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2019 05 01 HC HOUSING COMMISSION MINUTES 1 MARCH 13, 2019 REGULAR QUARTERLY MEETING HOUSING COMMISSION MINUTES WEDNESDAY, MARCH 13, 2019 CALL TO ORDER A regular quarterly meeting of the La Quinta Housing Commission (Commission) was called to order at 4:00 p.m. by Chairperson Long. PRESENT: Commissioners: Casto, Davidson, Gaeta-Mejia, McDonough, and Chair Long ABSENT: Commissioner Davidson COMMISSIONER DAVIDSON JOINED THE MEETING AT 4:03 P.M. PLEDGE OF ALLEGIANCE Commissioner McDonough led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Joan Sanka, La Quinta, Seasons resident – Introduced herself and requested information on who to contact regarding adding walk-in shower into the Seasons complex units. She expressed her concerns about insufficient handicap parking at the Indio County Fairgrounds and Old Town La Quinta’s farmers market. CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. HOUSING CONSULTANT INFORMATION City of La Quinta Housing consultant Becky Caha was introduced by Assistant to the City Manager Villalpando. Becky Caha gave a brief discussion on her background and continued with explaining what her job duties as a housing consultant intel. Items covered were taking care of calls for notice that went out making housing property owner’s aware that STVR’s are not allowed by covenance. Also, Calls have increased for Water Colors (55 plus) requesting information on qualifications and making sure sellers are selling to income qualified buyers and making sure that all covenance stay in place. Assistant to the City Manager Villalpando and Management Specialist Angela Ferreira discussed the RFQ (7 yr. term) re-evaluation for Becky Caha’s position which is due June 30th, 2019. The Commission recommended the fee schedule be updated with current market rates. The Commission thanked Becky for coming. CONSENT CALENDAR ITEM NO. 1 HOUSING COMMISSION MINUTES 2 MARCH 13, 2019 REGULAR QUARTERLY MEETING CONSENT CALENDAR 1. APPROVE MINUTES OF December 12, 2018 Motion – A motion was made by Commissioner Davidson and seconded by Commissioner McDonough. Motion passed unanimously. 2. RECOMMEND THE HOUSING AUTHORITY RECEIVE AND FILE THE LA QUINTA HOUSING AUTHORITY ANNUAL REPORT FOR FISCAL YEAR 2017/18 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34328 – Motion – A motion was made by Commissioner Casto and seconded by Commissioner Davidson. Motion passed unanimously. 3. RECOMMEND THE HOUSING AUTHORITY RECEIVE AND FILE HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR 17/18 REGARDING THE LOW- AND MODERATE-INCOME HOUSING ASSET FUND PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1 (F) FOR THE LA QUINTA HOUSING AUTHORITY – Motion - A motion was made by Commissioner Casto and seconded by Commissioner Gaeta-Mejia. Motion passed unanimously. BUSINESS SESSION – None STUDY SESSION 1. VERBAL UPDATE ON 2018/19 HOUSING AUTHORITY BUDGET AND REVIEW 2019/20 BUDGET PROCESS Finance Director Campos presented the staff report, which is on file in the City Manager’s Department. The Commission and staff discussed Housing Authority Budget processing and timeline; the 2018/19 Second Quarter fund Summary for Homelessness Adjustment, Redevelopment D Agency Loan Repayment, and Bonds for Washington Street Apartments (WSA) Rehabilitation and Expansion. Finance Director Campos requested a special meeting to be held on May 1,2019 for another review on budget prior to Council adoption. DEPARTMENTAL REPORTS Staff provided homeless funding fiscal year 18/19 brief update 1. HOMELESS FUNDING FOR FISCAL YEAR 18/19 HOUSING COMMISSION MINUTES 3 MARCH 13, 2019 REGULAR QUARTERLY MEETING Assistant to City Manager Villalpando and Management Specialist Angela Ferreira provided an update on current homeless funding programs including matching funds program with Coachella Valley Association of Government, Martha’s Village, and Coachella Valley Rescue Mission. COMMISSIONERS’ ITEMS Chair Long inquired about installation of shower grab bars for (WSA). Assistant to the City Manager Villalpando responded that a meeting with Coachella Valley Housing Commission (CVHC) would be held in two weeks regarding installation of shower grab bars. Commissioner Casto asked why walk-in showers were not installed at (WSA). Assistant to City Manager Villalpando explained the American Disabilities Act (ADA) guidelines and stated only (ADA) units can have walk in showers. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners McDonough/Davidson to adjourn this meeting at 5:03 p.m. Motion passed unanimously. Respectfully submitted, Reyna Camarena, Management Assistant City of La Quinta, California City of La Quinta HOUSING COMMISSION MEETING: May 1, 2019 STAFF REPORT AGENDA TITLE: REVIEW AND APPROVE AN ACCOUNTS RECEIVABLE WRITE- OFF AND UNCLAIMED PROPERTY POLICY RECOMMENDATION Review and approve an Accounts Receivable Write-Off and Unclaimed Property Policy. EXECUTIVE SUMMARY • The Accounts Receivable Write-Off and Unclaimed Property Policy provides guidelines for the collection of receivables, escheatment of unclaimed property, and write-off of uncollectable accounts. • The Policy is new and governs all current and future receivables of the City or its related entities, including the Housing Authority. • Staff, Authority Attorney, the Financial Advisory Commission, and an independent auditing firm have reviewed the proposed Policy. The Policy conforms to current laws and governmental accounting best practices. • Subsequent to Housing Commission approval the policy will be presented to the Housing Authority (Authority) for adoption. FISCAL IMPACT The adoption of this policy does not have a monetary impact. However, the approval of this policy will facilitate internal processes and result in a reduction of administrative processing time. BACKGROUND/ANALYSIS As an advisor to the Finance department, on April 10, 2019 the Financial Advisory Commission reviewed, discussed, and approved the proposed Accounts Receivable Write-Off and Unclaimed Property Policy (Policy) with minor edits. The Authority does not currently have a policy governing accounts receivables or write-offs. This Policy is to ensure all reasonable due diligence has been used to collect accounts receivables, improve the measurement of the Authority’s BUSINESS SESSION ITEM NO. 1 accounts receivables and ensure the most efficient use of Authority revenue collection resources. The Policy establishes guidelines for the escheatment of unclaimed money, including unclaimed checks, from the Authority, consistent with the provisions of Government Code Sections 50050 through 50057. This Policy also ensures year-end financial statements reflect actual collectible balances. To ensure