2010 03 16 RDARedevelopment Agency agendas are
available on the City' web page
@ www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, MARCH 16, 2010
3:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. RA 2010-004
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Franklin, Henderson, Sniff, Chairperson Evans
PUBLIC COMMENT
At this time, members of the public may address the Redevelopment Agency on any
matter not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
CLOSED SESSION
1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS
R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF REAL PROPERTY IDENTIFIED AS APN 600-020-
038, AND -039. PROPERTY OWNERS/NEGOTIATORS: DESERT CITIES
DEVELOPMENT, INC., MICHAEL SHOVLIN AND VIP MOTOR CARS, LTD.,
JERRYJOHNSON.
Redevelopment Agency Agenda
March 16, 2010
2. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS
R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE
INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE.
PROPERTY OWNER/NEGOTIATOR: DIRECT POINT ADVISORS, INC.,
MICHAEL HASTINGS.
3. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS
R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF REAL PROPERTY LOCATED ON THE WEST SIDE
OF EISENHOWER DRIVE BETWEEN AVENUE 50 AND AVENIDA FERNANDO.
PROPERTY OWNER/NEGOTIATOR: PYRAMID PROJECT MANAGEMENT,
KEN HOEPPNER.
4. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS
R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF REAL PROPERTIES LOCATED AT 53-565
AVENIDA VALLEJO (APN 774-153-014), 53-775 AVENIDA ALVARADO
(APN 774-122-016), AND TWO VACANT LOTS IN THE LA QUINTA COVE
(APNs 774-144-011 AND 774-044-012). PROPERTY OWNER/
NEGOTIATOR: HABITAT FOR HUMANITY, FRED BELL.
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
d-nn P_M_
PUBLIC COMMENT
At this time members of the public may address the Redevelopment Agency on any matter
not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
CONFIRMATION OF AGENDA
Redevelopment Agency Agenda 2 March 16, 2010
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF FEBRUARY 16, 2010
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1. APPROVAL OF DEMAND REGISTERS DATED MARCH 2 AND MARCH 16,
2010.
2. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 2010.
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED JANUARY
31, 2010.
4. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445(a) AND AUTHORIZING THE
EXPENDITURE OF FUNDS TOWARD THE CITY'S TRAFFIC SIGNAL
SYNCHRONIZATION IMPROVEMENTS AT VARIOUS LOCATIONS.
5. RATIFICATION OF APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
(PSA) WITH MSA CONSULTING, INC. FOR ENGINEERING SERVICES FOR
THE DUNE PALMS/HIGHWAY 111 PROJECT AND APPROPRIATION OF
FUNDS.
6. APPROVAL OF AMENDMENT NO. 2 TO THE LA QUINTA PALMS REALTY
CONTRACT FOR RESIDENTIAL PROPERTY MANAGEMENT SERVICES FOR
THE LA QUINTA RENTAL HOUSING PROGRAM AND EXTENSION OF THE
CONTRACT FOR TWO YEARS TO 2013.
BUSINESS SESSION - NONE
STUDY SESSION — NONE
CHAIR AND BOARD MEMBERS' ITEMS — NONE
PUBLIC HEARINGS — NONE
003
Redevelopment Agency Agenda 3 March 16, 2010
ADJOURNMENT
The next regular meeting of the Redevelopment Agency will be held on April 6,
2010, commencing with closed session at 3:00 p.m. and open session at 4:00
p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta Redevelopment Agency meeting of March
16, 2010, was posted on the outside entry to the Council Chamber at 78-495
Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630
Highway 111, on March 12, 2010.
DATED March 12, 2010
VERONICA J ONTECINO, City Clerk
City of La Quinta, California
Public Notice
Any writings or documents provided to a majority of the Redevelopment Agency regarding
any item on this agenda will be made available for public inspection at the City Clerk
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during
normal business hours.
004
Redevelopment Agency Agenda 4 March 16, 2010
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AGENDA CATEGORY:
RDA MEETING DATE: March 16, 2010 BUSINESS SESSION
ITEM TITLE: Demand Register Dated CONSENT CALENDAR
March 2, 2010
STUDY SESSION
PUBLIC HEARING
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated
March 2, 2010 of which $217,733.37
represents Redevelopment Agency Expenditures
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
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AGENDA CATEGORY:
RDA MEETING DATE: March 16, 2010 BUSINESS SESSION
ITEM TITLE: Demand Register Dated CONSENT CALENDAR /
March 16, 2010
STUDY SESSION
PUBLIC HEARING
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated
March 16, 2010 of which $6,318,545.03
represents Redevelopment Agency Expenditures
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
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COUNCIL/RDA MEETING DATE: March 16, 2010 AGENDA CATEGORY:
ITEM TITLE: Receive and File Treasurer's Report
as of January 31, 2010
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and file.
BUSINESS SESSION:
CONSENT CALENDAR: av-.
STUDY SESSION:
PUBLIC HEARING:
PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: March 16, 2010
BUSINESS SESSION:
ITEM TITLE: Receive and File Revenue and Expenditure
Report for January 31, 2010 CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Receive and File
BACKGROUND AND OVERVIEW:
Receive and File the January 31, 2010 Statement of Revenue and Expenditures for the
La Quinta Redevelopment Agency.
