: Description July 1, 2009 Additions Deletions Land & easements $ 2,944,972 $ $ Construction in progress 12.660.529 12.049.248 Total, no depreciation 15,605,501 12,049,248 Water rights, wells & pumping 69,684,287 1,028,514 Distribution system 103,972.604 1,943,247 Buildings, plants & stores 2,520,636 125,882 Other assets (including tools, fleet, computers, equipment, communications and telemetry) Total capital assets Less accumulated depreciation: Water rights, wells & pumping Distribution system Buildings, plants & stores Other assets Total accumulated depreciation Net property plant & equipment 12.971.212 1.052.438 204.754,240 16.199,329 (23,613,392) (2,062,975) (24.897,203) (2,247,767) (1,089,212) (101,533) (7,028.065) (975.108) (56.627.872) (5.387.383) $ 148,126368 $ 1 Oa.11...9~.Q (2.737,251) (2,737,251) (4,190) (351.251) (3.092.692) 3,770 296.514 300.284 June 30, 2010 $ 2,944,972 21.972.526 24,917,498 70,712,801 105,915,851 2,642,328 13.672,399 217.860.877 (25,676,367) (27,144,970) (1,186,975) (7.706,659) (61,714,971) $ (2..7924QID $ 156145906 Capital asset activity for the sewer treatment utility at fiscal year ended June 30, 2010: Description July 1, 2009 Additions Deletions June 30,2010 Land & easements $ 12,470.740 $ $ $ 12,470,740 Construction in progress 7.289.753 1,366.917 (2,780.283) 5.876.387 Total, no depreciation 19,760,493 1,366,917 (2,780,283) 18,347,127 Water rights, wells & pumping 3,192.218 3,192,218 Buildings, plants & stores 152,858,610 1,216.215 154,074,825 Other assets (including tools, fleet, computers, equipment, communications and telemetry) 5.857.200 33.183 (104.467) 5.785.916 Total capital assets 181.668.521 2.616.315 (2.884.750) 181.400.086 Less accumulated depreciation: Water rights. wells & pumping (2,282,435) (50.702) (2,333,137) Buildings, plants & stores (77,896,245) (5,152,224) (83,048,469) Other assets (4.390.084) (262,414) 43.369 (4.609.129) Total accumulated depreciation (84.568.764) (5.465,340) 43.369 (89,990,735) Net property plant & equipment -S..--9LOOJLill .$ ~ 849 025) $ (2 841 381) $. _9..1~5.1 Significant project commitments as of June 30, 2010 include: Project Authorized Expenditures Remaining Other funding Palm reservoir #3 $ 4,256,920 $ 2,828,276 $ 1,428.644 $ 785,754 Mountain pressure zone 960.000 960,000 Caltrans relocation projects .1.613.477 899,818 713,659 713.659 Water fund $ 6.830,397 $ 3.728,094 L3.102.303 $ 1.499.413 Cogeneration project $ 5,537,303 $ 3,944,414 $ 1 ,592,889 $ Unit 1 primary clarifier 1,105,000 45,620 969,380 Parallel bypass line 1.330,303 914,132 415.868 Sewer fund $ 7.8~ $ 4.904.166 $ 2,978, 13~ $ 22 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 4: Operating leases The Department leases office space from the City of San Bernardino under a non-cancelable operating lease that is expected to be renewed on April 1 , 2012. Effective December 15, 2008, the Department took possession of leased space from Superior Homes LLC for administrative office and warehouse space for a term of ten years. The following is a schedule of minimum lease payments as of June 30, 2010. Fiscal year ended June 30 2011 2012 2013 2014 2015 Five year total Water $ 384,737 384,737 384,737 384,737 384.737 .$. 1 923...6.8.5 $ Sewer 52,631 52,631 52,631 52,631 52,631 263,155 Total $ 437,368 437,368 437,368 437,368 437.368 $ 2 186,84Q $ Note 5: Long-term debt: Notes pavable: The water utility's Notes Payable consists of two revenue bonds payable to the California Infrastructure and Economic Development Bank (CIEDB). The first $10,000,000 issue was sold in March 2004, with an interest rate of 3.34%, annual debt service payments of $750,000 _ $777,000, and a maturity of 2022. This issue was used to provide funding for transmission mains, booster stations and a reservoir identified in the Water System Reliability Schedule of Improvements. The second issue of $10,000,000 was sold in July 2007, with an interest rate of 2.71%, annual debt service payments of $702,000 -734,000, and a maturity of 2026. This issue was used to provide funding for booster stations and transmission mains in the Verdemont area. The chart below reflects the annual debt service requirements for both issues. Fiscal year ended June 30 Principal Interest Total 2011 $ 954,647 $ 547,356 $ 1,502,003 2012 983,695 515.278 1,498,973 2013 1,013,637 482,216 1,495,853 2014 1,044,501 448,137 1,492,638 2015 1,076,312 413,013 1,489,325 2016-2020 5,894,116 1,510,106 7,404,222 2021-2025 4,529,769 526,675 5,056,444 Beyond 2025 1.363.098 43.348 1.406.446 Total $ 16,ati9_.ZZ5 ~j 486129 $ 21 345,9Q4 The sewer treatment utility's Notes Payable consists of three debt instruments. The first is an agreement with the San Bernardino Valley Municipal Water District to purchase the Santa Ana Regional Interceptor pipeline discharge rights of 2.5 million gallons per day. This note was originally for $5,084,723, with an interest rate of 7.25%, annual debt service payments of $456,250, and a maturity of 2013. The second and third notes were originally State Revolving Fund debt between the State Water Resources Control Board and the Santa Ana Watershed Authority providing funding for the San Bernardino/Colton Rapid Infiltration Extraction (RIX) project. The loan agreements were amended in April 2001 to transfer the loan obligations to the successors in interest being the City of San Bernardino Board of Water Commissioners, and the City of Colton. The Department will use revenues from the sewer treatment utility fund towards repayment of the loans. The second note was originally for $4,015,216, with an interest rate of 3.3%, annual debt service payments of $279,293, and a maturity of 2011. The final payment will be made in fiscal year 2011. The third note was originally for $25,978,599, with and interest rate of 2.8%, annual debt service of $1,758,901, and a maturity of 2016. The chart below reflects the annual debt service requirements for all three notes. 23 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 5: Long-term debt (continued) Fiscal year ending June 30 2011 2012 2013 2014 2015 2016-2020 Total Principal $ 2,130,471 1,929,363 2,000,416 1,619,108 1,664,443 1.709.037 ~ 11 052838 Interest $ 363,871 285,788 214,735 139,793 94,458 47.722 $ 1.146367 Total $ 2,494,342 2,215,151 2,215,151 1,758,901 1,758,901 1.756.759 $ 12199 20G Certificates of particioation: In 1998, the sewer treatment utility issued $36,230,000 in Certificates of Participation to advance refund the 1992 Sewer Certificates of Participation. The 1992 Certificates originally provided for the construction of certain capital improvements. The proceeds of the 1998 Certificates were invested and used to pay interest on the 1998 issue until February 1, 2001, when the 1992 Certificates were called at a prepayment premium of two percent. The Department now pays the installment payments on the 1998 Certificates from the net revenues of the sewer treatment system. The issue has interest rates between 3.95% - 5.25%, annual debt service payments of $1,697,000-$3,474,000, and a maturity date of 2017. The chart below reflects the annual debt service requirements of the 1998 Certificates. Fiscal year ending June 30 Principal Interest Total 2011 $ 2,365,000 $ 973,650 $ 3.338,650 2012 2,510,000 855,400 3,365,400 2013 2,650,000 736,175 3,386,175 2014 2,805,000 607,650 3,412,650 2015 2,965,000 474,412 3,439,412 2016-2020 6.375,000 479,750 6.854,750 Total .$.... 