HomeMy WebLinkAboutAgreement A-17-204 with JPJ, Inc..pdf
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LIMITED OBLIGATION REIMBURSABLE FINANCING AGREEMENT FOR
MILLERTON LAKE PUMP REPAIR AND REPLACEMENT PROJECT
THIS LIMITED OBLIGATION REIMBURSABLE FINANCING AGREEMENT
(“Agreement”) is made this ____ day of _________, 2017 (the “Effective Date”), by and
between the COUNTY OF FRESNO, a political subdivision of the State of California
(“County”), J.P.J., Inc. a California Corporation ("JPJ”) doing business at 7030 N. Fruit
Avenue, Suite 101, Fresno, CA. 93711 and the Table Mountain Rancheria Band of
Indians, a federally-recognized sovereign Indian tribe (“TMR”). COUNTY, JPJ and TMR
are also referred to herein singularly as a “Party” and collectively, as “Parties.”
WHEREAS, on December 19, 2000, the Fresno County Board of Supervisors
adopted the Millerton New Town Infrastructure Plan, (the “Plan”) for the Millerton New
Town Infrastructure Plan Study Area (the “Plan Area”), providing implementation
procedures for the installation and service of Plan Area water delivery systems,
wastewater treatment and collection systems, storm drainage systems and reclaimed
water; and
WHEREAS, the Millerton Lake pumps that provide surface water to County
Service Area 34 (“CSA 34”) Zone A (CSA 34A) and Zone C (CSA 34C) Surface Water
Treatment Plant (as depicted on attached Exhibit A1), have experienced flow
irregularities and pump failures since September 2015; and
WHEREAS, in December 2015, a dive team was retained by the County on
behalf of CSA 34 to complete an underwater video camera inspection and flow testing,
due to lake pump and motor failure and irregularities in flow rates. That dive team
confirmed that pump no. 1 was under-performing, that pump nos. 2 and 3 had failed,
that all four of the check valves had significant corrosion and that two of the check
valves were non-functional; and
WHEREAS, in June 2016, Provost & Prichard, the design engineering firm
responsible for the design of the lake pumps and platform provided the funding to
replace all four check valves under a warranty agreement, pursuant to which all four
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check valves were replaced; and
WHEREAS, despite such warranty work, three (3) of the pumps and motors
providing surface water to the CSA 34 Water Treatment Plant serving potable water to
CSA 34 property owners in Zone A and Zone C (“Lake Pumps”) remain under-
performing or non-functional and CSA 34 currently lacks funding to repair or replace
these Lake Pumps as necessary; and
WHEREAS, consistent with the Implementation Procedures of the Plan, JPJ and
the TMR, (together, the “Reservation Holders”) have agreed to finance the cost to
repair/replace the problem Lake Pumps, establishing the “Millerton Lake Pump Repair
and Replacement Project” consisting of Project A and Project B, as hereinafter defined;
and
WHEREAS, in March 2016, CSA 34 property owners, pursuant to Proposition
218, approved assessments providing for water contract administration and lake pump
maintenance to be implemented in FY 2016-17. A portion of the revenues from those
assessments are allocated to, and go into two separate reserve accounts: (1) the “Lake
Pumps Repair Reserve,” the purpose of which is to pay for repairs to the water pumps
in Millerton Lake; and (2) the “Capital Facilities Replacement Reserve,” the purpose of
which is to provide for replacement of the Lake Pumps facilities components at the end
of the estimated useful life for each component (together, the “Reserve Funds”); and
WHEREAS, as of the Effective Date, the Capital Facilities Replacement Reserve
is insufficient to pay for the costs for replacing one lake pump (“Project A”) having not
had sufficient time to accumulate; and
WHEREAS, as of the Effective Date, the Lake Pumps Repair Reserve is
insufficient to pay for the costs for repairing two lake pumps (“Project B”), having not
had sufficient time to accumulate; and
WHEREAS, the Reservation Holders, both of whom have an interest in CSA 34,
have agreed to finance the total cost of both Project A and Project B, pursuant to the
repayment terms and conditions of this Agreement as set forth below, in order to
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expeditiously bring the Millerton Lake Pumping Station up to the standard of fully
