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HomeMy WebLinkAbout2024-11-13 HC Regular Meeting Agenda Packet HOUSING COMMISSION PALM DESERT HOUSING AUTHORITY REGULAR MEETING AGENDA Wednesday, November 13, 2024 3:30 p.m. Administrative Conference Room, City Hall 73-510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 2449, this meeting will be conducted as a hybrid meeting and there will be in-person access to this location. To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/82626679090 or call (213) 338-8477, Zoom Meeting ID: 826 2667 9090 • Written public comment may also be submitted to cityclerk@palmdesert.gov. E-mails received by 12:30 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. • Pages 1.CALL TO ORDER 2.ROLL CALL 3.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the Housing Commission on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the Housing Commission to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 4.CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the Housing Commission for a separate discussion. RECOMMENDATION: To approve the consent calendar as presented. 4.a APPROVAL OF MINUTES 5 RECOMMENDATION: Approve the Minutes of October 09, 2024. 4.b HOME IMPROVEMENT PROGRAM ACTIVITY REPORT FOR SEPTEMBER 2024 9 RECOMMENDATION: Receive and file the Home Improvement Activity Report for September 2024. 5.CONSENT ITEMS HELD OVER 6.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. 6.a RECOMMEND AWARD OF CONSTRUCTION SERVICES CONTRACT WITH MOHAWK COMMERCIAL INC., FOR FLOOR COVERINGS AT PALM DESERT HOUSING AUTHORITY PROPERTIES FOR FY 2024/2025 13 RECOMMENDATION: Recommend the Palm Desert Housing Authority Board: Authorize the use of Mohawk Commercial, Inc., an Omnia Partners (“Omnia”) national government cooperative contract holder for systemwide flooring solutions, contract number 2020002149, at the Palm Desert Housing Authority (“Authority”) pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code. 1. Award a Short-Form Construction Contract with Mohawk Commercial, Inc. for procurement and installation of floor coverings and related supplies and services at the Authority’s properties for a term of one (1) year with an option to renew the agreement for no more than four additional one-year terms in an annual amount not to exceed $175,000. 2. Authorize the Executive Director, or his designee, to execute the agreement and to take any necessary actions to facilitate execution of contract with Mohawk Commercial, Inc., and any documents necessary to effectuate the actions herewith. 3. 7.INFORMATIONAL REPORTS & COMMENTS 7.a SUMMARY OF CITY COUNCIL AND HOUSING AUTHORITY ACTIONS Housing Commission Meeting 2 7.b FALKENBERG/GILLIAM & ASSOCIATES (FGA) MONTHLY REPORTS FOR AUGUST AND SEPTEMBER 49 7.c HOUSING COMMISSIONERS 7.d CITY COUNCIL LIAISON 7.e CITY STAFF 7.f ATTENDANCE REPORT 89 8.ADJOURNMENT The next Regular Meeting will be held on December 11, 2024 at 3:30 p.m. 9.PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Housing Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. /S/ Damian Olivares Recording Secretary Housing Commission Meeting 3 4 1 HOUSING COMMISSION PALM DESERT HOUSING AUTHORITY REGULAR MEETING MINUTES October 9, 2024, 3:30 p.m. Present: Commissioner Jann Buller, Commissioner Olivia Docken*, Member Andy Firestine, Commissioner Dominic Moore**, Commissioner Melody Morrison, Vice Chair Franchon-Marie Siddiq, Chair Kathleen Bauer *Commissioner Docken arrived at 3:32 p.m. **Commissioner Moore arrived at 3:33 p.m. Staff Present: Housing Manager Jessica Gonzales, Management Analyst Celina Cabrera, Senior Contracts and Grants Analyst Joe Barron, Recording Secretary Damian Olivares, Recording Secretary Michelle Nance Liaison(s) Present: City Council Liaison, Kathleen Kelly 1. CALL TO ORDER A Regular Meeting of the Housing Commission was called to order by Chair Bauer on October 9, 2024, at 3:30 p.m. in the Administrative Conference Room, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL 3. NON­AGENDA PUBLIC COMMENTS None. 4. CONSENT CALENDAR To approve the consent calendar as presented. Motion by: Commissioner Firestine Seconded by: Commissioner Docken To approve the consent calendar as presented. Motion Carried (7 to 0) 4.a APPROVAL OF MINUTES Approve the Minutes of September 11, 2024. 5. CONSENT ITEMS HELD OVER 5 2 5.a HOME IMPROVEMENT PROGRAM ACTIVITY REPORT FOR AUGUST 2024 Housing Manager, Jessica Gonzales, answered member inquiries. Motion by: Commissioner Firestine Seconded by: Commissioner Docken Receive and file the Home Improvement Program Activity Report for August 2024. Motion Carried (7 to 0) 6. ACTION CALENDAR None. 7. INFORMATIONAL REPORTS & COMMENTS 7.a FALKENBERG/GILLIAM & ASSOCIATES (FGA) MONTHLY REPORTS FOR JUNE AND JULY 2024 Cyndi Karp of FGA provided reports for June and July 2024 and answered member inquiries; no formal action taken on this item. 7.b HOUSING COMMISSIONERS Commissioner Buller and Chair Bauer commended Falkenberg/Gilliam & Associates and staff for simplifying the monthly reports. 7.c CITY COUNCIL LIAISON None. 7.d CITY STAFF None. 7.e ATTENDANCE REPORT Report provided; no action taken on this item. 8. ADJOURNMENT The Housing Commission adjourned at 3:58 p.m. Respectfully submitted, _________________________ Damian Olivares 6 3 Recording Secretary _________________________ Jessica Gonzales, Housing Manager Secretary _________________________ DATE APPROVED BY HOUSING COMMISSION 7 8 Page 1 of 1 HOUSING COMMISSION PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: November 13, 2024 PREPARED BY: Daniel Mora, Senior Administrative Assistant SUBJECT: HOME IMPROVEMENT PROGRAM ACTIVITY REPORT FOR SEPTEMBER 2024 RECOMMENDATION: Receive and file the Home Improvement Activity Report for September 2024. FINANCIAL IMPACT: There is no financial impact. ATTACHMENTS: 1. Home Improvement Activity Report for September 2024. 9 10 Home Improvement Program Activity Report Month of: September 2024 Inquiries (call, email, walkin) 3 Applications Provided 1 Applications Received 1 Eligible 1 Ineligible (does not meet program criteria) 0 Referral to Energy Savings Assistance Program 0 Referral to Brush with Kindness 2 11 12 Page 1 of 2 HOUSING COMMISSION PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: November 13, 2024 PREPARED BY: Celina Cabrera, Management Analyst SUBJECT: RECOMMEND AWARD OF CONSTRUCTION SERVICES CONTRACT WITH MOHAWK COMMERCIAL INC., FOR FLOOR COVERINGS AT PALM DESERT HOUSING AUTHORITY PROPERTIES FOR FY 2024/2025 RECOMMENDATION: Recommend the Palm Desert Housing Authority Board: 1. Authorize the use of Mohawk Commercial, Inc., an Omnia Partners (“Omnia”) national government cooperative contract holder for systemwide flooring solutions, contract number 2020002149, at the Palm Desert Housing Authority (“Authority”) pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code. 2. Award a Short-Form Construction Contract with Mohawk Commercial, Inc. for procurement and installation of floor coverings and related supplies and services at the Authority’s properties for a term of one (1) year with an option to renew the agreemen t for no more than four additional one-year terms in an annual amount not to exceed $175,000. 3. Authorize the Executive Director, or his designee, to execute the agreement and to take any necessary actions to facilitate execution of contract with Mohawk Commercial, Inc., and any documents necessary to effectuate the actions herewith. BACKGROUND/ANALYSIS: On average, PDHA replaces damaged, deteriorated, or inefficient flooring in approximately 20% of its total units annually. The types of flooring products replaced include vinyl, carpet, carpet tile, tile, underlayment, padding, adhesives, and more. Mohawk Commercial, Inc., is a national government cooperative contract holder with Omnia, to procure floor coverings and related supplies at the government cooperative rate. According to Palm Desert Municipal Code Section 3.30.160(E), an exception to the procurement process is allowed when a competitive bid has already been conducted by another public agency. The Authority currently has once vendor that offers the same services that Mohawk Commercial, Inc. will also provide. By having this additional vendor, the Authority will have additional options to quickly address flooring needs at the properties. FINANCIAL IMPACT: Funds have been included in Housing Authority FY 2024/25 proposed budget in the appropriate Authority accounts for each of the properties. There is no financial impact to the General Fund from this action. 13 Housing Commission Palm Desert Housing Authority Mohawk Commercial, Inc. for PDHA Flooring FY 2024/2025 Page 2 of 2 ATTACHMENTS: 1. Omnia Partners Participation Letter- Mohawk Commercial, Inc. 2. Draft Agreement 14 5001 Aspen Grove, Franklin, TN 37067 October 3rd, 2024 To Whom It May Concern: Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA Partners on September 26th, 2012. The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732. Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin- Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation. Palm Desert Housing Authority has requested access to utilize Mohawk Carpet Distribution, L.P. contract number 2020002149 Systemwide Flooring. Palm Desert Housing Authority has been granted access to utilize Mohawk Carpet Distribution, L.P. Contract 2020002149, pending their board approval. Your dedicated Member Development Manager is Caitlin Nee. Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com. Thank you for your participation with OMNIA Partners. Sincerely, Bishop Theroff Manager, Member Services 15 16 Contract No. ___________ 1 PALM DESERT HOUSING AUTHORITY SHORT FORM CONSTRUCTION CONTRACT 1. Parties and Date. This Agreement is made and entered into this 14th day of November, 2024, by and between the Palm Desert Housing Authority, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“Authority”) and Mohawk Commercial, Inc., a Delaware Corporation, with its principal place of business at 160 S. Industrial Blvd ("Vendor"). The Authority and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Authority. Authority is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Authority on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Procurement and Installation of Floor Coverings and Related Supplies, Equipment and Services related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Authority. 2.3 Project. The Authority is a public agency of the State of California and is in need of services for the following project: Procurement and Installation of Floor Coverings and Related Supplies, Equipment and Services Project (hereinafter referred to as “the Project”). 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds as required by the Contract. 3. Terms. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications, and documents therein, and attachments and addenda thereto: • Services/Schedule (Exhibit “A”) • Plans and Specifications (Exhibit “B”) • Special Conditions (Exhibit “C”) • Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”) 3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, 17 Contract No. ___________ 2 scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor. 3.1.2 Term. The term of this Agreement shall be from October 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The Authority shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than four additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Service. 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Authority all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the Authority (“Change Order”). 3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed or otherwise agreed to by both parties in writing. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the Authority for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost. (A) Changes Ordered By Authority. Authority may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined 18 Contract No. ___________ 3 within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code section 3400(b), the Authority may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal”. Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Authority may have adopted certain uniform standards for certain materials, processes, and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process, or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The Authority has the complete and sole discretion to determine if a material, process, or article is an “or equal” material, process or article that may be substituted. Data require d to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process, or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Authority in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the Authority’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process, or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within an agreed upon time period for the Work 19 Contract No. ___________ 4 and subject to standard manufacturing lead times, beginning the effective date of the work order approval (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Authority and agreed to by Contractor. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Authority will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Authority as fixed and liquidated damages the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule, or Project milestones established pursuant to the Contract. 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by competent workmen in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a Authority Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Authority, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Authority to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Authority, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.5 Control and Payment of Subordinates; Contractual Relationship. Authority retains Contractor on an independent contractor basis and Contractor is not an employee of Authority. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 3.6 Authority’s Basic Obligation. Authority agrees to engage and does hereby engage Contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Authority shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract. 20 Contract No. ___________ 5 3.7 Compensation and Payment. 3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Authority agrees to pay Contractor the Total Contract Price One Hundred Seventy Five Thousand and 00/100 Dollars ($175,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written Change Orders approved and signed in advance by the Authority. 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Authority will arrange for payment of the Total Contract Price upon completion and approval by Authority of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Authority will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Authority an itemized application for payment in the format supplied by the Authority indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the Authority may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the Authority and in such detail and form as the Authority shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. Contractor shall submit its final invoice to Authority within thirty (30) days from the last date of the Work or termination in accordance with this Contract and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. 3.7.3 Prompt Payment. Authority shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers, or others. 3.7.4 Contract Retentions. NOT APPLICABLE 3.7.5 Other Retentions. In addition to Contract retentions, the Authority may deduct from each progress payment an amount necessary to protect Authority from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Authority in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the Contract Time; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Authority during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Authority, incurred by the Authority for which Contractor is liable under the Contract; and (11) any other sums which the Authority is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Authority to deduct any of these sums from a progress payment shall not constitute a waiver of the Authority’s right to such sums. 21 Contract No. ___________ 6 3.7.6 Substitutions for Contract Retentions. NOT APPLICABLE 3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Authority at the time of payment. To the extent that title has not previously been vested in the Authority by reason of payments, full title shall pass to the Authority at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free, and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Authority, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.7.9 Labor and Material Releases. Contractor shall furnish Authority with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Authority. 3.8 Labor 3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws. Authority shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify, and hold the Authority and their respective officers, agents, employees, volunteers, and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is 22 Contract No. ___________ 7 determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1- 1/2) times the basic rate for that worker. 3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Authority, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a week ly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 23 Contract No. ___________ 8 3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Authority. Contractor shall defend, indemnify, and hold the Authority and their respective officers, agents, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.9 Performance of Work; Jobsite Obligations. 