19....6l..Q~QQQ L.4J2L.Q3l $ 23,79I...tgz The 1998 Certificates of Participation has an unamortized discount remaining of $130,305. Of that amount, $21,625 will be utilized in fiscal year 2011 to reduce the current portion of debt. The remaining $108,680 will offset the long-term debt balance. Other debt: Waterworks Bonds Series C, issued for $150,000 in 1998, with an interest rate of 7.75%, annual debt service payments of $5,000-16,200, and a maturity date of 2013. Fiscal year ending June 30 Principal Interest Total 2011 $ 10,000 $ 2,713 $ 12,713 2012 10,000 1,938 11,938 2013 15.000 1.163 16.163 Total $ 35 000 S 5811 $. 4D...81.4 During fiscal 2010, the Department made the final payment on a master equipment lease/purchase with California First Leasing Corporation for furniture and equipment used in a remodeling project for the administrative offices. The original lease was $363,000. 24 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 5: Long-term debt (continued) The Department's policies related to compensated absences are described in Note 1. This liability, amounting to $1,819,899 and $1,943,924 at June 30,2010 and 2009, respectively, will be paid in future years from resources of the water and sewer funds As part of the 1998 Certificates of Participation Revenue Covenant Requirement, the Department is required to set rates and charges for sewer service that is at least sufficient to yield during each fiscal year, Net Revenues equal to at least 110% of Debt Service. For the fiscal year ended June 30, 2010 Net Revenues represented 130% of Debt Service for the 1998 COPS issue. Summary of chanGes in lonG-term debt (Department): 7/1/2009 Additions $ 17,786,230 $ 13.109.189 30,895.419 21,910,000 Notes-Water Notes-Sewer Notes-Total COPS-Sewer - Unamortized discounts COPS (net) Bonds Leases Absences Total Reductions 6/30/201 0 Current Long-term $ (926,455) $16,859,775 $ 954,647 $15,905,128 (2,056,351 ) 11 ,052.838 2,130.471 8.922.367 (2,982,806) 27.912,613 3.085,118 24,827.495 (2,240,000) 19,670,000 2,365,000 17,305,000 22,207 (130.305) (21.625) (108,680) (2.217,793) 19.539.695 2,343,375 17.196.320 (10,000) 35,000 10,000 25,000 (19,642) (124,025) 1,819,899 1 .426. 111 393.788 $(5354,266) $49,307 20'Z L6 864 604 $42,442..6_0.3 (152,512) 21,757.488 45,000 19.642 1.943.924 $...54661 473 $ Note 6: Defined benefit pension plan Qualified employees are covered under a multiple-employer contributory retirement plan maintained by an agency of the State of California Public Employee's Retirement System (PERS), The Department is considered to be part of the City of San Bernardino PERS pension plan. All employees who work 1,000 hours or more are eligible to participate. The plan provides retirement, disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. Benefit provisions are established by state statutes, as legislatively amended within the Public Employees' Retirement Law. PERS issues a separate comprehensive annual financial report that includes financial statements and required supplementary information. Copies of the PERS annual financial report may be obtained from the PERS Executive Office, 400 "P" Street, Sacramento, CA 95814. PERS also issues a separate report on the actual valuation of the plan of the City of San Bernardino, which is available at the Department. Additional information regarding the City's partiCipation in PERS can be found in the City's financial statements. 25 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 7: Post-employment benefits other than pensions Plan Description: The Department provides heath benefits to all qualifying retirees and their spouses in accordance with Memorandums of Understanding under various labor agreements. Eligibility: Employees are eligible for retiree health benefits if they retire from the Department on or after age 50 with at least 5 years of service, and are eligible for a PERS pension. The latest actuarial valuation of the plan occurred June 30, 2010. Membership consists of the following: Retirees and beneficiaries receiving benefits Terminated plan members entitled but not yet receiving benefits Active plan members Total 80 233 ~ Fundina: The contribution requirements of plan members and the Department are established and may be amended by the Board. The required contribution is based on projected pay-as-you- go financing requirements, with an additional amount to prefund benefits as may be determined annually be the Board. The Department has not established an irrevocable trust to which pre- funding contributions may be made. For fiscal year 2010, the Department contributed $670,000 to the plan (100% of current premiums). Plan members receiving benefits contributed $136,000 (approximately 6.5%) of the total premiums through their required contribution. The Department pays up to the entire cost of health benefits for eligible retirees and their spouses subject to the City's vesting schedule. Annual OPEB Cost and Net OPEB obliaation: The Department's annual other post employment benefit (OPES) cost is calculated based on the annual required contribution of the employer (ARC), an amount actuarial/y determined in accordance with the parameters of GASB Statement 45. The ARC represents a level of funding that if paid, on an ongoing basis, is projected to cover normal costs each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years. The following table shows the components of the Department's annual OPEB cost for the year, the amount actually contributed to the plan, and changes in the Department's net OPEB obligation. Annual required contribution (ARC) $ 2,307,000 Interest on net OPEB obligation 166,000 Amortization of net OPEB obligation (260,000) Annual OPEB cost (expense) 2,213,000 Contributions made (670,OOOl Increase in net OPEB obligation 1,543,000 Beginning OPEB obligation (7I1/09) 3.308.000 Ending OPEB obligation (6/30/10) $ 4851 000 The Department's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPES obligation for fiscal 2010 and the preceding two years are as follows: Year ended Annual OPE8 cost Paid contribution OPES obligation 6/30/2008 $ 2,264,000 $ 632,000 $ 1,632,000 6/30/2009 2,419,000 1,375,000 3,308,000 6/30/2010 2.213,000 2,045,000 4,851,000 As of June 30, 2010, the most recent actuarial valuation date, the plan was 100% unfunded. The actual accrued liability for benefits was $26 million. Therefore, the unfunded actuarial accrued liability (UML) was $26 million. The covered payroll (annual payroll of active employees covered by the plan) was $13.6 million. The ratio of the UML to the covered payroll was 192%. 26 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 7: Post-employment benefits other than pensions (continued) Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality and health care cost trends. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to the continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presents multi-year trend information about whether the actuarial value of the plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for the benefits. Actuarial methods and assumptions: Projects of benefits for financial reporting purposes are based on the substantive plan and include the types of benefits provided at the time of each . valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that paint. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. In the June 30, 2010 actuarial valuation, the entry age actuarial cost method was used. The actuarial assumptions included a rate of return of 5% and annual heath care cost trend rates of 10.9%, reduced by increments between 0.65% per year to an ultimate rate if 4.5% after the 10th year. Both rates include a 3% inflation assumption. The UML is amortized as a level percentage of projected payroll over 30 years. Note 8: Related party transactions The following is a summary of transactions and balances with the City of San Bernardino and its various Departments as of and for the years ended June 30. Receipts: City of San Bernardino - Revenue from water - Revenue from sewer - Revenue from geothermal - Billing & collection - refuse - Billing& collection - storm drain - Cost reimbursement - Reimbursement (land sale) - Interest income Economic Development Agency - Revenue from geothermal Total receipts from related parties 2010 2009 $ 197,897 69,922 23,301 223,408 4,564 1,000 $ 204,487 55,760 13,321 208,648 4,973 2,000 474,591 2,258,883 1,436,558 $ 776 1 ,957.426 $ 755 3.223...4..lll Payments: City of San Bernardino - Sewer collections maintenance - 10% water revenue transfer - Data processing service - Police and fire protection - City attomey services - Workers compensation administration - Human resources I civil service - City hall rent - Cost reimbursements (street cut fees) - Phone system - Permits - Refuse - Postage, printing, &other services Total payments to related parties 2010 2009 $ 3,086,175 2,324,011 539,600 500,000 190,800 189,229 179,822 177,826 125,896 111,417 95,179 92,022 18,984 $ .~~~1 $ 3,055,617 2,353,148 710,700 500,000 181,800 170,659 177,800 177,826 108,552 119,369 73,119 90,949 18.833 $ 7 73lD1.2. 27 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 8: Related party transactions (continued) The following is a summary of transactions and balances with the City of San Bernardino and its various Departments as of and for the years ended June 30. Receivables: 2010 2009 Related party receivable $ 648,528 $ 704,645 Accounts receivable, net 30,044 27,028 Due from other entities 45.159 64.565 Total receivable from related parties $ 723731 $ 796 23~ Payables: 2010 2009 Related party payable $ 1,008,878 $ 950,475 Accounts payable 533,921 674,707 Claims payable 386.191 421.299 Total payable to related parties $ 1 928990 L2 04E! 481 The Department collects and transmits to the City of San Bernardino ten percent of the collections on gross water revenue and one hundred percent of collections on the sewer conveyance system. These remittances are included in the related party payments above. Note 9: Joint ventures Colton / San Bernardino Reoional Tertiary Treatment and Water Reclamation Authoritv On August 2, 1994, the City of San Bernardino, through the Department formed a joint powers authority with the City of Colton to construct, operate, use and maintain tertiary wastewater treatment, disposal and water reclamations systems, including the Regional Rapid Infiltration and Extraction Facility (RIX). This authority is governed by a separate Board consisting of four members; two appointed by the City of San Bernardino through the Department's Board of Water Commissioners and two appointed by the City Council of the City of Colton. Construction of RIX was administered by the Santa Ana Watershed Project Authority and was substantially completed during 1996. Administration and operation was turned over at that time. San Bernardino and Colton each has an undivided interest in the real property and any related debt of the RIX projects based on an 80% I 20% split, respectively. The Department's investment in the joint venture is included as property, plant and equipment. The joint venture is not experiencing financial stress. San Bernardino Public Safety Authoritv On April 1, 1968, the City of San Bernardino and the County of San Bernardino formed the San Bernardino Public Safety Authority (PSA), a joint powers authority, as a financing vehicle to construct (1) public safety buildings and (2) improvements to the wastewater treatment plant. Effective with the transfer of the sewer treatment utility to the Department by resolution in October 1973, all the assets were transferred to the Department and are included in the property, plant and equipment of the Sewer Utility. The Department utilized the PSA to issue the 1998 Certificates of Participation debt. The joint venture is not experiencing financial stress. West End Water Development. Treatment and Conservation Joint Powers Authoritv On August 15, 1990, the City of San Bernardino joined the West End Water Development, Treatment and Conservation Joint Powers Authority (WEJPA) as a financing vehicle for construction of water facilities. A three-member Board consisting of one representative from each agency's governing body governs the WEJPA. The Department's investment in the joint venture is included in property, plant and equipment. The joint venture is not experiencing financial stress. 28 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 10: Commitments and Contingencies Commitments in the form of signed contracts for costs to complete construction projects or other improvements amount to $2,585,238 and $4,340,533 at June 30,2010 and 2009, respectively. Risk management activities are recorded in both utility funds. Significant losses are covered by insurance for all major events except workers' compensation, for which the Department retains risk of loss in conjunction with the City of San Bernardino's risk management program for workers compensation. Settlement amounts have not exceeded insurance coverage for the current year or the prior three years. Insurance coverage has been increased over the past several years. The Department records an estimated liability for workers' compensation. Claims liabilities are based on estimates of the ultimate cost of reported claims and an estimate for claims incurred but not reported based upon historical experience. Workers' compensation claims liability is not discounted. The following is the changes in approximate aggregate liabilities for the year ended June 30th. Claim liabilities: 2010 2009 Liability balance (July 1) $ 421,299 $ 391,368 Claims and changes in estimates (34,781) 147,683 Claims payments (72.524) (117.752) Claims payable (June 30) $ 313994 $ 421299 Note 11: Federal and State Grants Amounts received or receivable from grant agencies are subject to audit and adjustment by grantor agencies, principally the federal and state governments. Any disallowed claims, including amounts already collected, may constitute a liability of the Department. That amount, if any, of the expenditures which may be disallowed by the grantor cannot be determined at this time, although the Department expects such amounts, if any to be immaterial. The Department has been awarded the following grants. At the end of the fiscal year, only funds associated with the grant for the water distribution system had expenditures. The Department produces a Single Audit that details the use of grant and Consent Decree funds. Environmental Protection Agency $1,870,700 Water distribution system Department of Water Reclamation $1,000,000 Sewer recycling study Environmental Protection Agency $ 500,000 Sewer recycling study Note 12: Consent Decree In 1996, the City of San Bernardino filed a complaint against the United States of America, Department of the Army to recover damages, response costs and other available remedies relating to contamination alleged to have originated at a World War II army installation known as Camp Ono. In March 2005, the United States District Court, Central Division entered judgment, in the form of a consent decree, in the matter of City of San Bernardino v. United States of America. The Consent Decree settles the City's and the State's claims arising from the groundwater contamination allegedly cause by the Army. The Consent Decree contains a number of provisions obligating the City (through the Department) to operate and maintain the Newmark Groundwater Superfund site (Site). The Site consists of two operable units, the Newmark Operable Unit and the Muscoy Operable Unit. The Newmark Operable Unit was declared operational and functional in 1998. The Muscoy Operable unit was declared operational and functional in 2007. 