functioning and sustainable, with JPJ agreeing to finance 32% of the total cost of
Project A and 32% of the total cost of Project B, and TMR agreeing to finance 68% of
the total cost of Project A and 68% of the total cost of Project B; and
WHEREAS, Project A for replacement of Pump No. 1 shall be funded solely from
the Capital Facilities Replacement Reserve, as provided herein; and
WHEREAS, Project B for repairs to Pump Nos. 2 and 3, shall be funded solely
from the Lake Pumps Repair Reserve, as provided herein; and
WHEREAS, as reflected in Exhibit B1, attached hereto and incorporated herein
by reference, the costs of both Projects A and B will vary depending on the lake water
depth at the time of the dive to repair/install the Lake Pumps; and
WHEREAS, as of the Effective Date, the total cost of Project A and Project B
combined, is estimated at $307,594, based on a dive depth of 50 to 100 feet. However,
if rainfall causes the lake water depth to rise, the dive depth may exceed 100 feet, with
the result that the dive team will require an onsite hyperbaric chamber (at an additional
cost of $26,400). Based on the foregoing, the total cost of both Project A and Project B,
is estimated at $307,594 or $333,994, if an onsite hyperbaric chamber is required (in
either case, the “Estimated Total Cost”); and
WHEREAS, the Estimated Total Cost shall be apportioned between Projects A
and B, with the estimated total cost of Project A under both dive depth scenarios as set
forth in Exhibit C1 and the estimated total cost of Project B under both dive depth
scenarios as set forth in Exhibit C2, both exhibits of which are attached hereto and
incorporated herein by reference, with Exhibits C1 and C2 also showing the cost
breakdowns for each Reservation Holder’s respective percentage share of such costs;
and
WHEREAS, the Reservation Holders have, prior to the Effective Date, already
expended monies totaling $57,492.29 towards repair costs for Project B, with TMR
bearing 68% of such expense and JPJ bearing the remaining 32%; and
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WHEREAS, the Reservation Holders have agreed to advance the total cost of
Project A to County on behalf of CSA 34, so that County may oversee and ensure that
Project A is completed; and
WHEREAS, the Reservation Holders have agreed to advance the total cost of
Project B (after deduction of the $57,492.29 already expended) to County on behalf of
CSA 34 so that County may oversee and ensure that Project B is completed ; and
WHEREAS, the intent of the Parties under this Limited Obligation Reimbursable
Funding Agreement is to reimburse JPJ and TMR for each such Reservation Holder’s
proportional costs associated with both Project A and Project B over a ten (10) year
period, but only to the extent funds, if any, in the Capital Facilities Replacement
Reserve and the Lake Pumps Repair Reserve, respectively, are available for the
respective designated purposes of these two separate funds.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I. OBLIGATIONS OF THE RESERVATION HOLDERS
A. Obligations of Reservation Holders:
1. PROJECT A:
JPJ shall pay to COUNTY 32% of the maximum estimated total cost of
Project A, as shown on Exhibit C1 ($42,293.33) not later than June 1,
2017.
TMR shall pay to COUNTY 68% of the maximum estimated total cost of
Project A, as shown on Exhibit C1 ($89,873.34) not later than June 1,
2017.
2. PROJECT B:
JPJ and TMR shall provide the products, labor and materials they have
already paid $57,492.29 for (as set forth in Exhibit D1) to COUNTY’s
contractor(s) for use in completion of Project B, not later than May 15,
2017.
JPJ shall pay to COUNTY the sum of $46,187.22, which represents 32%
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of the maximum estimated total cost of Project B, $64,584.75, as shown
on Exhibit C2 less JPJ’s proportionate share of the total of the invoices
comprising Exhibit D1 (32% of $57,492.29 = $18,397.53), not later than
June 1, 2017.
TMR shall pay to COUNTY the sum of $98,147.82, which represents 68%
of the maximum estimated total cost of Project B, $137,242.58, as shown
on Exhibit C2 less TMR’s proportionate share of the total of the invoices
comprising Exhibit D1 (68% of $57,492.29 = $39,094.76), not later than
June 1, 2017.
