HomeMy WebLinkAbout2009-12-22; City Council; 20080; Settlement Armenta Et Al V James Jones CompanyCITY OF CARLSBAD - AGENDA BILL 10
AB# 20,080
MTG. 12/22/09
DEPT. CA
REPORTING OUT THE SETTLEMENT
AGREEMENT OF ARMENTA ETAL V.
JAMES JONES COMPANY
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
There is no action to be taken by the City Council.
ITEM EXPLANATION:
James Jones Company is a manufacturer of pipes and other parts that are placed in water
systems. Nora Armenia was a whistleblower employee that alleged that the company sold
product that contained too high of a content of lead and zinc, which could cause premature
failure. Numerous California public agencies joined in the action as Real Parties in Interest. All
parties have now settled for the amount of $39 million after a lengthy mediation. Carlsbad's
share is $501,688. The City Council gave the authority to the City Attorney for the settlement at
its closed session of June 23, 2009. This item satisfies the Brown Act requirement to report the
fact of a settlement approved in a prior closed session and makes the terms and conditions of
the settlement available to the public.
FISCAL IMPACT:
The settlement amount to the City is $501,688.64 which has been placed into the water
replacement fund.
ENVIRONMENTAL IMPACT:
Reporting out the fact of Settlement is not a "project" within the meaning of CEQA and therefore
environmental review is not required pursuant to CEQA Regulation 15061(b)(3).
EXHIBIT
1. Settlement Agreement and Mutual Release on file with the City Clerk.
DEPARTMENT CONTACT: Ron Ball 760-434-2801
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
Coiinr.il accepted tbe report.
D
D
D
D
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Release (hereinafter, the "Agreement") is made
and entered into by and between the following:
A. Alameda County Water District, City of Burbank, Helix Water District,
Irvine Ranch Water District, Padre Dam Municipal Water District, City of
Pomona, Rancho California Water District, City of San Diego, City of San
Jose, Sweetwater Authority, Valley Center Municipal Water District
(collectively, the "Armenia Intervenors"); and
B. City of Banning, City of Carlsbad, City of Colton, Contra Costa Water
District, City of Corona, City of Del Mar, City of Delano, Elsinore Valley
Municipal Water District, City of Fullerton, City of Glendale, City of
Hemet, City of Huntington Beach, City of La Habra, City of Loma Linda,
City of Lompoc, Mesa Consolidated Water District, Moulton Niguel
Water District, City of Oceanside, Olivenhain Municipal Water District,
Otay Water District, City of Oxnard, Palmdale Water District, City of
Pasadena, City of Petaluma, City of Pico Rivera, City of Poway, Rainbow
Municipal Water District, City of Redlands, City of Riverside, City of
Sacramento, San Bernardino Municipal Water Department, City of Santa
Barbara, City of Santa Cruz, Santa Margarita Water District, City of Santa
Maria, City of Santa Rosa, City of South Pasadena, City of Upland,
Vallecitos Water District, City of Vallejo, Valley of the Moon Water
District, City of Westminster, Town of Windsor (collectively, the
"Banning Plaintiffs"); and
C. Nora Armenia and the Real Parties in Interest on whose behalf Relator has
asserted claims (the "Relator" or "Qui Tarn Plaintiff'); and
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D. James Jones Company LLC ("Jones"), Mueller Co. Ltd ("Mueller"), Tyco
International ("Tyco"), and Watts Water Technologies, Inc., formerly
known as Watts Industries, Inc. ("Watts") (collectively, the "Defendants").
E. "Plaintiffs' Attorneys" shall include counsel and the law firms that have
appeared for the Armenia Intervenors, the Banning Plaintiffs, and the
Relator.
1. RECITALS
WHEREAS, the complaints filed by the Relator in Has. Armenia Action (as
defined herein) allege violations by Defendants of the California False Claims Act and
were brought in the names of various governmental entities identified in Relator's
complaints; and
WHEREAS, the Armenia Intervenors intervened in \hzArmenta Action, and
certain of the Armenia Intervenors filed Complaints-in-Intervention in the Armenia
Action incorporating Relator's allegations and asserting claims under the California False
Claims Act and various common-law theories of recovery; and
WHEREAS, the Banning Plaintiffs filed complaints alleging certain misconduct
by Defendants in the Banning Action and asserting claims under various common-law
theories of recovery; and
WHEREAS, Defendants have denied all liability in the Armenta and Banning
Actions (collectively the "Actions"); and
WHEREAS the Parties presented their disputes regarding the Claims in mediation
to the Honorable Peter D. Lichtman, and on June 10,2009, reached a settlement subject
to approval by the governing boards of the Armenta Intervenors and the Banning
Plaintiffs;
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NOW, THEREFORE, the Parties hereby agree as follows:
2. AGREEMENT
In consideration of the mutual promises, agreements, releases, covenants, and
conditions contained in the recitals above and the provisions set forth below, the
sufficiency of such conditions being hereby acknowledged, the Parties agree to settle
their disputes regarding the Claims pursuant to the terms stated below.
3. DEFINITIONS
The following definitions shall apply in this Agreement:
3.1. As used herein, the term "Actions" shall mean and refer to the Armenia
Action and the Banning Action, as defined herein.
3.2. As used herein, the term "Armenta Action" shall mean and refer to the
legal action captioned State of California, et al., ex rel. Nora Armenta v. James Jones
Company, et al., Case No. BC 173487, pending in the Superior Court of the State of
California, County of Los Angeles. The term "Armenta Action" shall include, without
limitation, all complaints and complaints-in-intervention and shall encompass all
allegations made in any pleading or document filed or lodged in the Armenta Action.
3.3. As used herein, the term "Banning Action" shall mean and refer to the
legal action captioned City of Banning, etal. v. James Jones Company, LLC, et al, Case
No. BC 321513, pending in the Superior Court of the State of California, County of Los
Angeles. The term "Banning Action" also shall include the pending appeal entitled City
of Banning, et al. v. James Jones Company, et al, Case No. B 214057, pending in the
Court of Appeal of the State of California, Second Appellate District, Division One. The
term "Banning Action" shall include, without limitation, all complaints and shall
encompass all allegations made in any pleading or document filed or lodged in the
Banning Action.
3.4. As used herein, the term "Claims" shall mean and refer to the claims that
were or could have been advanced hi the Actions by the Plaintiffs.
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3.5. As used herein, the "Effective Date" shall mean and refer to the date by
which the governing boards of all of the Armenia Intervenors and Banning Plaintiffs have
approved the settlement, all of the Parties have executed this Agreement, and the Court
has approved the settlement.
3.6. As used herein, the term "Parties" shall mean and refer collectively to the
Plaintiffs and Defendants, and the term "Party" shall mean and refer to any individual
Plaintiff, Defendant, or Real Party in Interest, as those terms are defined herein.
3.7. As used herein, the term "Payment Date" shall mean and refer to the date
on which the Relator's Attorneys' Fees and Costs and the Settlement Sum, as those terms
are defined herein, are paid in full pursuant to the terms of this Agreement.
3.8. As used herein, the term "Plaintiffs" shall mean and refer to the Relator,
the Armenia Intervenors, the Armenia Real Parties in Interest, and the Banning Plaintiffs
collectively.
3.9. As used herein, the term "Real Parties in Interest" should mean and refer
to all the cities, water districts or other government entities (other than the Armenia
Intervenors) identified in the Armenia Action or on whose behalf the Relator instituted or
prosecuted the Armenia Action.
3.10. As used herein, the term "Relator's Attorneys' Fees and Costs" shall mean
and refer to the sum of $30,000,000, to be paid by Defendants to Relator pursuant to
California Code of Civil Procedure Section 12652(g)(8). The Relator's Attorneys' Fees
and Costs are exclusive of and in addition to the Settlement Sum and any sums
previously paid to settle any portion of the Actions. Neither the payment of the
Settlement Sum nor the prior payment of any amount to settle any portion of the Actions
shall operate to reduce the amount of the Relator's Attorneys' Fees and Costs to be paid
under this Agreement.
3.11. As used herein, the term "Settlement Sum" shall mean and refer to the
sum of $39,000,000, to be paid by Defendants in settlement of the Claims. The
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Settlement Sum is exclusive of and in addition to the Relator's Attorneys' Fees and Costs
and any sums previously paid to settle any portion of the Actions. Neither the payment
of any amount representing Relator's Attorneys' Fees and Costs nor the prior payment of
any amount to settle any portion of the Actions shall operate to reduce the amount of the
Settlement Sum to be paid under this Agreement.
4. PAYMENT
4.1. Within fifteen days after the latest of (i) approval by the Court of this
Settlement Agreement; (ii) approval by the Court of the allocation of the Settlement Sum
to be proposed by the Relator, the Armenia Intervenors, and the Banning Plaintiffs; or
(iii) execution of this Settlement Agreement by all Parties; Defendants shall pay Plaintiffs
the Settlement Sum by wire transfer to the Phillips & Cohen Client Trust Account for
distribution as the Court may approve pursuant to Paragraph 8. The Plaintiffs will pay
the Relator's share and/or any contingency payment out of the Settlement Sum.