Respectfully submitted,
'�A&
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. Revenue and Expenditures Report, January 31, 2010
008
ATTACHMENT 1
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO. 1:
LOWIMODERATE TAX FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Miscellaneous revenue
Non Allocated Interest
LORP-Rent Revenue
Home Sales Proceeds
Sale of Land
Sewer Subsidy Reimbursements
Rehabilitation Loan Repayments
2nd Trust Deed Repayment
Williams Note Payment
Transfer In
TOTAL LOWIMOD TAX
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interest - County Loan
Interest Advance Proceeds
Transfers In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND
Pooled Cash Allocated Interest
Non Allocated Interest
Developer Agreement Funding
Sale of Land Proceeds
Rental Income
Litigation Proceeds
Transfers In
TOTAL CAPITAL IMPROVEMENT
07/01/2009 - 01/31/2010
ADJUSTED REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
10,833,900.00
4,785,464.33
6,048,435.67
44.170%
68,700.00
3,180.62
65,519.38
4.630%
0.00
792.63
(792.63)
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
225,000.00
148,437.06
76,562.94
65.970%
150,000.00
0.00
150,000.00
0,000%
0.00
0.00
0.00
0,000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
19,444.00
(19,444.00)
0.000%
0.00
0.00
0.00
0.000%
11,277,600.00
4,957,318.64
6,320,281.36
43.960%
43,335,700.00
19,081,884.27
24,253,815.73
44.030%
42,700.00
27,503.81
15,196.19
64.410%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
4,438,892.00
2,981,837.27
1,457,054.73
67.180%
47,817,292.00
22,091,225.35
25,726,066.65
46.200%
162,000.00
67,882.93
94,117.07
41,900%
32,500.00
18,709.36
13,790.64
57,570%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
2,639.33
(2,639.33)
0.000%
0.00
325,000.00
(325,000.00)
0.000%
0.00
0.00
0.00
0.000%
194,500.00
414,231.62
(219,731.62)
212,970%
.w.. 009
`a
LA OUINTA REDEVELOPMENT AGENCY
ADJUSTED
01131/10
EXPENDITURES
ENCUMBERED
REMAINING
BUDGET
EXPENDITURE SUMMARY
BUDGET
PROJECT AREA NO 1:
LOW/MODERATE TAX FUND:1.100.00
PERSONNEL
1,100.00
0.00
0.00
SERVICES
352.490.00
228,494.30
0.00
23995.E
1,95.6E
BUILDING HORIZONS
0.00
275,000.00
0,00
138,988,08
0.00
0.00
0.00
136,011.92
LO RENTAL PROGRAM
0,00
0.00
0.00
000
2nd TRUST DEED PROGRAM
BUILDING HORIZONS
250.000.00
0,00
0.00
250.000.00
LAND ACQUISITION
0.00
000
000
0.00
LOW MOD HOUSING PROJECTS
0.00
9,000.00
0.00
(9,000.00)
FORECLOSURE
750,000.00
10,000.00
0.00
740,00000
REIMBURSEMENT TO GEN FUND
763,523.00
467,593,51
0.00
295,929.49
TRANSFERS OUT
4,478,892.00
2,98183727
0.00
1,497.054.73
TOTAL LOW/MOD TAX
-
DEBT SERVICE FUND:
SERVICES
508,20000
473,766,03
0.00
34,0.00
BOND PRINCIPAL
3,135,000,00
7,144,062.00
3,135000,00
3,620,W3.13
0.00
0,00
0.00
3,523,118.87
BOND INTEREST
INTEREST CITY ADVANCE
1,428,333.00
711.66666
0,00
716,666.34
PASS THROUGH PAYMENTS
24,722.621.00
8.772.965.77
0.00
15,949,65523
ERAF SHIFT
23,560,481.00
000
000
23.560,481,00
TRANSFERS OUT
3,961,932.00
2,5'1,604.97
0,00
27
1,470,3.03
TOTAL DEBT SERVICE
_
CAPITAL IMPROVEMENT FUND:
1,100.00
000
0,00
L1000,9
PERSONNEL
SERVICES
776,600.00
398,499.02
0,00
378,1098
LANDACDUISITION
0.00
0,00
0.00
0.00
ASSESSMENT DISTRICT
0.00
10,000.00
0,00
0.00
0.D0
0.00
0.00
10,000.00
ADVERTISING -ECONOMIC DEV
0,00
000
0,00
0.00
ECONOMIC DEVELOPMENT
0,00
0.00
0,00
00D
BOND ISSUANCE COSTS
0,00
000
0,00
0,00
CAPITAL -BUILDING
REIMBURSEMENT TO GEN FUND
356,491,00
217.224.38
0,00
139.266.62
TRANSFERS OUT
42.310,767 00
417 506.32
0.00
41,893,260.68
TOTAL CAPITAL IMPROVEMENT
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LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO. 2:
LOW/MODERATE TAX FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Wash St Apts Interest Income
WSA Fed Govt Assistance Pymts
WSA Fed Govt Interest Rate Subsidy
Developer funding
Wash St Apts Rental Income
Wash St Apts Other Revenues
2nd Trust Deed Repayment
ERAF Shift - Interest
Sale of Land
Transfer In
TOTAL LOWIMOD TAX
2004 LOWIMODERATE BOND FUND:
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transferin
TOTAL LOW/MOD BOND
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interest Advance Proceeds
Transfer In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
Allocated Interest
Non Allocated Interest
Misc Revenue
Sale of land
Transfers In
TOTAL CAPITAL IMPROVEMENT
0710112009 - 01/31/2010
ADJUSTED REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
5,668,000.00
2,580,449.98
3.087,550.02
45.530%
168.100.00
35,042.43
133,057.57
20.850%
0.00
0.00
0.00
0.000%
3,600.00
1,077.68
2,522.32
29.940%
451,400.00