29 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 12: Consent Decree (Continued) The Consent Decree provided for a payment of $69 million from the Army to the City for performance of the work outlined in the Consent Decree. Upon acceptance of the Consent Decree, the Department received title to all facilities constructed by the United States Environmental Protection Agency (EPA) of the Site and agreed to operate and maintain the groundwater extraction and treatment system for a period of 50 years. The $69 million payment consisted of $59 million for operations and maintenance and $10 million for the construction of certain capital facilities that would be required in the future; the funds are subject to strict limitations, contained in the Consent Decree, as to how the money may be spent. Pursuant to the Consent Decree, $10 million, including interest earned, has been set aside to be used only for (i) funding construction of treatment and directly related transmission systems that expand the Department's capacity to deliver potable water and (ii) funding work performed by the Department to complete construction of the Muscoy Operable Unit extraction system. These capital facility funds may not be used for costs incurred to operate, maintain, repair or retrofit components of the site extraction of treatment systems constructed by EPA. In March 2006, the Department entered into a Guaranteed Investment Contract with AIG Match Funding Corporation. The Department invested $16,482,039 of excess Consent Decree funds into an interest bearing Escrow Fund investment with an interest rate of 4.95% per annum. These funds were invested to pay costs associated with the water facilities defined in the Consent Decree for years 2035-2056. An additional $50 million was used to purchase a blended insurance policy to provide a financial vehicle that prOVides cost cap coverage for the first 30 years of expenses. The terms of the Guaranteed Investment Contract only provided the Department with the position of a secured creditor with respect to an AIG bankruptcy. As concerns rose regarding AIG's financial credibility, in October 2009, the Department negotiated and accepted a "payout" in the amount of $18,661,876 which represented the principal and accrued interest as of that date. These funds are currently invested in LAIF and Federal Agencies investments. The Department continues to review alternate investment options for these funds. Note 13: Net assets Restricted for debt service: Cash & investments with fiscal agent Less: portion offsetting unexpended debt proceeds held in debt service amounts Water Sewer $ 156,145,906 $ 91,409,351 (16,859,775) (11,052,837) (35,000) (19.539,695) 50,059 3,560,993 387.500 139,688,690 64,377,812 1,528,434 10,463,625 11.610,844 23.520.380 $ 152 827 968 $ ~8361 745 $ 50,059 $ 3,560,993 (50,059) (3,560,993) $- L Total capital assets (net) Less related debt: - Notes payable - Bonds payable - Certificates of participation Add back: - Debt offsetting debt service reserves - Note proceeds held by state Total invested in capital assets, net of debt Restricted net assets - (Capital fees) Unrestricted net assets Total net assets 30 City of San Bernardino Municipal Water Department Notes to Basic Financial Statements For the fiscal year ending June 30, 2010 Note 14: Subsequent Event On December 13, 2010, the U.S. Fish and Wildlife Service published a rule to protect a threatened fish (the Santa Ana Sucker) along parts of the Santa Ana River. The rule prohibits any action that destroys or harms the habitat and augments other protections already provided for the fish. Opponents of the designation contend that the plan should not include areas of the upper Santa Ana River because the fish is not known to live there, and the new restrictions may stop the Department from using a crucial water source. Water lost downstream may not be stored in local basins and the population loses much of its use. Importing water from other areas would present higher costs to the Department and its local consumers. 31 Municipal Water Department Of the City of San Bernardino, California Mayor of the City of San Bernardino Patrick J. Morris Board of Water Commissioners Toni Callicott, President B. Warren Cocke, Commissioner Louis A. Fernandez, Commissioner Norine 1. Miller, Commissioner Wayne Hendrix, Commissioner Administration Stacey R. Aldstadt, General Manager Robin L. Ohama, Deputy General Manager MatthewH. Litchfield, P.E, Director of Water Utilities John Claus, Director of Water Reclamation Valerie K. Housel, Director of Environmental and Regulatory Compliance Don Shackelford, Director of Accounting and Finance Organization The City of San Bernardino Municipal Water Department was formed in 1904 under the Charter of the City of San Bernardino. The Department is governed by the Board of Water Commissioners, who are appointed by the Mayor of the City of San Bernardino. The Charter gives the Board of Water Commissioners semi- autonomous authority to govern the Department independent of the City Council. TIle Department operates two enterprise funds: the Water Utility Enterprise Fund and the Sewer Treatment Utility Enterprise Fund. Water service encompasses the City, with the exception of the east end, which is served by the East Valley Water District. Sewer treatment service encompasses all of the City of San Bernardino, the City of Loma Linda, the fonner Norton Air Force Base, Patton State Hospital and portions of the areas serviced by East Valley Water District. Water production and utilization (in cubic feet) Total water production Percentage of water lost 2,141,816,510 6.1% 2,422,017,020 7.7% 2008 1,914,684,000 362,858,972 74,856,597 2,352,399,569 2,572,568,800 8.6% Fiscal year ended June 30 Water sold to customers Water sold to agencies Water used by City Total water utilization 2010 1,686,471,800 241,022,425 84.284,718 2,0] 1,778,943 2009 ] ,833,498,000 319,104,303 83,505.608 2,236,107,911 32 Cost of Water Production Fiscal Year ended June 30 2010 2009 2008 Tota] water production (hc/) 21,418,]65 24,220,170 25,725,688 Production and pump expense Salaries & benefits $ 1,473,474 $ 1,367,844 $ 1,359,697 Employee related 5,676 9,019 10,] 81 Office related 21,674 26,9]7 29,599 Contract services 24,500 Pennits & fees 74,389 70,478 51,686 Utilities 4,175,]35 3,980,007 4,273,914 Materials & supplies 23,] 51 24,570 31,137 Equipment 57,014 29,755 139,928 Chemical & carbon 664.595 758.495 732,931 Subtotal 6,519,608 6,267,087 6,629,073 Water stock assessmenl~ 60,544 200,228 105,990 Supplemental water purchase 850,000 350,000 670,000 Water extraction fees 13.080 21,476 27.161 Total expense before depreciation 7,443,232 6,838,788 7,432,224 Depreciation 3.741,479 4.166.816 3.396,226 Total expense .