4.2. At the same time as the payment in Paragraph 4.1, Defendants shall pay
Relator the Relator's Attorneys' Fees and Costs by wire transfer to the Phillips & Cohen
Client Trust Account for distribution to Relator's counsel.
4.3. After payment of the Settlement Sum and the Relator's Attorneys' Fees
and Costs pursuant to Paragraphs 4.1 and 4.2, Plaintiffs shall file a dismissal of the
Actions with prejudice and Defendants shall have no further liability to the Plaintiffs for
the Claims. Phillips & Cohen shall not distribute the sums deposited to its Client Trust
Account before the dismissal is filed with the Court.
5. BASIS OF SETTLEMENT
No Defendant admits liability for any claim alleged in the Actions, including
without limitation any claim under the False Claims Act or for fraud or other intentional
wrongdoing or misconduct, whether alleged in any complaint or complaint-in-
jntervention in the Armenia or Banning Actions, and this Agreement shall not be
construed as an admission of any wrongdoing or liability by Defendants.
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6. RELEASES
6.1. Subject to the other provisions and limitations set out in this Agreement
and effective as of the later of the Effective Date or the Payment Date, Plaintiffs, for
themselves, their governing bodies, boards, and commissions, officers, agents,
employees, administrators, successors, and assigns, do hereby forego, release, and forever
discharge the Defendants, as well as each of Defendants' respective past and present
affiliates, parents, subsidiaries, divisions, branches, departments, agencies, predecessors,
successors, and the hen's, principals, employees, associates, owners, stockholders,
assigns, devisees, agents, distributors, directors, officers, representatives, insurers,
lawyers, and predecessors and successors in interest, and each of them, and all persons
acting by, through, under, or in concert with Defendants (collectively, the "Defendant
Released Parties") from any and all actions; grounds for complaint; causes of action, in
law or in equity, in contract, in tort, or otherwise; suits; guarantees of indebtedness;
suretyships; debts; liens; contracts; agreements; promises; liability, including all direct
and/or indirect liability (including, without limitation, vicarious liability); claims;
demands; damages; losses; costs; expenses; defenses; set-offs; or recoupments, of any
nature whatsoever, known or unknown to Plaintiffs (regardless of their diligence),
suspected or unsuspected, fixed or contingent, which Plaintiffs now have, ever had, or
shall have against the Defendant Released Parties, or any of them, arising out of or in any
way connected with the Claims or Actions or the facts alleged or asserted or which could
have been alleged or asserted in the Claims or in the Actions. The Parties agree to
request Judge Ann I. Jones, or such other judge as is presiding over the Actions, to order
that the Real Parties in Interest on whose behalf Relator has submitted claims are bound
by the releases herein and this Settlement Agreement and Release to the fullest extent
permitted by law. Defendants, the Armenia Intervenors, the Banning Plaintiffs, and
Relator shall jointly submit to the Court a Proposed Order approving this Agreement in
the form appended hereto as Exhibit A.
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6.2. Subject to the other provisions and limitations set out in this Agreement,
and effective as of the Effective Date, Defendants, for themselves, their administrators,
successors, and assigns, do hereby forego, release, and forever discharge Plaintiffs, as
well as each Plaintiffs respective past and present affiliates, governing bodies, boards,
commissions, agents, administrators, parents, subsidiaries, divisions, branches,
departments, agencies, predecessors, successors, and the heirs, principals, employees,
associates, owners, stockholders, assigns, devisees, agents, distributors, directors,
officers, representatives, insurers, lawyers, and predecessors and successors in interest,
and each of them, and all persons acting by, through, under, or in concert with them
(collectively, the "Plaintiff Released Parties") from any and all actions; grounds for
complaint; causes of action, in law or in equity, in contract, in tort, or otherwise; suits;
guarantees of indebtedness; suretyships; debts; liens; contracts; agreements; promises;
liability, including all direct and/or indirect liability (including, without limitation,
vicarious liability); claims; demands; damages; losses; costs; expenses; defenses; set-offs;
or recoupments, of any nature whatsoever, known or unknown to Defendants (regardless
of diligence), suspected or unsuspected, fixed or contingent, which they now have, ever
had, or shall have against the Plaintiff Released Parties, or any of them, arising out of or
in any way connected with the Claims or Actions or the facts alleged or asserted or which
could have been alleged or asserted in the Claims or in the Actions.
6.3. The Parties hereby waive any and all rights that they may have under any
and all statutes or laws that purport to limit the scope of a general release, including,
without limitation, Section 1542 of the California Civil Code, which provides as follows:
A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time
of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.
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6.4. The release in Paragraph 6.1 above shall not preclude Plaintiffs from
asserting claims for indemnification or contribution in the event that the Plaintiffs are
sued by third parties as a result of harm allegedly caused by the parts supplied to the
Armenia Intervenors, the Banning Plaintiffs or the Real Parties in Interest on whose
behalf Relator has submitted claims. In any such action, the Plaintiffs will not take the
position that Defendants' parts have created any health risk. In addition, neither
Plaintiffs nor Plaintiffs' Attorneys in the Actions presently have any evidence indicating
that any particular person has suffered actual adverse health effects caused by the parts
supplied to the Armenia Intervenors, the Banning Plaintiffs or the Real Parties in Interest.
The representations respecting health effects contained in this paragraph shall not be used
for any purpose other than in connection with an action by a third party against any of the
Plaintiffs. Nothing in this Agreement waives, releases or affects any rights, defenses or
claims that any Plaintiff or Defendant may have against any party in response to any
claim for indemnification or contribution.
7. DISMISSAL OF ACTIONS
7.1. Promptly upon Court approval of this Agreement, Plaintiffs will take all
actions necessary to obtain the dismissal of the Actions with prejudice, except that the
Parties stipulate that all disputes arising from or related to this Agreement shall be
referred to the Honorable Peter D. Lichtman, or if Judge Lichtman is unable or not
available to hear the dispute, such judge as is then presiding over the Actions, and that
said trial court shall retain jurisdiction to resolve any such disputes pursuant to California
Code of Civil Procedure § 664.6.
7.2. Other than the payment by Defendants of the Relator's Attorneys' Fees
and Costs pursuant to Paragraph 4.2 above, Plaintiffs shall bear their own attorneys' fees
and costs, subject to any separate agreements among them or orders of the Court
concerning the allocation of the Settlement Sum, and Defendants shall bear their own
attorneys' fees and costs, subject to any separate agreements among them.
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8. CONTINGENCIES
The Parties' obligations and releases under this Agreement are contingent upon
approval of this Agreement by the governing boards of foe, Armenia Intervenors and the
Banning Plaintiffs, upon Court approval of the settlement and this Agreement, upon the
approval of the allocation of the Settlement Sum to be proposed by the Relator, the
Armenia Intervenors, and the Banning Plaintiffs, upon the dismissal of the Actions (as set
forth in Section 7 above), and upon payment of the Settlement Sum and the Relator's
Attorneys' Fees and Costs (as set forth in Section 4 above).
9. GENERAL PROVISIONS
9.1. The Parties have been represented by their respective attorneys throughout
the negotiation and execution of this Agreement and have not relied upon any advice or
representation of opposing parties or their attorneys in entering into this Agreement. The
Parties have entered into this Agreement freely, without compulsion, and with full
understanding and voluntary acceptance of its terms and they hereby assume the risk of
any mistake of fact hi connection with the true facts involved, which may now be
unknown.
9.2. The Parties acknowledge that, subsequent to the execution of this
Agreement, the Parties may discover facts or incur or suffer claims which, if known or
anticipated, might have materially affected the Parties' or a Party's decision to execute
this Agreement. The Parties expressly acknowledge this risk and agree that this
Agreement applies to such unknown, unanticipated, or different facts and/or claims, and
that the enforceability of this Agreement shall not in any way be affected by such
discovery of unknown or unanticipated facts and/or claims.