3.9.1 Water Quality Management and Compliance. 3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 3.9.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area, or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing, and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. 3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage Authority, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 24 Contract No. ___________ 9 3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom. 3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify, and hold harmless the Authority and their respective directors, officers, agents, employees, volunteers, and representatives for any alleged violations. In addition, Authority may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or rela ted to Contractor’s failure to comply with the Permit. 3.9.1.6 Reservation of Right to Defend. Authority reserves the right to defend any enforcement action brought against the Authority for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Authority for the costs (including the Authority’s attorney’s fees) associated with, any settlement reached between the Authority and the relevant enforcement entity. 3.9.1.7 Training. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by Authority, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract. Upon request, Authority will provide the Contractor with a list of training programs that meet the requirements of this paragraph. 3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give 25 Contract No. ___________ 10 all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule, or regulation, it shall promptly notify the Authority in wr iting. Any necessary changes shall be made by written Change Order. If Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the Authority, Contractor shall be solely responsible for all costs arising therefrom. Authority is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. 3.9.4 Permits and Licenses. Contractor shall be responsible for securing Authority permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any Authority permits, Contractor shall pay the Authority’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Authority’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, t he plan shall be prepared by a registered civil or structural engineer. 3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Authority of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Authority; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Authority shall promptly investigate the conditions to determine whether a Change Order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Authority shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of Authority to provide for rem oval or relocation of such utility facilities. 3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board 26 Contract No. ___________ 11 (CARB). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify Authority against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract. 3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the Contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters. 3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the Authority immediately and prior to performing any work or altering the condition. 3.9.12 Removal of Waste and Debris. Contractor shall remove at its own expense all rubbish and waste materials resulting from its operations, including any material that may fall in swimming pools, lagoons, or other water features. If on private property, Contractor must obtain permission from the property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by Authority or Authority’s agent. 3.9.13 Notifications to Authority and Residents. The Contractor shall acknowledge that the Authority provides forty-eight (48) hours’ notice in advance of the start of any Work that is to occur at any residential unit. Contractor shall provide sufficient notice to the Authority before beginning any such Work so that the Authority may provide timely notice to residents. 3.9.14 Paths of Travel. Pedestrian paths of travel must be maintained free of obstructions and hazardous conditions, except where the condition is necessary for completion of the Work. To the extent any portion of the Work requires obstructing pedestrian paths of travel, the Work shall be performed so as to minimize the extent of the obstruction. Where Contractor’s operations may create hazardous conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. The Authority shall be given at least 48-hours’ notice prior to the creation of any condition affecting pedestrian paths of travel. 3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Authority in writing and shall fu rnish all labor and material releases required by this Contract. Authority shall thereupon inspect the Work. If the Work is not acceptable to the Authority, the Authority shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request 27 Contract No. ___________ 12 a re-inspection by the Authority. Once the Work is acceptable to Authority, Authority shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Authority may be authorized or directed by law to retain. 3.11 Claims; Government Code Claim Compliance. 3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the Authority and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the Authority within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law. 3.11.1.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes. 3.11.1.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for: (A) An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the Authority; (B) Payment by the Authority of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or (C) An amount the payment of which is disputed by the Authority. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. 3.11.1.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the Authority and shall include on its first page the following words in 16 -point capital font: “THIS IS A CLAIM.” The Claim shall include all the information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. 28 Contract No. ___________ 13 3.11.1.4 Supporting Documentation. The Contractor shall submit all claims in the following format: (A) Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made (B) List of documents relating to claim: (1) Specifications (2) Drawings (3) Clarifications (Requests for Information) (4) Schedules (5) Other (C) Chronology of events and correspondence (D) Narrative analysis of claim merit (E) Analysis of Claim cost, including calculations and supporting documents (F) Time impact analysis in CPM format 3.11.1.5 Authority’s Response. Upon receipt of a Claim pursuant to this Section, the Authority shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the Authority issues its written statement. (A) If the Authority needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the Authority’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the Authority shall have up to three (3) days following the next duly publicly noticed meeting of the Authority’s governing body after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (B) Within 30 days of receipt of a Claim, the Authority may request in writing additional documentation supporting the Claim or relating to defenses or Claims the Authority may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the Authority and the Contractor. The Authority’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 3.11.1.6 Meet and Confer. If the Contractor disputes the Authority’s written response, or the Authority fails to respond within the time prescribed, the Contractor may so notify the Authority, in writing, either within 15 days of receipt of the Authority’s response or 29 Contract No. ___________ 14 within 15 days of the Authority’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the Authority shall schedule a meet and confer conference within 30 days for settlement of the dispute. 3.11.1.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the Authority shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the Authority issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Authority and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. (A) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (B) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. (C) Unless otherwise agreed to by the Authority and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (D) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation unless a new unrelated Claim arises after mediation is completed. 3.11.1.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. 3.11.1.