$.11,J 84.JU W&Oj.QQ4 $JJLS28,45Q Cost per Acre Foot 2010 2009 2008 Acre feet of water 49,169.34 55,601.86 59,058.06 Direct operating costs $ 132.59 $ 112.71 $ 112.25 Assessments, purchases & extraction ] 8.78 10.28 ]3.60 Depreciation 76.09 74.94 57.51 Total cost per acre foot .L ?27.4~ $ J97.93- $ _ lKt.36 33 Water Rate schedules (adopted January 5, 2010) Effective date Meter size: ($/month) 5/8" %" 1" January 1,2012 January 1, 2011 1-1/2" 2" 3" 4" 6" 8" 10" $ 12.90 $ 16.15 $ 22.60 $ 38.80 $ 58.20 $ 103.50 $ 168.20 $ 330.00 $ 524.15 $ 750.65 $ 12.20 $ 15.15 $ 21.00 $ 35.75 $ 53.45 $ 94.75 $ 153.70 $ 301.15 $ 478.10 $ 684.55 Elevation zone: ($/hct) Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 $ 0.11 $ 0.10 $ 0.19 $ 0.18 $ 0.17 $ 0.16 $ 0.14 $ 0.13 $ 0.23 $ 0.22 $ 0.23 $ 0.22 $ 1.15 $ 1.10 $ 0.35 $ 0.30 $ 0.09 $ 0.09 Commodity rates Water ($/hcf) Conservation ($/hcf) Replenishment ($/hcf) Sewer treatment rates (proposed January 10, 20 II) Effective (proposed) date January 1, 2012 February 1, 2011 Residential (per month) $ 18.50 $ 17.00 Multi family (per month) $ 2.40 $ 2.20 Multi family (per het) $ 1.25 $ 1.10 Commercial (per month) $ 2.40 $ 2.20 - Retail (per het) $ 2.10 $ 2.00 - Auto repair (per bet) $ 1.30 $ 1.30 - Office/motel (per het) $ 1.50 $ 1.50 - Restaurants (per bet) $ 2.70 $ 2.35 - Laundromats (per hd) $ 1.50 $ 1.40 - Health care (per het) $ 1.35 $ 1.15 - Schools (per hct) $ 1.10 $ 0.90 - Churchs (per het) $ 1.10 $ 0.90 Domestic liquid waste $ 0.04 $ 0.04 Industrial (monthly/unit) $ 1.00 $ 1.00 - Water usage (per het) $ 0.35 $ 0.35 - Discharge (per mmg) $ 900.00 $ 900.00 - Biochemical (1000 Ibs) $ 330.00 $ 330.00 - Suspended solids (1000Ibs) $ 640.00 $ 640.00 34 February 1,2010 $ 10.55 $ 13.00 $ 17.90 $ 30.15 $ 44.85 $ 79.15 $ 128.15 $ 250.70 $ 397.75 $ 569.30 $ 0.09 $ 0.17 $ 0.15 $ 0.12 $ 0.21 $ 0.21 $ 1.05 $ 0.25 $ 0.09 .January 1,2010 $ 16.00 $ 2.00 $ 0.95 $ 2.00 $ 1.90 $ 1.30 $ 1.50 $ 2.00 $ 1.30 $ 095 $ 0.70 $ 0.70 $ 0.04 $ 1.00 $ 0.34 $ 860.00 $ 280.00 $ 610.00 Schedule of Water Production (by plant) Pumping plant 2010 2009 2008 Anti! 403,700 3,187,500 7,230,500 Baseline & California 10,291,500 17,030,300 13,181,800 Cajon Blvd 126,503,900 154,296,100 180,770,100 Cajon & Vincent 32,509,400 36,383,100 27,090,300 Devil Canyon 131,267,210 119,543,520 97,533,700 EPA-Newmark 584,506,900 658,427,200 658,427,200 EP A - Muscoy 481,589,000 510,480,900 544,411,900 40th Street 2,004,100 2,775,500 1,030,100 Gilbert Street 1,984,500 18,356,700 61,852,400 IVDA #11 3,113,800 4,261,200 2,909,300 Kenwood 114,394,300 116,867,000 146,497,800 LeRoy Street 39,573,700 26,660,100 34,819,700 Lynwood 48,117,200 59,487,600 49,079,300 Lytle Creek 22,334,700 31,738,000 14,934,300 Mallory 18,003,300 28,712,000 11,402,900 Mill & "D" 15,222,700 18,942,400 18,743,500 Newmark 87,820,300 170,516,700 183,678,000 19th Street 87,841,600 78,886,800 84,608,100 Olive & Garner 30,917,600 67,065,900 56,468,700 Perris Hill 15,400 42,900 130,900 7tl. street 6,837,900 9,706,100 2,217,500 Sierra Way & 16th 98,138,200 90,576,200 86,170,100 loth & "J" 64,699,400 98,529,200 70,158,900 30th & Mountain View 77,000,800 67,436,800 92,911,700 27th street 7,247,000 21,888,300 20,881,000 Waterman 49,478,400 35,403.100 79.205.900 Total water produced 2,141,816,510 2,422,017,020 2,546,345,600 Purchased water 26.223200 Total water production 2.141.816.51Q 6dm.17.02-.Q b5Jk5_6.a..8..QQ Water connections by user type User type 20]0 2009 2008 Single family 34,644 34,450 34,316 Multiple family 2,808 2,810 2,834 Commercial 3,902 3,985 4,003 Other ~ ~ L755 Total all users _43,l12 A3.Jl61 ._:!l.~1 Water revenue by user type User type 2010 2009 2008 Single family $ 13,914,457 $ 13,943,439 $ 13,419,093 Multiple family 3,442,271 3,547,8II 3,419,696 Commercial 5,864,254 5,990,149 5,765,993 Other 1.215,855 1.426.183 1,518.693 Total all users $-2.AA3~837 L 24..2Q1.2_82 L~4..l..7.1, 4 7 ~ 35 Sewer connections by district served User type 2010 San Bernardino residential Non residential East Valley residential Non residential Lorna Linda residential Non residential Total all users Sewer revenue by district served User type San Bernardino residential Non residential East Valley residential Non residential Lorna Linda residential Non residential Total all users 32,307 5,196 ]8,157 1,132 4,688 -ill 6~.068 2010 $ 6,670,859 6,699,228 3,348,238 2,185,072 839,45] 1.016,088 ~_;2.9i 7 5E.9J~ 36 2009 2008 32,050 5,434 17,986 1,146 4,692 --ill 6 1 ,.8~ 32,058 5,491 17,956 1,159 4,407 -2lQ -<iLMl 2009 $ 6,197,816 6,570,125 3,22],455 2,213,946 767,075 1,011.795 .$.J.9--282~212 2008 $ 6,288,804 6,625,012 3,285,452 2,139,543 781,159 984.117 S.2Jll Q4.08~ City of San Bernardino Municipal Water Department Single Audit Report on Federal A wards Year ended June 30, 2010 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Single Audit Report on Federal Awards Year ended June 30, 2010 TABLE OF CONTENTS Report on Compliance and Other Matters and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance with Requirements that Could Have a Direct and Material Effect on Each Major Progranl, Internal Control over Compliance and on the Schedule of Expenditures of Federal Schedule of Expenditures of Federal Awards In Accordance with OMB Circular A-I33 Schedule of Expenditures of Federal Awards Notes to the Schedule of Expenditures of Federal Awards Schedule of Findings and Questioned Costs Summary Schedule of Prior Audit Findings Page 1 3 5 6 8 10 Mayer Hoffman McCann RC. An Independent CPA Firm 2301 Dupont Drive, Suite 200 Irvine, California 92612 949-474-2020 ph 949-263-5520 fx www.mhm-pc.com City of San Bernardino Municipal Water Department REPORT ON COMPLIANCE AND OTHER MATTERS AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS We have audited the governmental activities, each major fund, and the aggregate remaining fund information of the City of San Bernardino Municipal Water Department (Department), as of and for the year ended June 30, 2010, which collectively comprise the Department's basic financial statements and have issued our report thereon dated December 15, 2010. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to fmancial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Department's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Department's internal control over fmancial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Department's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Department's internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. City of San Bernardino Municipal Water Department Page Two Our consideration of the internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily disclose all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identifY any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. This report is intended solely for the information and use of the Board of Water Commissioners and management of the Department, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. 4/..,.",.. ~~..- m4'C"~ I'.c: Irvine, California December 15, 2010 2 I Mayer Hof'fman McCann P.C. An Independent CPA Firm 2301 Dupont Drive, Suite 200 Irvine, California 92612 949-474-2020 ph 949-263-5520 fx www.mhm-pc.com City of San Bemardino Municipal Water Department REPORT ON COMPLIANCE WITH REQUIREMENTS THAT COULD HAVE A DIRECT AND MATERIAL EFFECT ON EACH MAJOR PROGRAM, INTERNAL CONTROL OVER COMPLIANCE AND ON THE SCHEDULE OF EXPENDITURES OF FEDERAL A WARDS IN ACCORDANCE WITH OMB CIRCULAR A-B3 Compliance We have audited the compliance of the City of San Bemardino Municipal Water Department (Department), 'with the types of compliance requirements described in the OMB Circular A-133 Compliance Supplement that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2010. The Department's major federal programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to its major federal programs is the responsibility of the Department's management. OUf responsibility is to express an opinion on the Department's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and OMB Circular A~133. Those standards and OMB Circular A-I33 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about Department's compliance with those requirements and perfonning such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of