compliance with current laws and regulatory requirements, the Policy was reviewed by staff, Authority Attorney, and an independent governmental accounting auditing firm. ALTERNATIVES: The Commission may approve as presented or request further review. Prepared by: Karla Campos, Agency Finance Director Attachment 1: Accounts Receivables Write-Off and Unclaimed Property Policy ATTACHMENT 1 Accounts Receivables Write-Off and Unclaimed Property Policy I. Purpose. It is the City of La Quinta’s (City’s) policy to prevent the creation of accounts receivables by requiring payment at the time of or before services are rendered. In some cases, however, an accounts receivable account may be established and may become delinquent. It is the City’s policy to actively pursue collection of all receivables, regularly review the status of past-due accounts, and write-off accounts determined to be uncollectable. This policy is to ensure all reasonable due diligence has been used to collect accounts receivable, improve measurement of the City’s accounts receivables, and ensure the most efficient use of City revenue collection resources. The policy establishes guidelines for the escheatment of unclaimed money, including unclaimed checks, from the City, consistent with the provisions of Government Code Sections 50050 through 50057. This policy also ensures year-end financial statements reflect actual collectible accounts. II. Scope. This policy applies to all City departments and Funds. Types of receivables covered by this policy include, but are not limited to, business licenses, permits, transient occupancy tax, fees for services, mitigation fees, reimbursements, recovery of damage to City property, fines, fees, penalties, false alarms, and legal judgements. Unclaimed property includes, but is not limited to, uncashed checks and overpayments. III. Accounts Receivables and Write-Off Procedures. A. Accounts Receivable Processing Terms of payment for all debts to the City shall be net 30 from the invoice date, unless otherwise provided in a contract. Because normal City business is conducted Monday through Friday, due dates that occur on a Saturday or Sunday shall be advanced to the following Monday. Due dates that occur on a City observed holiday shall be advanced to the next business day. B. Written Disputes of Debts If a customer submits a written dispute of the debt, the originating department will have thirty (30) days to evaluate the validity of the dispute and reach a decision. The collection process will be put on hold until completion of the appeal process. A response letter shall be sent to the customer notifying them of the decision. If an appeal is upheld, a new invoice summarizing the amount due will be issued. C. Late Fees and Interest Charges Late fees and interest charges may begin accruing on all eligible accounts receivables not paid within 10 days after the invoice due date. In accordance with Government Code section 16583.1, the City may impose a reasonable fee, not to exceed the actual costs, to recover the collection costs on a past due account. For purposes of this paragraph, eligible accounts are defined as those adopted by resolution with a City fee study. The City shall routinely notify customers when payment is due. To facilitate recovery of the principal balance the elimination of penalties, interest, and/or any other fee(s) that has been applied to an accounts receivable item due to delinquency may be written-off in accordance with the approval authorities in Section G of this policy. D. Payment Plans Payment plans may be granted by City staff with the approval of a direct Manager or Supervisor and the Finance Director or their designee. Payment arrangements may be approved under the following conditions: • All debt due must be paid within 24 months. • A promissory note with a payment schedule must be signed with an agreement including a provision that calls for full payment if the note is defaulted upon. A write-off from the City’s accounting records does not constitute forgiveness of the debt or gift of public funds. Subsequent collection of an account previously written off will be treated as miscellaneous revenue in the appropriate Fund. E. Collection Agency Only delinquent accounts over 365 days past due and $100.00 or more may be considered for collections. Accounts transferred to a collection account would be considered written off. If a payment is received from the collection agency it will be deposited as miscellaneous revenue in the appropriate Fund. F. Designation of an Account as Uncollectible An account will be considered uncollectible if it meets one or more of the following criteria: • The City’s collection procedures have been followed and the account remains unpaid for greater than 365 days after the due date shown on the original invoice; • The debtor cannot be located, nor any of the debtor’s assets in the event the assets could be seized, claimed or otherwise used to satisfy debt obligations; • The debtor has no reasonably available assets that may be used for payment of the debt, and there is no reasonable expectation they will have any in the reasonably foreseeable future; • The debt is disputed, and the City has insufficient documentation to pursue collection efforts; • The debtor has died and there is no known estate or guarantor; • The debtor is a company which is no longer in business; • The debt is discharged through legal action (bankruptcy or court judgement). G. Approval Authority for Write-Offs The Finance Department will periodically (but not less than bi- annually) review all accounts receivables. Write-off requests shall include all necessary due diligence documentation. Once Finance staff has prepared the write-off request(s), the qualified accounts will be presented to the Senior Accountant or their designee for review and subsequently obtain the corresponding approval(s) based on the following authority levels: IV. Under and Overpayments. All under and overpayments shall be reported to the City Council prior to becoming the official custody of the City. A. Underpayments Underpayments of less than $5.00 may be waived at the desecration of the City upon approval of the Finance Director; unless the under collected fee constitutes a third-party liability or pass through payment, which must be collected and remitted in full. B. Overpayments In accordance with Government Code Section 50053, individual items of less than $15.00, or any amount if the depositor’s name is unknown, that remain unclaimed in the official custody of the City for the period of one year or upon an order of the court may be transferred to the General Fund by the City Council without the necessity of publication in a newspaper. A