148,387.00
303,013.00
32.870%
46,800.00
0.00
46,800.00
0.000%
0.00
0.00
0.00
0.000%
163,300.00
58,795.12
104,504.88
36.000%
4,200.00
2,700.20
1,499.80
64.290%
0.00
23,444.00
(23,444.00)
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
6,505,400.00
2,849,896.41
3,655,503.59
43.810%
0.00
0.00
0.00
0,000%
0.00
0.00
0.00
0.000%
17,500.00
10,530.64
6,969.36
60A80%
0.00
0.00
0.00
0.000%
17,500.00
10,530.64
6,969.36
60.180%
22,671,800.00
10,308,928.92
12,362,871.08
45.470%
140,000.00
30,175.88
109,824.12
21.550%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
1,951,399.00
1,256,760.66
694,638.34
64.400%
24,763,199.00
11,595,865.46
13,167,333.54
46.830%
41,400.00
4,648.21
36,751.79
11230%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
41,400.00
4,648.21
36,751.79
11.230%
011
El
LA OUINTA REDEVELOPMENT AGENCY
ADJUSTED
01/31/10
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
PROJECT AREA NO. 2:
LOWIMODERATE TAX FUND:
PERSONNEL
0S7
0.00
709 00
SERVICES
361.00
500,361.00
0.00
287,966.13
WASH APTS OTHER EXPENSES
429.300.00
141,37087
141,330.00
0.00
27
287,966.27
U
TRUST DEEDS
0.00
0.00
0,00
0.00
LOW MOD HOUSING PROJECTS
LOW
3,000.00
0.00
0,00
3,000.00
FORECLOSURE ACQUISITION
250,00000
0.00
000
250,.00.00
VISTA DUNES PARK
0.00
0.00
0.00
0.00
LANDACQUISITION
0.00
0.00
0.00
WSA PRINIPROVIDENT LOAN
5.00
8,790.00
0.00
10.671.92
WSA PNINNSDA LOAN
10,671.00
0,00
00
WSA INTEREST/PROVID LOAN
29.149,00
174,611.00
7.40
0,00
85,851,60
AN
WSA LOAN
12,790,08
0.00
61.820.92
BURSE EN TO
REIMBURSEMENT TO GEN FUND
16,382.00
254,226,66
54,226.86
0.00
62,15 .1
1,7M.019.5
TRANSFERS OUT
143,138,00
12,143,138.00
1,409,118.49
0.00
10734,019.51
TOTAL LOWIMOD TAX
2004 LOW/MODERATE BOND FUND
HOUSING PROGRAMS
824.000900
618,000.00
0.00
206,000.D0
LAND
0.00
0.00
0.00
000
TRANSFERS OUT
73174000
12143702471
000
2,875.442.47
TOTAL LOWIMOD BOND
T55b.140DCT�T325.70
47i
u W-3,U6fbdT.41
DEBT SERVICE FUND:
SERVICES
000
14,772.54
BOND PRINCIPAL
120,00000
120000900
1519312.50
000
0.00
BONDI37
T
299,550.00
000
INTEREST CITY ADVANCE
INTERS CITY
6569528,00
966,308900
966,308.62
690.22000
69q
PASS THROUGH PAYMENTS
9.253938100
19,253,387 00
4,382.948.62
0DO
0.00
P432.3
14,870,432.38
TRANSFERS OUT
1.951939900
1,256,760.6fi
000
694,638.34
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
PERSONNEL
700.00
40.00
0.00
660.00
SERVICES
250,36000
65,920.59
000
1B49439,41
CAPITAL
0.00
0,00
0.00
0.00
ECONOMIC DEVELOPMENT ACTIVITY
000
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
58,244.00
35.885.25
0.00
22,358.75
TRANSFERS OUT
3,303,371.00
254 ]27.86
000
3,048,643. 14
TOTAL CAPITAL IMPROVEMENT
012
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COUNCIL/RDA MEETING DATE: March 16, 2010
ITEM TITLE: Adoption of a Resolution Making Certain
Findings Pursuant to Health and Safety Code Section
33445(a) and Authorizing the Expenditure of Funds
Toward the City's Traffic Signal Synchronization
Improvements at Various Locations
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the Redevelopment Agency of the City of La Quinta making
certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing
the expenditure of funds toward the City's traffic signal synchronization improvements
at various locations.
FISCAL IMPLICATIONS:
In December 2009, Coachella Valley Association of Governments (CVAG) Executive
Committee approved Congestion Mitigation Air Quality (CMAQ) funding for three of
the five projects the City of La Quinta submitted in response to CVAG's May 2009 call
for projects. These projects included the City's first priority project to synchronize the
traffic signals on Eisenhower Drive from Coachella Drive to Calle Tampico, and on Calle
Tampico from Eisenhower Drive to Washington Street; and the City's second priority
project to synchronize the traffic signals on Adams Street from Westward Ho Drive to
Fred Waring Drive, on Miles Avenue from Adams Street to Dune Palms Road, and on
Dune Palms Road from Miles Avenue to Fred Waring Drive.
The CMAQ funding is intended to assist in stimulating the Coachella Valley's economy
and the projects approved to receive the CMAQ funds must be federally obligated
within 12 months of their approval in the Federal Transportation Improvement Plan
(FTIP). The City of La Quinta's projects were approved for listing in the FTIP on
January 28, 2010. Considering the time necessary to negotiate the federal grant
process at Caltrans, staff recommends all three projects be added to the City's Fiscal
Year 2009/2010 Capital Improvement Plan (CIP) in order to expedite project
development.