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: (A) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. 30 Contract No. ___________ 15 The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (B) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. 3.11.1.10 Government Code Claim Procedures. (A) This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. (B) In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the Authority. (C) Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the Authority. (D) A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. 3.11.1.11 Non-Waiver. The Authority’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this Section. 3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties 31 Contract No. ___________ 16 which may arise or be encountered in the prosecution of the Work, except for exclusions listed in Contractor’s bid proposal, until the same is fully completed and accepted by Authority. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Authority may terminate this Contract pursuant to the termination provisions provided herein; provided, however, that the Authority needs to provide Contractor with only one (1) day advanced written notice. 3.13 Indemnification. 3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Authority and their respective officers, agents, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the Authority. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Authority or the Authority’s agents, servants, or independent contractors who are directly responsible to the Authority, or for defects in design furnished by those persons. 3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Authority’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the Authority and their respective officers, agents, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Authority and their respective officers, agents, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse the Authority for the cost of any settlement paid by the Authority and their respective officers, agents, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for Authority’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the Authority and their respective officers, agents, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the Authority and their respective officers, agents, employees, volunteers and representatives. 3.14 Insurance. 3.14.1 Minimum Requirements. Without limiting Contractor’s indemnification of the Authority, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to the Authority. 32 Contract No. ___________ 17 3.14.1.1 General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 3.14.1.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 3.14.1.3 Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (A) A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (B) Pay on behalf of wording as opposed to reimbursement; (C) Concurrency of effective dates with primary policies; (D) Policies shall “follow form” to the underlying primary policies; and (E) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 3.14.1.4 Workers’ Compensation Insurance. Contractor may maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority and their respective officers, agents, employees, volunteers, and representatives. 3.14.1.5 Pollution Liability Insurance [Reserved] 3.14.1.6 Builder’s Risk Insurance. [RESERVED] 3.14.2 Other Provisions or Requirements 33 Contract No. ___________ 18 3.14.2.1 Proof of Insurance. Contractor shall provide certificates of insurance to Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Authority’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Authority at all times during the term of this contract. 3.14.2.2 Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The Authority and their respective officers, agents, employees, volunteers, and representatives shall continue as additional insureds under such policies. 3.14.2.3 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Authority before the Authority’s own insurance or self insurance shall be called upon to protect it as a named insured. 3.14.2.4 Products/Completed Operations Coverage. Products/ completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Authority and their respective officers, agents, employees, volunteers, and representatives shall be included as additional insureds under the Products and Completed Operations coverage. 3.14.2.5 Authority’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, Authority has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by Authority will be promptly reimbursed by Contractor, or Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Authority may cancel this Contract. 3.14.2.6 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Authority’s Risk Manager. 3.14.2.7 Waiver of Subrogation. All insurance coverage maintained or 34 Contract No. ___________ 19 procured pursuant to this agreement shall be endorsed to waive subrogation against the Authority and their respective officers, agents, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the Authority and their respective officers, agents, employees, volunteers, and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.14.2.8 Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. 3.14.2.9 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a g iven issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 3.14.2.10 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 3.14.2.11 Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the Authority and their respective officers, agents, employees, volunteers, and representatives shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 3.14.2.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Authority and approved of in writing. 3.14.2.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 3.14.2.14 Pass Through Clause. Contractor agrees to ensure that its sub- consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to Authority for review. 35 Contract No. ___________ 20 3.14.2.15 Authority’s Right to Revise Requirements. The Authority or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Authority and Contractor may renegotiate Contractor’s compensation. If the Authority reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 3.14.2.16 Self-Insured Retentions. Any self-insured retentions are fully the responsibility of Contractor. 3.14.2.17 Timely Notice of Claims. Contractor shall give Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 3.14.2.18 Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 3.15 Bond Requirements. 3.15.1 Payment Bond. If required by law or otherwise specifically requested by Authority in Exhibit “C” and Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Authority concurrently with this Contract a Payment Bond in an amount required by the Authority and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Authority. 3.15.2 Performance Bond. If specifically requested by Authority in Exhibit “C” and Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Authority concurrently with this Contract a Performance Bond in an amount required by the Authority and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Authority. 3.15.3 Bond Provisions. Should, in the Authority’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from the Authority. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Authority, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Authority. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Authority, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Authority. If Contractor fails to furnish any required bond, the Authority may terminate the Contract for cause. 3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer 36 Contract No. ___________ 21 will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Authority. 3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship in accordance with Contractor’s applicable written products and services warranties, which are hereby incorporated by reference. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or i n any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Authority of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Authority in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Authority may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Authority. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, or to provide the same, comparable or higher quality products to resolve defective Work, to the reasonable satisfaction of the Authority, the Authority shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Authority for any expenses incurred hereunder upon demand. 3.17 Employee/Labor Certifications. 3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, 37 Contract No. ___________ 22 but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 3.18 General Provisions. 