CVAG/TUMF Program 13AGREEMENT BETWEEN
THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND
THE CITY OF LA QUINTA FOR
ESTABLISHMENT OF TUMF PROGRAM
This Agreement is made and entered into on FUBROARy 5 , 2013 between the
Coachella Valley Association of Governments ("CVAG") and the City of La Quinta ("City").
Each of the parties to this agreement is a governmental entity empowered to enter into an
Agreement of this type. This Agreement is made in reference to the following facts and
circumstances.
RECITALS
On or about June 26, 1989, the City, in conjunction with other jurisdictions in the
Coachella Valley, entered into an Implementation Agreement, authorizing CVAG to
manage and administer the Regional Transportation Program for the Coachella Valley;
On or about February 2, 2010, the City, in conjunction with those same jurisdictions in
the Coachella Valley, extended the Implementation Agreement authorizing CVAG to continue
to manage and administer the Regional Transportation Program for the Coachella Valley
through calendar year 2038;
Pursuant to the terms of the Implementation Agreement and as a condition to the
receipt of its share of the local portion of Measure "A" funds, each city was required to
adopt and maintain a Transportation Uniform Mitigation Fee ("TUMF") to be administered by
CVAG under the terms of the Implementation Agreement;
The City had never adopted nor maintained a TUMF program, thereby forfeiting its
share of the local portion of Measure "A";
The City now desires to establish the TUMF program within its jurisdiction so as
to become eligible to receive its share of the local portion of Measure "A" funds;
Now, therefore, in consideration of the following, the parties hereto do establish as
follows:
1
1.0 ESTABLISHMENT OF TUMF
1.1 City shall adopt the Model TUMF Ordinance, to be effective on or about April 22, 2013,
or as soon thereafter as notice requirements may permit, and thereafter collect all
TUMF provided therefor consistent with the Ordinance, Implementation Agreement
and all applicable CVAG policies.
1.2 City and CVAG agree that the estimated TUMF, plus shortfalls, discrepancies and
interest due to CVAG as calculated through June 30, 2012 is $5,528,997 (collectively
the estimated "TUMF Shortfall"). City and CVAG agree the "TUMF Shortfall" will be
recalculated as of the date the TUMF is in full effect at the City of La Quinta and
payment of the recalculated "TUMF Shortfall" amount will be a condition of allowing
City to become established in the TUMF Program.
1.3 Interest on the TUMF Shortfall shall accrue at the rate for the Local Agency
Investment Fund ("LAIF"), as determined on July 15t of each year. Said interest shall
accrue on the balance of the unpaid TUMF Shortfall until the entire amount due,
including interest, is fully paid.
1.4 City agrees that CVAG shall apply fifty percent (50%) of City's share of local Measure
"A" funds toward the TUMF Shortfall, including interest accruing thereon, until such
time as all such sums have been paid in full. At the City's option, the City may choose
at some point to pay the outstanding TUMF Shortfall in a lump sum and thereby avoid
the requirement to pay interest on the outstanding amount.
1.5 Until such time as the TUMF Shortfall, including interest thereon, is repaid by
the City to the TUMF program, CVAG shall retain 50% of the City's share of the
local portion of Measure "A" funds, apply the retained monies toward the sums owing
hereunder, and forward to the City only the remaining 50% of the City's share
of local Measure "A" funds.
1.6 City agrees to collect and transmit to CVAG all TUMF assessed in accordance with the
terms of the Implementation Agreement, the adopted Model TUMF ordinance, and
applicable CVAG policy.
1.7 City agrees to allow an annual audit of its TUMF program as required in the case
of all cities participating in the TUMF program. Upon successful and continued
compliance with the terms of this Agreement, City shall be entitled to participate in the
7
TUMF program in accordance with the terms of the adopted TUMF Ordinance, the
Implementation Agreement and all applicable CVAG policies.
1.8 CVAG shall provide City with a monthly accounting of local Measure "A" funds
applied to the amount due CVAG from the City pursuant to the terms of this Agreement.
2.0 PERIOD OF AGREEMENT
2.1. This Agreement shall continue in effect until such time as the City has repaid the
entire TUMF Shortfall, together with interest accruing thereon, as set forth above.
3.0 CONFLICTING PROVISIONS-
3.1 In the event that provisions of any exhibit conflict in any way with the provisions set
forth in this Agreement, the language, terms and conditions contained in this
Agreement shall control the actions and obligations of the parties and the
interpretation of the parties' understanding concerning the performance of the
services.
4.0. AMENDMENT
4.1. In the event that the parties determine that the provisions of this Agreement
should be altered, the parties shall execute a contract amendment to add any
provision to this Agreement, or delete or amend any provision of this Agreement.
All such amendments must be in the form of a written instrument signed by the
original signatories to this Agreement, or their successors or designees.
5.0. ATTORNEYS' FEES
5.1. If either party commences an action
against the other party arising out
of or in
connection with
this Agreement, the
prevailing party in such litigation
shall be
entitled to have
and recover from the
losing party reasonable attorneys'
fees and
costs of suit.
3
6.0 COMPLIANCE WITH LAWS, RULES AND REGULATIONS
6.1 All of the obligations performed pursuant to this Agreement shall be performed in
accordance with and in full compliance of all applicable federal, state and local
statutes, rules and regulations.
7.0 NOTIFICATION
7.1 All notices hereunder and communications with respect to this Agreement shall be
effective upon the mailing thereof by registered or certified mail, return receipt
requested, and postage prepaid to the persons named below:
If to CVAG: Tom Kirk, Executive Director
Coachella Valley Association of Governments
73-710 Fred Waring Dr., Ste. 200
Palm Desert, CA 92260
If to La Quinta: Frank J. Spevacek, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
8.0 GOVERNING LAW
8.1 This Agreement shall be binding on and shall be for the benefit of the parties
hereto and their respective heirs, executors, administrators, successors, and
assigns, and shall be governed by the laws of the State of California.
9.0 ENTIRE AGREEMENT
9.1 This Agreement contains the entire understanding between the parties relating to the
subject hereof. All prior or contemporaneous agreements, understandings,
4
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement
based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective officers thereunto duly authorized on the day
and year first mentioned above.
COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS
By:
Jose a Coninck
CVAG Chairman
Approved as to form:
By: ;
oni Eggebraaten
CVAG General Counsel
CITY OF LA QUINTA
Iffil
��..!
Don Adblph
Mayor