9.3. This Agreement constitutes the entire agreement between the Plaintiffs
and the Defendants with respect the subject matter contained herein and represents the
final, complete, and exclusive expression of the terms and conditions of the Agreement
between the Plaintiffs and Defendants. All prior or contemporaneous agreements
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between the Plaintiffs and the Defendants, oral or written, with respect to the subject
matter of this Agreement are merged herein and superseded hereby. The Defendants and
their contributing insurers have pursuant to separate agreement agreed to their respective
contributions to the Relators' Attorneys' Fees and Costs and the Settlement Sum. This
Agreement is subject to Defendants and their contributing insurers finalizing that separate
agreement and depositing their agreed upon portions of Relator's Attorneys' Fees and the
Settlement Sum in the trust account described in Paragraphs 4.1 and 4.2. As between the
Plaintiffs and Defendants, Plaintiffs and Defendants acknowledge that no Party, or any
agent of any Party, has made any promise, representation, or warranty whatsoever,
express or implied, not contained herein concerning the subject matter hereof, to induce
the Parties (or any individual Party named or referred to herein) to execute this
Agreement, and each Party acknowledges that it has not executed this Agreement in
reliance on any such promise, representation, or warranty. Notwithstanding anything in
this paragraph, prior settlement agreements executed in this action involving any
government entities that are not parties to this Agreement are not merged herein or
superseded hereby.
9.4. This Agreement may not be altered, amended, modified, or otherwise
changed in any respect whatsoever except by a writing duly executed by the Parties
hereto.
9.5. If any covenant, term, condition, or provision of this Agreement shall, to
any extent, be invalid or unenforceable, the remainder of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
9.6. For purposes of construction, this Agreement shall be deemed to have
been negotiated and drafted by all of the Parties hereto, and no ambiguity shall be
resolved against any Party by virtue of its participation in the drafting of this Agreement.
The Agreement shall be construed neutrally and shall not be applied more strictly against
one Party than against another.
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If
9.7. This Agreement shall be binding upon each Party and its assigns,
successors, heirs, executors, and administrators.
9.8. The Parties agree to use their best efforts to cooperate with each other in
good faith and will, without further consideration, execute and deliver further documents
or instruments and take such other action as may be reasonably necessary to carry out and
effectuate the purposes of this Agreement.
9.9. All notices required or permitted hereunder shall be in writing, and may be
sent by facsimile or any form of first-class mail service and addressed to the Party for
whom it is intended as indicated in Exhibit B, as appended hereto. The Parties may
change the addresses provided in this Exhibit B by notice in writing in accordance with
this Paragraph 9.9 to all Parties signed by an appropriate representative of the Party
requesting the change.
9.10. Counsel for each Party may retain one complete set of non-electronic
records related to the Actions, consisting of pleadings, documents from Plaintiffs,
Defendants' or third party files, and work product generated by Plaintiffs' attorneys or
experts ("Litigation Documents"). All documents related to the Actions, including any
electronic copies, shall be maintained in confidence by Plaintiffs and Plaintiffs' Attorneys
and not be disclosed to any third party or used to initiate or prosecute litigation against
Defendants, their agents, affiliates, or insurers, except as required by law or ethical rules
governing the conduct of attorneys. However, documents that have been filed in open
court are not deemed confidential and their use is not restricted by this Agreement. Two
years following dismissal of the Actions, Defendants may request that Intervenors'
outside counsel and Plaintiffs' Attorneys destroy or return to Defendants all copies of
documents produced by Defendants in the Actions, and those law firms shall comply with
that request (provided, however, that if such disposition of documents after two years is
prohibited by any law or regulation applicable to any Plaintiff, then the law firms shall
comply at the earliest time permitted by law). This confidentiality provision does not
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preclude the use of Litigation Documents in defending against malpractice claims or
collateral disputes arising directly from this litigation or the conduct of this litigation.
9.11. It is understood and agreed by the Parties hereto that this Agreement is a
compromise of disputed claims and allegations and that each Party denies liability for all
claims and allegations asserted against it in the Actions. Neither the execution of this
Agreement, nor the consideration therefore shall be construed as an admission as to the
merits of any such claim or allegation, or as an admission of any allegation of law or fact
by any Party hereto.
9.12. The Parties hereby agree that this Agreement is a good-faith settlement of
litigation as provided under the laws of the State of California.
9.13. Each person signing this Agreement represents and warrants that he or she
has full authority to sign this Agreement on behalf of the Party for whom he or she is
signing and warrants that he or she has the ability to bind that Party to the obligations and
commitments set forth herein; provided, however, that Nora Armenia represents and
warrants only that she has the authority to sign this Agreement on her own behalf and that
she has the ability to bind the Real Parties in Interest on whose behalf she has asserted
claims only to the extent permitted by law. Nora Armenia disclaims any ability to bind
any Real Party in Interest beyond the extent permitted by law.
9.14. This Agreement shall be construed and interpreted in accordance with the
laws of the State of California, without regard to its conflict of laws principles. The
validity and effect of this Agreement, including any claims for breach of any of the terms
hereof, shall be governed by the laws of the State of California.
9.15. Duplicate originals of this Agreement will be executed by the Parties.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original but all of which shall together constitute one and the same agreement.
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as
of the Effective Date as defined above.
Dated:_, 2009 ALAMEDA COUNTY WATER DISTRICT
By:
Paul Piraino
General Manager
Dated:,2009 CITY OF BURBANK
By:
Ronald Davis
General Manager
Burbank Water & Power
Dated:,2009 HELIX WATER DISTRICT
By:
Scott Smith
General Counsel
Dated:_, 2009 IRVINE RANCH WATER DISTRICT
By:
Paul D. Jones II
General Manager
Dated:,2009
By:
Leslie Bonkowski
Secretary
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as
of the Effective Date as defined above.
Dated:^009 ALAMEDA COUNTY WATER DISTRICT
By:_
Paul Piraino
General Manager
Dated:, 2009 CITY OF BURBANK
By:
Ronald Davis
General Manager
Burbank Water & Power
Dated:,2009 HELIX WATER DISTRICT
By:
Scott Smith
General Counsel
Dated:,2009 IRVINE RANCH WATER DISTRICT
By:
Paul D. Jones II
General Manager
Dated:, 2009
By:
Leslie Bonkowski
Secretary
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as
of the Effective Date as defined above.
Dated: _, 2009 ALAMEDA COUNTY WATER DISTRICT
By:
Paul Piraino
General Manager
Dated: 0&1". <22- . 2009 CITY OF BURBANK
By:!
Ronald^avis /
General Manager
Burbank Water & Power
Dated:_, 2009 HELIX WATER DISTRICT
By:
Scott Smith
General Counsel
Dated:,2009 IRVINE RANCH WATER DISTRICT
Dated:__, 2009
By:
Paul D. Jones II
General Manager
By:
Leslie Bonkowski
Secretary
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as
of the Effective Date as defined above.
Dated: , 2009 ALAMEDA COUNTY WATER DISTRICT
Dated:,2009
By: :
Paul Piraino
General Manager
CITYOFBURBANK
By:
Ronald Davis
General Manager
Burbank Water & Power
Dated: November 5 . 2009 HELIX WATER DISTRICT
By:
Scott
General Counsel
Dated:.,2009 IRVINE RANCH WATER DISTRICT
Dated:^2009
By:
Paul D. Jones II
General Manager
By:_
Leslie Bonkowski
Secretary
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17
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as
of the Effective Date as defined above.
Dated: , 2009 ALAMEDA COUNTY WATER DISTRICT
By:_
£7 ,2009M
Paul Piraino
General Manager
Dated: ,2009 CITY OF BURBANK
By:_
Ronald Davis
General Manager
Burbank Water & Power
Dated: , 2009 HELIX WATER DISTRICT
By:_
Scott Smith
General Counsel
Dated: JO / £ f> ,2009 IRVINE RANCH WATER DISTRICTf
By:_
Paul D. Jones II
General/Manager
lie Bonkowski
Secretary
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I?
:«aKsciaS£*^ci»s^^—
Dated: I 0 , 2009 PADRE DAM MUNICIPAL WATER DISTRICT
C. Mi.
General Counsel
Dated:,2009 CITY OF POMONA
By:_
Linda Lowry
City Manager
Dated:,2009 RANCHO CALIFORNIA WATER DISTRICT
C.Mii
General
Dated:,2009 CITY OF SAN DIEGO
Dated:,2009
By:
Jay M. Goldstone
Chief Operating Officer
CITY OF SAN JOSE
By:.
