2024 06 18 HA Special Meetingt(V Q�dAt(Q
GEM of the DESERT — -
NOTICE AND CALL OF SPECIAL MEETING
OF THE LA QUINTA HOUSING AUTHORITY
TO THE MEMBERS OF THE LA QUINTA HOUSING AUTHORITY AND TO THE
AUTHORITY SECRETARY:
NOTICE IS HEREBY GIVEN that a Special Meeting of the La Quinta Housing Authority
is hereby called to be held on Tuesday, June 18, 2024, commencing at 4:00 p.m. (or
thereafter) at La Quinta City Hall located at 78495 Calle Tampico, La Quinta, CA 92253
for the following purpose:
CONSENT CALENDAR
1. APPROVE HOUSING AUTHORITY SPECIAL MEETING MINUTES OF JUNE 4,
2024
2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH BECKY CAHA
FOR HOUSING COMPLIANCE AND MONITORING SERVICES
BUSINESS SESSION
1. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2024125 LA QUINTA
HOUSING AUTHORITY BUDGET [RESOLUTION NO. HA 2024-001]
Dated: June 13, 2024
/s/ XathCeen Fitzpatrick
KATHLEEN FITZPATRICK, Chairperson
Attest:
V6
MONIKA RADEVA, Authority Secretary
LA QUINTA HOUSING AUTHORITY
SPECIAL MEETING Page 1 of 2 JUNE 18, 2024
DECLARATION OF POSTING
I, Monika Radeva, Authority Secretary, do hereby declare that the foregoing notice for the
Special Meeting of the Housing Authority of the City of La Quinta on June 18, 2024, was
posted on the City's website, near the entrance to the Council Chamber at 78495 Calle
Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida
Bermudas, on June 13, 2024.
V�t r
MONIKA RADEVA, Authority Secretary
La Quinta Housing Authority
LA QUINTA HOUSING AUTHORITY
SPECIAL MEETING Page 2 of 2 JUNE 18, 2024
ta Qa�tra
— GEM of the DESERT —
Housing Authority agendas and staff
reports are available on the City's
web site: www.laquintaca._gov
HOUSING AUTHORITY
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico La Quinta
SPECIAi MEETING
TUESDAY, JUNE 18, 2024 AT 4:00 P.M. (or thereafter)
Members of the public may listen to this meeting by tuning -in live via
http://Iaguinta.12milesout.com/video/live.
CALL TO ORDER
ROLL CALL: Authority Members: Evans, McGarrey, Pena, Sanchez, and Chairperson
Fitzpatrick
VERBAL ANNOUNCEMENT — AB 23 [AUTHORITY SECRETARY]
PLEDGE OF ALLEGIANCE
CONFIRMATION OF AGENDA
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the Housing Authority on any matter not
listed on the agenda pursuant to the "Public Comments — Instructions" listed at the end
of the agenda. The Housing Authority values your comments; however, in accordance
with State law, no action shall be taken on any item not appearing on the agenda unless
it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. APPROVE HOUSING AUTHORITY SPECIAL MEETING MINUTES OF
JUNE 4, 2024
HOUSING AUTHORITY AGENDA Page 1 of 4 JUNE 18, 2024
SPECIAL MEETING
2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH BECKY CAHA
FOR HOUSING COMPLIANCE AND MONITORING SERVICES
BUSINESS SESSION
PAGE
ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2024/25 LA QUINTA
HOUSING AUTHORITY BUDGET [RESOLUTION NO. HA 2024-001]
HOUSING AUTHORITY MEMBERS' ITEMS
ADJOURNMENT
***************************************
The next regular quarterly meeting of the Housing Authority will be held on July 16, 2024,
at 4:00 p.m. in the City Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Monika Radeva, Authority Secretary of the La Quinta Housing Authority, do hereby
declare that the foregoing agenda for the La Quinta Housing Authority special meeting
was posted on the City's website, near the entrance to the Council Chamber at 78495
Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida
Bermudas, on June 13, 2024.
DATED: June 13, 2024
MONIKA RADEVA, Authority Secretary
La Quinta Housing Authority
PUBLIC NOTICES
• Agenda packet materials are available for public inspection: 1) at the Clerk's Office at
La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and
2) on the City's website at https://www.laguintaca.gov/business/city-council/housinq-
authority-agendas/, in accordance with the Brown Act [Government Code § 54957.5;
AB 2647 (Stats. 2022, Ch. 971)].
The La Quinta City Council Chamber is handicapped accessible. If special equipment
is needed for the hearing impaired, please call the City Clerk's office at (760) 777-
7123, 24-hours in advance of the meeting and accommodations will be made.
• If background material is to be presented to the Housing Authority during a Housing
Authority meeting, please be advised that 15 copies of all documents, exhibits, etc.,
HOUSING AUTHORITY AGENDA Page 2 of 4 JUNE 18, 2024
SPECIAL MEETING
must be supplied to the Authority Secretary for distribution. It is requested that this
takes place prior to the beginning of the meeting.
PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the Housing Authority on any matter listed or not
listed on the agenda as follows:
WRITTEN PUBLIC COMMENTS can be provided either in -person during the meeting by
submitting 15 copies to the Authority Secretary, it is requested that this takes place prior
to the beginning of the meeting; or can be emailed in advance to
CityClerkMail(a)_LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting.