formal request for refund may be made within one year by the payee. V. Escheatment of Unclaimed Money Procedures. Escheatment is the process of identifying customer deposits or unclaimed checks that are considered abandoned. A. Public Notice Money that is not the property of the City that remains unclaimed for a period of more than three (3) years shall become the property of the City forty-five (45) days after publication once a week for two successive weeks in a newspaper of general circulation published in the local agency and the City website. When any such money becomes the property of the City and is in Write-Off Approver(s) Approval Limit (cumulative per fiscal year Finance Director Up to $15,000 City Manager Up to $50,000 City Council Over $50,000 a special fund, the City Council may transfer it to the General Fund. Public notice shall include the following information: • The individual or business name as shown on the issued check; • The amount of the issued check; • The fund in which it is held; • A statement announcing that the money shall become the property of the City on the date that is forty-five (45) days nor more than sixty (60) days after the first publication of the notice. B. Filing a Claim A party of interest may file a claim at any time until the date on which the money becomes the property of the City. The City shall obtain proper identification and assurance that the claimant is owed the money prior to re-issuing such payment. Proof of ownership may include but is not limited to: • The claimant’s name, address, telephone number, and Social Security Number or Federal Employer Identification Number; • Proof of identity such as a copy of a driver’s license, social security card, or birth certificate; • Amount of the claim(s); • The grounds on which the claim is founded. If a claim is rejected, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county in which the notice was published. A copy of the complaint and the summons shall be served within thirty (30) days of receiving notice that the claim was rejected. The City shall withhold the release of the portion of unclaimed property for which a court action has been filed until a decision is rendered by the court. VI. POLICY REVIEW. The Finance Director shall review this Policy at a minimum of every five (5) years and recommend any changes to the City Manager and City Council. City of La Quinta HOUSING COMMISSION MEETING: May 1, 2019 STAFF REPORT AGENDA TITLE: RECOMMEND APPROVAL OF CONTRACT SERVICES AGREEMENT WITH BECKY CAHA FOR HOUSING COMPLIANCE AND MONITORING SERVIVES RECOMMENDATION Recommend approval of Contract Services Agreement with Becky Caha in the amount of $355,500 and authorize the Executive Director to execute the agreement. EXECUTIVE SUMMARY • For over twenty years, the Authority has retained the help of outside consultants to provide housing compliance and monitoring services (Services). • The current Housing Compliance Monitoring Services Agreement expires June 30, 2019. • In March 2019, staff solicited bids through the Request for Qualifications (RFQ) process, for housing compliance and monitoring services; Becky Caha was the sole respondent. FISCAL IMPACT The annual contract cost is $71,100. The total not-to-exceed amount for the term of the Agreement (5 years) is $355,500. Funds will be budgeted in the 2019/20 Housing Fund within the Professional Services account (241-9101-60103). BACKGROUND/ANALYSIS The Housing Authority as Successor Agency to the former La Quinta Redevelopment Agency, oversees several affordable housing programs. The programs include a home ownership silent second trust deed program, single-family residential program, and a residential rehabilitation program. For over twenty years, the Authority has retained the help of outside consultants to provide housing compliance and monitoring services. Those services include, but are not limited to the following: • Screen program applicants to determine eligibility • Application processing for resale of properties • Annual compliance monitoring, certification, and reporting • Loan subordination review/approval/processing • Payoff processing/monitoring • Coordination with property owners, realtors, escrow and title companies to process purchase and refinance • Preparation of required forms/paperwork • Tenant screening both initial and annual, including credit checks, personal references, employment verifications, and other such means of verifying the qualifications of new and existing tenants applying for or living in various Housing Authority rental properties • Provide courteous, professional service to property owners and applicants as they work through the purchase, refinance, and sale process In 2013, the Authority contracted with Becky Caha to provide the Services. The current contract expires June 30, 2019. On March 22, 2019, staff issued an RFQ, which was posted on the City’s website and notification was sent to subscribers of the City’s RFQ/P alerts and to various housing agencies. The RFQ was active for two weeks. Staff received one proposal to the RFQ; the proposal was submitted by Becky Caha. ALTERNATIVES The commission may elect not to recommend approval of this Agreement, however, doing so may result in a lapse of services. Prepared by: Angela Ferreira, Management Specialist Approved by: Gilbert Villalpando, Assistant to the City Manager Attachment: 1. Contract Services Agreement with Becky Caha AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the LA QUINTA HOUSING AUTHORITY, (“Authority”), a public body, corporate and politic, and BECKY CAHA (“Contracting Party”). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related HOUSING COMPLIANCE AND MONITORING SERVICES, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 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 Authority and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party 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, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party 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, and shall indemnify, defend (with counsel selected by Authority), and hold Authority, its elected officials, officers, employees, and agents, free and harmless against any such fees, -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against Authority hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by Authority, Contracting Party shall immediately inform Authority of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to Authority that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, 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 Services by Authority, except such losses or damages as may be caused by Authority’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to Authority, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from -3- the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 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”), which is incorporated herein by this reference and expressly made a part hereof. 