Richard Doyle
City Attorney
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Dated:_, 2009 PADRE DAM MUNICIPAL WATER DISTRICT
By:_
C. Michael Cowett
General Counsel
Dated: /Q " 1.2<2009 CITY OF POMONA
Linda Eowry
City Manager
Dated:_,2009 RANCHO CALIFORNIA WATER DISTRICT
By:
C. Michael Cowett
General Counsel
Dated:_,2009 CITY OF SAN DIEGO
By:
Jay M. Goldstone
Chief Operating Officer
Dated:_, 2009 CITY OF SAN JOSE
By:
Richard Doyle
City Attorney
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Dated:^2009 PADRE DAM MUNICIPAL WATER DISTRICT
By:_
C. Michael Cowett
General Counsel
Dated:_,2009 CITY OF POMONA
By:
Linda Lowry
City Manager
Dated:^2009 RANCHO CALIFORNIA WATER DISTRICT
By:_
C, Michael Cowett
General Counsel
Dated: //-/ "T 2009 CITY OF SAN DIEGO
Chtei Operating Officer
Dated:,2009 CITY OF SAN JOSE
By:_
Richard Doyle
City Attorney
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Dated:_, 2009 PADRE DAM MUNICIPAL WATER DISTRICT
By:_
C. Michael Cowett
General Counsel
Dated:^2009 CITY OF POMONA
By:
Linda Lo wry
City Manager
Dated:^2009 RANCHO CALIFORNIA WATER DISTRICT
By:
C. Michael Cowett
General Counsel
Dated:,2009 CITY OF SAN DIEGO
Dated:_,2009
By:
Jay M. Goldstone
Chief Operating Officer
CITY OF SAN JOSE
Richard Doyle
City Attorney
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Dated:^2009 SWEETWA'
C.Mi<
General
DRITY
Dated:^2009 VALLEY CENTER MUNICIPAL WATER
DISTRICT
By:
C.Mi
General Counsel
Dated:,2009 CITY OF BANNING
By:_
The Office of the City Manager
Dated:_,2009 CITY OF CARLSBAD
By:_
Claude A. Lewis
Mayor
Dated:^2009 CITYOFCOLTON
By:
Robert Miller
Interim City Manager
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^ggji&gggggsS^^
Dated: . 2009 SWEETWATER AUTHORITY
By:
C. Michael Cowett
General Counsel
Dated: , 2009 VALLEY CENTER MUNICIPAL WATER
DISTRICT
By:_
C. Michael Cowett
General Counsel
Dated: //~f?*0? . 2009 CITY OF B.
By:_
The Office of the CitjAManager
Dated: ,2009 CITY OF CARLSBAD
By: i
Claude A. Lewis
Mayor
Dated: . , 2009 CITY OF COLTON
By:_
Robert Miller
Interim City Manager
-•15-
Dated:,2009 SWEETWATER AUTHORITY
By:
C. Michael Cowett
General Counsel
Dated:_,2009 VALLEY CENTER MUNICIPAL WATER
DISTRICT
By:_
C. Michael Cowett
General Counsel
Dated:_,2009 CITY OF BANNING
By:_
The Office of the City Manager
Dated:?f, . 2009 CITY
Mayor
Dated:,2009 CITY OF COLTON
By:
Robert Miller
Interim City Manager
-15-
Dated:_,2009 SWEETWATER AUTHORITY
By:
C. Michael Cowett
General Counsel
Dated:,2009 VALLEY CENTER MUNICIPAL WATER
DISTRICT
By: !
C. Michael Cowett
General Counsel
Dated:,2009 CITY OF BANNING
By:
The Office of the City Manager
Dated:,2009 CITY OF CARLSBAD
By:
Claude A. Lewis
Mayor
Dated: November 5 ,2009 CITYOFCOLTON
Robert Miller
Interim City Manager
-15-
(/
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
Armenta Action
Dated:_, 2009 CONTRA COSTA WATER DISTRICT
Kurt ibaaensack
Assistant General Manager
Dated:_, 2009 CITY OF CORONA
By:
Bradly Robbins
City Manager
Dated:,2009 CITY OF DEL MAR
By:
Crystal Crawford, Mayor
Dated:_, 2009 CITY OF DELANO
By:
Sam Ramirez, Mayor
Dated:_, 2009 ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By:
Ronald Young
General Manager
-16-
Dated:^2009 CONTRA COSTA WATER DISTRICT
By:
Kurt Ladensack
Assistant General Manager
Dated: Q&- 1T\ . 2009 CITY OF CORONA
Dated:_, 2009 CITY OF DEL MAR
By:_
Crystal Crawford, Mayor
Dated:,2009 CITY OF DELANO
By:_
Sam Ramirez, Mayor
Dated:,2009 ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By:
Ronald Young
General Manager
-16-
• 0 (7•A
Dated:_, 2009 CONTRA COSTA WATER DISTRICT
By:
Kurt Ladensack
Assistant General Manager
Dated:,2009 CITY OF CORONA
By:
Bradley Robbins
City Manager
Dated:_, 2009 CITY OF DEL MAR
By:
Crystal Crawford, Mayor
Dated:_,2009 CITY OF DELANO
By:
Sam Ramirez, Mayor
Dated:_, 2009 ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By:
Ronald Young
General Manager
-16-
Dated:,2009 CONTRA COSTA WATER DISTRICT
By:_
Kurt Ladensack
Assistant General Manager
Dated:^2009 CITY OF CORONA
By:_
Bradly Robbins
City Manager
Dated:,2009 CITY OF DEL MAR
By:_
Crystal Crawford, Mayor
Dated: October 27 , 2009
Dated:,2009
CITY OF DELANO
Sam Ramirez, Mayor
ELSINORE VALLEY MUNI
DISTRICT
ATER
By:_
Ronald Young
General Manager
-16-
Dated:_, 2009 CONTRA COSTA WATER DISTRICT
By:_
Kurt Ladensack
Assistant General Manager
Dated:,2009 CITY OF CORONA
By:_
Bradly Robbins
City Manager
Dated:_, 2009 CITY OF DEL MAR
By:_
Crystal Crawford, Mayor
Dated:,2009 CITY OF DELANO
Dated:,2009
By:
Sam Ramirez, Mayor
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By:
Ronald Yj
General Manager
-16-
Dated: October 28 .2009 CITY OF FULLERTON
Dated:,2009
By:
ChrisMeyer
City Manager
CITYOFGLENDALE
By:
James E. Starbird
City Manager
Dated:_,2009 CITY OF HEMET
By:
Eric S. Vail
City Attorney
Dated:_, 2009 CITY OF HUNTINGTON BEACH
By:
Fred Wilson
City Administrator
Dated:_,2009 CITYOFLAHABRA
Don Hannah
City Manager
-17-
Dated:^2009 CITYOFFULLERTON
By:_
Ghris Meyer
City Manager
Dated: /^ - 7} . 2009
Dated:_,2009
CITY OF GLENDALE
James ^1/Btarbird
City Manager
CITYOFHEMET
By:
Eric S. Vail
City Attorney
Dated:^2009 CITY OF HUNTINGTON BEACH
By:
Fred Wilson
City Administrator
Dated:^2009 CITYOFLAHABRA
By:
Don Hannah
City Manager
-17-
IA Msninn-I t-,.;. r y ' •" r-" '.'"-']', J
Dated: ,2009 CITY OF FULLERTON
By:
Chris Meyer
City Manager
Dated:,2009 CITYOFGLENDALE
Dated: lO~ZC,-&?.2009
Dated:_,2009
By:
James E. Starbird
City Manager
CITY OF HEMET
Eric S. Vail
City Attorney
CITY OF HUNTINGTON BEACH
Dated:_,2009
By:
Fred Wilson
City Administrator
CITYOFLAHABRA
By:
Don Hannah
City Manager
-17-
Dated:_, 2009 CITY OF FULLERTON
By:
Chris Meyer
City Manager
Dated:_, 2009 CITY OF GLENDALE
By:
James E. Starbird
City Manager
Dated:,2009 CITY OF HEMET
By:
Eric S. Vail
City Attorney
Dated: October 29, 2009 CITY OF HUNTINGTON BEACH
Fred Wil
City AdrMnistrator
Dated:_,2009 CITY OF LA HABRA
By: :
Don Hannah
City Manager
-17-
Dated:^2009 CITYOFFULLERTON
By:
Chris Meyer
City Manager
Dated:,2009 CITYOFGLENDALE
By:_
James E. Starbird
City Manager
Dated:,2009 CITYOFHEMET
By:
Eric S. Vail
City Attorney
Dated:_, 2009 CITY OF HUNTINGTON BEACH
By:
Fred Wilson
City Administrator
Dated: October 28 .2009 CITYOFLAHABRA
By:
Don Hannah
City Manager
-17-
Dated: //-/£ . 2009
Dated:^2009
CITY OF LOMA LINDA
By:
Stan Brauer
Mayor
CITYOFLOMPOC
By:
Laurel M Barcelona
City Administrator
Dated:^2009 MESA CONSOLIDATED WATER DISTRICT
By:
President
Dated:,2009
By:_
Secretary
Dated:^2009 MOULTON NIGUEL WATER DISTRICT
By:
Robert C. Gumerman
General Manager
Dated:,2009 CITYOFOCEANSIDE
By:
Peter Weiss
City Manager
-18-
Dated:_, 2009 CITY OF LOMA LINDA
By:
Stan Brauer
Mayor
Dated: /& ~ <%3 , 2009 CITY OF LOMPOC
Bv:
Laurel M. Barcelona
City Administrator
Dated:_,2009 MESA CONSOLIDATED WATER DISTRICT
By:
President
Dated:_,2009
By:
Secretary
Dated:_, 2009 MOULTON MIGUEL WATER DISTRICT
By:
Robert C. Gumerman
General Manager
Dated:_, 2009 CITY OF OCEANSIDE
By:
Peter Weiss
City Manager
-18-
Dated:,2009 CITY OF LOMA LINDA
By:
Stan Brauer
Mayor <si
Dated:_, 2009 CITY OF LOMPOC
By:
Laurel M. Barcelona
City Administrator
Dated:27, 2009 MESACQNSOLIDATED WATER DISTRICT
President
Dated:, 2009
Secretary
Dated:_, 2009 MOULTON NIGUEL WATER DISTRICT
By: 1
Robert C. Gumerman
General Manager
Dated:, 2009 CITY OF OCEANSIDE
By:
Peter Weiss
City Manager
-18-
Dated:_,2009 CITY OF LOMA LINDA
By:
Stan Brauer
Mayor
Dated:_, 2009 CITY OF LOMPOC
By:
Laurel M. Barcelona
City Administrator
Dated:,2009 MESA CONSOLIDATED WATER DISTRICT
By:
President
Dated:_, 2009
By:
Secretary
Dated:,2009 MOULTON NIGUEL WATER DISTRICT
By:.