Written public comments will be distributed to the Housing Authority, made public, and
will be incorporated into the public record of the meeting, but will not be read during the
meeting unless, upon the request of the Chairperson, a brief summary of public
comments is asked to be reported.
If written public comments are emailed, the email subject line must clearly state "Written
Comments" and should include: 1) full name, 2) city of residence, and 3) subject
matter.
VERBAL PUBLIC COMMENTS can be provided in -person during the meeting by
completing a "Request to Speak" form and submitting it to the Authority Secretary; it is
requested that this takes place prior to the beginning of the meeting. Please limit your
comments to three (3) minutes (or approximately 350 words). Members of the public shall
be called upon to speak by the Chairperson.
In accordance with City Council Resolution No. 2022-027, a one-time additional speaker
time donation of three (3) minutes per individual is permitted; please note that the member
of the public donating time must: 1) submit this in writing to the Authority Secretary by
completing a "Request to Speak" form noting the name of the person to whom time is
being donated to, and 2) be present at the time the speaker provides verbal comments.
Verbal public comments are defined as comments provided in the speakers' own voice
and may not include video or sound recordings of the speaker or of other individuals or
entities, unless permitted by the Chairperson.
Public speakers may elect to use printed presentation materials to aid their comments;
15 copies of such printed materials shall be provided to the Authority Secretary to be
disseminated to the Housing Authority, made public, and incorporated into the public
record of the meeting; it is requested that the printed materials are provided prior to the
beginning of the meeting. There shall be no use of Chamber resources and technology
to display visual or audible presentations during public comments, unless permitted by
the Chairperson.
All writings or documents, including but not limited to emails and attachments to emails,
submitted to the City regarding any item(s) listed or not listed on this agenda are public
HOUSING AUTHORITY AGENDA Page 3 of 4 JUNE 18, 2024
SPECIAL MEETING
records. All information in such writings and documents is subject to disclosure as being
in the public domain and subject to search and review by electronic means, including but
not limited to the City's Internet Web site and any other Internet Web -based platform or
other Web -based form of communication. All information in such writings and documents
similarly is subject to disclosure pursuant to the California Public Records Act
[Government Code § 7920.000 et seq.].
TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022,
Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the
Housing Authority requests to attend and participate in this meeting remotely due to `just
cause" or "emergency circumstances, " as defined, and only if the request is approved. In
such instances, remote public accessibility and participation will be facilitated via Zoom
Webinar as detailed at the end of this Agenda.
*** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449***
APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT
Verbal public comments via Teleconference — members of the public may attend
and participate in this meeting by teleconference via Zoom and use the "raise your
hand" feature when public comments are prompted by the Chair; the City will facilitate the
ability for a member of the public to be audible to the Housing Authority and general public
and allow him/her/them to speak on the item(s) requested. Please note — members of
the public must unmute themselves when prompted upon being recognized by the
Chairperson, in order to become audible to the Housing Authority and the public.
Only one person at a time may speak by teleconference and only after being recognized by
the Chair.
ZOOM LINK: https://us06web.zoom.us/m/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 — 8782
HOUSING AUTHORITY AGENDA Page 4 of 4 JUNE 18, 2024
SPECIAL MEETING
CONSENT CALENDAR ITEM NO. 1
HOUSING AUTHORITY
MINUTES
TUESDAY, JUNE 4, 2024
CALL TO ORDER
A special meeting of the La Quinta Housing Authority was called to order at 8:20 p.m. by
Chairperson Fitzpatrick.
PRESENT: Authority Members: Evans, McGarrey, Pena, Sanchez, and Chairperson
Fitzpatrick
ABSENT: None
VERBAL ANNOUNCEMENT — AB 23 was made by the Authority Secretary
PLEDGE OF ALLEGIANCE
Authority Member Evans led the audience in the Pledge of Allegiance.
CONFIRMATION OF AGENDA — Confirmed
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None
CONSENT CALENDAR
1. APPROVE REGULAR QUARTERLY HOUSING AUTHORITY MINUTES OF
JANUARY 16, 2024
MOTION — A motion was made and seconded by Authority Members Evans/Sanchez to
approve the Consent Calendar as presented. Motion passed unanimously.
STUDY SESSION
1. DISCUSS FISCAL YEAR 2024/25 PROPOSED HOUSING AUTHORITY
BUDGET
Finance Director Martinez presented the staff report, which is on file in the Clerk's Office.
Authority Members said they would like to explore opportunities to initiate housing
projects.
HOUSING AUTHORITY MEMBERS' ITEMS
The Authority discussed the ability to possibly establish a grant program through which
the Authority can provide funding to individuals in need of housing assistance, or to
HOUSING AUTHORITY MINUTES Page 1 of 2 JUNE 4, 2024
SPECIAL MEETING
5
groups and organizations that provide housing services and assistance to La Quinta
residents, similarly to the Community Services Grants program the City offers to non-
profit groups and organizations that provide services that benefit La Quinta residents; and
directed staff to conduct research and bring this item back for Authority consideration.
PUBLIC SPEAKER: Gil Villalpando, Director of Business Unit and Housing Development
— said staff had collaborated in the past with the Coachella Valley Housing Coalition
(CVHC) to explore funding/grant options, however, staff did not receive additional
information from CVHC; and will follow up again on the previous discussions.