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. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) (the “Contract Sum”), except as provided in Section 1.7. 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 Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by Authority; Contracting Party shall not be entitled to any additional compensation for attending said meetings. 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. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not -4- exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to Authority no later than the tenth (10th) working day of such month, in the form approved by Authority’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 Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, Authority will pay Contracting Party for all items stated thereon which are approved by Authority pursuant to this Agreement no later than thirty (30) days after invoices are received by the Authority’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both Authority and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta Housing Authority, the Executive Director, or Department Director, depending upon Authority laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer , or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the Authority will suffer damage. 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 -5- time period specified in the Schedule of Performance may be approved in writing by the Contract Officer or assigned designee. 3.3 Force Majeure. 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 Co ntracting Party, 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 Authority, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer , or assigned designee, in writing of the causes of the delay. The Contract Officer , or assigned designee, 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 the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer , or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2019, and terminate on June 30, 2024 (“Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Becky Caha Tel No. (760) 900-9668 E-mail: cahabecky@gmail.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for Authority to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other -6- personnel may be assigned to perform the Services required hereunder without the express written approval of Authority. 4.2 Contract Officer. The “Contract Officer”, otherwise known as the Gilbert Villalpando, Assistant to the City Manager, or assigned designee may be designated in writing by the Executive Director of the Housing Authority. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by Authority to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of Authority required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of Authority required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for Authority to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of Authority. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of Authority. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without Authority’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of Authority. 4.4 Independent Contractor. Neither Authority nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. Authority shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of Authority and shall remain at all times as to Authority a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any -7- manner represent that it or any of its agents or employees are agents or employees of Authority. Authority shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint ent erprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of Authority. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Authority. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, Authority shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for Authority. Authority shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by Authority, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of Authority and entitlement to any contribution to be paid by Authority for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold Authority harmless from any and all taxes, assessments, penalties, and interest asserted against Authority by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold Authority harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. Authority shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to Authority from Contracting Party as a result of Contracting Party’s failure to promptly pay to Authority any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. -8- 4.6 Authority Cooperation. Authority shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by Authority. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by Authority), and hold harmless Authority and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that Authority is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer , or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is -9- providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to Authority and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of Authority, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and Authority shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to Authority, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Authority or as part of any audit of Authority, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of Authority and shall be delivered to Authority upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by Authority of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of -10- uncompleted documents without specific written authorization by Contracting Party will be at Authority’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to Authority of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify Authority for all damages resulting therefrom. 7.4 In the event Authority or any person, firm, or corporation authorized by Authority reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, Authority hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for Authority to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that Authority is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by Authority. Authority shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at Authority’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer , or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of Authority, except as required by law or as authorized by Authority. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all Authority data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, -11- draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by Authority or unless required by law. Authority shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All Authority data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to Authority upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed 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 Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 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, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, Authority may take such immediate action as Authority 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 Authority’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, Authority shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, Authority may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. -12- 8.3 Retention of Funds. Authority may withhold from any monies payable to Contracting Party sufficient funds to compensate Authority for any losses, costs, liabilities, or damages it reasonably believes were suffered by Authority due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 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. Authority’s consent or approval of any act by Contracting Party requiring Authority’s consent or approval shall not be deemed to waive or render unnecessary Authority’s consent to or approval of any subsequent act of Contracting Party. 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. 8.5 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. 8.6 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. Authority reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party 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, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any Authority-owned property which -13- Contracting Party is permitted to occupy hereunder and Authority may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that Authority shall use reasonable efforts to mitigate such damages), and Authority may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed Authority. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by Authority for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. AUTHORITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of Authority Officers and Employees. No officer, official, employee, agent, representative, or volunteer of Authority shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by Authority or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Authority or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer , or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the -14- appearance of any conflicts of interest with the interests of Authority in the performance of this Agreement. No officer or employee of Authority shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party 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 any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or 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 Authority: La Quinta Housing Authority Attention: Gilbert Vilallpando 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: Becky Caha 9812 Continental Drive Huntington Beach, CA 92646 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed -15- for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the Housing Authority of the City of La Quinta. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, 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 unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to Authority all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and be come effective at the time Authority renders final payment to Contracting Party without further acknowledgment of the parties. -16- 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic FRANK J. SPEVACEK, Executive Director Dated: BECKY CAHA By: Name: Title: ATTEST: MONIKA RADEVA, Housing Authority Secretary APPROVED AS TO FORM: WILLIAM H. IHRKE, Housing Authority Counsel 1 QUALIFICATIONS TO PROVIDE HOUSING COMPLIANCE AND MONITORING SERVICES LA QUINTA HOUSING AUTHORITY City of La Quinta Housing Authority 78495 Calle Tampico La Quinta, CA 92253 April 2, 2019 9812 Continental Drive Huntington Beach, CA 92646 760.900.9668 cahabecky@gmail.com B ECKY C AHA C EXHIBIT A 2 April 2, 2019   Via Electronic Mail      Ms. Angela Ferreira, Housing Specialist  CITY OF LA QUINTA, CITY MANAGER’S OFFICE  78495 Calle Tampico  La Quinta, CA 92253      QUALIFICATIONS  TO  PROVIDE  AFFORDABLE  HOUSING  COMPLIANCE  AND  MONITORING  SERVICES    Dear Ms. Ferreira:    Thank you for the opportunity to present this letter of qualifications and proposal for housing  compliance and monitoring services to the La Quinta Housing Authority (Authority).  It has been  my pleasure to provide these services for the City of La Quinta (City), the former La Quinta  Redevelopment Agency (Agency) and currently, the Authority for almost 30 years through my  employment with Rosenow Spevacek Group until May 31, 2012, and since June 1, 2012 as an  independent contractor with the Authority.      My experience with the City and Authority makes me uniquely qualified to provide the Authority  with the services requested in the Request for Qualifications.  I have a clear understanding of  the need for compliance in all aspects of the Authority’s affordable housing programs, as well as  a good working relationship with realtors, lenders, property owners, and Authority staff.  This  will allow the administration of these programs to continue seamlessly without any downtime.    The following describes some of my recent related experience and references with the La Quinta  Housing Authority:    Affordable Housing Program Administration – City of La Quinta   During the past twenty years, I have provided complete administration services of administering  their  respective  affordable  housing  programs  including,  managing  its  single‐family  and  multifamily residential rehabilitation loan programs, mobile home conversions, and acquisitions  of dilapidated properties for refurbishment and resale.  I have assisted property owners in the  refinancing  of  their  homes,  selling  of  their  properties  to  qualified  buyers,  verification  of  all  ownership  and  income  qualifications  to  ensure  compliance  with  all  applicable  restrictions.   Below are references of those I have worked with on the Authority’s housing programs:    Jim Cathcart    Cathy Boyd  La Quinta Palms Realty  Solaris Escrow  (760) 564‐4104 (760) 776‐5770  C ‐1‐  3     The following scope of services outlines those duties and time requirements which I propose to  continue to provide for the Authority.      