3.18.1 Authority’s Representative. The Authority hereby designates the Jessica Gonzales, Housing Manager, or his or her designee, to act as its representative for the performance of this Contract (“Authority’s Representative”). Authority’s Representative shall have the power to act on behalf of the Authority for all purposes under this Contract except for increasing the Total Contract Price. Contractor shall not accept direction or orders from any person other than the Authority’s Representative or his or her designee. 3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications, and experience of its proposed representative who shall be subject to the review and approval of the Authority (“′Contractor’s Representative”). Following approval by the Authority, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Authority, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Authority, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Authority’s written approval. 3.18.3 Termination. This Contract may be terminated by the Authority at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by the Authority for any reason other than the fault of Contractor, the Authority shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, the Authority may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset the Authority’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, the Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. If this Contract is terminated as provided, the Authority may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials, or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.18.4 Contract Interpretation. Should any question arise regarding the 38 Contract No. ___________ 23 meaning or import of any of the provisions of this Contract or written or oral instructions from the Authority, the matter shall be referred to the Authority’s Representative, whose decision shall be binding upon Contractor. 3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Authority all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 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 pursuant to the Contract. This assignment shall be made and become effective at the time the Authority tender final payment to Contractor, without further acknowledgment by the Parties. 3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor: Mohawk Commercial, Inc. 160 S Industrial Blvd Calhoun, GA 30701 Attn: Brandi Purkey Authority: Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Jessica Gonzales, Housing Manager Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18.7 Time of Essence. Time is of the essence in the performance of this Contract. 3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of the Authority. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Authority may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.18.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 39 Contract No. ___________ 24 3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Authority shall have the right to terminate this Contract without liability. 3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Authority shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of the Authority, during the term of his or her service with the Authority, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.18.15 Certification of License. 3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. 3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Contract may only be modified by a writing signed by both Parties. 3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party unless such waiver is specifically specified in writing. 40 Contract No. ___________ 25 3.18.19 Authority’s Right to Employ Other Contractors. The Authority reserves right to employ other contractors in connection with this Project or other projects. 3.18.20 Federal Provisions. Reserved. [Signatures on Next Page] 41 Contract No. ___________ 26 SIGNATURE PAGE TO SHORT FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE PALM DESERT HOUSING AUTHORITY AND MOHAWK COMMERCIAL, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. PALM DESERT HOUSING AUTHORITY By: L. Todd Hileman Executive Director Attest: By: Anthony J. Mejia Secretary Approved as to form: By: Isra Shah Best Best & Krieger LLP Special Council CONTRACTOR By: Its: President______________________ Printed Name: Mike Gallman_____________ By: Its: VP Finance ____________________ Printed Name: Alex Munhoz_____________ _____________________ Contractor’s License Number and Classification ______________________ DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: Initial Review _____ Final Approval ____ Bonds: _____ 42 Contract No. ___________ EXHIBIT “A” SERVICES / SCHEDULE This agreement includes and hereby incorporates in full by reference the Scope of Services as provided in the OMNIA Partners Purchasing Alliance Agreement for Flooring Products and Installation Services Contract No. 2020002149, with Mohawk Commercial, Inc., (“the Piggyback Contract”), and the respective Request for Proposal issued June 24, 2019, and any amendments thereof. 43 Contract No. ______________ EXHIBIT “B” PLANS AND SPECIFICATIONS This agreement includes and hereby incorporates in full by reference the Scope of Services as provided in the OMNIA Partners Purchasing Alliance Agreement for Flooring Products and Installation Services Contract No. 2020002149, with Mohawk Commercial, Inc., (“the Piggyback Contract”), and the respective Request for Proposal issued June 24, 2019, and any amendments thereof. 44 Contract No. ______________ EXHIBIT “C” SPECIAL CONDITIONS ARTICLE 1. BONDS Concurrently with this Contract, the Contractor shall deliver to the Authority four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Authority and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Authority. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 45 EXHIBIT “D” CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. Contractor By: _________________________ Signature _________________________ Name (Print) _________________________ Title (Print) 46 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 Exhibit “E” PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Contractor: _________________________________ DIR Registration Number: _____________________________ DIR Registration Expiration: ____________________________ Small Project Exemption: _____ Yes or _____ No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: 1. Contractor shall maintain a current DIR registration for the duration of the project. 2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Contractor: ______________________________________ Signature: __________________________________________________ Name and Title: _________________________________________ Dated: ______________________________________________________ 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 47 48 Page 1 of 3 HOUSING COMMISSION PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: November 13, 2024 PREPARED BY: Cyndi Karp - FGA Regional Supervisor SUBJECT: AUGUST 2024 – MONTHLY LEASE REPORT RECOMMENDATION: 1. Receive and File BACKGROUND/ANALYSIS: Palm Desert Housing Authority Properties Monthly Report include detailed financial and occupancy metrics. August 2024 is discussed here: 1. Monthly Occupancy Status: Summary of monthly occupancy. Includes new wait list applicants and recertification of current residents. Monthly Occupancy Status - August 2024 Multi-Family Senior Total Units 733 381 Occupied Units 709 373 Unoccupied Units 24 9 Pending Leases 23 4 Wait List Contacted 230 123 New Applications Qualified 216 39 Not Qualified 5 4 Recertification Packets 98 22 49 Housing Commission Palm Desert Housing Authority August 2024 Monthly Lease Report Page 2 of 3 2. Monthly Occupancy and Average Rent Summary: Average rent by Income Category. Monthly Occupancy and Average Rent Summary- August 2024 MULTI-FAMILY PROPERTIES Area Median Income Category August 2024 Number of Units August 2024 Average Monthly Rent August 2023 Number of Units August 2023 Average Monthly Rent Extremely Low 0-30% 179 $312 171 $319 Very Low 31-50% 213 $606 194 $595 Low 51-80% 217 $1,056 213 $990 Moderate 81-120% 100 $1,509 131 $1,310 Overall Average Rent 709 $871 709 $803 Monthly Occupancy and Average Rent Summary- August 2024 SENIOR PROPERTIES Area Median Income Category August 2024 Number of Units August 2024 Average Monthly Rent August 2023 Number of Units August 2023 Average Monthly Rent Extremely Low 0-30% 136 $311 128 $322 Very Low 31-50% 165 $570 158 $559 Low 51-80% 59 $947 66 $934 Moderate 81-120% 13 $1,446 14 $1,319 Overall Average Rent 373 $818 366 $784 3. Monthly Occupancy and Average Rent Statement: A breakdown of the Average Rent Summary report, and overall occupancy calculation. Overall Occupancy Multi-Family Properties 97% Senior Properties 98% 50 