SECTION II. OBLIGATIONS OF THE COUNTY
A. COUNTY shall hire all necessary contractors to complete Project A and B but
only upon the precondition that JPJ and TMR first fulfill their respective
obligations hereunder, as set forth in Section I hereinabove; and
Subject to Sections V and VI, herein:
B. COUNTY shall issue repayment of the actual amounts advanced by JPJ and
TMR for Projects A and B when payments fall due, in accordance with Section
IV. herein below and the payment schedules attached hereto as Exhibits E1
and E2, but solely to the extent of funds, if any, actually deposited in the Lake
Pumps Repair Reserve and the Capital Facilities Replacement Reserve,
respectively, in accordance with the Reservation Holders’ respective
proportionate shares of the total cost of Project A and Project B, respectively.
C. Notwithstanding Section II-B hereinabove, the Parties understand and
acknowledge that the costs set forth for both P roject A and Project B (as
detailed in Exhibit B1, C1 and C2) are, as of the Effective Date, estimates of
the actual total cost of Project A and Project B, and may be subject to change
prior to completion of both projects. In such event, Exhibits B1, C1, C2 and the
repayment schedules constituting Exhibits E1 and E2 will be modified
accordingly to reflect the actual costs of Project A and Project B. However, in
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no event shall the repayments hereunder for Project A exceed the amount
of $132,166.67 (with a maximum of $42,293.33 payable to JPJ and a
maximum of $89,873.34 payable to TMR). Further, in no event shall the
repayments hereunder for Project B exceed the amount of $201,827.33
(with a maximum of $64,584.75 payable to JPJ and a maximum of
$137,242.58 payable to TMR).
SECTION III. TERM
This Agreement shall commence on the Effective Date of this Agreement and
terminate on October 1, 2027 or the actual date in year 2027 that COUNTY issues (but
only to the extent of available funds in the Capital Facilities Replacement Reserve and
the Lake Pumps Repair Reserve, respectively, as stated herein) the 10th and final
payment to each Reservation Holder, whichever is later.
SECTION IV. REPAYMENTS OF TOTAL COST
Subject to Sections II and V and VI, herein:
A. COUNTY shall process all repayments 45 days in advance to meet the
annual October 1 payment due date.
B. JPJ agrees that 0% interest shall be applied to repayment of JPJ’s
proportionate share of the total costs of Project A and Project B.
C. TMR agrees that 0% interest shall be applied to repayment of TMR’s
proportionate share of the total cost of Project A and Project B.
SECTION V. NO GUARANTEE OF FULL REPAYMENT
A. Each Reservation Holder hereby acknowledges and agrees that the Capital
Facilities Replacement Reserve may not contain sufficient funds to fully repay
each Reservation Holder their respective proportionate share of the actual
total cost of Project A. In the event the funds in the Capital Facilities
Replacement Reserve are insufficient to fully pay both Reservation Holders
their repayment amounts herein on any of the first nine (9) payment dates,
each Reservation Holder may only be paid their pro rata share solely from
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then-available monies deposited in the Capital Facilities Replacement
Reserve and any difference in each Reservation Holder’s repayment amount
then due that cannot be paid due to the lack of funding shall carry over to the
following year or years, provided however, in the event that funds in the
Capital Facilities Replacement Reserve are inadequate to fully pay each
Reservation Holder its proportionate share of the actual total cost of Project A
when the final October 1, 2027 falls due, each Reservation Holder may only
then receive a final payment, if any, based on that Reservation Holder’s pro
rata share of the total costs of Project A, solely from the then-available
monies, if any, deposited in the Capital Facilities Replacement Reserve, to
the extent of that Reservation Holder’s remaining balance due .
B. Each Reservation Holder hereby acknowledges and agrees that the Lake
Pumps Repair Reserve may not contain sufficient funds to fully repay each
Reservation Holder their respective proportionate share of the actual total
cost of Project B. In the event the funds in the Lake Pumps Repair Reserve
are insufficient to fully pay both Reservation Holders their repayment amounts
herein on any of the first nine (9) payment dates, each Reservation Holder
may only be paid their pro rata share solely from then-available monies
deposited in the Lake Pumps Repair Reserve and any difference in each
Reservation Holder’s repayment amount then due that cannot be paid due to
the lack of funding shall carry over to the following year or years, provided
however, in the event that funds in the Lake Pumps Repair Reserve are
inadequate to fully pay each Reservation Holder its proportionate share of the
actual total cost of Project B when the final October 1, 2027 falls due, each
Reservation Holder may only then receive a final payment, if any, based on
that Reservation Holder’s pro rata share of the total costs of Project B, solely
from the then-available funds, if any, deposited in the Lake Pumps Repair
Reserve, to the extent of that Reservation Holder’s remaining balance due.