Department's compliance with those requirements. In our opinion, the Department complied, in all material respects, with the requirements referred to above that could have a direct and material effect on each of its major federal progranls for the year ended June 30, 2010. However, an immaterial instance on noncompliance was noted and is described at Section D of the accompanying Schedule of Findings and Questioned Costs. ~ .J City of San Bernardino Municipal Water Department Page Two Internal Control Over Compliance The management of the Department is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the Department's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Department's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable a possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. Our consideration of the internal control over compliance was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. Schedule of Expenditures of Federal A wards We have audited the financial statements and the accompanying schedule of expenditures of federal awards of the Department as of and for the year ended June 30, 2010, and have issued our report thereon dated November 29, 2010. Our audit was performed for the purpose of forming our opinion on the financial statements that collectively comprise the Department's basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. This report is intended for the information a..lld use of the Board of Water Commissioners, management of the Department, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. ~ M~- /71'.4.~~. Irvine, California December 15, 2010 4 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedule of EX'Penclitures of Federal Awards Year ended June 30, 2010 66.202 XP-979891O 1-5 $ 1,294,822 * 1,294,822 ^ # 537,039 859,520 114,652 276,987 107,262 1,895,460 * $ 3,190,282 Federal Grantor! Federal Domestic Assistance Number Program Title United States Environmental Protection Agency (EPA) Water Infrastructure Congressionally mandated projects U.S. Department of Armv Operations and maintenance: Nev.'lllark Muscoy Site wide monitoring Project management Institutional controls program Total Expenditures of Federal Awards ^ A CFDA number has not been assigned # A PIN number has not been assigned * Major program Program Identification Number See accompanying notes to the schedule of expenditures offederal awards. 5 Program Expenditures CITY OF SAN BERi\TARDINO MIJNICIP AL WATER DEPARTMENT Notes to the Schedule of Expenditures of Federal Awards Year ended June 30, 2010 (1) Summary of Significant Accounting Policies A?plicable to the Schedule of Expenditures of Federal A wards (a) Scope of Presentation The accompanying schedule presents only the expenditures incurred by the Department that are reimbursable by agencies providing federal assistance. For the purposes of this schedule, federal financial assistance includes both federal financial assistance received directly from a federal agency, as well as federal funds received indirectly from a non-federal agency or other organization. Only the portion of program expenditures reimbursable with such federal funds are reported in the accompanying schedule. Program expenditures in excess of the maximum federal reimbursement authorized or the portion of the program expenditures that were funded with state, local or other non-federal funds are excluded from the accompanying schedule. (b) Basis of Accounting The expenditures included in the accompanying schedule were reported on the accrual basis of accounting. Under the accrual basis of accounting, expenditures are recognized when incurred. Expenditures reported include any property or equipment acquisitions incurred under the federal program. (c) Subrecipients During the fiscal year ended June 30, 2010, there were no disbursements made to subrecipients. (2) Background of Consent Decree In 1996, the City of San Bernardino (City) filed a complaint against the United States of America, Department of the Army (Army) to recover damages, response costs and other available remedies relating to contamination alleged to have originated at a W orId War II Army installation known as Camp Ono. In March 2005, the United States District Court, Central District, entered judgment, in the form of a consent decree (Consent Decree), in the matter of City of San Bernardino v. United States of America. The consent decree settles the City's and the State's claims arising from the groundwater contamination allegedly caused by the Army. The Consent Decree contains a number of provisions obligating the City (through the Municipal Water Department) to operate and maintain the Newmark Groundwater Superfund site (Site). The Site consists of two operable units, the Newmark Operable Unit and the Muscoy Operable Unit. The Newmark Operable Unit was declared operational and functional in 1998. 6 CITY OF SAN BERNARDINO MUNICIP AL WATER DEPARTMENT Notes to the Schedule of Expenditures of Federal Awards Year ended June 30, 2010 (2) Background of Consent Decree (Continued) The Consent Decree provided for a payment of $69 million from the Army to the City for performance of the work outlined in the consent decree. Upon entry of the Consent Decree, the City, through the Department, received title to all facilities constructed by the United States Environmental Protection Agency (EP A) for the Site and agreed to operate and maintain the groundwater extraction and treatment system for a period of 50 years. The $69 million dollar payment consisted of $59 million for operation and maintenance and $10 million for the construction of certain capital facilities that would be required in the future. The funds are subject to strict limitations, contained in the Consent Decree, as to how they may be spent. Pursuant to the Consent Decree, $10 million, including interest eamed, has been set aside to be used only for (i) funding construction of treatment and directly related transmission systems that expanded the Department's capacity to deliver potable water, and (ii) funding work performed by the Department to complete construction of the Muscoy Operable Unit extraction system. These "capital facility" funds may not be used for costs incurred to operate, maintain, repair or retrofit components of the Site extraction or treatment systems constructed by EPA. In September 2007, the Muscoy Operable Unit was declared operational and functional. (3) Background of EP A grant The City of San Bemardino applied for a grant through the US Environmental Protection Agency in May 2004, to provide assistance in support of the City of San Bernardino's Lakes and Streams Project. In total, $1,870,700 of earmarks were obtained for that purpose. The project scope changed and a Congressional Technical Correction was granted in April 2008 authorizing the utilization of funds for water infrastructure needs, specifically the construction of the San Bernardino Municipal Water Department's Palm No. 3 reservoir. This project resolves critical water delivery deficiencies by installing storage supporting accessibility to adequate domestic water supplies to meet consumer demands within a certain pressure zone. The project is ongoing and expected to be compLete during fiscal year 2011. 7 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedule of Findings and Questioned Costs Year ended June 30, 2010 (A) Summary of Auditors' Results 1. An unqualified report was issued by the auditors on the financial statements of the auditee. 2. There were no material weaknesses in internal control over financial reporting based upon our audit of the financial statements of the auditee. 