ADJOURNMENT
There being no further business, it was moved and seconded by Authority Members
Pena/Sanchez to adjourn at 8:32 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, Authority Secretary
La Quinta Housing Authority
HOUSING AUTHORITY MINUTES Page 2 of 2 JUNE 4, 2024
SPECIAL MEETING
CONSENT CALENDAR ITEM NO. 2
City of La Quinta
HOUSING AUTHORITY SPECIAL MEETING June 18, 2024
STAFF REPORT
AGENDA TITL I : APPROVE AGREEMENT FOR CONTRACT SERVICES WITH BECKY
CAHA FOR HOUSING COMPLIANCE AND MONITORING SERVICES
RECOMMENDATION
Approve agreement for contract services with Becky Caha for housing compliance and
monitoring services; and authorize the Executive Director to execute the agreement.
EXECUTIVE SUMMARY
• The Housing Authority (Authority) has retained consultants to provide housing
compliance and monitoring services (Services) for over 20 years.
• In March 2019, staff solicited proposals through a Request for Qualifications (RFQ)
for the Services, and Becky Caha was the sole respondent. The current
agreement expires June 30, 2024.
• Proposed is a two-year agreement (Attachment 1) with Becky Caha for the
Services. The Housing Commission recommended Authority approval of the
agreement at the June 12, 2024, regular meeting.
FISCAL IMPACT
Agreement cost is $103,350 per fiscal year (FY) and a $15,000 contingency, for a total
not to exceed amount of $325,050, for the initial two-year term and optional one-year
extended term. Fund will be budgeted annually in the Housing Fund Professional
Services account 241-9101-60103 while the agreement is in effect.
Fiscal Year
Services
Compensation
2024-25
Housing Monitoring and Compliance
$103,350
2025-26
Housing Monitoring and Compliance
$103,350
2026-27
Housing Monitoring and Compliance
$103,350
2024-27
Contingency at approximately 5%
$ 15,000
Grand Total:
$325,050
F
BACKGROUND/ANALYSIS
The 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 consultants to provide the Services,
which include, but are not limited to the following:
• Screen program applications to determine eligibility
• Process applications for covenant restricted property resales
• Annual compliance monitoring, certification, and reporting
• Loan subordination review, approval, and processing
• Payoff processing and monitoring
• Coordination with property owners, realtors, escrow, and title companies to
process purchase and refinance
• Prepare required forms and 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 Authority
rental properties
• Provide courteous, professional service to property owners and applicants as they
work through the purchase, refinance, and sale process.
The Authority has contracted with Becky Caha to provide the Services since 2013. 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 alerts and to various affordable
housing agencies. The RFQ was active for two weeks and one proposal was received,
submitted by Becky Caha. A new agreement was executed which expires June 30, 2024.
ALTERNATIVES
The Authority may elect not to approve the proposed agreement and direct staff to publish
an RFQ to solicit new proposals, which would require extending the current agreement
on a month -to -month basis until the RFQ procurement process is completed.
Prepared by: Gil Villalpando, Director of Business Unit and Housing Development
Approved by: Jon McMillen, Executive Director
Attachment: 1. Agreement for Contract Services with Becky Caha
E:
ATTACHMENT 1
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" and or
"City" used interchangeably from here on out), a public body, corporate and politic, and
BEKCY CAHA, with a place of business at 9812 Continental Drive, Huntington Beach,
California 92646 ("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 to 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 City 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 City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed against City
hereunder. Contracting Party shall be responsible for all subcontractors' compliance with
this Section.
4
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 City, Contracting Party shall
immediately inform City 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 City 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 City, except such losses or damages as may be caused by City'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 City, 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
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.
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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") in a total amount not to exceed Three Hundred and Twenty -Five
Thousand and Fifty Dollars ($325,050), for the life of the Agreement, encompassing the
Initial and any Extended Terms (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 City; 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 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 City no later than the tenth
(10th) working day of such month, in the form approved by City's Finance Director, an
invoice for Services rendered prior to the date of the invoice. Such invoice shall
(1) describe in detail the Services provided, including time and materials, and (2) specify
each staff member who has provided Services and the number of hours assigned to each
such staff member. Such invoice shall contain a certification by a principal member of
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, City will
pay Contracting Party for all items stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
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 City 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 City Council, the City Manager, or Department Director, depending upon City 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 City 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 time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contracting 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 City, 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, 2024,
and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for
one additional year upon mutual agreement by both parties ("Extended Term"), and
executed in writing.
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12
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
Telephone No.: (760) 900 — 9668; (714) 968 — 2242
Email: cahabecky@gmail.com
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing Principals shall be responsible during the term
of this Agreement for directing all activities of 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 personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer," otherwise known as Gilbert
Villalpando, Director of Business Unit and Housing Development or assigned designee
may be designated in writing by the City Manager of the City. 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 City to the Contract Officer, or assigned
designee. Unless otherwise specified herein, any approval of City 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
City 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 City 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 City. 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 City. 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 City'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 City.