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C. Each Reservation Holder further understands and acknowledges as follows:
The total cost of Project A constitutes replacement costs to be paid solely from
the Capital Facilities Replacement Reserve and the total cost of Project B
constitutes pump repair costs to be paid solely from the Lake Pumps Repair
Reserve. Accordingly, any deficiency in the Capital Facilities Replacement
Reserve in any given year (or at the end of the Term) may not be made up with
funds, if any, in the Lake Pumps Repair Reserve, or vice versa. In executing this
Agreement, both JPJ and TMR agree to accept the risk that they may not be paid
in full for their respective proportionate share of monies (including the amounts
reflected in Exhibit D1) contributed to the actual total cost of Project A, Project B,
or both Projects A and B.
SECTION VI. RESERVE FUND ASSESSMENTS
The Reservation Holders understand and acknowledge that (a) COUNTY has no
power or duty to maintain the assessments that fund either or both the Lake Pumps
Repair Reserve and/or the Capital Facilities Replacement Reserve, as it has no control
over the property owners served by CSA 34, (b) the COUNTY’s sole obligation with
respect to such assessments is to administer the receipt of such assessments only for
so long as such assessments may be in effect, (c) any assessments that may have
been approved by the property owners served by CSA 34 to pay for pump repairs or
pump replacement are subject to the power of initiative to reduce or repeal under
Proposition 218 (Cal Constitution, Article XIIIC, sec. 3), (d) the County’s obligations
under this Agreement are obligations limited to the express terms and conditions of this
Agreement, and in any event do not constitute an obligation of the County for which the
County is obligated to levy or pledge any form of taxation or for which the County has
levied or pledged any form of taxation, (e) no fund or account of the COUNTY, except
as expressly stated herein with respect to funds, if any, actually deposited in the Lake
Pumps Repair Reserve and/or Capital Facilities Replacement Reserve, respectively, is
pledged or obligated for the repayment of the amounts advanced hereunder by either or
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both of the Reservation Holders, and (f) County does not have any obligations
otherwise under the law or in equity with respect to the subject of this Agreement . The
provisions of this Section VI shall survive the termination or expiration of this
Agreement.
SECTION VII. NOTICES
The persons and their addresses having authority to give and receive notices
provided for or permitted under this agreement include the following:
For the County:
County of Fresno
Department of Public Works and Planning
Resources Division, Special Districts, CSA 34
2220 Tulare Street, 6th Floor
Fresno, California 93721
For JPJ:
John Bonadelle
JPJ Incorporated
7030 North Fruit Avenue, Suite 101
Fresno, California 93711
For Table Mountain Rancheria:
Dan Casas
Legal Counsel
23736 Sky Harbour Road
P.O. BOX 410
Friant, California 93626
All notices between the Parties provided for or permitted under this Agreement must be
in writing and delivered either by personal service, by first -class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission.
1. A notice delivered by personal service is effective upon service to the
recipient.
2. A notice delivered by first-class United States mail is effective three
County business days after deposit in the United States mail, postage prepaid,
addressed to the recipient
3. A notice delivered by an overnight commercial courier service is effective
on County business day after deposit with the overnight commercial courier service,
delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
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the recipient.
4. A notice delivered by telephonic facsimile is effective when transmission to
the recipient is completed (but, if such transmission is completed outside of County
business hours, then such delivery shall be deemed to be effective at the next
beginning of a County business day), provided that the sender maintains a machine
record of the completed transmission.
For all claims arising from or related to this agreement, nothing in this agreement
establishes, waives, or modifies any claims presentation requirements or procedures
provided by law, including but not limited to the Government Claims Act (Division 3.6 of
Title 1 of the Government Code, beginning with section 810).