0 013
The following is the recommended funding, funding sources, and budgets for each of
the projects that staff is recommending RDA funding be used as the local match:
Project No. 1 — Traffic Signal Synchronization
• Eisenhower Drive from Coachella to Calle Tampico; and
• Calle Tampico from Eisenhower Drive to Washington Street
CMAQ: $310,000
RDA Project Area Number 1: $141,000
Total Funding: $451,000
Engineering: $41,000
* Construction: $410,000
Total Budget: $451,000
Project No. 2 — Traffic Signal Synchronization
• Adams Street from Westward Ho to Fred Waring Drive;
• Miles Avenue from Adams Street to Dune Palms Road; and
• Dune Palms Road from Miles Avenue to Fred Waring Drive
CMAQ: $354,000
RDA Project Area Number 2: $86,000
Total Funding: $440,000
Engineering: $40,000
*Construction: $400,000
Total Budget: $440,000
*The costs associated with inspection, testing and survey are included within the
construction budget.
CHARTER CITY IMPLICATIONS:
The proposed improvements are partially funded with federal funding. As such, the
projects will be advertised with prevailing wage requirements.
BACKGROUND AND OVERVIEW:
In April 2009, CVAG issued a call for projects for CMAQ eligible improvements. The
total amount of CMAQ funding available was $2,180,000.
On May 5, 2009, the City Council adopted a Resolution of the City Council approving
the submittal of an application to the Coachella Valley Association of Governments
(CVAG) for partial funding for the following five projects in order of priority:
014
Project No. 1 - Traffic Signal Synchronization
• Eisenhower Drive from Coachella to Calle Tampico; and
• Calle Tampico from Eisenhower Drive to Washington Street
Project No. 2 - Traffic Signal Synchronization
• Adams Street from Westward Ho to Fred Waring Drive;
• Miles Avenue from Adams Street to Dune Palms Road; and
• Dune Palms Road from Miles Avenue to Fred Waring Drive
Project No. 3 - City Owned Property PM-10 Stabilization
• Use of contract farming on undeveloped property at SilverRock
• Planting of Bermuda and Sudan grass on undeveloped areas not being
farmed
Project No. 4 - New Traffic Signal
• Design and construct a new traffic signal at the intersection of Dune Palms
Road and Retail Center Drive
Project No. 5 - New Traffic Signal
• Design and construct a new traffic signal at the intersection of Madison
Street and Avenue 54
On December 7, 2009, CVAG's Executive Committee approved CMAQ funding, in the
amount of $992,000, toward City project priorities 1, 2 and 5.
With regard to Project Nos. 1 and 2, general funds are not available to fill the gap
between the CMAQ funding and the project costs. In order for the project to proceed,
the use of RDA funding is necessary. These projects will provide a direct benefit to
Project Area Nos. 1 and 2 by improving the flow of traffic and reducing the idling of
vehicles at intersections. The portion of the improvements on Eisenhower Drive that
are not within the boundaries of Project Area No. 1 provide a direct benefit to Project
Area No. 1 since the synchronization of the adjoining traffic signals is necessary to
improve the flow of traffic and eliminate delays. The projects are consistent with the
5-year Implementation Plan recently adopted by the Redevelopment Agency.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
Adopt a Resolution of the Redevelopment Agency of the City of La Quinta
making certain findings pursuant to Health and Safety Code Section 33445(a)
and authorizing the expenditure of funds toward the City's traffic signal
synchronization improvements at various locations; or
2. Do not adopt a Resolution of the Redevelopment Agency of the City of La
Quinta making certain findings pursuant to Health and Safety Code Section
33445(a) and authorizing the expenditure of funds toward the City's traffic
0". r 015
signal synchronization improvements at various locations; or
3. Provide staff with alternative direction.
Respectfully submitted,
0Imo
thy R J nass P.E.
Public Wor Dire r/City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
016
RESOLUTION NO. 2010
A RESOLUTION OF THE LA QUINTA
REDEVELOPMENT AGENCY OF THE CITY OF LA
QUINTA CALIFORNIA MAKING CERTAIN FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33445(a) AND AUTHORIZING THE
EXPENDITURE OF FUNDS TOWARD THE CITY'S
TRAFFIC SIGNAL SYNCHRONIZATION
IMPROVEMENTS AT VARIOUS LOCATIONS
WHEREAS, the City's Traffic Signal Synchronization Improvements are
located in La Quinta Redevelopment Project Areas No. 1 and 2 (the "Project Areas");
and
WHEREAS, the City's Traffic Signal Synchronization Improvements will be
installed on Eisenhower Drive from Coachella Drive to Calle Tampico, on Calle Tampico
from Eisenhower Drive to Washington Street, on Adams Street from Westward Ho
Drive to Fred Waring Drive, on Miles Avenue from Adams Street to Dune Palms Road,
and on Dune Palms Road from Miles Avenue to Fred Waring Drive; and
WHEREAS, the construction of the City's Traffic Signal Synchronization
Improvements would afford the Redevelopment Agency the opportunity to address the
blighting conditions; and
WHEREAS, there is inadequate funding within the City's General Fund or
from other sources to construct the proposed Traffic Signal Synchronization
Improvements; and
WHEREAS, it would be in the best interest of the public to construct the
City's Traffic Signal Synchronization Improvements.
NOW, THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment Agency of the
City of La Quinta, California, as follows:
SECTION 1. The above recitals are true and correct and are adopted as
the findings of the Agency Board.