-5- 13
4.4 Independent Contractor. Neither City 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.
City 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 City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. 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 City. City 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 enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. 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 City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other compensation to
Contracting Party for performing the Services hereunder for City. City 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 City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (TERS") as an employee of City and entitlement to any contribution
to be paid by City 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 City harmless from
any and all taxes, assessments, penalties, and interest asserted against City 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
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City 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.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
-6- 14
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
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 City), and hold harmless City
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 City 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 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 City 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
_7 15
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 City, 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 City 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 City, 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 City or as part of any
audit of City, 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 City and shall be
delivered to City 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 City 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 uncompleted documents without specific written
authorization by Contracting Party will be at City'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 City
of any Documents and Materials prepared by them, and in the event Contracting Party
fails to secure such assignment, Contracting Party shall indemnify City for all damages
resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City
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, City 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 City to copy, use, modify, reuse, or sublicense any and all
-g 16
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 City 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 City. City
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 City'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 City, except as required by law or as
authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, 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 City or
unless required by law. City 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 City 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 City 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
-9- 17
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, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City 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. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of 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. City 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
-10- 18
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 City -owned property which Contracting Party is permitted to occupy
hereunder and City 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
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Contracting Party for the purpose of setoff or partial payment of the amounts
owed City.
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 City 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. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting Party,
or any successor in interest, in the event or any default or breach by City 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 City 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 appearance of any conflicts
of interest with the interests of City in the performance of this Agreement.
No officer or employee of City 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 City:
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 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.
-12- 20
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 City Council
of City. 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 City 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
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
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]
-13- 21
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA, BECKY CAHA:
a California Municipal Corporation
Becky Caha, Consultant
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
-14-
22
EXHIBIT A
SCOPE OF SERVICES
COST PROPOSAL TO PROVIDE
HOUSING COMPLIANCE AND
MONITORING SERVICES
- CAL_I>~ RNIA
LA QUINTA HOUSING AUTHORITY
La Quinta Housing Authority
78-495 Calle Tampico
La Quinta, CA 92253
May 10, 2024
BECKY CAHA
9812 Continental Drive
Huntington Beach, CA 92646
7609009668
CA
May 10, 2024
Mr. Gilbert Villalpando, Director
Business Unit and Housing Development
City Manager's Office
78-495 Calle Tampico
La Quinta, CA 92253
COST PROPOSAL FOR HOUSING CONSULTANT SERVICES
Dear Mr. Villalpando:
Via Electronic Mail
Thank you for the opportunity to present this letter providing a cost proposal for housing
compliance and monitoring services to the La Quinta Housing Authority (Authority) from July
1, 2024, through June 30, 2026, with an optional extension of an additional year. It has
been my pleasure to provide these services for the Authority for over 30 years.
My experience with the City and Authority makes me uniquely qualified to provide the
Authority with the services requested in the Request for Proposals. I understand the need
for compliance in all aspects of the Authority's affordable housing programs and 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 scope of services outlines those duties and time requirements I propose to
continue providing for the Authority.
SCOPE OF SERVICES
2nd TRUST DEED PROGRAM & OTHER LOAN PROGRAMS
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 as any additional projects that may
come online throughout the term of the contract with the Authority). Coordinate with realtors
and escrow/title when processing purchases. (Estimated time required - 7 hours per month)
24
Subordination Review/Approval/Processing: Review current loan applications and verify
whether or not refinance is allowable under the terms of the particular program; coordinate
with lender and escrow in processing subordination agreements and preparing said
agreements for signature. (Estimated time required - 5 hours per month)
Payoff Processing: Verify whether or not repayment of the loan is allowed and, if allowed,
work with the lender, escrow, and property owner to determine the payoff amount, prepare
the necessary payoff documents, and ensure that the Authority receives payment.
(Estimated time required - 5 hours per month)
Phone Call/Inquiries: This consists of phone calls from realtors, property owners, lenders,
and the general public on the terms and conditions of various properties within the
Authority's housing program. It involves reviewing restrictions, determining potential resale
prices, refinancing, and payoff limitations. (Estimated time required - 30 hours per month)
COMPLIANCE MONITORING (conducted once a year)
2nd Trust Deed Home Purchase Loan Program - Annually mail recertification letters to all
property owners to verify that they still reside on the property, research with the County in
case of returned letters or discrepancy of mailing addresses to verify the owner occupancy.
(Estimated time required - 25 hours annually performed by May of each calendar year)
Watercolor Senior Home Purchase Loan Program - Annually mail out recertification letters to
all property owners to verify that they still reside on the property and research with the
County in case of returned letters or discrepancies in mailing addresses to verify the owner
occupancy. (Estimated time required - 25 hours annually performed by September of each
calendar year)
MULTIFAMILY/RENTAL PROPERTIES
Multifamily Rental Properties: Verify the continued compliance of the Agency's multifamily
rental properties. Verify that the income levels of tenants and rental amounts are met to
verify that each project is still compliant. (Estimated time required - 10 hours annually
performed in the second quarter of each calendar year.)
Authority -Owned Single -Family Rental Properties - Verify the continued compliance of the
Authority -owned single-family rental properties. Verify the income levels of current tenants
and rental amounts to verify that each property is still within compliance. Certify new tenants
to ensure income qualification and applicable current maximum rents. (Estimated time
required - 3 hours monthly performed throughout the year.)
25
OTHER SERVICES
Recording Reconveyances (term expiration): Prepare any necessary release documents as
the term of assistance expires. Coordinate with the City to record the required documents
to release the property and property owner from affordability restrictions. (Estimated time
required - z hours monthly performed as terms required.)
Housing Authority Annual Report: Verification of Housing Compliance Database for annual
reporting requirements. (Estimated time required - 5 annually upon request for Authority
staff. ).
Again, I am prepared to alter my scope of services to accommodate any changes in services
the Authority deems appropriate.