SECTION VIII. INDEMNIFICATION
JPJ agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by JPJ, i ts officers, agents, or
employees under this Agreement, and from any and all costs and expenses including
attorney’s fees and court costs, damages, liabilities, claims, and losses occurring or
resulting to any person, firm, or corporation who may be injured or damaged by the
performance, or failure to perform, of JPJ, its officers, agents, or employees under this
Agreement.
TMR agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by TMR , its officers, agents, or
employees under this Agreement, and from any and all costs an d expenses including
attorney’s fees and court costs, damages, liabilities, claims, and losses occurring or
resulting to any person, firm, or corporation who may be injured or damaged by the
performance, or failure to perform, of TMR, its officers, agents, or employees under this
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Agreement.
The provisions of this Section VIII shall survive the termination or expiration of
this Agreement.
SECTION IX. DISCLOSURE OF SELF-DEALING TRANSACTIONS.
This section applies to JPJ, if JPJ is operating as a corporation, or during the
term of this Agreement changes its status to operate as a corporation. If any member of
JPJ’s board of directors is party to a self -dealing transaction during the term of this
agreement, he or she shall disclose the transaction by completing and signing a “Self-
Dealing Transaction Disclosure Form” (Attachment 1 to this agreement) and submitting
it to the County before commencing the transaction or immediately after. “Self -dealing
transaction” means a transaction to which JPJ is a party and in which one or more of its
directors, as an individual, has a material financial interest.
SECTION X. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written
consent of all the Parties, without, in any way, affecting the remainder.
SECTION XI. NON-ASSIGNMENT
Neither JPJ nor TMR may assign their rights or delegate their obligations under
this Agreement without the prior written consent of the County.
SECTION XII. GOVERNING LAW/VENUE
The Parties agree that for the purposes of venue, performance under this
Agreement is to be in Fresno County, California. The rights and obligations of the
Parties and all interpretation and performance of this Agreement shall be governed in all
respects by the laws of the State of California.
TMR agrees to submit to the jurisdiction of the Superior Court of the State of
California in and for the County of Fresno and agrees not to assert sovereign immunity
as an affirmative defense against the County only if such an action is brought under the
following conditions: (1) the action is brought against the Tribe (TMR) by the County; (2)
the action is brought to enforce the terms of this Agreement or to seek a declaration of
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the Tribe’s or the County’s rights or obligations under the terms of this Agreement
SECTION XIII. ENTIRE AGREEMENT
This Agreement, including all Exhibits, constitutes the entire Agreement among
County, JPJ and TMR with respect to the subject matter hereof and supersedes all
previous agreement negotiations, proposals, commitments, writings, advertisements,
publications and understandings of any nature whatsoever unless expressly included in
this Agreement.
SECTION XIV. SEVERABILITY
If anything in this Agreement is found by a court of competent jurisdiction to be
unlawful or otherwise unenforceable, the balance of this Agreement remains in effect.
SECTION XV. AUTHORITY
Each Party represents and warrants to the other Parties that the person(s) signs
signing this Agreement on behalf of such Party (A) is duly authorized to execute and
deliver this Agreement on behalf of the Party for which he or she signs, and (B) his or
her signing of this Agreement is binding upon the Party for which he or she signs.
SECTION XVI. COUNTERPARTS
This Agreement may be executed in counterparts, each of which is deemed an
original, but all of which together constitute the same agreement.
SECTION XVII. NO THIRD PARTY BENEFICIARIES
This Agreement does not and is not intended to create any rights or obligations
for any person or entity except for the Parties. There shall not be any intended third
party beneficiaries to this Agreement.
Executed as of the date written on page 1 of this Agreement.
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EXHIBIT L
SELF-DEALING TRANSACTION DISCLOSURE (FINANCIAL)
Non-corporate bidders may disregard this section.
Bidders shall complete a SELF-DEALING TRANSACTION DISCLOSURE FORM, provided
herein, for each applicable corporate director of the bidding company. The signed form(s)
shall be submitted as a part of the company’s proposal or quotation.
Complete the form and indicate “NONE” under part 3 when your company is a corporation and
no directors are involved with a Self-Dealing Transaction. The form must be signed by an
individual authorized to legally bind the corporation when no directors have a Self-Dealing
Transaction.