SCOPE OF SERVICES    1. 2nd TRUST DEED PROGRAM & OTHER LOAN PROGRAMS      A  Application Processing      For  all  the  Authority’s  2nd  Trust  Deed  Programs  ‐  review  any  potential  applicants for resales (this includes Watercolors, 2nd Trust Deed  Home  Purchase  Loans,  Miraflores,  Authority  Resales,  and  Habitat,  as well  any  additional projects that may come online throughout the term of the contract  with the Authority).  Coordinate with realtors and escrow/title on processing  purchases.  (Estimated time required – 10 hours per month)      B.  Subordination Review / Approval / Processing      Review  current  loan  applications  and  verify  whether  or  not  a  refinance  is  allowable under terms of the particular program; coordinate with lender and  escrow in processing subordination agreements and preparing said agreements  for signature.  (Estimated time required – 10 hours per month)      C.  Payoff Processing    Verify whether or not loan can be paid off; and, if allowed, work with lender,  escrow and property owner to determine payoff amount and prepare  the  necessary payoff documents to ensure that the Authority receives payment.  (Estimated time required – 5 hours per month)      D.  Phone Call/Inquiries      Consists of phone calls from realtors, property owners, lenders, general public  on the terms and conditions of various properties within the Authority’s housing  program.  Involves reviewing restrictions, determining potential resale prices,  refinancing limitations, and payoff limitations. (Estimated time required – 30  hours per month)    E. Compliance Monitoring (conducted once a year)   Annually mail out recertification letters to all property owners to verify that  they still reside on the property, research with County in the event of returned  letters, or discrepancy of mailing addresses to verify the owner occupancy of  property. (Estimated time required – 25 hours annually, performed in July)     ‐2‐  4     II.  MULTIFAMILY/RENTAL PROPERTIES        Verify  the  continued  compliance  of  the  Authority’s  multifamily  rental  properties.   Verification of income levels of tenants, and rental amounts to verify each project is still  in compliance with their respective controlling agreements.  (Estimated time required –  15 hours annually, performed in July)      III.  OTHER SERVICES     A. Recording Reconveyances ‐ Sewer Subsidy Program (term expiration) –Arrange  for the preparation and recordation of the necessary reconveyance documents  for those properties that have completed the 15‐year term of the sewer subsidy  program. (Estimated time required – 2 hours monthly. Will only be required  this next fiscal year as all properties have concluded their term)    B. Residential  Rehabilitation  Loan  Program  ‐  Monthly  process  payments  of  the  rehabilitation loan for the loan programs and monitor the repayment schedule.  (Estimated time required – ½ hour per month)    C. Foreclosure / Loan Default Assistance – Working with lenders and homeowners  in the event of defaults and foreclosure sales to ensure that the Authority’s  interests are maintained to the extent possible.  (Estimated time required – 3  hours per month)    D. Housing Authority Annual Report – Assist Authority staff with the verification of  affordable housing properties and assistance amount.  (Estimated time required  – 5 hours annually, performed in September or October)    Again, I am prepared to alter my scope of services to accommodate any changes in services the  Authority deems appropriate.        ‐3‐ 5 FEE PROPOSAL  Below is my fee proposal based upon compensation on a time and materials basis.  My hourly  rate for this engagement is $100 per hour.  The estimate below is provided for a period of 12  months assuming all services noted in the Scope of Services (for detailed month by month  breakdown, please see the attached). It is anticipated that these services could be provided for  an estimated NOT TO EXCEED FEE of $71,100.      Estimated Budget:                                        Invoices  Invoices will be submitted at the end of each month.  Expense charges will be kept to a  minimum, and will be billed at cost only.  I will not charge for phone charges, copies, or mileage  within Southern California.  I will charge for postage or outside services (FedEx, UPS).    Insurance  I currently have insurance that covers these services, and will upgrade my insurance to meet the  Authority’s requirements throughout the term of my contract.    Thank you for this opportunity to provide the Authority with my qualifications for these services.   I am hopeful that the working relationship that is currently in place can continue.  Please feel  free to contact me with any questions or if you require any additions/subtractions to the Scope  of Services.  You can reach me at (760) 900‐9668 and my email is cahabecky@gmail.com.    Sincerely,  Becky Caha Becky Caha  Housing Program Consultant  Hours $ Amount 2nd Trust Deed Program Application Processing - Resales of Covenanted Properties 120 12,000$ Subordination Review/Approval/Processing 60 6,000$ Payoff Processing 60 6,000$ Phone Calls/Inquiries 360 36,000$ Ownership Recertification Compliance Monitoring 25 2,500$ Multifamily / Rental Properties Annual Compliance Certification Monitoring 15 1,500$ Other Services Recording Reconveyances - Sewer Subsidy Program 24 2,400$ Proocessing of Rehab Loan Payments 6 600$ Foreclosure / Loan Default Assistance 36 3,600$ Houing Authority Annual Report 5 500$ TOTAL 71,100$ LA QUINTA HOUSING AUTHORITY Housing Program Administration Annual Budget ‐4‐ Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-202nd Trust Deed ProgramHours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount HoursAmountApplication Processing - Resales of Covenanted Properties10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ 10 1,000$ Subordination Review/Approval/Processing5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ Payoff Processing5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ 5 500$ Phone Calls/Inquiries30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ 30 3,000$ Ownership Recertification Compliance Monitoring25 2,500$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ TOTAL 75 7,500$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 50 5,000$ 62,500$ Multifamily / Rental PropertiesAnnual Compliance Certification Monitoring15 1,500$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 15 1,500$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 1,500$ Other ServicesRecording Reconveyances - Sewer Subsidy