Vigilant Construction Trust of Arizona

“Rodger glos is a trustee of the trust and employed by vigilant services, inc. Vigilant services, inc. Provides management and consulting services to the trust. Rodger glos is also related to derek glos, president of vigilant. Vigilant is the endorsing sponsor of the trust and related plan.”

“The trust has contracted with a third-party administrator (vimly benefit solutions, inc.) to provide bookkeeping and administrative services, and with vigilant services, inc. To provide service coordination, administration, compliance, and monitoring services, as well as certain marketing services.”

“The trust is to be administered by a board of trustees composed of at least three trustee positions, provided that at all times a majority of the current trustees are employees or owners of participating employers. Initially there was not a sufficient pool of individuals willing to serve as trustee. Therefore, the trust agreement requirement of at least three trustees was suspended, and the endorsing sponsor of the trust, vigilant, appointed the initial sole trustee. In the event of a trustee vacancy, the remaining trustees will, by majority vote, nominate an individual to serve as a successor trustee. Additionally, vigilant, at its discretion, may also nominate an individual to fill the vacant position. If there is only one nomination and no additional nominations are received, the nominated individual will be appointed to the board of trustees the following notice of the nomination mailed by the administrative office to all participating employers. If, within thirty days of the mailing, participating employers whose contributions to the trust exceed 50% of all contributions during the preceding year object to the new trustee, the trustee nomination will be withdrawn and a new trustee will be nominated. The new trustee may act as a trustee during the notice period. If both the current trustees and vigilant nominate new trustees, the administrative office will prepare and mail a ballot for the purpose of choosing the individuals to fill the contested trustee positions. Ballots will identify the nominees and will be mailed to all participating employers. Each participating employer will be entitled to one vote for each trustee position. Ballots must be received within thirty days of the date of mailing to be counted. The nominee that receives the majority of the votes cast will be appointed to the board of trustees. In the event of a tie, the votes will be weighed by the amount of the contributions each voting participating employer has made to the trust in the preceding year.”

“The form 990 was prepared under the guidance of the board of trustees by the independent accounting firm anastasi, moore & martin pllc. Draft copies of the trust's financial statements and form 990 were first provided to the trust's consultants and advisors, who reviewed the form 990 for accuracy and completeness. Any questions, concerns or issues raised by the consultants and advisors were addressed and any necessary revisions were made to the form 990. The revised form 990 was then provided to the chairman of the board of trustees for his review and approval. Any additional questions, concerns or issues raised by the chairman were addressed and any necessary revisions were made to the form 990. The final version of the form 990 was reviewed and approved for filing by the chairman. The final version of the form 990 was made available to the board of trustees prior to filing.”

“All proposed relationships and contracts with service providers, as well as all proposed investments that would be made by the trust, are provided to and reviewed by trust legal counsel for compliance with the prohibited transaction provisions of erisa. Additionally, each party-in-interest (fiduciary or service provider) has an ongoing duty to disclose all material facts to the board of trustees about any actual or potential conflicts of interest as soon as such facts become known or should have become known.”

“The trust's governing documents, conflict of interest policy, financial statements and form 990 are available to the general public upon written request sent to vimly benefit solutions, inc. At: p.o. Box 6, mukilteo, wa 98275.”

“The trust does not compensate the trustees, as the trustees serve on a voluntary basis. The chairman of the board of trustees is compensated for his services to vigilant services, inc., which provides management and consulting services to the trust. The trust does not readily have access to information related to compensation paid by other entities.”

“The process has not changed since filing the prior form 990.”