3. The audit disclosed no noncompliance which is material to the financial statements of the auditee. 4. There were no material weaknesses in internal control over the major programs of the auditee. 5. An unqualified report was issued by the auditors on compliance for its major progran1s. 6. The audit disclosed no audit finding required by the auditors to be reported under paragraph .510(a) ofOMB Circular A-133. 7. The major programs of the auditee were the U.S. Environmental Protection Agency - Water Infrastructure - Congressionally Mandated Projects CFDA No 66.202 and the U.S. Department of Army - Consent Decree. 8. The dollar threshold used to distinguish Type A and Type B programs was $300,000. 9. The auditee was considered a high risk auditee, as defined by OMB Circular A-133, paragraph .530, for the year ended June 30, 2010 for the purpose of determining major programs. (B) Findings Related to the Financial Statements which are Required to be Reported 111 Accordance with GAGAS There are no auditors' findings to be reported in accordance with GAGAS. (C) Findings and Questioned Costs for Federal Awards as Defined in Paragraph .510(a) ofOMB Circular A-l33 There are no auditors' findings required to be reported in accordance with paragraph .510(a) ofOMB Circular A-I33. 8 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedule of Findings and Questioned Costs Year ended June 30, 2010 CD) Other Items During our testing of allowable costs we noted unbudgeted personnel costs in the amount of $8,102 were submitted for reimbursement. Subsequent to the audit, a correction was made to refund the personnel costs. 9 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Summary Schedule of Prior Audit Findings Year ended June 30, 2010 There were no prior audit iindings requiring follow up from the year ended June 30, 2009. 10 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT BOARD OF WATER COMMISSIONERS TONI CALLICOTT President Commissioners B. WARREN COCKE NORINE I. MILLER LOUIS A. FERNANDEZ WAYNE HENDRIX "Trusted, Quality Service since 1905" December 20, 2010 Mayer Hoffman McCann P.C. 2301 Dupont Drive, Suite 200 Irvine, California 92612 Gentlemen: STACEY R. ALDST ADT General Manager ROBIN L. OHAMA Deputy General Manager MATTHEW H. LITCHFIELD, P.E. Director of Water Utility JOHN A. CLAUS Director of Water Reclamation DON SHACKELFORD Director of Finance VALERIE HOUSEL Director of Environmental & Regulatory Compliance We are providing this letter in connection with your audit(s) of the financial statements of San Bernardino Municipal Water Department as of June 30th, 2010, and for the fiscal year then ended for the purpose of expressing opinions as to whether the financial statements present fairly, in all material respects, the respective financial position of the financial statements of the San Bernardino Municipal Water Department and the respective changes in financial position and, where applicable, cash flows thereof in conformity with U.S. generally accepted accounting principles. We confirm that we are responsible for the fair presentation of the previously mentioned financial statements in conformity with U.S. generally accepted accounting principles. We are also responsible for adopting sound accounting policies, establishing and maintaining effective internal control over financial reporting, and preventing and detecting fraud. We confirm, to the best of our knowledge and belief, as of December 20th, 2010, the following representations made to you during your audit(s): 1. The financial statements referred to above are fairly presented in conformity with U.S. generally accepted accounting principles and include all properly classified funds and other financial information of the primary government and all component units required by generally accepted accounting principles to be included in the financial reporting entity. 2. We have made available to you all A. financial records and related data, and B. minutes of the meetings of Board of Water Commissioners or summaries of actions of recent meetings for which minutes have not yet been prepared. 3. There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices. 4. There are no material transactions that have not been properly recorded in the accounting records underlying the financial statements or the schedule of expenditures of federal awards. 300 North "D" Street, San Bernardino, California 92418 P.O. Box 710, 92402 Phone: (909) 384-5141 FACSIMILE NUMBERS: Administration: (909) 384-5215 Engineering: (909) 384-5532 Customer Service: (909) 384-7211 Corporate Yards: (909) 384-5260 Water Reclamation Plant: (909) 384-5258 Mayor Hoffman McCann, P.C. December 20, 2010 Page 2 of 5 5. We believe the effects of the uncorrected financial statement misstatements summarized in the attached schedule are immaterial, both individually and in the aggregate, to the financial statements for each opinion unit. 6. We acknowledge our responsibility for the design and implementation of programs and controls to prevent and detect fraud. 7. We have no knowledge of any fraud or suspected fraud affecting the entity involving: A. management, B. employees who have significant roles in internal control, or C. others where the fraud could have a material effect on the financial statements. 8. We have no knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, analysts, regulators, or others. 9. We have taken timely and appropriate steps to remedy fraud, illegal acts, violations of provisions of contracts or grant agreements, or abuse that you have reported to us. 10. We have a process to track the status of audit findings and recommendations. 11. We have identified to you any previous financial audits, attestation engagements, performance audits, or other studies related to the objectives of the audit being undertaken and the corrective actions taken to address significant findings and recommendations. 12. We have provided our views on reported findings, conclusions, and recommendations, as well as our planned corrective actions for the report. 13. The San Bernardino Municipal Water Department has no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or equity. 14. The following, if any, have been properly recorded or disclosed in the financial statements: A. Related party transactions, including revenues, expenditures/expenses, loans, transfers, leasing arrangements, and guarantees, and amounts receivable from or payable to related parties. B. Guarantees, whether written or oral, under which the San Bernardino Municipal Water Department is contingently liable. C. All accounting estimates that could be material to the financial statements, including the key factors and significant assumptions underlying those estimates and measurements. We believe the estimates and measurements are reasonable in the circumstances, consistently applied, and adequately disclosed. 15. We are responsible for compliance with the laws, regulations, and provisions of contracts and grant agreements applicable to us, including tax or debt limits and debt contracts; and we have identified and disclosed to you all laws, regulations and provisions of contracts and grant agreements that we believe have a direct and material effect on the determination of financial statement amounts or other financial data significant to the audit objectives, including legal and contractual provisions for reporting specific activities in separate funds. Mayor Hoffman McCann, P.C. December 20,2010 Page 3 of 5 16. There are no A. violations or possible violations of budget ordinances, laws and regulations (including those pertaining to adopting, approving, and amending budgets), provisions of contracts and grant agreements, tax or debt limits, and any related debt covenants whose effects should be considered for disclosure in the financial statements, or as a basis for recording a loss contingency, or for reporting on noncompliance; B. unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with Financial Accounting Standards Board (FASB) Statement No.5, Accounting for Contingencies; C. other liabilities or gain or loss contingencies that are required to be accrued or disclosed by FASB Statement No.5; or D. reservations or designations of fund equity that were not properly authorized and approved. 