SECTION 2. The Agency Board hereby consents to Agency funding to be
utilized for the City's Traffic Signal Synchronization Improvements.
SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the
Agency finds and determines that:
"..0 O11
Resolution 2010-
Traffic Synchronization
Adopted: March 16, 2010
Page 2
A. The construction of the City's Traffic Signal Synchronization Improvements are
of benefit to the Project Areas and to the immediate neighborhoods in which the
City's Traffic Signal Synchronization Improvements are located.
B. No other reasonable means of financing the improvements are available to the
community.
C. The City's Traffic Signal Synchronization Improvements will assist in the
elimination of one or more blighting conditions inside the Project Areas, and are
consistent with the Redevelopment Agency's implementation plan adopted
pursuant to Section 33490.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Redevelopment Agency held on this 16th day of March 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Chairperson
La Quinta Redevelopment Agency
ATTEST:
VERONICA J. MONTECINO, CIVIC, Secretary
La Quinta Redevelopment Agency
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
La Quinta Redevelopment Agency
018
Resolution 2010-
Traffic Synchronization
Adopted: March 16, 2010
Page 3
City of La Quinta, California
� 019
"MMiJ
T,*T oG.fwQa,ftrw
COUNCIL/RDA MEETING DATE: March 16, 2010
ITEM TITLE: Ratification of Approval of a
Professional Services Agreement (PSA) with MSA
Consulting, Inc. for Engineering Services for the
Dune Palms/ Highway 111 Project, and
Appropriation of Funds
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Ratify approval of a Professional Services Agreement (PSA) (Attachment 1) with
MSA Consulting, Inc. in the amount of $68,500 for engineering services associated
with the Dune Palms/Highway 111 Project, and appropriate funding from
Redevelopment Agency Project Area Number 2.
FISCAL IMPLICATIONS:
The following is the project funding and funding sources:
RDA PA2 Low and Moderate- $34,250
Contract Services
RDA PA2 Capital Projects $34,250
Contract Services
Recommended Budget: $68,500
The following is the project budget:
Topo Verification:
$3,000
Utility Confirmation:
$4,500
Conceptual Utility Plan:
$6,000
Mass Grading Plan:
$35,000
Revised
$20,000
Hydrology/Hydraulics
Report:
Total:
$68,500
020
As illustrated, adequate funding is available to support Staff's recommendation.
BACKGROUND AND OVERVIEW:
The project is located on Highway 111 between Dune Palms Road and Costco
(Attachment 2) and is expected to include both an affordable housing component
and a commercial component.
The developer that is interested in the affordable housing component of the project
has spent considerable time and effort in refining their site plan and is now
interested in completing the preliminary design stage of development as soon as
possible.
MSA Consulting Inc. was engaged in May, 2008, by the Agency's redevelopment
consultant, RSG, Inc., to complete a preliminary water quality management plan
and a preliminary hydrology/hydraulics report for the site in support of California
Environmental Quality Act (CEQA) and project specific plan work.
Staff believes that it is in the Agency's best interest to approve this sole source
PSA for topo verification, utility confirmation, conceptual utility plan and mass
grading plan design and production of a revised hydrology/hydraulics report, for the
following reasons:
1) MSA Consulting, Inc. is already familiar with this particular project, so no
time will be lost as they "ramp up" for this next stage of development of the
project.
2) MSA Consulting, Inc. performed admirably on the Coachella Valley Housing
Coalition (CVHC) project, an RDA project that involved complicated design of
utilities and water quality BMPs (Best Management Practice devices). This
experience should facilitate this project's design.
Contingent upon RDA Board approval of the PSA on March 16, 2010, the following
is the anticipated schedule for the project :
RDA Board approves PSA March 16, 2010
Deliverables complete May 28, 2010
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency include:
• 021
Ratify approval of a Professional Services Agreement (PSA) with MSA
Consulting, Inc. in the amount of $68,500 for engineering services
associated with the Dune Palms/Highway 111 Project, and appropriate
funding from Redevelopment Agency Project Area Number 2; or
2. Do not ratify approval of a Professional Services Agreement (PSA) with
MSA Consulting, Inc. in the amount of $68,500 for engineering services
associated with the Dune Palms/Highway 111 Project, and appropriate
funding from Redevelopment Agency Project Area Number 2; or
3. Provide staff with alternative direction.
Respectfully submitted,
T' othy R.Jo sson,
Public Work rect ity Engineer
Approved for submission by:
y -
Thomas P. Genovese, Executive Director
Attachments: 1. Professional Services Agreement (PSA)
2. Vicinity Map
022
Attachment 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and MSA Consulting, Inc. ("Consultant"). The parties hereto
agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Civil Engineering
Services Related to the Dune Palms Road/Highway 111 Project, as specified in the
"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "services" or "work"). Consultant warrants that all services will be
performed in a competent, professional and satisfactory manner in accordance with
the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work: By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section
4.2 hereof).
Last revised &30-09 - 1 -
023
1.5 Care of Work and Standard of Work.
a. Care of Work. -'Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective. work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Sixty Eight Thousand Five
Hundred Dollars ($68,500.00) (the "Contract Sum"), except as provided in Section
1.6. The method of compensation set forth in the Schedule of Compensation may
include a lump sum payment upon completion, payment in accordance with the
percentage of completion of the services, payment for time and materials based
upon Consultant's rate schedule, but not exceeding the Contract Sum, or such
Last revised 1-19-10 - 2 -
G24
other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs, transportation expense, telephone expense, and similar
costs and expenses when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by.City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance.. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of .the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
Las[ revised 1-19-10 - 3 -
025
3.4 Term. The term of this agreement shall commence on March 3, 2010
and terminate on May 25, 2010 (initial term). Unless earlier terminated in
accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall
continue in full force and effect until completion of the services, except as
otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WOR
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated, as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a. Julian A. De La Torre, P.E.