Robert C. Gumerman
General Manager
Dated:_, 2009 CITY OF OCEANSIDE
By:
Peter Weiss
City Manager
-18-
Dated:_, 2009 CITY OF LOMA LINDA
By:
Stan Brauer
Mayor
Dated:,2009 CITYOFLOMPOC
By:
Laurel M. Barcelona
City Administrator
Dated:,2009 MESA CONSOLIDATED WATER DISTRICT
By:
President
Dated:,2009
By:_
Secretary
Dated:, 2009 MOULTON NIGUEL WATER DISTRICT
By:_
Robert C. Gumerman
General Manager
Dated: fa-II ^2009 CITYOFOCEANSIDE
A.•By:.
Peter Weiss
City Manager
-18-
Dated: }0 27) , 2009 OLIVENHAIN MUNICIPAL WATER
DISTRICT
Kimbeny A. Thorn
General Manager
Dated:_, 2009 OTAY WATER DISTRICT
By:
Mark Watton
General Manager
Dated:_, 2009 CITY OF OXNARD
By:
Dr. Thomas E. Holden
Mayor
Dated:,2009
By:
Alan Holmberg
City Attorney
Dated:,2009 PALMDALE WATER DISTRICT
By:_
Randy Hill
General Manager
-19-
Dated:_, 2009 OLIVENHAIN MUNICIPAL WATER
DISTRICT
By:_
Kimberly A. Thorner
General Manager
Dated:2009 OTAY WATER DISTRICT
By:.
MarkWatton
General Manager
Dated:_,2009 CITYOFOXNARD
Dated:_,2009
By:.
Dr. Thomas E. Holden
Mayor
By:_
Alan Holmberg
City Attorney
Dated:_, 2009 PALMDALE WATER DISTRICT
By:
Randy Hill
General Manager
-19-
Dated:_, 2009 OLIVENHAIN MUNICIPAL WATER
DISTRICT
By:
Kimberly A. Thorner
General Manager
Dated:_, 2009 OTAY WATER DISTRICT
By: ;
Mark Watton
General Manager
Dated: -2009 CITY OF OXNARD
By:.
Dr. Thomas E. Holden
Mayor
JL
V
Dated:: / 0 ",2009
By:
Alan Holmberg
City Attorney
Dated:PALMDALE WATER DISTRICT
By:
Randy Hill
General Manager
-19-
Dated:^2009 OLIVENHAIN MUNICIPAL WATER
DISTRICT
By:_
Kimberly A. Thomer
General Manager
Dated:,2009 OTAY WATER DISTRICT
By:
Mark Watton
General Manager
Dated:,2009 CITYOFOXNARD
By:
Dr. Thomas E. Holden
Mayor
Dated:,2009
By:_
Alan Holmberg
City Attorney
Dated:^2009 PALMDALE WATER DISTRICT
tandyHill
General Manager
-19-
Dated: Vt>g,£ ^2-, 2009 CITY OF PASADENA
By:_
Michael J.^- /f^
City Manager
Dated:, 2009 Approved as to Form:
Bv:
Michele Beal Bagneris
City Attorney
Dated:^2009 CITYOFPETALUMA
By: L.
John C. Brown
City Manager
Dated:,2009 CITY OF PICO RIVERA
Dated:,2009
Bv:
Charles P. Fuentes
City Manager
CITYOFPOWAY
By:_
Rod Gould
City Manager
-20-
Dated:,2009 CITY OF PASADENA
By:
Michael J. Beck
City Manager
Dated:_, 2009 Approved as to Form:
By: : :
Michele Beal Bagneris
City Attorney
Dated:, 2009 CITYOFPETALUMA
John C. Brown
City Manager
Dated:_, 2009 CITY OF PICO RIVERA
By:
Charles P. Fuentes
City Manager
Dated:_, 2009 CITYOFPOWAY
By:_
Rod Gould
City Manager
-20-
Dated:_, 2009 CITY OF PASADENA
By:
Michael J. Beck
City Manager
Dated:,2009 Approved as to Form:
By:
Michele Beal Bagneris
City Attorney
Dated:,2009 CITY OF PETALUMA
By:
John C. Brown
City Manager
Dated:, 2009 CITY OF PICO RIVERA
By:.
Charles P. Fuentes
City Manager
Dated:,2009 CITY OF POWAY
By:
Rod Gould
City Manager
-20-
Dated:,2009 CITY OF PASADENA
By:
Michael J. Beck
City Manager
Dated:_, 2009 Approved as to Form:
By:_
Michele Seal Bagneris
City Attorney
Dated:_,2009 CITYOFPETALUMA
By:
John C. Brown
City Manager
Dated:_,2009 CITY OF PICO RIVERA
By:
Charles P. Fuentes
City Manager
Dated:f , 2009 CITY OF POWAY
By:
Rod Gould
City Manager
-20-
=i^
Dated: / U/^^ . 2009 RAINBOW MUNICIPAL WATER DISTRICT
/
e\ /
Bv: / )
aour
General Manager
Dated: ,2009 CITY OF REDLANDS
By:_
Jon Harrison
Mayor
Dated: ,2009 CITY OF RIVERSIDE
By:_
Bradley Hudson
City Manager
Dated: , 2009 CITY OF SACRAMENTO
By:_
Ray Kerridge
City Manager
Dated: ,2009 SAN BERNARDINO MUNICIPAL WATER
DEPARTMENT
By:.
President, Board of Water Commissioners
-21-
5o
:J
Dated:^2009 RAINBOW MUNICIPAL WATER DISTRICT
By:
Dave Seymour
General Manager
Dated:,2009 CITYOFREDLANDS
: Wn^SrfiZfslBy
JonHanison
yor
/
Dated:,2009 CITY OF RIVERSIDE
By:
Bradley Hudson
City Manager
Dated:^2009 CITY OF SACRAMENTO
By:
RayKerridge
City Manager
Dated:^2009 SAN BERNARDINO MUNICIPAL WATER
DEPARTMENT
By:
President, Board of Water Commissioners
-21-
Dated:^2009 RAINBOW MUNICIPAL WATER DISTRICT
By:
Dave Seymour
General Manager
Dated:^2009 CITYOFREDLANDS
Dated: November 3,2009
APPROVED AS TO FORM
DEPUTY CITY ATTORNEY
Dated:
By:
Jon Harrison
Mayor
CITY OF RIVERSIDE
^2009
By:.
Bradley Hudson
City Manager
CITY OF SACRAMENTO
By:
Ray Kerridge
City Manager
Dated:^2009 SAN BERNARDINO MUNICIPAL WATER
DEPARTMENT
By:_
President, Board of Water Commissioners
-21-
Dated:^2009 RAINBOW MUNICIPAL WATER DISTRICT
By:
Dave Seymour
General Manager
Dated:_, 2009 CITY OF REDLANDS
By:
Jon Harrison
Mayor
Dated:_, 2009 CITY OF RIVERSIDE
By:
Bradley Hudson
City Manager
Dated:2009 CITY OF SACRAMENTO
By:
Ray Kerrt
City Manager
Dated:_, 2009 SAN BERNARDINO MUNICIPAL WATER
DEPARTMENT
By:
President, Board of Water Commissioners
-21-
Dated:,2009 RAINBOW MUNICIPAL WATER DISTRICT
By:_
Dave Seymour
General Manager
Dated:,2009 CITYOFREDLANDS
By:
Jon Harrison
Mayor
Dated:,2009 CITY OF RIVERSIDE
By:_
Bradley Hudson
City Manager
Dated:^2009 CITY OF SACRAMENTO
By:.
Ray Kerridge
City Manager
Dated: October 22 2009 SAN BERNARDINO MUNICIPAL WATER
DEPARTMENT
By:.