FEE PROPOSAL
Below is my fee proposal based upon compensation on a time and materials basis. My hourly
rate for this engagement is $150 per hour. The estimate below is provided for two years
with an option of extending to a third year, assuming all services in the Scope of Services
remain unchanged. These services are anticipated to be provided for an estimated NOT TO
EXCEED ANNUAL FEE of $103,350.
Estimated Budget:
LA QUINTA HOUSING AUTHORITY
Housing Program Administration Annual Budget
Hours
$ Amount
2nd Trust Deed Program
Application Processing - Resales of Covenanted Properties
84
$
12,600
Subordination Review/Approval/Processing
60
$
9,000
Payoff Processing
60
$
9,000
Phone Calls/Inquiries
360
$
54,000
Ownership Recertification Compliance Monitoring
50
$
7,500
Multifamily / Rental Properties
Annual Compliance Certification Monitoring 10 $ 1,500
Tenant Recertification / Move -In Certification for Authority -owned Properties 36 $ 5,400
Other Services
Recording Reconveyances 24 $ 3,600
Houing Authority Annual Report 5 $ 750
26
Invoices
Invoices will be submitted at the end of each month. Expense charges will be kept to a
minimum and billed at cost only. I will not charge for my notary services, phone charges, or
mileage within Southern California. I will charge for postage, outside services, and copying
charges for more than 5 copies.
Insurance
I currently have insurance that covers these services and will upgrade my insurance, if
needed, to meet the Authority's requirements throughout the term of my contract.
Thank you for this opportunity to provide the Authority with this cost proposal for these
services. I am hopeful that the working relationship that is currently in place can continue.
Don't hesitate to get in touch with me with any questions or if you require any
additions/subtractions to the Scope of Services. You can reach me at (760) 900-9668 or
cahabecky(cbgmail.com.
Sincerely,
ewj
Housing Program Consultant
27
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 Three Hundred and Twenty -Five Thousand
and Fifty Dollars ($325,050) for the life of the Agreement, encompassing the Initial and
any Extended Terms ("Contract Sum"). 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.
Fiscal Year
Services
Compensation
2024-25
Housing Monitoring and Compliance
$103,350
2025-26
Housing Monitoring and Compliance
$103,350
2026-27
Housing Monitoring and Compliance
$103,350
2024-27
Contingency at approximately 5%
$ 15,000
Grand Total:
$325,050
Exhibit B
Page 1 of 1
28
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 C
Page 1 of 1
29
None
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
30
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
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
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
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
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 City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City 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 City prior to commencement of the services hereunder.
Exhibit E
Page 1 of 6
31
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising out
of the use of any automobile by Contracting Party, its officers, any person directly or
indirectly employed by Contracting Party, any subcontractor or agent, or anyone for
whose acts any of them may be liable, arising directly or indirectly out of or related to
Contracting Party's performance under this Agreement. If Contracting Party or
Contracting Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
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 $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 procure and maintain Cyber Liability insurance with
limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination or use of the
confidential information.
b. Network security liability arising from the unauthorized use of, access to,
or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services
intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep -
linking or framing, and infringement or violation of intellectual property
rights.
Exhibit E
Page 2 of 6
32
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City 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 City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City 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, City 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 any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
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.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City 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 City, 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
Exhibit E
Page 3 of 6
33
right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by 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 City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. 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 City's protection without City'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 City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City 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 City.
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 City 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
Exhibit E
Page 4 of 6
34
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 performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City 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 City will negotiate additional
compensation proportional to the increased benefit to City.
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.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City,
or its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
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 City 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 City,
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
Exhibit E
Page 5 of 6
35
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 right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim
or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve City.
Exhibit E
Page 6 of 6
36
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
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 City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury
to or death of an employee of 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 City), 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 City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
37
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 City 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 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 City
to monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth in this Agreement are binding on the successors, assigns or
heirs of Contracting Party and shall survive the termination of this Agreement.
Exhibit F
Page 2 of 2
38
BUSINESS SESSION ITEM NO. 1
City of La Quinta
HOUSING AUTHORITY SPECIAL MEETING June 18, 2024
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2024/25 LA
QUINTA HOUSING AUTHORITY BUDGET
RECOMMENDATION
Adopt a Resolution of the La Quinta Housing Authority approving the fiscal year 2024/25
Housing Authority Budget.
EXECUTIVE SUMMARY
• Annually, the budget for the La Quinta Housing Authority is prepared and submitted
for the Housing Authority's review and approval.
• The Housing Commission reviewed and approved the Housing Authority's Budget.
• The Housing Fund (241) includes operating revenue of $1,452,000 and total
expenditures of $1,715,440. The shortfall ($263,440) will be covered by fund
balance (estimated at $11.2 million).
• The RDA Low -Mod Fund (243) recognizes loan repayments in unassigned reserves.
The loan repayment for 2024/25 will be $701,163. Expenditures for this fund total
$250,000.
• Low/Moderate Bond Funds (249) are for the acquisition of real property and the
evaluation of future affordable housing projects.
FISCAL IMPHV i
Project expenditures for all Housing Funds are $2,215,440 with revenues of $2,231,163
(inclusive of the loan repayment). Twenty percent ($701,163) of the annual loan
repayments from the Successor Agency are designated for housing (eighty percent goes to
the General Fund).
BACKGROUND/ANALYSIS
The Housing Authority reviewed and commented on the proposed budget on June 4, 2024.
Staff provided an overview of the proposed budget to the Housing Commission on June 12,
2024. There were no further recommendations for adjustments from these study sessions.
Line item details for revenues and expenses are located in Attachment 1.
39
ALTERNATIVES
The Authority may further adjust the various appropriations.
Prepared by: Claudia Martinez, Housing Authority Finance Director
Approved by: Jon McMillen, Housing Authority Executive Director
Attachment: 1. Fiscal Year 2024/25 Housing Authority Budget
40
RESOLUTION NO. HA 2024 — XXX
A RESOLUTION OF THE HOUSING AUTHORITY OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING FISCAL
YEAR 2024/25 BUDGET
WHEREAS, each year the La Quinta Housing Authority adopts a Budget for
Revenues and Expenditures for the upcoming Fiscal Year; and
WHEREAS, the Housing Authority desires to make provisions for a level of services
commensurate with the needs of the City; and
WHEREAS, the Housing Authority has reviewed said budget and has had several
public meetings to receive public input; and
WHEREAS, the Housing Authority has, after due deliberation and consideration,
made such amendments to the proposed budget as it considers desirable.
NOW, THEREFORE, BE IT RESOLVED by the La Quinta Housing Authority to
adopt, as follows:
SECTION 1. The Fiscal Year 2024/25 Budget, which is on file with the La Quinta
Housing Authority Secretary, is hereby approved.
SECTION 2. Budget adjustment procedures are approved as follows:
A. Additional appropriations and the transfer of cash or unappropriated fund balance
from one fund to another shall be made only upon Housing Authority approval.
B. Transfers of budgeted appropriations between divisions or capital projects shall be
made only upon Housing Authority approval.
C. Transfers of budgeted appropriations between accounts within a division or capital
project may be made with the approval of the Executive Director or his designee.
D. Prior year budget continuing Appropriations and Encumbrances for unexpended
capital project appropriations remaining from uncompleted prior year capital projects
shall be made with Executive Director approval. These carry-over appropriations are
for prior year Housing Authority approved capital projects and shall not exceed the
approved project budget.
SECTION 3. The Executive Director shall render a monthly report on the status of
City operations as it relates to the approved budget and any amendments thereto.
41
Resolution No. HA 2024 - XXX
Budget Approval FY 2024/25
Adopted: June 18, 2024
Page 2 of 2
PASSED, APPROVED, and ADOPTED at a special meeting of the La Quinta Housing
Authority held on this 18th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MONIKA RADEVA, Authority Secretary
La Quinta Housing Authority, California
(AUTHORITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, Authority Attorney
La Quinta Housing Authority, California
KATHLEEN FITZPATRICK, Chairperson
La Quinta Housing Authority, California
42
ATTACHMENT 1
CITY OF
LA QU I NTA
Housing Authority
Adopted Budget
Quil&(V�C�,
CITY OF LA QUINTA
FY 2024/25 ADOPTED BUDGET
HOUSING AUTHORITY 2024/25 BUDGET SUMMARY
243 - RDA Low -Mod Housing
30,000
60,000
60,000
30,000
249 - SA 2011 Low/Mod Bond
1,423,009
18,000
18,000
(1,405,009)
Total Revenues
3,224,509
1,530,000
1,530,000
(1,694,509)
RDA Loan Reoavment
687.415
701,163
701.163
13,748
- Housing Autho 2,326,340 1,715,440 -
243 - RDA Low -Mod Housing 300,000 250,000 250,000 (50,000)
W - SA 2011 Low/Mod Bond 250,000 �000 (3,574,192)
Budget Surplus/(Deficit) (2,538,608) 15,723 15,723
AVAILABLE FUND ENDING FUND
FUND BALANCE ESTIMATE❑ ESTIMATED BALANCE
# FUND NAME July 1, 2024 REVENUES EXPENDITURES June 30, 2025
GRAND TOTAL 15,500,000 1 2,231,1631 2,215,4401 15,515,723
General Fund and RDA Low -Mod Housing Fund estimates are for unappropriated reserves and included annual Successor Agency
loan repayments as approved with the last and final recognized obligation payment schedule_ The repayment for FY 2024125 is
$701,163_
1 44
CITY OF LA QUINTA
HOUSING AUTHORITY REVENUE DETAIL
FY 2024/25 ADOPTED BUDGET
2022/23
2023/24
2024/25
2024/25
Actuals
Current
Proposed
Adopted
241 - HOUSING AUTHORITY
241-9101-41900
Allocated Interest
248,848
150,000
200,000
200,000
241-9101-41910
GASB 31 Interest
(54,726)
0
0
0
241-9101-41915
Non -Allocated Interest
0
500
1,000
1,000
241-9101-42301
Miscellaneous Revenue
1
0
0
0
241-9101-42706
Loan Repayments
190,528
0
0
0
241-9101-43504
2nd Trust Deed Repayments
50,253
150,000
100,000
100,000
241-9101-45000
Sale of Other Assets
0
120,000
0
0
241-9103-43501
Miscellaneous Revenue/LQRP
0
200,000
0
0
241-9103-43502
Rent Revenue/LQRP
372,345
350,000
350,000
350,000
241-9104-42112
Rent Revenue/Tenant/Dune Palms
786,712
800,000
800,000
800,000
241-9104-42302
Miscellaneous Revenue/Dune Palrr
0
1,000
1,000
1,000
Tota 1:
1,593,961
1,771,500
1,452,000
1,452,000
243 - RDA LOW -MOD HOUSING FUND
243-0000-41900 Allocated Interest
69,979
30,000
60,000
60,000
243-0000-41910 GASB 31 Interest
(28,370)
0
0
0
243-0000-48500 Extraordinary Gain
95,298
0
0
0
Total:
136,908
30,000
60,000
60,000
249 - SA 2011 LOW/MOD BOND FUND (Refinances
249-0000-41900 Allocated Interest
16,611
6,000
3,000
3,000
249-0000-41910 GASB 31 Interest
(5,220)
0
0
0
249-0000-41915 Non -Allocated Interest
47,267
30,000
15,000
15,000
249-0000-42301 Miscellaneous Revenue
1,106
0
0
0
249-0000-49500 Transfers In
0
1,387,009
0
0
Tota 1:
59,764
1,423,009
18,000
18,000
HOUSING AUTHORITY REVENUE
1,790,633
3,224,509
1,530,000
1,530,000
The Housing Authority budget invests in programs and projects that preserve and increase the supply of affordable
housing in the City.