DISCLOSURE OF SELF-DEALING TRANSACTIONS: The following provision will be
incorporated into ensuing agreements. It shall apply only when the CONTRACTOR is
operating as a corporation (a for-profit or non-profit corporation) or if during the term of the
agreement, CONTRACTOR changes its status to operate as a corporation.
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
or non-profit corporation) or if during the term of this agreement, the CONTRACTOR changes
its status to operate as a corporation.
Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is providing goods or performing
services under this agreement. A self-dealing transaction shall mean a transaction to which the
CONTRACTOR is a party and in which one or more of its directors has a material financial
interest. Members of the Board of Directors shall disclose any self-dealing transactions that
they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form
(Exhibit #) and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”),
must disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and which
one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing the disclosure form.
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Codes.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Form provided on following page.
SELF-DEALING TRANSACTION DISCLOSURE FORM
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code
5233 (a)
(5) Authorized Signature
Signature: Date:
CSA 34C BELLA VISTA
CSA 34 MILLERTON NEW TOWN
CSA 34A BRIGHTON CREST
Millerton Lake
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SVIA MILANOCSA 34 - Millerton New Town, CSA 34A - Brighton Crest, CSA 34C - Bella VistaDepartment of Public Works and Planning 5
Public Works and PlanningResources, Special Districts G:\PWP\Resources\Special Districts\CSA\CSA 34A\CSA 34A and 34C
CSA 34, 34A, 34C
EXHIBIT C1
DIVE DEPTH 50' TO 100'
Dive Labor (50' to 100' depth for one pump)31,366.67$ TMR JPJ
100 HP Pump/Motors Assembly (New + Sleeve, spiders)$60,000.00 68%32%
Gaskets, fastening hardware (per pump)1,000.00$
Electrical (Conductors/Conduits) (per pump)26,000.00$
County Staff (associated labor)5,000.00$
Total 123,366.67$ $83,889.34 $39,477.33
DIVE DEPTH OVER 100'
Dive Labor (Over 100' depth for one pump)40,166.67$ TMR JPJ
100 HP Pump/Motors Assembly (New + Sleeve, spiders)$60,000.00 68%32%
Gaskets, fastening hardware (per pump)1,000.00$
Electrical (Conductors/Conduits) (per pump)26,000.00$
County Staff (associated labor)5,000.00$
Total 132,166.67$ $89,873.34 $42,293.33
( Over 100')
PROJECT A -
RESERVATION
HOLDERS
PROPORTIONAL SHARE
PROJECT A - TOTAL COST
(Reimbursed from Capital Facilities Replacement Reserve)
(50' TO 100')
EXHIBIT C2
DIVE DEPTH 50' TO 100'
Dive Labor (50' to 100' depth for two pumps)62,733.33$ TMR JPJ
100 HP Pump/Motors Assembly (New and Rebuilt)$53,372.00 68%32%
$4,122.00
Gaskets, fastening hardware (per pump)2,000.00$
Electrical (Conductors/Conduits) (per pump)52,000.00$
County Staff (associated labor)10,000.00$
Total 184,227.33$ $125,274.58 $58,952.75
DIVE DEPTH OVER 100'
Dive Labor (Over 100' depth for two pumps)80,333.33$ TMR JPJ
100 HP Pump/Motors Assembly (New and Rebuilt)$53,372.00 68%32%
$4,122.00
Gaskets, fastening hardware (per pump)2,000.00$
Electrical (Conductors/Conduits) (per pump)52,000.00$
County Staff (associated labor)10,000.00$
Total 201,827.33$ $137,242.58 $64,584.75
Pump End Rebuild (includes new motor/pump adapter housing, coupling, etc.)
Pump End Rebuild (includes new motor/pump adapter housing, coupling, etc.)