Stacey AldstaBt
General Manager
-21-
Dated:I , 2009 CITY OF SANTA BARBARA
Stephen?. Wiley
City Attorney
Dated:_, 2009 CITY OF SANTA CRUZ
By:
Richard C. Wilson
City Manager
Dated:_, 2009 SANTA MARGARITA WATER DISTRICT
By:
John Schatz
General Manager
Dated:_, 2009 CITY OF SANTA MARIA
By:
Larry Lavagnino
Mayor
Dated:^2009 CITY OF SANTA ROSA
By:
Susan Gorin
Mayor
-22-
Dated:_, 2009 CITY OF SANTA BARBARA
By:
Stephen P. Wiley
City Attorney
Dated: /* ^^^^72009
crrr ATTORNS*
CITYOFSANT.
ity Manager
Dated:_, 2009 SANTA MARGARITA WATER DISTRICT
By:
John Schatz
General Manager
Dated:,2009 CITY OF SANTA MARIA
By:
Larry Lavagnino
Mayor
Dated:, 2009 CITY OF SANTA ROSA
By:
Susan Gorin
Mayor
-22-
Dated: , 2009 CITY OF SANTA BARBARA
By:.
Stephen P. Wiley
City Attorney
Dated: , 2009 CITY OF SANTA CRUZ
By:_
Richard C. Wilson
City Manager
Dated: Ocrtdber 2|, 2009 SANTA MARGARITA WATER DISTRICT
By:.
John Sdiatz
General Manager
Dated: , 2009 CITY OF SANTA MARIA
By:.
Larry Lavagnino
Mayor
Dated: , 2009 CITY OF SANTA ROSA
By:_
Susan Gorin
Mayor
-22-
-5" 7
Dated:_, 2009 CITY OF SANTA BARBARA
By:
Stephen P. Wiley
City Attorney
Dated:_,2009 CITY OF SANTA CRUZ
By:
Richard C. Wilson
City Manager
Dated:_, 2009 SANTA MARGARITA WATER DISTRICT
Dated:_, 2009
By:
John Schatz
General Manager
CITY OF SANTA MARIA
By:
Larry Lava;
Mayor
Dated:,2009 CITY OF SANTA ROSA
By:
Susan Gorin
Mayor
-22-
Dated:,2009 CITY OF SANTA BARBARA
By:
Stephen P. Wiley
City Attorney
Dated:,2009 CITY OF SANTA CRUZ
By:
Richard C. Wilson
City Manager
Dated:_, 2009 SANTA MARGARITA WATER DISTRICT
By:
John Schatz
General Manager
Dated:,2009 CITY OF SANTA MARIA
Dated:. 2009
By:_
Larry Lavagnino
Mayor
CITY OF SANTA ROSA
Susan Gorin
Mayor
-22-
Dated:
Dated:
Dated:
Dated:
2009
^2009
,2009
,2009
CITY OF SOUTH PASADENA
City
CITY OF UPLAND
By:_
John Pomiersky
Mayor
VALLECITOS WATER DISTRICT
By:_
WmiamW.Rucker
General Manager
CITYOFVALLEJO
By:
Robert F.D. Adams
Interim City Manager
Dated:^2009 Approved as to Form:
By:_
Frederick G. Soley
City Attorney
-23-
Dated:_,2009 CITY OF SOUTH PASADENA
By:
John Davidson
City Manager
Dated:, 2009 CITY OF UPLAND
7/O
I ( JS / "• ^0yyM44MbLs
JohafFomierskf
Dated:VALLECITOS WATER DISTRICT
By:_
William W. Rucker
General Manager
Dated:.,2009 CITYOFVALLEJO
By:
Robert FUr Adams
Interim Chy Manager
Dated:^2009 Approved as to Form:
By:
Frederick G. Soley
Giiy Attorney
-23-
Dated:,2009 CITY OF SOUTH PASADENA
By:
John Davidson
City Manager
Dated:_, 2009 CITY OF UPLAND
By:
John Pomiersky
Mayor
Dated: OCT. Z1 ,2009 VALLECITOS WATER DISTRICT
By:_
William W. Rucker
General Manager
Dated:,2009 CITY OF VALLEJO
By:
Robert F.D. Adams
Interim City Manager
Dated:_, 2009 Approved as to Form:
By:
Frederick G. Soley
City Attorney
-23-
Dated:_, 2009 CITY OF SOUTH PASADENA
By:
John Davidson
City Manager
Dated:_, 2009 CITY OF UPLAND
By:
John Pomiersky
Mayor
Dated:_, 2009 VALLECITOS WATER DISTRICT
By:
William W. Rucker
General Manager
Dated:. 2009 CITY OF VALLEJO
By:.
Robert F.D. Adams
Interim City Manager
Dated:, 2009 Approved as to Form:
By:
Frederick G. Soley
City Attorney
-23-
Dated: Nov. 16 ,2009 VALLEY OF THE MOON WATER
DISTRICT
By:
KrishnsfKumar
General Manager
Dated:_, 2009 CITY OF WESTMINSTER
By:
Donald D. Lamm
City Manager
Dated:_, 2009 TOWN OF WINDSOR
By:
J. Matthew Mullan
Town Manager
Dated:,2009 NORA ARMENIA
By:
Nora Armenia
Dated:_, 2009 JAMES JONES COMPANY LLC
By:
Evan L. Hart
Senior Vice President and Chief Financial
Officer
-24-
fcf
Dated:2009 VALLEY OF THE MOON WATER
DISTRICT
Dated: *° ~ *~ ,2009
By:_
Krishna Kumar
General Manager
CITY OF WESTMINSTER
: \k fAAA/JU
Donald Ef Lamm
City Manager
Dated:^2009 TOWN OF WINDSOR
By:
J. Matthew Mullan
Town Manager
Dated:,2009 NORAARMENTA
By:_
NoraArmenta
Dated:^2009 JAMES JONES COMPANY LLC
By:_
Evan L. Hart
Senior Vice President and Chief Financial
Officer
-24-
Dated:_, 2009 VALLEY OF THE MOON WATER
DISTRICT
By:
Krishna Kumar
General Manager
Dated:,2009 CITY OF WESTMINSTER
By: .
Donald D. Lamm
City Manager .
Dated: OC-f 2~/ ,2009 TOWN OF WINDSOR
J.M^thewMullan
Town Manager
Dated:_, 2009 NORA ARMENTA
By:
Nora Arrnenta
Dated:_, 2009 JAMES JONES COMPANY LLC
By:_
Evan L. Hart
Senior Vice President and Chief Financial
Officer
-24-
^i^^^^^
Dated:_,2009 VALLEY OF THE MOON WATER
DISTRICT
Dated:
Dated:
^2009
^2009
Dated: November 6 .2009
Dated:^2009
By:
Krishna Kumar
General Manager
CITY OF WESTMINSTER
By:_
Donald D. Lamm
City Manager
TOWN OF WINDSOR
By:
3. Matthew Mullan
Town Manager
NORA ARMENIA
NoraArmenta
JAMES JONES COMPANY LLC
•By:
Evan L. Hart
Senior Vice President and Chief Financial
Officer
-24-
Dated:_,2009 VALLEY OF THE MOON WATER
DISTRICT
By:
Krishna Kumar
General Manager
Dated:_,2009 CITY OF WESTMINSTER
By:
Donald D. Lamm
City Manager
Dated:^2009 TOWN OF WINDSOR
By:_
J. Matthew Mullan
Town Manager
Dated:,2009 NORA. ARMENTA
By:
Nora Armenia
Dated: U 2009 JAMES JONES COMPANY LLC
By:
Evan L. Hart
Senior Vice President and Chief Financial
Officer
-24-
Dated: H/lfr ,2009 MCO1, LLC, ON BEHALF OF MUELLER
CO. LTD
Evan L. Hart
Senior Vice President and Chief Financial
Officer
Dated:^2009 TYCO INTERNATIONAL
By:
Judy Reinsdorf
Executive Vice President and General Counsel
Dated:,2009 WATTS WATER TECHNOLOGIES, INC.
By:
Patrick S. O'Keefe
Chief Executive Officer and President
Dated:^2009 PHILLIPS & COHEN LLP
By:.
Dated:^2009 IRELL & MANELLA LLP
By:.
-25-
lei
Dated:_, 2009 MCO1, LLC, ON BEHALF OF MUELLER
CO. LTD
By:
Evan L. Hart
Senior Vice President and Chief Financial
Officer
Dated: November 12.2009 TYCO INTERNATIONAL
By:,
Judy Reinsdorf
Executive Vice President and G Counsel
Dated:^2009 WATTS WATER TECHNOLOGIES, INC.