Vice President/Principal Engineer
MSA Consulting, Inc.
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
P.E., Public Works Director/City Engineer or such other person as may be
designated by the City Manager of City. It shall be Consultant's responsibility to
assure that the Contract Officer is kept informed of the progress of the
performance of the services and Consultant shall refer any decisions, which must
be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer.
4.3 . Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
Lastcevised 1-19-10 - 4 -
026
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees,
y perform the services required_ herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE AND INDEMNIFICATION.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured (on the general liability policy
only) shall be delivered to and approved by City prior to commencement of the
services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers
with A.M. Best ratings of no less than A -:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
Last revised 1-19-10 - 5 -
021
(per statutory requirements)
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as
additional insured shall be delivered to and approved by City prior to
commencement of the services hereunder.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000,per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
All insurance required by this Section shall be kept in effect during the term of
this Agreement .and shall not be cancelable without thirty (30) days written notice
to City of proposed cancellation. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
Last revised 1-19-10 - 6 -
p. 028
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless City and any and all of its officials, employees and agents ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection, therewith and
costs of investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
-employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant
shall not be liable for any injuries or property damage resulting from the reuse of
the design at a location other than that specified in Exhibit C without the written
consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless City, and any and all of
its employees, officials and agents from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and consequential
damages, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
Last revised 1-19-10 - 7 -
029
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section
5.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, anyone directly or indirectly employed by them or
anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may -at its sole option:
Last revised 1-19-10 .8 - O $ O
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
Lest revised 1-19-10 - 9 -
.„. f, 031
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right ,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by. City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to City of any cancellation of coverage. Consultant agrees to require
its insurer to modify such certificates to delete any exculpatory wording stating
that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to. City.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project that is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
Last revised 1-19-10 - -10-
,0. r 032
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to City, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
Iastr ised 1-19-10 - - 11 -
„. r 033
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as "a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement.. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
Last revised 1-19-10 - 12 -
".• n , 034
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
Last revised 1-19-10 - 13 -
035
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 7.7.
7.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover, damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Last revised 1-19-10 - 14-
036
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
Lest rcvised 1-19-10-
037
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice "demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in.writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
To Consultant:
MSA Consulting, Inc.
Attention: Julian A. De La Torre, P.E.
Vice President/Principal Engineer
34200 Bob Hope Drive
Rancho Mirage, CA 92270
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
Last revised 1-19-10
-16-
038
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager
ATTEST:
Veronica J. tecr
G in
o, CMC, City Clerk
APPROVED AS TO FORM:
// // -
Katherine Jens , City Attorhey
CONSULTANT: MSA Consulting, Inc.
Name: jul an A De La Torre P F
C43880 exp. 6/30/11
Title: Vice -President /Principal. F,ngineer
Date: February 23 2010
Date
Last revised 1.19-10 - 17-
» 39 0
C LAfl NIN1a'e,�;,
F
x�:YLl�iliyHS.T�
V^itl
Exhibit A
Scope of Services
w.ft l
Mr. Im immkdn.
Ottr, (. eft r �i,'Ff 16i 'j
. g t tg Prested
Camwiff."i Inc (V ) [s pf"'idd to pravido you with this praposw f(w Cw�ii
ErrgirreeelServirm aW' fA Oune Ps thTo + h�Vy, 111 ik#ft�tdamg Hwsitrg ptrj
d±Cf ctff'�rgrr�¢�Y t�
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule. of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed Sixty eight thousand five hundred dollars
($68,500.00) except as specified in Section 1.6 - Additional Services of the
Agreement.
Last revised 6-3M9
043
Exhibit C
Schedule of Performance
Consultants shall complete services presented within the scope of work
contained within Exhibit "A" in accordance with the term of this agreement.
Last revised 6-30-09
044
Exhibit D
Special Requirements
None.
Last Mvised 6-30-09 045
Attachment 2
DUNE PALMS ROAD HIGHWAY III PROJECT
R,
VICINITY MAP
NOT TO SCALE
`�• 046
0 S
� 4
�C' 9WSW
�OF 1
COUNCIL/RDA MEETING DATE: March 16, 2010
ITEM TITLE: Approval of Amendment No. 2 to the La
Quinta Palms Realty Contract for Residential Property
Management Services for the La Quinta Rental Housing
Program and Extend the Contract for Two Years to
2013
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve Amendment No. 2 and extend the Contract two additional years to 2013 for
the La Quinta Palms Realty Contract for residential property management services for
the La Quinta Rental Housing Program and authorize the Executive Director to execute
the Amendment.
FISCAL IMPLICATIONS:
Currently, the contract allows a monthly management fee of $125 for each rental unit,
a 5% construction management fee, and a 3% commission on the sale of an Agency -
owned home. This proposed Amendment would allow a monthly fee of $75 per house
to be charged for the management of each foreclosed home that is purchased until it is
rented or sold. Adequate funds have been budgeted in Redevelopment Agency
Account Number 245-9001-703.51-40, La Quinta Rental Program.