Housing Commission Palm Desert Housing Authority August 2024 Monthly Lease Report Page 3 of 3 4. Monthly Net Operating Income (NOI): Financial performance of the properties. Net Operating Summary for August 2024 Multi-Family Senior Total Revenue $572,592 $212,136 Total Expenses $496,484 $177,326 Net Operating Income $76,108 $34,810 FYTD Net Operating Income* *Excludes Replacement and Capital Expenses and Corresponding Reimbursement, where applicable, since these are paid from reserve funds Multi-Family Senior Current FYTD 2025 NOI $329,719 $75,257 PYFY NOI through 6/30/2024 $1,942,199 $467,542 ATTACHMENTS: 1. Monthly Occupancy Status Report 2. Average Rent Summary 3. Average Rent Summary 4. Monthly Net Operating Statement 51 52 MONTHLY OCCUPANCY STATUS REPORT AUGUST 2024 REPORT REPORTING MONTH: August-24 REPORT DATE: 9/20/24 "MULTI-FAMILY PROPERTIES"Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 California Villas a. Total Units in Complex 141 141 141 141 141 141 141 141 141 141 141 141 b. Unoccupied Units 1 3 4 6 2 1 3 5 2 0 3 7 c. Occupied Units 140 138 137 135 139 140 137 136 139 141 138 134 d. Pending Leases 3 6 5 3 2 1 2 5 1 0 2 7 e. Ending Occupied & Pre-leased 143 144 142 138 141 141 139 141 140 141 140 141 f. Down Units 1 1 1 1 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 100 120 130 130 10 20 40 30 15 30 25 40 h. Re-Cert Pkts Sent Out During Month 13 13 13 12 6 13 13 14 16 4 13 16 i. Number of Traffic Qualified 25 30 10 15 12 25 30 20 25 30 20 30 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Desert Pointe a. Total Units in Complex 64 64 64 64 64 64 64 64 64 64 64 64 b. Unoccupied Units 3 3 3 3 2 2 2 4 2 2 3 5 c. Occupied Units 61 61 61 61 62 62 62 60 62 62 61 59 d. Pending Leases 1 1 0 1 0 1 1 2 1 1 2 4 e. Ending Occupied & Pre-leased 62 62 61 62 62 63 63 62 63 63 63 63 f. Down Units 1 1 1 1 1 1 1 1 1 1 1 1 g. Number of Wait List Contactees 46 42 62 65 79 51 53 58 79 56 65 0 h. Re-Cert Pkts Sent Out During Month 2 7 4 3 4 5 5 2 5 4 3 53 i. Number of Traffic Qualified 9 8 6 11 22 24 17 22 31 28 20 18 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Laguna Palms a. Total Units in Complex 48 48 48 48 48 48 48 48 48 48 48 48 b. Unoccupied Units 3 5 5 5 2 2 3 2 3 3 3 2 c. Occupied Units 45 43 43 43 46 46 46 46 45 45 45 46 d. Pending Leases 1 3 4 5 1 2 1 1 3 1 2 2 e. Ending Occupied & Pre-leased 46 46 47 48 47 48 47 47 48 46 47 48 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 35 40 45 20 30 25 30 35 40 30 35 30 h. Re-Cert Pkts Sent Out During Month 5 5 2 5 4 4 1 3 4 2 1 1 i. Number of Traffic Qualified 30 25 30 25 35 40 30 30 35 30 40 30 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Neighbors a. Total Units in Complex 24 24 24 24 24 24 24 24 24 24 24 24 b. Unoccupied Units 0 0 0 0 1 2 0 0 2 2 1 0 c. Occupied Units 24 24 24 24 23 22 24 24 22 22 23 24 d. Pending Leases 0 0 0 0 0 2 0 0 0 1 1 0 e. Ending Occupied & Pre-leased 24 24 24 24 23 24 24 24 22 23 24 24 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 54 26 0 0 56 49 0 0 h. Re-Cert Pkts Sent Out During Month 1 0 3 1 1 2 1 3 1 1 2 1 i. Number of Traffic Qualified 6 7 8 5 11 8 11 16 23 111 23 15 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 One Quail Place a. Total Units in Complex 384 384 384 384 384 384 384 384 384 384 384 384 b. Unoccupied Units 17 17 17 16 16 17 16 9 13 13 14 10 c. Occupied Units 367 367 367 368 368 367 368 375 371 371 370 374 d. Pending Leases 12 9 9 11 9 6 9 2 3 8 9 10 e. Ending Occupied & Pre-leased 379 376 376 379 377 373 377 377 374 379 379 384 f. Down Units 7 8 9 9 8 0 0 8 7 0 0 0 g. Number of Wait List Contactees 157 119 125 69 81 180 210 198 82 85 195 135 h. Re-Cert Pkts Sent Out During Month 23 32 21 26 30 34 23 28 24 36 23 20 i. Number of Traffic Qualified 47 50 78 63 44 92 57 91 87 75 69 82 j. Number of Traffic Non-Qualified 8 15 2 1 5 2 4 9 3 5 14 5 8/01/24 Page 1 of 2 MOS Multi-Family 8.24 53 MONTHLY OCCUPANCY STATUS REPORT AUGUST 2024 REPORT "MULTI-FAMILY PROPERTIES"Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Palm Village a. Total Units in Complex 36 36 36 36 36 36 36 36 36 36 36 36 b. Unoccupied Units 1 0 1 1 1 0 0 1 1 1 1 0 c. Occupied Units 35 36 35 35 35 36 36 35 35 35 35 36 d. Pending Leases 1 0 0 0 1 0 0 0 0 1 1 0 e. Ending Occupied & Pre-leased 36 36 35 35 36 36 36 35 35 36 36 36 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 25 10 0 0 20 25 10 25 30 35 25 15 h. Re-Cert Pkts Sent Out During Month 4 2 3 2 2 2 2 1 4 2 2 3 i. Number of Traffic Qualified 20 15 10 15 10 15 15 15 20 25 20 15 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Santa Rosa a. Total Units in Complex 20 20 20 20 20 20 20 20 20 20 20 20 b. Unoccupied Units 1 2 2 2 2 2 2 1 0 0 1 0 c. Occupied Units 19 18 18 18 18 18 18 19 20 20 19 20 d. Pending Leases 1 1 1 1 1 2 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 20 19 19 19 19 20 18 19 20 20 19 20 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 25 30 20 20 20 25 20 25 25 20 10 10 h. Re-Cert Pkts Sent Out During Month 0 2 1 1 0 2 0 3 0 0 3 3 i. Number of Traffic Qualified 20 25 20 20 10 10 10 15 20 15 20 15 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Taos Palms a. Total Units in Complex 16 16 16 16 16 16 16 16 16 16 16 16 b. Unoccupied Units 1 1 2 2 1 2 2 2 2 2 0 0 c. Occupied Units 15 15 14 14 15 14 14 14 14 14 16 16 d. Pending Leases 0 0 1 1 0 0 1 0 0 1 0 0 e. Ending Occupied & Pre-leased 15 15 15 15 15 14 15 14 14 15 16 16 f. Down Units 0 1 1 1 1 0 0 0 1 0 0 0 g. Number of Wait List Contactees 0 39 0 0 0 0 0 0 39 0 0 0 h. Re-Cert Pkts Sent Out During Month 1 0 1 1 3 1 0 2 0 0 2 1 i. Number of Traffic Qualified 4 9 4 5 6 8 8 11 17 9 0 11 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 SUMMARY MULTI-FAMILY PROPERTIES Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 a. Total Units in Complex 733 733 733 733 733 733 733 733 733 733 733 733 b. Unoccupied Units 27 31 34 35 27 28 28 24 25 23 26 24 c. Occupied Units 706 702 699 698 706 705 705 709 708 710 707 709 d. Pending Leases 19 20 20 22 14 14 14 10 8 13 17 23 e. Ending Occupied & Pre-leased 725 722 719 720 720 719 719 719 716 723 724 732 f. Down Units 9 11 12 12 10 1 1 9 9 1 1 1 g. Number of Wait List Contactees 388 400 382 304 294 352 363 371 366 305 355 230 h. Re-Cert Pkts Sent Out During Month 49 61 48 51 50 63 45 56 54 49 49 98 i. Number of Traffic Qualified 161 169 166 159 150 222 178 220 258 323 212 216 j. Number of Traffic Non-Qualified 8 15 2 1 5 2 4 9 3 5 14 5 8/01/24 Page 2 of 2 MOS Multi-Family 8.24 54 MONTHLY OCCUPANCY STATUS REPORT AUGUST 2024 REPORT REPORTING MONTH: August-24 REPORT DATE: 9/20/24 "SENIOR PROPERTIES"Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Candlewood a. Total Units in Complex 30 30 30 30 30 30 30 30 30 30 30 30 b. Unoccupied Units 2 2 2 2 3 4 4 3 3 1 0 0 c. Occupied Units 28 28 28 28 27 26 26 27 27 29 30 30 d. Pending Leases 0 0 0 0 0 0 0 1 0 1 0 0 e. Ending Occupied & Pre-leased 28 28 28 28 27 26 26 28 27 30 30 30 f. Down Units 2 2 2 2 2 0 0 1 2 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 3 6 2 2 3 0 3 2 4 3 1 1 i. Number of Traffic Qualified 0 2 0 0 0 0 0 0 0 0 0 0 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Carlos Ortega a. Total Units in Complex 73 73 73 73 73 73 73 73 73 73 73 73 b. Unoccupied Units 1 1 0 0 1 2 2 2 1 1 1 1 c. Occupied Units 72 72 73 73 72 71 71 71 72 72 72 72 d. Pending Leases 1 1 0 0 0 0 1 1 1 1 1 1 e. Ending Occupied & Pre-leased 73 73 73 73 72 71 72 72 73 73 73 73 f. Down Units 0 0 0 0 1 0 0 0 0 0 0 0 g. Number of Wait List Contactees 54 33 30 30 28 40 16 16 20 20 30 30 h. Re-Cert Pkts Sent Out During Month 3 3 3 3 9 9 7 6 11 12 11 5 i. Number of Traffic Qualified 4 5 3 3 1 2 3 2 1 2 1 2 j. Number of Traffic Non-Qualified 2 1 2 2 0 2 0 0 1 1 2 1 Catalina Gardens a. Total Units in Complex 72 72 72 72 72 72 72 72 72 72 72 72 b. Unoccupied Units 4 4 5 5 6 5 5 4 5 3 3 3 c. Occupied Units 68 68 67 67 66 67 67 68 67 69 69 69 d. Pending Leases 2 2 3 3 2 0 1 0 5 2 0 1 e. Ending Occupied & Pre-leased 70 70 70 70 68 67 68 68 72 71 69 70 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 27 61 34 200 95 72 86 96 105 110 80 78 h. Re-Cert Pkts Sent Out During Month 10 5 7 7 4 3 3 6 5 7 3 2 i. Number of Traffic Qualified 3 3 1 12 2 3 3 4 5 4 3 2 j. Number of Traffic Non-Qualified 2 0 2 2 6 4 4 2 2 3 2 3 La Rocca Villas a. Total Units in Complex 27 27 27 27 27 27 27 27 27 27 27 27 b. Unoccupied Units 1 1 2 2 2 0 0 0 0 0 0 0 c. Occupied Units 26 26 25 25 25 27 27 27 27 27 27 27 d. Pending Leases 0 0 1 1 2 0 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 26 26 26 26 27 27 27 27 27 27 27 27 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 68 47 62 0 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 0 3 2 1 1 1 4 3 1 3 1 1 i. Number of Traffic Qualified 18 7 8 0 4 6 7 2 1 1 0 1 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Las Serenas a. Total Units in Complex 150 150 