241 Housing Authority Fund: Second Trust Deed Payments and Home Sale Proceeds vary from year-to-year.
Additional repayment of silent second trust deeds are recognized upon receipt.
241-9101-45000, Sale of Other Assets revenues in FY 2023/2024 reflects the purchase and agreement between
the City of La Quinta and the La Quinta Housing Authority for vacant parcels to be used for future low/moderate
affordable housing.
243 RDA Low -Mod Housing Fund: The 2024/25 former Redevelopment Agency loan repayment of $701,163 will
be recognized in reserves within this Fund.
249 Successor Agency (SA) 2011 Low/Mod Bond Fund was used for the acquisition of the vacant property located
west of the Home Depot Center on Highway 111, on the northeast corner of Highway 111 and Dune Palms Road
proposed to be developed as an affordable housing development with a connecting thoroughfare to CV Link in FY
2023/24. Remaining bond funds continue to earn interest and are available for future housing projects.
45
CITY OF LA QUINTA
HOUSING AUTHORITY EXPENSE DETAIL
FY 2024/25 ADOPTED BUDGET
2022/23
2023/24
2024/25
2024/25
Actuals
Current
Proposed
Adopted
241 - HOUSING AUTHORITY
9101 - Housing
Authority - Admin
50 - Salaries and
Benefits
241-9101-50101
Permanent Full Time
282,118
312,700
322,000
322,000
241-9101-50110
Commissions & Boards
700
1,800
1,800
1,800
241-9101-50150
Other Compensation
96
200
200
200
241-9101-50200
PERS-City Portion
22,352
29,600
31,200
31,200
241-9101-50215
Other Fringe Benefits
6,730
3,640
3,640
3,640
241-9101-50221
Medical Insurance
49,290
67,000
70,000
70,000
241-9101-50222
Vision Insurance
402
0
0
0
241-9101-50223
Dental Insurance
2,612
0
0
0
241-9101-50224
Life Insurance
182
0
0
0
241-9101-50225
Long Term Disability
1,634
2,000
2,000
2,000
241-9101-50230
Workers Comp Insurance
5,900
13,400
13,400
13,400
241-9101-50240
Social Security -Medicare
4,130
4,600
4,800
4,800
241-9101-50241
Social Security -FICA
87
0
0
0
50 - Salaries and Benefits Totals:
376,234 434,940 449,040 449,040
60 - Contract Services
241-9101-60103
Professional Services
68,352
75,000
75,000
75,000
241-9101-60106
Auditors
3,780
5,000
5,000
5,000
241-9101-60153
Attorney
15,568
20,000
25,000
25,000
241-9101-60157
Rental Expenes
0
200,000
0
0
60 - Contract Services Totals:
87,700
300,000
105,000
105,000
62 - Maintenance & Operations
241-9101-60320 Travel & Training
293
1,000
1,000
1,000
241-9101-60420 Operating Supplies
119
2,000
2,000
2,000
62 - Maintenance & Operations Totals:
412
3,000
3,000
3,000
69 - Internal Service Charges
241-9101-91843 Property & Crime Insurance
8,100
9,300
9,300
9,300
241-9101-91844 Earthquake Insurance
16,100
18,200
18,200
18,200
241-9101-98110 Information Tech Charges
64,400
80,900
80,900
80,900
69 - Internal Service Charges Totals:
88,600
108,400
108,400
108,400
9101 - Housing Authority - Admin Totals:
552,947
846,340
665,440
665,440
9103 - Housing Authority - LQRP
62 - Maintenance & Operations
241-9103-60157 Rental Expenses
760,748
350,000
350,000
350,000
62 - Maintenance & Operations Totals:
760,748
350,000
350,000
350,000
9103 - Housing Authority - LQRP Totals:
760,748
350,000
350,000
350,000
9104 - Dune Palms Mobile Estates
60 - Contract Services
241-9104-60103 Professional Services
118,328
100,000
100,000
100,000
241-9104-60157 Rental Expense
383,008
430,000
400,000
400,000
60 - Contract Services Totals:
501,337
530,000
500,000
500,000
68 - Capital Expenses
241-9104-72110 Building/Site Improvements
90,409
600,000
200,000
200,000
68 - Capital Expenses Totals:
90,409
600,000
200,000
200,000
9104 - Dune Palms Mobile Estates Totals: 591,746 1,130,000 700,000 700,000
241 - HOUSING AUTHORITY Totals: 1,905,441 2,326,340 1,715,440 1,715,440
241 Housing Authority Fund: These funds are used to account for the housing activities of the Housing Authority which are
to promote and provide quality affordable housing.
46
CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE NOTES
Fund: 241 - HOUSING AUTHORITY
Permanent Full Time 322,000.00
FY 2024/25 ADOPTED BUDGET
20% - City Manager (80% City Manager)
10% - Finance Director (90% Finance)
10% - City Clerk (90% City Clerk)
40% - Director- Business Unit & Housing Development (60% City Manager)
60% - Senior Management Analyst (40% Information Technology Fund)
60% - Management Specialist (40% City Manager)
80% - Administrative Technician (20% City Manager)
Housing Authority Member Stipends (5)
241-9101-60103 Professional Services 75,000.00
Housing compliance services
241-9101-60320 Travel & Training 1,000.00
For housing related training and staff development
241-9103-60157 Rental Expenses 350,000.00
Expenses associated with 28 homes owned by the Authority
which are located in the La Quinta Cove
241-9104-60103 Professional Services 100,000.00
For residential property management services at Dune Palms
Mobile Estates
241-9104-60157 Rental Expense 400,000.00
Expenses associated with 102 units owned by the Authority
which are located in North La Quinta
4 47
CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAIL
FY 2024/25 ADOPTED BUDGET
2022/23
2023/24
2024/25
2024/25
Actuals
Current
Proposed
Adopted
243 - RDA LOW -MOD HOUSING FUND
0000 - Undesignated
64 - Other Expenses
243-0000-60532 Homelessness Assistance
255,000
300,000
250,000
250,000
64 - Other Expenses Totals:
255,000
300,000
250,000
250,000
0000 - Undesignated Totals: 255,000 300,000 250,000 250,000
243 - RDA LOW -MOD HOUSING FUND Totals: 255,000 300,000 250,000 250,000
243 RDA Low -Mod Housing Fund: The 2024/25 former Redevelopment Agency loan repayment of $701,163 will be
recognized in reserves within this Fund. These funds are used to account for the housing activities of the Housing
Authority which are to promote and provide quality affordable housing.
48
CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAIL
FY 2024/25 ADOPTED BUDGET
2022/23
2023/24
2024/25
2024/25
Actuals
Current
Proposed
Adopted
249 - SA 2011 LOW/MOD BOND FUND (Refinanced in
0000 - Undesignated
68 - Capital Expenses
249-0000-74010 Land Acquisition
50,000
3,574,192
0
0
249-0000-80050 Affordable Housing Project Developme
15,245
250,000
250,000
250,000
68 - Capital Expenses Totals:
65,245
3,824,192
250,000
250,000
0000 - Undesignated Totals: 65,245 3,824,192 250,000 250,000
249- SA LOW/MOD BOND FUND (Refinanced in 2016) Totals: 65,245 3,824,192 250,000 250,000
249 Successor Agency Bond Fund: These funds are restricted per individual bond covenants and were used for the
acquisition of the vacant property located west of the Home Depot Center on Highway 111, on the northeast corner of
Highway 111 and Dune Palms Road. This property is proposed to be developed as an affordable housing development
with a connecting thoroughfare to CV Link. Remaining funds are available for future housing projects. For FY 2024/25,
budget will be used for investment in design and development of projects.
49
POWER POINTS
HOUSING
AUTHORITY
SPECIAL MEETING
JUNE 18) 2024
Housing Authority
Special Meeting
June 18, 2024
1
- -- --- T"_ fIlk-
-`_
Housing Authority Special Meeting
June 18, 2024
B1 - Adopt Fiscal Year 2024/25 Budget
W®
CAL
Budge ary
Varianc
C r t%
s.
,q
Housing Fund Revenues Curren S.
Current Adopted
Adopted
1 - Housing Authority 1,401,500 1,452,000 50,500
3 - RDA Low -Mod Housing 30,000 60,000 30,000
9 - SA 2011 Low/Mod Bond 1 423 009 18 000 1 405 009 • • • - • • Housing
Total Revenues 2.RS4.509 1.530.000 (1.324.5091 Commission
Total Operating Revenues 3,541,924
Fund Expenditures 2023/24 2024/25
Current Adopted
Total
2
NNU n ZL Ongoing operations are
Variance structurally balanced
Current vs.
05
• Focus on improvements and
design of affordable housing
• Continuous monitoring as
economic situation fluctuates
Fund Balance Summary
CITY OF LAQUINTA ESTIMATED ENDING FUND BALANCES
FISCAL YEAR ENDING JUNE 30, 2024
ESTIMATED ESTIMATED
AVAILABLE • ENDING FUND
BALANCE ESTIMATED ESTIMATED BALANCE
ILI 1711117MULF-FT, July 1, 2024 REVENUES , EXPENDITURES June 30, 2025
� HOUSINGALmwrry 00 1,452,000 1,715,440 11,236,560
243* RDA LOW -MOD HOUSING FUND 1_ 3,500,000 761,163 250,000 4,011,163
249 rnenn Rnnm �_ 500,000 18,000 250,000 268,000
* General Fund and RDA Low -Mod Housing Fund estimates are for unappropriated reserves and included annual Successor
Agency loan repayments as approved with the last and final recognized obligation payment schedule. The repayment for FY
2024/25 is $701,163.
k r- .
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CALIFORNIA _
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