Program2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ 2 200$ Proocessing of Rehab Loan Payments0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ 0.5 50$ Foreclosure / Loan Default Assistance3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ 3 300$ Houing Authority Annual Report0-$ 0 -$ 5 500$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ TOTAL 5.5 550$ 5.5 550$ 10.5 1,050$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 5.5 550$ 7,100$ 95.5 9,550$ 55.5 5,550$ 60.5 6,050$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 55.5 5,550$ 71,100$ ANNUAL TOTAL FOR HOUSING PROGRAM ADMINISTRATIONJul-19LA QUINTA HOUSING AUTHORITYHousing Program Administration Monthly BudgetAug-19 Sep-19 Oct-19 Nov-19 Dec-19 Becky Caha 9812 Continental Drive Huntington Beach, CA 92646 Phone: 760-900-9668 E-mail: cahabecky@gmail.com BACKGROUND Conducts a wide variety of real estate and affordable housing consulting services to municipalities throughout Southern California. My broad portfolio of experience includes developing and administering low and moderate income housing and subsidy programs, reviewing applicant eligibility, coordinating escrow and document preparation, and conducting annual monitoring and reporting activities. I also have considerable experience in the field of rent subsidy and tenant coordination for multifamily affordable housing projects. FOCUS AREAS Affordable Housing and Housing Assistance Programs, Oversight Agent, Program Administration, Application Process Oversight, Escrow Supervision, Underwriting Services EXPERIENCE • Program Administrative Consultant for City of La Quinta/La Quinta Housing Authority for the administration of the Home Purchase Loan Program and compliance management of their multifamily income restricted rental units. •Project Management Consultant for the administration and compliance City of Coronado Home Purchase Loan Program and multifamily tenant recertification and compliance monitoring for their affordable rental units. • Project Management for underwriting services for the City of Irwindale’s Affordable Housing Low and Moderate Down Payment Assistance Program. OTHER AFFILIATIONS •Fair Housing Council of Riverside County, Inc. •California Association for Local Economic Development •Riverside County Coalition of Affordable Housing Professionals EDUCATION B.A. Liberal Arts – University of Redlands M.A. Organizational Leadership – Biola University RESUME a04/25/19 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed SEVENTY ONE THOUSAND ONE HUNDRED DOLLARS ($71,100) (“Contract Sum”) per fiscal year. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit D Page 1 of 1 Exhibit D Special Requirements None Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, 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) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’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 Contracting Party’s performance hereunder and neither Authority nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the Authority and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by Authority 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 Contracting Party 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 Exhibit E Page 2 of 6 $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. Contracting Party 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. Contracting Party shall provide written notice to Authority within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify Authority, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies Authority may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Authority may, at its sole option: 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 Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party 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 Authority may have. The above remedies are not the exclusive remedies for Contracting Party’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 Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. Exhibit E Page 3 of 6 E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and Authority agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds Authority, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against Authority 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 Contracting Party 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 Authority 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 Authority 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 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 Authority, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect Authority’s protection without Authority’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to Authority 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, Authority has the right, but not the duty, to obtain any insurance it Exhibit E Page 4 of 6 deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by Authority shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at Authority option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party 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 Authority. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party 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. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to Authority for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the pe rformance of work on the project contemplated by this agreement to self-insure its obligations to Authority. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self -insured retention must be declared to the Authority. At that time the Authority shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The Authority reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the Authority will negotiate additional compensation proportional to the increased benefit to Authority. 12. 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. Exhibit E Page 5 of 6 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of Authority to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on Authority nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as Authority, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until Authority executes a written statement to that effect. 15. Contracting Party 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 Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to Authority within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to Authority, its employees, officials, and agents. 17. 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. 18. 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. 