17. As part of your audit, you assisted with preparation of the financial statements and related notes and schedule of expenditures of federal awards. We have designated an individual with suitable skill, knowledge, or experience to oversee your services and have made all management decisions and performed all management functions. We have reviewed, approved, and accepted responsibility for those financial statements and related notes and schedule of expenditures of federal awards. 18. The San Bernardino Municipal Water Department has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets, nor has any asset been pledged as collateral. 19. The San Bernardino Municipal Water Department has complied with all aspects of contractual agreements that would have a material effect on the financial statements in the event of noncompliance. 20. We have followed all applicable laws and regulations in adopting, approving, and amending budgets. 21. The financial statements, as applicable, include all component units as well as joint ventures with an equity interest, and properly disclose all other joint ventures and other related organizations. 22. The financial statements properly classify all funds and activities. 23. Provisions for uncollectible receivables have been properly identified and recorded. 24. Expenses have been appropriately classified in or allocated to functions and programs in the statement of activities, and allocations have been made on a reasonable basis. 25. Revenues are appropriately classified in the statement of activities within program revenues, general revenues, contributions to term or permanent endowments, or contributions to permanent fund principal. 26. Interfund, internal, and intra-entity activity and balances have been appropriately classified and reported. 27. Special and extraordinary items are appropriately classified and reported. 28. Deposits and investment securities are properly classified as to risk, and investments are properly valued. 29. Capital assets, including infrastructure assets, are properly capitalized, reported, and (if applicable) depreciated. 30. Required supplementary information (RSI) is measured and presented within prescribed guidelines. Mayor Hoffman McCann, P.C. December 20,2010 Page 4 of 5 31. With respect to federal award programs: A. We are responsible for complying and have complied with the requirements of OMS Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. S. We have, in accordance with OMS Circular A-133, prepared the schedule of expenditures of federal awards, and have included in the schedule expenditures made during the audit period for all awards provided by federal agencies in the form of grants, federal cost-reimbursement contracts, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance. C. We are responsible for complying with, and have complied with in all material respects, the requirements of laws, regulations, and the provisions of contracts and grant agreements related to each of our federal programs and have identified and disclosed to you the requirements of laws, regulations, and the provisions of contracts and grant agreements that are considered to have a direct and material effect on each major federal program. D. We are responsible for establishing and maintaining, and have established and maintained, effective internal control over compliance requirements applicable to federal programs that provides reasonable assurance that we are managing our federal awards in compliance with laws, regulations, and the provisions of contracts and grant agreements that could have a material effect on our federal programs. We believe the internal control system is adequate and is functioning as intended. Also, no changes have been made in internal control over compliance or other factors to the date of this letter that might significantly affect internal control, including any corrective action taken with regard to control deficiencies reported in the schedule of findings and questioned costs. E. We have made available to you all contracts and grant agreements (including amendments, if any) and any other correspondence with federal agencies or pass-through entities relating to major federal programs. F. We have received no requests from a federal agency to audit one or more specific programs as a major program. G. We have complied, in all material respects, with the compliance requirements, including when applicable, those set forth in the OMS Circular A-133, Compliance Supplement, relating to federal awards and have identified and disclosed to you all amounts questioned and any known noncompliance with the requirements of federal awards, including those resulting from other audits or program reviews. H. Amounts claimed or used for matching were determined in accordance with relevant guidelines in OMS Circular A-8l, Cost Principles for State, Local, and Tribal Governments, and OMS's Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. I. We have disclosed to you our interpretation of compliance requirements that may have varying interpretations. J. We have made available to you all documentation related to the compliance requirements, including information related to federal program financial reports and claims for advances and reimbursements. K. Federal program financial reports and claims for advances and reimbursements are supported by the books and records from which the financial statements have been prepared. L. We have charged costs to federal awards in accordance with applicable cost principles. Mayor Hoffman McCann, P.C. December 20,2010 Page 5 of 5 M. The copies of federal program financial reports provided you are true copies of the reports submitted, or electronically transmitted, to the respective federal agency or pass-through entity, as applicable. N. We are responsible for and have accurately prepared the summary schedule of prior audit findings to include all findings required to be included by OMS Circular A-133 and we have provided you with all information on the status of the follow-up on prior audit findings by federal awarding agencies and pass-through entities, including all management decisions. O. We are responsible for and have accurately prepared the auditee section of the Data Collection Form as required by OMS Circular A-133, and we are responsible for preparing and implementing a corrective action plan for each audit finding. P. We have disclosed to you all contracts or other agreements with service organizations, and we have disclosed to you all communications from the service organizations relating to noncompliance at the service organizations. 32. No events, including instances of noncompliance, have occurred subsequent to the balance sheet date and through the date of this letter that would require adjustment to or disclosure in the aforementioned financial statements. Signed: ,~~ General Manager Signed: o December 20, 2010 Date: December 20,2010 Date: