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~ Cliff Hall Summit Contracting Delay February 23, 1994 2 B. Summary of My Activities, Concerning the Summit Contract: 1. July 23, 1993: Emergency Loan approved by the CWCB. 2. July 26 to September 1, 1993: Preparation and routing of the personal services contract for Harris Water Engineers (Small Dam Site Reconnaissance Study, $35,000). This process involved five major agencies, and 22 different people. It also required 55 phone calls and 18 personal visits to secure final approval, although no contract revisions were necessary. No work was accomplished on the Summit Contact during this time frame. 3. September 1993 - October 1993: Work started on the Summit Contract. The Emergency Infrastructure Account was a new loan program in 1993, and, even though administrative procedures and application guidelines had been developed and approved in July, it was still necessary to develop a new format for the Emergency Loan Contract. The Sanchez Reservoir Loan Contract (which was the impetus for creation of the Emergency Infrastructure Account) was used as the best similar example and starting point. However, after reading, this contract was found to contained overlapping and redundant language, and to be so ambiguous on certain issues that it was felt it would be unenforceable if ever challenged in a court of law. About 50 man hours were spent rewriting the contract, with input from Jennifer Gimbal and Lynn Obernyer of the AG's office. ~dci Kay: ";;,'al> alB~ i.l.~I.",J ill lL;,1, l'nlilftil'lary rc"(iew proeess. - During this same time frame, the Summit Reservoir Company (Borrower) completed the emergency repairs to their dam and ditch, knowing that all construction must be completed before winter. The AG's office was kept informed of these developments, and it was always understood and accepted that the Company would complete the work using local bank financing, and then refinance the loan with the ewCB after the contract was finalized. 4. November 1993: The entire month was consumed in preparation for and attendance at the November 9-10 CWCB Board meeting. Seventeen loans were presented to the Board for approval, a process that involved two man weeks in preparation, and 4.5 hours of presentation time at the CWCB Board meeting. Letters of confirmation were sent to all 17 potential borrowers, and each received a personal phone call. 5. December 1-10,1993: The final draft of the Summit Contract was completed and reviewed by DNR representatives at the AG's office. The Contract was final typed and mailed to the Borrower December 10th via overnight mail. 6. December 13, 1993 - January 18, 1994: Borrower review and signing of the contract documents. The signed documents were mailed back to us January 14, 1994 and received January 18, 1994, one day before the January CWCB Board meeting.