19. The requirements in this Exhibit 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 Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the Exhibit E Page 6 of 6 right to charge Authority or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to Authority. It is not the intent of Authority to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against Authority for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to Authority of any claim or loss against Contracting Party arising out of the work performed under this agreement. Authority 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 Authority. Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of Authority. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by Authority), and hold harmless Authority 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 Contracting Party or of any subcontractor), 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 caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party 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 A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by Authority), and hold harmless the Indemnified Parties 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 Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of Authority under any Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless Authority for liability attributable to the active negligence of Authority, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Authority is shown to have been actively negligent and where Authority’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of Authority. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless Authority and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of 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 caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party 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 A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), 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. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions Exhibit F Page 3 of 3 identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of Authority to monitor compliance with these requirements imposes no additional obligations on Authority and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Authority as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. City of La Quinta HOUSING COMMISSION MEETING: May 1, 2019 STAFF REPORT AGENDA TITLE: DISCUSS OPTIONS FOR AFFORDABLE HOUISNG DEVELOPMENT RECOMMENDATION Discuss options for affordable housing development. EXECUTIVE SUMMARY • The Housing Authority (Authority) has 1,285 affordable units wherein 50 percent of the units are available to persons of very-low income, 386 silent second trust deed loans, and 1 residential rehabilitation loan. • The Authority has approximately eight (8) vacant parcels that are suitable for development of various affordable housing types. The Authority has 3 years to identity plans for development of the sites. • Some of the available types of development are: transitional, veteran, multifamily, and single-family housing. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The Authority was established to own rental properties in the City of La Quinta that were scheduled for substantial rehabilitation, and to hold title to vacant properties that could be developed with single and multi-family housing. Currently, the Authority has 1,285 affordable units wherein 50 percent of the units are available to persons of very-low income, 386 silent second trust deed loans, and 1 residential rehabilitation loan. The Authority contracts with private entities to manage the occupied properties. Currently, the Authority has eight (8) vacant sites that are available for the development of affordable housing projects (Attachment 1). In 2017, the Authority passed a resolution that granted staff five (5) years to carry out plans to either develop the properties with Low- and Moderate-Income housing or sell the properties and deposit the proceeds into the Low- and Moderate-Income Housing Fund to be used for future affordable housing development. At that time, staff reached out to local affordable housing developers, non-profits, the County of Riverside, and local school districts to see if they had any interest in acquiring the properties for the development of affordable housing and received no interest. The Authority’s inventory includes: STUDY SESSION ITEM NO. 1 Seven (7) parcels approximately 5,000 square feet or less in size and zoned for single-family residential development. Four (4) of the parcels are adjacent to one another; however, they will be affected by the City of La Quinta’s Complete Streets Project. One (1) parcel is anticipated to be approximately 2-3 acres in size located directly behind the City’s new X Park. This parcel could house a small multi-family development. Different types of affordable housing that could be considered for the Authority’s properties are: transitional, veteran, multifamily, and single-family housing. The Authority also has the option to sell the properties to developers for the creation of market rate properties with all sale proceeds being deposited into the Low- and Moderate- income Housing fund to be used for affordable housing projects. Staff seeks commission discussion on affordable housing projects. Prepared by: Angela Ferreira, Management Specialist Approved by: Gilbert Villalpando, Assistant to the City Manager Attachment(s): 1. Available properties Housing Commission Meeting May 1, 2019 • • • • • Types of Affordable Housing •Single-family •Multi-family •Transitional •Veteran 773-223-019 Southeast Section of Avenida Villa and Calle Sonora 773-223-022 Southeast Corner of Avenida Herrera and Calle Sonora • 770-174-001 Avenida La Fonda and Washington 773-145-010, 011, 022, and 023 Avenida Navarro and Calle Sinaloa Future X Park Dune Palms and Westward Ho Fund #Funding Source Cash Revenues Expenses Ending Balance 241 Housing Fund 10,369,700 543,000 (602,500) 10,310,200 243 Low-Mod Fund 1,588,000 18,001 (267,667) 1,338,334 248 2004 Bond 1,451,900 10,000 (1,461,900) - 249 2011 Bond 23,740,700 170,000 (7,416,000) 16,494,700 37,150,300 741,001 (9,748,067) 28,143,234 Current Budget for 2018/19 Estimated at June 30, 2019 Fund #Funding Source Cash Revenues Expenses Ending Balance 241 Housing Fund 10,310,200 418,000 (609,300) 10,118,900 243 Low-Mod Fund 1,960,946 653,065 (250,000) 2,364,011 249 2011 Bond 16,494,700 150,000 (20,000) 16,624,700 28,765,846 1,221,065 (879,300) 29,107,611 Estimated at June 30, 2020 Preliminary Budget for 2019/20 Washington Street Apartments •$42 million dollar project •Housing Authority contribution: –$11 million on rehabbed and new units –$7 million in land costs (original apartments and vacant land) Next Meeting •June 12, 2019