BACKGROUND AND OVERVIEW:
On February 3, 2009, the Agency Board extended the Agreement for Contract
Services with La Quinta Palms Realty (LQPR) to February 2011 and increased the per
unit management fee from $1 10 to $125 (the prior rate had been in effect since
2004). At this time staff is recommending Amendment No. 2 to the Contract and due
to the timing (one year left on the Contract) staff is requesting the Agency Board
consider extending the Contract two additional years to 2013 rather than bringing the
Contract back to the Agency next year for Contract renewal discussion.
In December 2009 staff approved Amendment No. 1 to the Contract to allow La
Quinta Palms Realty to serve as the Agency's Real Estate Agent as part of the
Agency's Affordable Housing Program. As this was a minor change the Amendment
was approved by the City Manager.
047
In May 2009, staff presented a report to the Agency Board regarding the purchase,
rehabilitation and sale of foreclosed single-family homes. The Board directed staff to
establish a program wherein the Agency would purchase, rehabilitate and subsequently
sell or rent foreclosed single-family homes. On October 6, 2009, the Board approved a
Master Purchase and Sale Agreement with Bank -Owned Properties in Project Areas No.
1 and No. 2 to implement this program.
Since then, staff has been working with LQPR to locate and purchase foreclosed
homes. To date, three homes have been purchased. In working on the purchase of
foreclosed homes and after reviewing the existing Contract, staff is recommending the
Contract be amended as follows:
• Eliminate the maximum number of units to be managed;
• Add Home Foreclosure Purchases to the Scope of Services;
Require the foreclosed homes be added to the Property List as they are
acquired; and
• Add a monthly management fee of $75 per house to the Schedule of
Compensation for the maintenance and marketing of the houses until they are
rented or sold.
Lastly, as noted above, staff suggests the Contract be extended two additional years.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve Amendment No. 2 and extend the Contract two additional years to
2013 for the La Quinta Palms Realty Contract for residential property
management services for the La Quinta Rental Housing Program and authorize
the Executive Director to execute the Amendment; or
2. Do not approve the Amendment with La Quinta Palms Realty for residential
property management services for the La Quinta Rental Housing Program; or
3. Provide staff with alternative direction.
Respectfully submitted
/l 'Gifrttti_
Douglas R. vans,
Assistant City Manager — Development Services
048
Approved for submission by:
l
Thomas P. Genovese, Executive Director
Attachment: 1. Contract Amendment No. 2 with La Quinta Palms Realty
,M
ATTACHMENT #1
AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES -
PROPERTY MANAGEMENT SERVICES ("Amendment No. 2") is made and entered
into as of the day of , 2010 ("Effective Date"), by and between
the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic
("Agency"), and LA QUINTA PALMS REALTY, a California corporation
("Contractor").
RECITALS
A. On or about February 23, 2009, Agency and Contractor entered into
that certain Agreement for Contract Services -Property Management Services with
Contractor ("PMS"), pursuant to which Agency and Contractor agreed to the terms
and conditions to provide those services related to residential property management
and sales for Agency -owned Properties ("Properties").
B. Subsequently, the Agency and Contractor entered into Amendment
No. 1 to the PMS ("Amendment No. 1"). Said Amendment provides that
Contractor shall serve as the Agency's Real Estate Agent and handle the
transactions necessary to acquire individual units to become part of this portion of
the Agency's Affordable Housing Program and increased the per unit management
fee from $110 to $125. All commissions and/or compensation to be pad by the
Seller.
C. Contractor and Agency now wish to amend the Agreement
("Amendment No. 2) to delete the number of houses that are to be managed and
add a fee allowance for the maintenance and marketing of the foreclosed houses
until they are added to the Contract for property management.
AMENDMENT:
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. Section 2.1 of the Agreement is replaced, in its entirety, with
the following:
2.1 Contract Sum. For the services rendered pursuant to this
Agreement, the Contactor shall be compensated One Hundred and
Twenty-five Dollars ($125) per unit monthly (as identified in Exhibit A-
2 Property List), and Seventy-five Dollars ($75) for the management of
each foreclosed unit in accordance with the "Schedule of
Compensation" attached hereto as Exhibit "C" and incorporated herein
.. 050
by this reference, over the two (2) year term of the Contract, except
as provided in Section 1.6. The method of compensation shall be as
set forth in the Schedule of Compensation (Exhibit "C").
Section 2. Exhibit "A-1 Scope of Services" of this Agreement is amended
to add the following:
6. Home Foreclosure Purchases.
• Contractor shall serve as the Agency's sales agent to locate
foreclosed homes in La Quinta that meet the Agency's needs for
affordable housing.
• Contractor shall be responsible for all escrow transactions necessary
to purchase the house.
• After the unit has been rehabilitated, the unit address shall be added
to the Contractor's property management list.
Section 3. Exhibit "A-2 Property List" of this Agreement is amended to add
the new units that are acquired and rehabilitated by the Agency to the property
management list.
Section 4. Exhibit "C Schedule of Compensation" of this Agreement is
amended to add the following sentence to the end of No. 1:
A monthly management fee of $75 per unit is allowed for the management
of each foreclosed home that is purchased until it is rented or sold, at which
time the fee would change accordingly.
Section 5. Except as expressly provided in this Amendment No. 2, all of
the terms, conditions, and provisions set forth in the Agreement shall remain in full
force and effect.
Section 6. The Effective Date of this Amendment No. 2 shall be the later
of the dates set forth next to the signatures of the parties hereto, after the parties
hereto have signed this Amendment No. 2, which date shall be inserted into the
preamble to this Amendment No. 2.