150 150 150 150 150 150 150 150 150 150 b. Unoccupied Units 7 5 5 6 4 4 0 1 0 2 2 4 c. Occupied Units 143 145 145 144 146 146 150 150 150 148 148 146 d. Pending Leases 6 4 2 3 2 0 0 0 0 1 1 2 e. Ending Occupied & Pre-leased 149 149 147 147 148 146 150 150 150 149 149 148 f. Down Units 2 0 2 2 2 0 0 0 0 0 0 0 g. Number of Wait List Contactees 108 89 93 84 98 68 35 0 0 60 24 15 h. Re-Cert Pkts Sent Out During Month 10 10 11 7 11 5 5 8 13 18 15 11 i. Number of Traffic Qualified 34 42 36 5 36 46 51 49 25 4 34 34 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 8/01/2024 Page 1 of 2 MOS Senior 8.24 55 MONTHLY OCCUPANCY STATUS REPORT AUGUST 2024 REPORT "SENIOR PROPERTIES"Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Pueblos a. Total Units in Complex 15 15 15 15 15 15 15 15 15 15 15 15 b. Unoccupied Units 0 0 0 0 0 1 1 0 0 0 0 0 c. Occupied Units 15 15 15 15 15 14 14 15 15 15 15 15 d. Pending Leases 0 0 0 0 0 0 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 15 15 15 15 15 14 14 15 15 15 15 15 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 1 3 3 0 0 0 0 0 4 1 1 1 i. Number of Traffic Qualified 0 0 0 0 0 0 0 0 0 0 0 0 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Sage Crest Sr. a. Total Units in Complex 14 14 14 14 14 14 14 14 14 14 14 14 b. Unoccupied Units 0 0 0 0 0 1 1 0 1 1 1 1 c. Occupied Units 14 14 14 14 14 13 13 13 13 13 13 13 d. Pending Leases 0 0 0 0 0 0 0 0 1 1 1 0 e. Ending Occupied & Pre-leased 14 14 14 14 14 13 13 13 14 14 14 13 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 2 2 2 2 0 0 0 2 1 1 1 1 i. Number of Traffic Qualified 0 0 0 0 0 0 0 0 0 0 0 0 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 SUMMARY SENIOR PROPERTIES Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 a. Total Units in Complex 381 381 381 381 381 381 381 381 381 381 381 381 b. Unoccupied Units 15 13 14 15 16 17 13 10 10 8 7 9 c. Occupied Units 366 368 367 366 365 364 368 371 371 373 374 372 d. Pending Leases 9 7 6 7 6 0 2 2 7 6 3 4 e. Ending Occupied & Pre-leased 375 375 373 373 371 364 370 373 378 379 377 376 f. Down Units 4 2 4 4 5 0 0 1 2 0 0 0 g. Number of Wait List Contactees 189 251 204 376 221 180 137 112 125 190 134 123 h. Re-Cert Pkts Sent Out During Month 29 32 30 22 28 18 22 27 39 45 33 22 i. Number of Traffic Qualified 59 59 48 20 43 57 64 57 32 11 38 39 j. Number of Traffic Non-Qualified 4 1 4 4 6 6 4 2 3 4 4 4 8/01/2024 Page 2 of 2 MOS Senior 8.24 56 MONTHLY OCCUPANCY AND AVERAGE RENT SUMMARY AUGUST 2024 * ** AMI % Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent 20%13,650 284 15,600 325 17,550 366 19,500 406 25%17,063 355 19,500 406 21,938 457 24,375 508 30%21,550 511 24,600 513 27,700 577 31,200 650 35%23,888 498 27,300 569 30,713 640 34,125 711 40%27,300 569 31,200 650 35,100 731 39,000 813 45%30,713 640 35,100 731 39,488 823 43,875 914 50%35,900 748 41,000 854 46,100 960 51,250 1,068 55%37,538 782 42,900 894 48,263 1,005 53,625 1,117 60%40,950 853 46,800 975 52,650 1,097 58,500 1,219 65%44,363 1,109 50,700 1,268 57,038 1,426 63,375 1,584 70%47,775 1,194 54,600 1,365 61,425 1,536 68,250 1,706 75%51,188 1,280 58,500 1,463 65,813 1,645 73,125 1,828 80%57,400 1,435 65,600 1,640 73,800 1,845 82,000 2,050 85%58,013 1,450 66,300 1,658 74,588 1,865 82,875 2,072 90%61,425 1,536 70,200 1,755 78,975 1,974 87,750 2,194 95%64,838 1,621 74,100 1,853 83,363 2,084 92,625 2,316 100%68,250 1,706 78,000 1,950 87,750 2,194 97,500 2,438 105%71,663 1,792 81,900 2,048 92,138 2,303 102,375 2,559 110%75,075 1,877 85,800 2,145 96,525 2,413 107,250 2,681 115%78,488 1,962 89,700 2,243 100,913 2,523 112,125 2,803 120%81,900 2,048 93,600 2,340 105,300 2,633 117,000 2,925 * Including On-Site Management units, occupied units total 11 ** Including On-Site Management units, occupied units total 5 Total Moderate 81%-120% Low 51-80% Very Low 31-50% Extremely Low 0-30% 100 217 213 179 871 1,509 1,056 606 312 709 Senior Complexes Average Mo. RentNo. of Units 13 373 311 570 947 1,446 818 Average Mo. RentNo. of Units Multi-Family Complexes HOUSEHOLD SIZE 1 2 3 4 Extremely Low 0-30% Very Low 31-50% Low 51-80% Moderate 81%-120% Total 136 165 59 Riverside County Income Eligibility as of 7/1/2024. Monthly rent is exclusive of Utility Allowance. Page 1 Summary Rpt #1 8.24 57 58 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT AUGUST 2024 REPORT REPORTING MONTH: REPORT DATE:REPORTED BY:CYNDI KARP "MULTI-FAMILY" 141 UNITS 64 UNITS 48 UNITS 24 UNITS 384 UNITS 36 UNITS 20 UNITS 16 UNITS 733 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR 1. EXTREMELY LOW: 20% OF MEDIAN a. Studio 1 208 1 208 b. 1 BR, 1 BA 6 242 2 211 1 209 14 232 23 232 c. 2 BR, 1 BA 1 220 3 248 4 231 8 236 d. 2 BR, 2 BA 1 220 7 214 8 214 e. Totals 20%6 3 2 1 24 4 0 0 40 2. EXTREMELY LOW: 21-25% OF MEDIAN a. Studio 8 278 8 278 b. 1 BR, 1 BA 23 319 7 291 5 300 30 301 65 306 c. 2 BR, 1 BA 6 329 2 337 2 297 10 324 d. 2 BR, 2 BA 1 309 11 322 12 321 e. Totals 21-25%23 15 5 1 47 2 2 0 95 3. EXTREMELY LOW: 26-30% OF MEDIAN a. Studio 1 381 1 340 2 361 b. 1 BR, 1 BA 9 399 1 364 1 373 8 391 19 392 c. 2 BR, 1 BA 2 391 2 436 3 407 1 379 1 391 9 405 d. 2 BR, 2 BA 5 409 9 410 14 410 e. Totals 26-30%9 2 4 5 19 3 1 1 44 Total extremely low =38 20 11 7 90 9 3 1 179 Percent of total 28.36%33.90%23.91%29.17%24.06%25.00%15.00%6.25%25.25% 4. VERY LOW: 31-35% OF MEDIAN a. Studio 2 414 1 414 3 414 b. 1 BR, 1 BA 9 478 2 448 1 457 12 467 24 469 c. 2 BR, 1 BA 2 496 2 505 4 494 2 474 1 486 11 492 d. 2 BR, 2 BA 3 487 9 509 12 503 e. Totals 31-35%9 4 4 3 23 4 2 1 50 5. VERY LOW: 36-40% OF MEDIAN a. Studio 3 489 3 489 b. 1 BR, 1 BA 11 557 1 527 1 536 9 544 22 549 c. 2 BR, 1 BA 1 575 6 594 2 563 3 563 12 580 d. 2 BR, 2 BA 12 594 12 594 e. Totals 36-40%11 4 2 0 27 2 3 0 49 6. VERY LOW: 41-45% OF MEDIAN a. Studio 3 552 3 552 b. 1 BR, 1 BA 14 629 1 606 2 615 14 627 31 626 c. 2 BR, 1 BA 2 663 5 683 6 669 3 651 1 652 17 668 d. 2 BR, 2 BA 2 663 12 682 14 679 e. Totals 41-45%14 4 4 2 31 6 3 1 65 7. VERY LOW: 46-50% OF MEDIAN a. Studio 1 598 2 646 3 630 b. 1 BR, 1 BA 9 702 1 683 10 701 20 701 c. 2 BR, 1 BA 1 732 2 740 6 773 4 748 3 728 2 740 18 750 d. 2 BR, 2 BA 8 759 8 759 e. Totals 46-50%9 2 5 0 24 4 3 2 49 Total very low =43 14 15 5 105 16 11 4 213 Percent of total 32.09%23.73%32.61%20.83%28.07%44.44%55.00%25.00%30.04% 8. LOWER: 51-55% OF MEDIAN a. Studio 3 687 3 687 b. 1 BR, 1 BA 10 789 1 772 7 773 18 782 c. 2 BR, 1 BA 1 841 16 862 5 845 1 811 1 841 24 854 d. 2 BR, 2 BA 2 829 11 851 13 847 e. Totals 51-55%10 3 2 2 34 5 1 1 58 9. LOWER: 56-60% OF MEDIAN a. Studio 1 759 1 759 b. 1 BR, 1 BA 13 872 1 842 2 866 7 863 23 867 c. 2 BR, 1 BA 3 929 7 948 3 930 4 938 17 939 d. 2 BR, 2 BA 2 929 14 945 16 943 e. Totals 56-60%13 2 5 2 28 3 0 4 57 NEIGHBORS Aug-24 9/20/2024 CALIFORNIA VILLAS DESERT POINTE LAGUNA PALMS ONE QUAIL PLACE PALM VILLAGE SANTA ROSA TAOS PALMS TOTALS 8/01/2024 Page 1 of 2 Rpt #1 Multi-Family 8.24 59 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT AUGUST 2024 REPORT "MULTI-FAMILY"141 UNITS 64 UNITS 48 UNITS 24 UNITS 384 UNITS 36 UNITS 20 UNITS 16 UNITS 733 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR NEIGHBORS CALIFORNIA VILLAS DESERT POINTE LAGUNA PALMS ONE QUAIL PLACE PALM VILLAGE SANTA ROSA TAOS PALMS TOTALS 10. LOWER: 61-65% OF MEDIAN a. Studio 1 785 1 785 b. 1 BR, 1 BA 3 1,156 1 1,292 14 1,091 18 1,113 c. 2 BR, 1 BA 5 1,167 2 1,085 1 1,236 8 1,155 d. 2 BR, 2 BA 1 1,248 14 1,250 15 1,250 e. Totals 61-65%3 1 1 1 33 2 1 0 42 11. LOWER: 66-70% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 3 1,250 1 842 1 1,229 5 1,241 10 1,203 c. 2 BR, 1 BA 3 1,333 5 1,357 1 1,342 1 1,354 10 1,348 d. 2 BR, 2 BA 2 1,354 11 1,377 13 1,374 e. Totals 66-70%3 1 4 2 21 0 1 1 33 12. LOWER: 71-75% OF MEDIAN a. Studio 2 1,172 2 1,172 b. 1 BR, 1 BA 2 1,325 1 1,360 2 1,316 5 1,328 c. 2 BR, 1 BA 2 1,461 3 1,465 1 1,461 6 1,463 d. 2 BR, 2 BA 4 1,480 4 1,480 e. Totals 71-75%2 3 2 0 9 0 0 1 17 13. LOWER: 76-80% OF MEDIAN a. Studio 2 1,213 2 1,213 b. 1 BR, 1 BA 2 1,325 2 1,316 4 1,321 c. 2 BR, 1 BA 1 1,544 1 1,563 1 1,532 3 1,546 d. 2 BR, 2 BA 1 1,563 1 1,563 e. Totals 76-80%2 2 1 0 4 0 1 0 10 Total lower =33 12 15 7 129 10 4 7 217 ·Percent of total 24.63%20.34%32.61%29.17%34.49%27.78%20.00%43.75%30.61% 14. MODERATE: 81-120% OF MEDIAN a. Studio 3 1,148 3 1,148 b. 1 BR, 1 BA 19 1,333 6 1,295 1 1,304 17 1,321 43 1,322 c. 2 BR, 1 BA 1 1,751 3 1,656 4 1,714 12 1,679 1 1,751 2 1,751 4 1,636 27 1,686 d. 2 BR, 2 BA 1 1,751 5 1,677 21 1,663 27 1,669 Total moderate =20 13 5 5 50 1 2 4 100 Percent of total 14.93%22.03%10.87%20.83%13.37%2.78%10.00%25.00%14.10% 15. Total units occupied:134 59 46 24 374 36 20 16 709 16. Occupancy rate =95%92%96%100%97%100%100%100%97% NOTE: For each project, to calculate average rent for a unit type at an income level, divide the total rental income of that unit type at that income level by the number of occupied units of that unit type at that income