PROJECT B - TOTAL COST
(Reimbursed from Lake Pumps Repair Reserve)
(50' to 100')
(over 100')
PROJECT B -
RESERVATION HOLDERS
PROPORTIONAL SHARE
TMR Prepaid JPJ Prepaid
68%32%
$39,094.76 $18,397.53
PROJECT B
Reservation Holders Prepaid Purchases
of Rebuilt and New Pumps
Invoice
Ship To:
BONADALLEWill Call COD
TermsShip Via Customer PO
RS-R15947
Original Order #
12/22/2016
RS-RI16158CASHT
2/27/2017
Customer Number
Shipped DateOrder Date
Invoice Number
Please remit to:
Electric Motor Shop, Inc.
PO Box 446
FRESNO, CA 93709
(559) 650-1153 x
(559) 650-1111 x
2/27/2017
Invoice Date
JOHN BONADELLE
Contact
JPJ, INC.
Attn: JOHN BONADELLE
7030 N FRUIT #101
FRESNO, CA 93711
Received By
Bill To:Paid
JPJ, INC.
Attn: JOHN BONADELLE
7030 N FRUIT #101
FRESNO, CA 93711
Product ID Qty Ship Description Total
(2) NEW MOTORS BEING ORDERED - PUMPS SENT TO GLEIM-CROWN PUMP FOR ESTIMATE TO REPAIR PUMPS AND REPLACE MOTOR
MOUNT ON ONE PUMP - WHEN MOTORS ARRIVE AND PUMPS ARE REPAIRED - EMS WILL ASSEMBLE NEW MOTORS TO REPAIRED
PUMPS AND STORE AT OUR FACILITY UNTIL MARCH OR APRIL WHEN PUMPS CAN BE INSTALLED
Required Work
Sales Price
Make HITACHI Rating 100 HP RPM 1800
Rated V.460 Model S21932H Pump - Make GOULDS
Pump - Model 8X11CHC - 6 STAGE Pump - Head 353.4 Pump - Size 8X11
Pump - GPM 850
22 47,560.00HITACHI MOTOR, 100 HP, 1800 RPM, 460 VOLTAGE, FRAME,
SUBMERSIBLE ENCLOSURE, SERIAL#
100HP HITACHI SUB 23,780.00
22 600.00INBOUND FREIGHTFreight-RS 300.00
22 1,370.00LABOR TO INSTALL PUMPS ON MOTORSLabor 685.00
53,370.76
Page 1
0.00
7.9750%
1,370.00
3,840.76
48,160.00
Labor:
Sales Tax:
Materials:
Total:
0.00Other:
Freight:
Our Tax ID:Your Tax ID:
Taxable Material 48,160.00 Taxable Labor 0.00
1.5% Per Month Interest Will Be Assessed on Past Due Invoices.
PLEASE REMIT TO: PO BOX 446, FRESNO, CA 93709
Thank You!
Invoice
Date
2/10/2017
Invoice #
27619
Bill To
Bonadelle Homes
7030 N. Fruit #101
Fresno Ca. 93711
Ship To
P.O. Number Terms Ship
2/10/2017
Via F.O.B.
Total
PRESSURE SYSTEMS & WELLS - DEEP WELL TURBINES
-- REPAIRS & SERVICES FOR ALL PUMPS --
GLEIM-CROWN PUMP Inc.P.O. BOX 12585
PHONE 266-0584
"The House of Service"
FRESNO, CALIFORNIA
93778-2585
CALIF. STATE CONTRACTORS LICENSE #194577
SELLER
BY
BUYER
Item Code DescriptionQuantity Price Each Amount
Option change all bearings and shaft on both pumps
Parts Adapter bearing2 57.20 114.40T
Parts Intermediate bearing10 57.20 572.00T
Parts Discharge bearings2 258.02 516.04T
Parts Motor adapter bracket1 789.69 789.69T
Parts 1.6875X73.15 SS bowl shaft2 275.94 551.88T
Parts Drive coupling1 392.35 392.35T
Labor labor tear down pumps inspect make repairs and
reassemble with all new bearings and pump shaft
951.00 951.00
Sales Tax 7.975% 234.17
$4,121.53