By:
Patrick S. O'Keefe
Chief Executive Officer and President
Dated:,2009 PHILLIPS & COHEN LLP
By:_
Dated:^2009 IRELL & MANELLA LLP
By:_
-25-
Dated:,2009 MCO1, LLC, ON BEHALF OF MUELLER
CO. LTD
By:
Evan L. Hart
Senior Vice President and Chief Financial
Officer
Dated:^2009 TYCO INTERNATIONAL
By:_
Judy Reinsdorf
Executive Vice President and General Counsel
Dated:,2009 WATTS WATER TECHNOLOGIES, INC.
Patrick S. OTCeefe
Chief Executive Officer and President
Dated:,2009 PHILLIPS & COHEN LLP
By:.
Dated:_,2009 ffiELL & MANELLA LLP
By:_
-25-
Dated:^2009 MCO1, LLC, ON BEHALF OF MUELLER
CO. LTD
By:
Evan L. Hart
Senior Vice President and Chief Financial
Officer
Dated:,2009 TYCO INTERNATIONAL
By:
Judy Reinsdorf
Executive Vice President and General Counsel
Dated:^2009 WATTS WATER TECHNOLOGIES, INC.
Dated:. 37.2009
By:
Patrick S. O'Keefe
Chief Executive Officer and President
PHILLIPS & COHEN LLP
Dated:^2009 IRELL & MANELLA LLP
By:_
-25-
Dated: , 2009 MCO1, LLC, ON BEHALF OF MUELLER
CO. LTD
By:_
Evan L. Hart
Senior Vice President and Chief Financial
Officer
Dated: , 2009 TYCO INTERNATIONAL
By:_
Judy Reinsdorf
Executive Vice President and Genera] Counsel
Dated: , 2009 WATTS WATER TECHNOLOGIES, INC.
By:.
Patrick S. O'Keefe
Chief Executive Officer and President
Dated: , 2009 PHILLIPS & COHEN LLP
By:_
A22009 IRELL&MANELLALLP
By:
-25-
Dated:,2009 HENNIGANBENNE''RMANLLP
Dated:^2009 BOWIE, ARNESON, WILES & GIANNONE
By:_
Dated:,2009 BEST BEST KKDEGER LLP
By:_
-26-
Dated:
Dated:
Dated:
,2009
. 2009
,2009
HENNIGAN BENNETT & DORMAN LLP
By:_
BOWIE, ARNESON, WILES & GIANNONE
By:.
BEST BEST KRIEGER LLP
By:_
-26-
Dated:, 2009 HENNIGAN BENNETT & DORMAN LLP
By:_
Dated:, 2009 BOWIE, ARNESON, WILES & GIANNONE
By:_
Dated:,2009 BEST BEST KRffiGER LLP
-26-
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EXHIBIT A
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA, et al, ex rel.
NORA ARMENTA,
Plaintiffs,
vs.
JAMES JONES COMPANY, etal,
Defendants.
CASE NO. BC 173487
[PROPOSED] ORDER APPROVING
DISMISSAL PURSUANT TO TERMS OF
SETTLEMENT AGREEMENT,
APPROVING ALLOCATION OF
SETTLEMENT FUNDS, AND AWARDING
RELATOR'S SHARES PURSUANT TO
GOVERNMENT CODE SECTION
12652(g)(3)
Judge: Hon. Ann I. Jones
Dept: 308
Date: November 5, 2009
Time: 10:00 a.m.
Related Case: BC 321513
On November 5,2009, this matter came before the Court for hearing on Qui Tarn Plaintiff
Nora Armenia's ("the Relator") Motion for Approval of Dismissal Pursuant to the Settlement
Agreement between the Relator, the Intervenors in the Armenia Action (Civil Case No.
BC 173487), and the Plaintiffs in the Banning Action (Civil Case No. BC321513), on the one
hand, and Defendants James Jones Company, Watts Water Technologies, Inc., Mueller Co. Ltd.,
and Tyco International, on the other hand ("the Motion"). Due and adequate notice having been
given of the Motion and the settlement, and the Court having considered all papers filed and
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[PROPOSED] ORDER
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proceedings held herein and otherwise being fully informed and good cause appearing therefor, IT
IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. This Order incorporates by reference the Settlement Agreement and Mutual
Release attached to Relator's Motion as Exhibit 1 (the "Settlement Agreement"), and all terms
used herein shall have the same meanings set forth in the Settlement Agreement.
2. This Court has jurisdiction over the subject matter of the Armenia and Banning
Actions and has jurisdiction over all parties to the Actions as well as all Real Parties in Interest,
pursuant to Government Code Section 12652(f)(l).
3. The Court finds that the principal terms of the Settlement Agreement were
negotiated and agreed upon in mediations with the Honorable Peter D. Lichtman of the Superior
Court for the State of California, County of Los Angeles.
4. The Court finds that the Settlement Agreement was made and entered into in good
faith among the parties and is the result of arm's-length negotiations among experienced counsel
representing the respective interests of the parties.
5. The Court, having considered the public purposes of the California False Claims
Act ("CFCA"), further finds that dismissal of the Armenia Action pursuant to the terms of the
Settlement Agreement is in all respects fair and reasonable and in the best interest of all parties,
including the Real Parties in Interest on whose behalf Relator has prosecuted claims under the
CFCA.
6. The Armenia Intervenors, the Banning Plaintiffs, and the Relator have endorsed a
plan ("Allocation Plan"), described in the Motion and incorporated herein, for allocating the
Settlement Sum among the Armenia Intervenors, the Banning Plaintiffs, and the Real Parties in
Interest on whose behalf Relator has prosecuted claims under the CFCA. The Court finds that the
Allocation Plan, and the resulting allocation, as set forth in Exhibit 2 to the Motion, are in all
respects fair and reasonable and in the best interest of all parties, including the Real Parties in
Interest on whose behalf Relator has prosecuted claims under the CFCA.
7. Pursuant to Government Code Section 12652(g)(2) & (3), the Relator is entitled to
a share of the Settlement Sum allocated to each public agency named in her Complaints
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[PROPOSED] ORDER
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("Relator's Shares"). The Court understands that the proposed Relator's Shares for the Armenia
Intervenors, Banning Plaintiffs, and certain Real Parties in Interest who have had their interests
actively represented by counsel in the litigation have been established by agreement between the
Relator and each such public agency. The Court finds, for the reasons described in the Motion,
that the proposed Relator's Share of 50 percent of the Settlement Sum allocated to the Real Parties
in Interest who are neither Armenia Intervenors nor Banning Plaintiffs and who have not reached
separate agreements with Relator, are reasonable and consistent with Government Code Section
12652(g)(3).
8. In light of the findings set forth above, the Court approves dismissal of the Armenia
Action pursuant to the terms of the Settlement Agreement.
9. The Court approves the Allocation Plan and orders that the proceeds of the joint
settlement in the Armenia and Banning Actions be distributed pursuant to that plan.
10. The Court awards the Relator a 50 percent share of the recovery to be allocated to
the real parties in interest who did not intervene in the Armenia Action or participate in the
Banning Action, and who do not have separate agreements with Relator setting the share she is to
receive, as set forth in Rows 65-147 of Exhibit 2 to the Motion.
11. The Court further orders that the Real Parties in Interest are bound by the Releases
and the Settlement Agreement to the fullest extent permitted by law.
12. Pursuant to California Code of Civil Procedure Section 664.6, the Court retains
jurisdiction to resolve any disputes arising from or related to the Settlement Agreement or this
Order. All such disputes shall be referred, in the first instance, to the Honorable Peter D.
Lichtman, or if Judge Lichtman is unable or unavailable to hear the dispute, such judge as is then
presiding over the Actions.
Dated: , 2009.
Honorable Ann I. Jones
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[PROPOSED] ORDER
Exhibit B
ALAMEDA COUNTY WATER DISTRICT Stephen B. Peck
Hanson Bridget! LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
CITY OF BURBANK Ronald Davis
General Manager
Burbank Water & Power
164 W Magnolia Blvd
Burbank, CA 91502-1720
HELIX WATER DISTRICT Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
IRVINE RANCH WATER DISTRICT Irvine Ranch Water District
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, CA 92619-7000
Attn: General Manager
PADRE DAM MUNICIPAL WATER
DISTRICT
Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
CITY OF POMONA Linda Lowry
City Manager
City of Pomona
505 S. Garey Avenue
Pomona, CA 91766
with copy to:
Arnold M. Alvarez-Glasman
City Attorney
City of Pomona
505 S. Garey Avenue
Pomona, CA 91766
RANCHO CALIFORNIA WATER
DISTRICT
Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
CITY OF SAN DIEGO City of San Diego
c/o Office of the City Attorney
1200 Third Avenue, Suite 1100
San Diego, CA 92101
Attn: R. Clayton Welch, Deputy City Attorney
B-l
CITY OF SAN JOSE Richard Doyle, City Attorney
George Rios, Assistant City Attorney
Margo Laskowska, Deputy City Attorney
City of San Jose
Office of the City Attorney
200 East Santa Clara Street
San Jose, CA 95113-1905
SWEETWATER AUTHORITY Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
VALLEY CENTER MUNICIPAL WATER
DISTRICT
Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
CITY OF BANNING Marie Calderon, City Clerk
99 E. Ramsey St.
Banning, CA 92220
Anthony R. Taylor, Esq.