Section 7. This Amendment No. 2 may be executed in counterparts, each
of which, when all the parties hereto have signed this Amendment No. 2, shall be
deemed an original.
[END — SIGNATURE PAGE FOLLOWS]
051
IN WITNESS WHEREOF, the Agency and Contractor have signed this
Amendment No. 2 on the respective dates set forth below.
"Agency"
LA QUINTA REDEVELOPMENT AGENCY
By:
Date: 2010 Thomas P. Genovese
Executive Director
ATTEST:
Veronica Montecino, CMC, Authority
Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Attorneys for the La Quinta
Redevelopment Agency
"Contractor"
Date: , 2010
LA QUINTA PALMS REALTY, a California
corporation
BE
Its:
Name:
CG rp('�2
_ D ZP 129mz
F`y OF7�'
TO: HONORABLE CHAIR AND MEMBERS OF THE REDEVELOPMENT
AGENCY
FROM: DOUGLAS R. EVANS, ASSISTANT CITY MANAGER -DEVELOPMENT
SERVICES kK_
DATE: MARCH 16, 2010
SUBJECT: CONSENT CALENDAR ITEM NO. 6 — LA QUINTA PALMS REALTY
CONTRACT
Attached is the Contract Amendment No. 2 with the proposed term extension
included should the Agency decide to approve the extension. The term extension
is included in the staff report, but was not included in your Agenda packet.
�. 053
AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES -
PROPERTY MANAGEMENT SERVICES ("Amendment No. 2") is made and entered
into as of the day of , 2010 ("Effective Date"), by and between
the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic
("Agency"), and LA QUINTA PALMS REALTY, a California corporation
("Contractor").
RECITALS
A. On or about February 23, 2009, Agency and Contractor entered into
that certain Agreement for Contract Services -Property Management Services with
Contractor ("PMS"), pursuant to which Agency and Contractor agreed to the terms
and conditions to provide those services related to residential property management
and sales for Agency -owned Properties ("Properties").
B. Subsequently, the Agency and Contractor entered into Amendment
No. 1 to the PMS ("Amendment No. 1 "). Said Amendment provides that
Contractor shall serve as the Agency's Real Estate Agent and handle the
transactions necessary to acquire individual units to become part of this portion of
the Agency's Affordable Housing Program and increased the per unit management
fee from $1 10 to $125. All commissions and/or compensation to be pad by the
Seller.
C. Contractor and Agency now wish to amend the Agreement
("Amendment No. 2) to delete the number of houses that are to be managed and
add a fee allowance for the maintenance and marketing of the foreclosed houses
until they are added to the Contract for property management and extend the
Contract for two additional years to 2013.
AMENDMENT:
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. Section 2.1 of the Agreement is replaced, in its entirety, with
the following:
2.1 Contract Sum. For the services rendered pursuant to this
Agreement, the Contactor shall be compensated One Hundred and
Twenty-five Dollars ($125) per unit monthly (as identified in Exhibit A-
2 Property List), and Seventy-five Dollars ($75) for the management of
each foreclosed unit in accordance with the "Schedule of
054
1
Compensation" attached hereto as Exhibit "C" and incorporated herein
by this reference, over the two (2) year term of the Contract, except
as provided in Section 1.6. The method of compensation shall be as
set forth in the Schedule of Compensation (Exhibit "C").
Section 2. Section 3.4 of the Agreement is replaced, in its entirety,
,with the following:,
3.4 Term. Unless earlier terminated in accordance with Section 7.7
or Section 7.8 of this Agreement, this Agreement shall continue in full
force and effect for two (2) years or until completion of the services,
except as otherwise provided in the Schedule of Performance (Exhibit
Section 3. Exhibit "A-1 Scope of Services" of this Agreement is amended
to add the following:
6. Home Foreclosure Purchases.
• Contractor shall serve as the Agency's sales agent to locate
foreclosed homes in La Quinta that meet the Agency's needs for
affordable housing.
• Contractor shall be responsible for all escrow transactions necessary
to purchase the house.
• After the unit has been rehabilitated, the unit address shall be added
to the Contractor's property management list.
Section 4. Exhibit "A-2 Property List" of this Agreement is amended to add
the new units that are acquired and rehabilitated by the Agency to the property
management list.
Section 5. Exhibit "C Schedule of Compensation" of this Agreement is
amended to add the following sentence to the end of No. 1:
A monthly management fee of $75 per unit is allowed for the management
of each foreclosed home that is purchased until it is rented or sold, at which
time the fee would change accordingly.
Section 6. Except as expressly provided in this Amendment No. 2, all of
the terms, conditions, and provisions set forth in the Agreement shall remain in full
force and effect.
Section 7. The Effective Date of this Amendment No. 2 shall be the later
of the dates set forth next to the signatures of the parties hereto, after the parties
hereto have signed this Amendment No. 2, which date shall be inserted into the
preamble to this Amendment No. 2.
b. �055
Section 8. This Amendment No. 2 may be executed in counterparts, each
of which, when all the parties hereto have signed this Amendment No. 2, shall be
deemed an original.
IN WITNESS WHEREOF, the Agency and Contractor have signed this
Amendment No. 2 on the respective dates set forth below.
"Agency"
LA QUINTA REDEVELOPMENT AGENCY
By:
Date: 2010 Thomas P. Genovese
Executive Director
ATTEST:
Veronica Montecino, CMC, Authority
Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Attorneys for the La Quinta
Redevelopment Agency
"Contractor"
LA QUINTA PALMS REALTY, a California
corporation
Date: , 2010 By:
Name:
Its:
056