Loan Amount: $ 98,430.08 Loan Amount: $ 106,878.08
JPJ, Inc. Total Share
32%
PROJECT A -
Capital
Replacement
Repayment
Amount
PROJECT B -
Pump Repair
Repayment
Amount Payment Date
JPJ, Inc. Total Share
32%
PROJECT A -
Capital
Replacement
Repayment
Amount
PROJECT B -
Pump Repair
Repayment
Amount Payment Date
Payment 1:3,947.73$ 5,895.28$ 10/1/2018 Payment 1:4,229.33$ 6,458.48$ 10/1/2018
Payment 2: 3,947.73$ 5,895.28$ 10/1/2019 Payment 2: 4,229.33$ 6,458.48$ 10/1/2019
Payment 3: 3,947.73$ 5,895.28$ 10/1/2020 Payment 3: 4,229.33$ 6,458.48$ 10/1/2020
Payment 4:3,947.73$ 5,895.28$ 10/1/2021 Payment 4:4,229.33$ 6,458.48$ 10/1/2021
Payment 5: 3,947.73$ 5,895.28$ 10/1/2022 Payment 5: 4,229.33$ 6,458.48$ 10/1/2022
Payment 6: 3,947.73$ 5,895.28$ 10/1/2023 Payment 6: 4,229.33$ 6,458.48$ 10/1/2023
Payment 7:3,947.73$ 5,895.28$ 10/1/2024 Payment 7:4,229.33$ 6,458.48$ 10/1/2024
Payment 8:3,947.73$ 5,895.28$ 10/1/2025 Payment 8:4,229.33$ 6,458.48$ 10/1/2025
Payment 9:3,947.73$ 5,895.28$ 10/1/2026 Payment 9:4,229.33$ 6,458.48$ 10/1/2026
Payment 10:3,947.73$ 5,895.28$ 10/1/2027 Payment 10:4,229.33$ 6,458.48$ 10/1/2027
Total Repayment 39,477.33$ 58,952.75$ Total Repayment 42,293.33$ 64,584.75$
Annual Payment Schedule for JPJ, Inc., 50' to 100'Annual Payment Schedule for JPJ, Inc., Over 100'
CSA 34 LAKE PUMP REPAIR & REPLACEMENT: JPJ LOAN REPAYMENT SCHEDULE
Loan Amount: $ 209,163.92 Loan Amount: $ 227,115.92
TMR Total Share
68%
PROJECT A -
Capital
Repalcement
Repayment
Amount
PROJECT B -
Pump Repair
Repayment
Amount Payment Date
TMR Total Share
68%
PROJECT A -
Capital
Replacement
Repayment
Amount
PROJECT B -
Pump Repair
Repayment
Amount Payment Date
Payment 1:8,388.93$ 12,527.46$ 10/1/2018 Payment 1:8,987.33$ 13,724.26$ 10/1/2018
Payment 2: 8,388.93$ 12,527.46$ 10/1/2019 Payment 2: 8,987.33$ 13,724.26$ 10/1/2019
Payment 3: 8,388.93$ 12,527.46$ 10/1/2020 Payment 3: 8,987.33$ 13,724.26$ 10/1/2020
Payment 4:8,388.93$ 12,527.46$ 10/1/2021 Payment 4:8,987.33$ 13,724.26$ 10/1/2021
Payment 5: 8,388.93$ 12,527.46$ 10/1/2022 Payment 5: 8,987.33$ 13,724.26$ 10/1/2022
Payment 6: 8,388.93$ 12,527.46$ 10/1/2023 Payment 6: 8,987.33$ 13,724.26$ 10/1/2023
Payment 7:8,388.93$ 12,527.46$ 10/1/2024 Payment 7:8,987.33$ 13,724.26$ 10/1/2024
Payment 8:8,388.93$ 12,527.46$ 10/1/2025 Payment 8:8,987.33$ 13,724.26$ 10/1/2025
Payment 9:8,388.93$ 12,527.46$ 10/1/2026 Payment 9:8,987.33$ 13,724.26$ 10/1/2026
Payment 10:8,388.93$ 12,527.46$ 10/1/2027 Payment 10:8,987.33$ 13,724.26$ 10/1/2027
Total Repayment 83,889.34$ 125,274.58$ Total Repayment 89,873.34$ 137,242.58$
Annual Payment Schedule for TMR, 50' to 100'Annual Payment Schedule for TMR, Over 100'
CSA 34 LAKE PUMP REPAIR & REPLACEMENT: TMR LOAN REPAYMENT SCHEDULE