Aleshire & Wynder, LLP
18881 Von Karman Avenue, Suite 400
Irvine, CA 92612
CITY OF CARLSBAD Ronald Ball
City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CITY OF COLTON Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
CONTRA COSTA WATER DISTRICT Kurt Ladensack
Assistant General Manager
Contra Costa Water District
1331 Concord Ave.
Concord, CA 94520
Law Offices of Ari J. Lauer
500 Ygnacio Valley Road, Suite 325
Walnut Creek, California 94596
Re: Contra Costa Water District
CITY OF CORONA Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
CITY OF DEL MAR City Attorney Leslie Devaney
City of Del Mar
1050CaminodelMar
Del Mar, CA 92014-2698
B-2
CITY OF DELANO Alan J. Peake
City Attorney for the City of Delano
Wall, Wall & Peake
1601 F Street
Bakersfield, CA 93301
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
CITYOFFULLERTON Chris Meyer, City Manager
City of Fullerton
303 W. Commonwealth Ave.
Fullerton, CA 92832
Ivy M. Tsai
Jones & Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92832
CITYOFGLENDALE Office of the City Attorney
Attn: GWP Counsel
613 E. Broadway, Suite 220
Glendale, CA 91206
CITYOFHEMET Eric S. Vail
2280 Market Street, Suite 300
Riverside, CA 92501
c/o Burke, Williams & Sorensen
CITY OF HUNTINGTON BEACH Joan Flynn, City Clerk
Howard Johnson, Water Operations Manager
Scott Field, Assistant City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
CITYOFLAHABRA Don Hannah, City Manager
City of La Habra
201E.LaHabraBlvd.
La Habra, CA 90633
Ivy M. Tsai
Jones & Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92832
CITY OF LOMA LINDA Pamela Byrnes-O'Camb
City Clerk
25541 Barton Road
Loma Linda, CA 92354
B-3
CITYOFLOMPOC City Attorney
CityofLompoc
100 Civic Center Plaza
P.O. Box 8001
Lompoc, CA 93438
Lauren M. Barcelona
City Administrator
CityofLompoc
100 Civic Center Plaza
P.O. Box 8001
Lompoc, CA 93438
MESA CONSOLIDATED WATER
DISTRICT
Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, CA 92627
Attn: General Manager
MOULTON NIGUEL WATER DISTRICT Moulton Niguel Water District
27500 La Paz Road
Laguna Niguel, CA 92677
Attention: General Manager
CITY OF OCEANSIDE Water Utilities Director
300 North Coast Hwy.
Oceanside, CA 92054
City Attorney
300 North Coast Hwy.
Oceanside, CA 92054
OLIVENHAIN MUNICIPAL WATER
DISTRICT
General Manager
Olivenhain Municipal Water District
1966OlivenhainRd.
Encinitas, CA 92024
OTAY WATER DISTRICT Mark Watton
General Manager
2554 Sweetwater Springs Boulevard
Spring Valley, CA 91978-2096
CITY OF OXNARD Alan Holmberg
City Attorney
CityofOxnard
300 West Third Street, Suite 300
Oxnard, CA 93030
PALMDALE WATER DISTRICT Palmdale Water District
Attn: General Manager
2029 East Avenue Q
Palmdale, CA 93550
CITY OF PASADENA Michele Beal Bagneris
City Attorney
100 N. Garfield Ave., Suite N-210
Pasadena, CA 91101
B-4
CITY OF PETALUMA John C. Brown
Petaluma City Manager
11 English Street
Petaluma, CA 94952-2610
CITY OF PICO RIVERA Charles P. Fuentes
City Manager
6615 Passons Boulevard
Pico Rivera, CA 90660-1016
Arnold Alvarez-Glasman
David King
Alvarez-Glasman & Colvin
13181 Crossroads Pkwy. North
Suite 400 - West Tower
City of Industry, CA 91746
CITY OF POWAY Rod Gould
City Manager
P.O. Box 789
13325 Civic Center Drive
Poway,CA 92704-0789
RAINBOW MUNICIPAL WATER
DISTRICT
Dave Seymour
General Manager
Rainbow Municipal Water District
3707 Old Highway 395
Fallbrook, CA 92028
CITY OF REDLANDS City Clerk
City of Redlands
P.O. Box 3005
Redlands, CA 92373
CITY OF RIVERSIDE Mary Beth Coburn, Esq.
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, C A 92101
CITY OF SACRAMENTO Eileen Monaghan Teichert
City Attorney
City of Sacramento
915 I Street, Room 4010
Sacramento, CA 95814
SAN BERNARDINO MUNICIPAL WATER
DEPARTMENT
Stacey R. Aldstadt
General Manager
444 W. Rialto Avenue
Suite D
San Bernadino, CA 92401
CITY OF SANTA BARBARA Stephen P. Wiley
City Attorney
City Attorney's Office
City of Santa Barbara
P.O. Box 1990
Santa Barbara, C A 93102
B-5
CITY OF SANTA CRUZ John G. Barisone
City Attorney
333 Church Street
Santa Cruz, CA 95060
SANTA MARGARITA WATER DISTRICT John Schatz, Esq.
General Manager
Santa Margarita Water District
26111 Antonio Parkway
Las Flores, CA 92688
CITY OF SANTA MARIA City Attorney
City of Santa Maria
204 East Cook Street
Santa Maria, CA 93454
Ref.: James Jones litigation
CITY OF SANTA ROSA City of Santa Rosa
Attn: Office of the City Attorney
100 Santa Rosa Avenue, Room 8
Santa Rosa, CA 95404
CITY OF SOUTH PASADENA Richard L. Adams II
Jones & Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92835
CITY OF UPLAND William P. Curleylll
City Attorney
City of Upland
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3101
VALLECITOS WATER DISTRICT Dennis O. Lamb
Deputy General Manager
Vallecitos Water District
201 Vallecitos De Oro
San Marcos, CA 92069
CITY OF VALLEJO Frederick G. Soley
City Attorney
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
VALLEY OF THE MOON WATER
DISTRICT
Krishna Kumar
General Manager
Valley of the Moon Water District
19039 Bay Street
P.O. Box 280
El Verano,CA 95433
Law Offices of Ari J. Lauer
500 Ygnacio Valley Road, Suite 325
Walnut Creek, California 94596
Re: Valley of the Moon Water District
B-6
CITY OF WESTMINSTER Donald D. Lamm, City Manager
City of Westminster
8200 Westminster Blvd.
Westminster, CA 92683
Ivy M. Tsai
Jones & Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92832
TOWN OF WINDSOR J. Matthew Mullan
Windsor Town Manager
9291 Old Redwood Highway
P.O. Box 100
Windsor, CA 95492-0100
NORA ARMENTA Eric R. Havian, Esq.
Phillips & Cohen LLP
131 Steuart Street, Suite 501
San Francisco, California 94105
JAMES JONES COMPANY LLC Robert Barker
Executive Vice President and Corporate
Secretary
James Jones Company, LLC
1200 Abernathy Road, N.E.
Suite 1200
Atlanta, GA 30328
MUELLER CO. LTD.Robert Barker
Executive Vice President and Corporate
Secretary
MCO1, LLC, on behalf of Mueller Co. Ltd.
1200 Abernathy Road, N.E.
Suite 1200
Atlanta, GA 30328
TYCO INTERNATIONAL General Counsel
Tyco International Management Company
individually, as successor to and formerly
doing business as Tyco International (US), Inc.
9 Roszel Road
Princeton, NJ 08540
WATTS WATER TECHNOLOGIES, INC.Assistant General Counsel—Litigation
Watts Water Technologies, Inc.
815 Chestnut Street
North Andover, MA 01845-6098
PHILLIPS & COHEN LLP Eric R. Havian
Phillips & Cohen LLP
131 Steuart Street, Suite 501
San Francisco, CA 94105
IRELL & MANELLA LLP S. Thomas Pollack
Irell&ManellaLLP
1800 Avenue of the Stars
Los Angeles; CA 90067
B-7
HENNIGAN BENNETT & DORMAN LLP Robert L. Palmer
Hennigan Bennett & Dorman LLP
865 South Figueroa Street
Suite 2900
Los Angeles, California 90017
BOWIE, ARNESON, WILES & GIANNONE 4920 Campus Drive
Newport Beach, California 92660
Attention: Joan C. Arneson
BEST BEST KRIEGER LLP Mary Beth Coburn, Esq.
Best Best Krieger LLP
655 West Broadway
15th Floor
San Diego, CA 92101
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