level.Occ Rate excluding properties under const/renov 97% 8/01/2024 Page 2 of 2 Rpt #1 Multi-Family 8.24 60 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT AUGUST 2024 REPORT REPORTING MONTH: REPORT DATE:REPORTED BY:CYNDI KARP "SENIOR PROPERTIES"30 UNITS 73 UNITS 72 UNITS 27 UNITS 150 UNITS 15 UNITS 14 UNITS 381 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR 1. EXTREMELY LOW: 20% OF MEDIAN a. Studio 5 184 5 184 b. 1 BR, 1 BA 2 206 2 315 3 206 3 258 4 209 14 234 c. 2 BR, 1 BA 1 354 6 208 7 229 d. 2 BR, 2 BA 0 - e. Totals 20%2 3 8 3 10 0 0 26 2. EXTREMELY LOW: 21-25% OF MEDIAN a. Studio 15 253 15 253 b. 1 BR, 1 BA 5 272 8 394 3 289 5 347 18 281 2 288 1 291 42 311 c. 2 BR, 1 BA 2 307 5 297 7 300 d. 2 BR, 2 BA 0 - e. Totals 21-25%7 8 18 5 23 2 1 64 3. EXTREMELY LOW: 26-30% OF MEDIAN a. Studio 7 323 7 323 b. 1 BR, 1 BA 4 358 7 467 3 358 4 420 8 358 4 361 3 364 33 390 c. 2 BR, 1 BA 1 525 5 384 6 408 d. 2 BR, 2 BA 0 - e. Totals 26-30%4 8 10 4 13 4 3 46 Total extremely low =13 19 36 12 46 6 4 136 Percent of total 43.33%26.39%52.17%44.44%31.29%40.00%30.77%36.46% 4. VERY LOW: 31-35% OF MEDIAN a. Studio 4 390 4 390 b. 1 BR, 1 BA 4 434 4 551 5 435 6 506 12 444 4 445 2 448 37 464 c. 2 BR, 1 BA 2 620 9 476 11 502 d. 2 BR, 2 BA 0 - e. Totals 31-35%4 6 9 6 21 4 2 52 5. VERY LOW: 36-40% OF MEDIAN a. Studio 4 464 4 464 b. 1 BR, 1 BA 4 519 8 617 1 585 16 525 1 524 2 521 32 549 c. 2 BR, 1 BA 1 573 5 563 6 565 d. 2 BR, 2 BA 0 - e. Totals 36-40%5 8 4 1 21 1 2 42 6. VERY LOW: 41-45% OF MEDIAN a. Studio 5 528 5 528 b. 1 BR, 1 BA 1 600 5 698 5 600 2 664 11 602 2 603 1 606 27 624 c. 2 BR, 1 BA 2 797 10 654 12 678 d. 2 BR, 2 BA 0 - e. Totals 41-45%1 7 10 2 21 2 1 44 7. VERY LOW: 46-50% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 3 667 8 777 2 668 2 732 6 669 1 671 2 674 24 710 c. 2 BR, 1 BA 1 874 2 728 3 777 d. 2 BR, 2 BA 0 - e. Totals 46-50%3 9 2 2 8 1 2 27 Total very low =13 30 25 11 71 8 7 165 ·Percent of total 43.33%41.67%36.23%40.74%48.30%53.33%53.85%44.24% 8. LOWER: 51-55% OF MEDIAN a. Studio 2 655 2 655 b. 1 BR, 1 BA 2 771 6 834 1 757 1 821 5 760 1 760 16 793 c. 2 BR, 1 BA 3 829 3 829 d. 2 BR, 2 BA 0 - e. Totals 51-55%2 6 3 1 8 1 0 21 9. LOWER: 56-60% OF MEDIAN a. Studio 2 735 2 735 b. 1 BR, 1 BA 5 945 2 836 7 839 2 842 16 872 c. 2 BR, 1 BA 1 1,063 1 951 2 1,007 d. 2 BR, 2 BA 0 - e. Totals 56-60%0 6 4 0 8 0 2 20 Aug-24 9/20/2024 PUEBLOS TOTALS SAGE CREST SR.CANDLEWOOD LAS SERENASCARLOS ORTEGA LA ROCCA VILLASCATALINA 8/01/2024 Page 1 of 2 Rpt #1 Senior 8.24 61 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT AUGUST 2024 REPORT "SENIOR PROPERTIES"30 UNITS 73 UNITS 72 UNITS 27 UNITS 150 UNITS 15 UNITS 14 UNITS 381 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR PUEBLOS TOTALS SAGE CREST SR.CANDLEWOOD LAS SERENASCARLOS ORTEGA LA ROCCA VILLASCATALINA 10. LOWER: 61-65% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 5 1,116 1 1,184 4 1,062 10 1,101 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 61-65%0 5 0 1 4 0 0 10 11. LOWER: 66-70% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 2 1,323 1 1,217 3 1,288 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 66-70%0 2 0 0 1 0 0 3 12. LOWER: 71-75% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 2 1,431 2 1,431 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 71-75%0 2 0 0 0 0 0 2 13. LOWER: 76-80% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 1 1,398 1 1,292 2 1,345 c. 2 BR, 1 BA 1 1,532 1 1,532 d. 2 BR, 2 BA 0 - e. Totals 76-80%0 1 0 0 2 0 0 3 Total lower =2 22 7 2 23 1 2 59 Percent of total 6.67%30.56%10.14%7.41%15.65%6.67%15.38%15.82% 14. MODERATE: 81-120% OF MEDIAN a. Studio 1 1,281 1 1,281 b. 1 BR, 1 BA 1 1,289 2 1,376 4 1,253 7 1,293 c. 2 BR, 1 BA 1 1,751 3 1,654 4 1,678 d. 2 BR, 2 BA 1 1,751 1 1,751 Total moderate =2 1 1 2 7 0 0 13 Percent of total 6.67%1.39%1.45%7.41%4.76%0.00%0.00%3.49% 15. Total units occupied:30 72 69 27 147 15 13 373 16. Occupancy rate =100%99%96%100% 98%100%93%98% NOTE: For each project, to calculate average rent for a unit type at an income level, divide the total rental income of that unit type at that income level by the number of occupied units of that unit type at that income level.Occ Rate excluding properties under const/renov 98% 8/01/2024 Page 2 of 2 Rpt #1 Senior 8.24 62 AUGUST 2024 REPORT REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Aug-24 "MULTI-FAMILY PROPERTIES"REPORTED BY: CYNDI KARP REPORT DATE:9/20/2024 CALIFORNIA DESERT LAGUNA ONE QUAIL PALM SANTA TAOS MONTHLY INCOME LEVEL AVAILABLE VILLAS POINTE PALMS PLACE VILLAGE ROSA PALMS TOTALS OF OCCUPANT UNITS 141 64 48 24 384 36 20 16 733 REVENUE EXTREMELY LOW: 20% Occupied units 6 3 2 1 24 4 - - 40 Total rental income 1,452 630 429 220 5,491 924 9,146 Per occupied unit 242 210 215 220 229 231 229 EXTREMELY LOW: 21% --> 25% Occupied units 23 15 5 1 47 2 2 - 95 Total rental income 7,339 4,261 1,500 309 14,553 674 594 29,230 Per occupied unit 319 284 300 309 310 337 297 308 EXTREMELY LOW: 26% --> 30% Occupied units 9 2 4 5 19 3 1 1 44 Total rental income 3,592 745 1,495 2,047 7,688 1,220 379 391 17,557 Per occupied unit 399 373 374 409 405 407 379 391 399 VERY LOW: 31% --> 35% Occupied units 9 4 4 3 23 4 2 1 50 Total rental income 4,302 1,724 1,863 1,462 11,187 1,976 948 486 23,948 Per occupied unit 478 431 466 487 486 494 474 486 479 VERY LOW: 36% --> 40% Occupied units 11 4 2 - 27 2 3 - 49 Total rental income 6,125 1,994 1,111 15,590 1,126 1,689 - 27,635 Per occupied unit 557 499 556 577 563 563 564 VERY LOW: 41% --> 45% Occupied units 14 4 4 2 31 6 3 1 65 Total rental income 8,809 2,262 2,556 1,326 20,373 4,012 1,953 652 41,943 Per occupied unit 629 566 639 663 657 669 651 652 645 VERY LOW: 46% --> 50% Occupied units 9 2 5 - 24 4 3 2 49 Total rental income 6,317 1,330 3,455 17,723 2,992 2,184 1,480 35,481 Per occupied unit 702 665 691 738 748 728 740 724 VERY LOW Up to 50% Occupied units 81 34 26 12 195 25 14 5 392 Total rental income 37,936 12,946 12,409 5,364 92,605 12,924 7,747 3,009 184,940 Per occupied unit 468 381 477 447 475 517 553 602 472 LOWER: 51% --> 55% Occupied units 10 3 2 2 34 5 1 1 58 Total rental income 7,890 2,060 1,613 1,657 28,563 4,225 811 841 47,660 Per occupied unit 789 687 807 829 840 845 811 841 822 LOWER: 56% --> 60% Occupied units 13 2 5 2 28 3 4 57 Total rental income 11,336 1,601 4,519 1,858 25,909 2,789 3,750 51,762 Per occupied unit 872 801 904 929 925 930 938 908 LOWER: 61% --> 65% Occupied units 3 1 1 1 33 2 1 - 42 Total rental income 3,468 785 1,292 1,248 38,617 2,170 1,236 48,816 Per occupied unit 1,156 785 1,292 1,248 1,170 1,085 1,236 1,162 LOWER: 66% --> 70% Occupied units 3 1 4 2 21 - 1 1 33 Total rental income 3,750 842 5,228 2,708 28,140 - 1,342 1,354 43,364 Per occupied unit 1,250 842 1,307 1,354 1,340 1,342 1,354 1,314 LOWER: 71% --> 75% Occupied units 2 3 2 - 9 - - 1 17 Total rental income 2,650 3,704 2,922 12,946 1,461 23,683 Per occupied unit 1,325 1,235 1,461 1,438 1,461 1,393 LOWER: 76% --> 80% Occupied units 2 2 1 - 4 - 1 - 10 Total rental income 2,650 2,426 1,544 5,758 1,532 13,910 Per occupied unit 1,325 1,213 1,544 1,440 1,532 1,391 LOWER: 51% --> 80% Occupied units 33 12 15 7 129 10 4 7 217 Total rental income 31,744 11,418 17,118 7,471 139,933 9,184 4,921 7,406 229,195 Per occupied unit 962 952 1,141 1,067 1,085 918 1,230 1,058 1,056 MODERATE: 81% --> 120% Occupied units 20 13 5 5 50 1 2 4 100 Total rental income 27,072 17,934 8,161 8,383 77,528 1,751 3,502 6,543 150,874 Per occupied unit 1,354 1,380 1,632 1,677 1,551 1,751 1,751 1,636 1,509 Summary Income: Rent Roll Expected Income 96,752 42,298 37,688 21,218 310,066 23,859 16,170 16,958 565,009 Delinquent Income (232) (3,707) (1,198) (1,908) 9,984 (485) (1,751) (1,427) (724) Actual Rent Received 96,520 38,591 36,490 19,310 320,050 23,374 14,419 15,531 564,285 Other Income: Laundry 345 - 424 - 2,840 774 323 - 4,707 Other (Credit Report/Late Fees)560 120 275 100 2,070 75 200 200 3,600 Total Operating Income 97,425 38,711 37,189 19,410 324,961 24,223 14,942 15,731 572,592 NEIGHBORS 8/01/2024 Page 1 of 2 Rpt #2 Multi-Family 8.24 63 AUGUST 2024 REPORT REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Aug-24 "MULTI-FAMILY PROPERTIES"REPORTED BY: CYNDI KARP REPORT DATE:9/20/2024 CALIFORNIA DESERT LAGUNA ONE QUAIL PALM SANTA TAOS MONTHLY INCOME LEVEL AVAILABLE VILLAS POINTE PALMS PLACE VILLAGE ROSA PALMS TOTALS OF OCCUPANT UNITS 141 64 48 24 384 36 20 16 733 NEIGHBORS Occupied Units 134 59 46 24 374 36 20 16 709 Income per occupied unit 727 656 808 809 869 673 747 983 808 EXPENSES Operating Expenses: Payroll 17,048 9,032 9,193 3,172 75,516 5,774 2,309 3,154 125,198 Per occupied unit 127 153 200 132 202 160 115 197 177 Administrative 11,251 4,396 2,689 1,302 22,234 1,782 990 906 45,549 Per occupied unit 84 75 58 54 59 50 50 57 64 Advertising/Promotion - - - - - - - - - Per occupied unit - - - - - - - - - Contract Services 6,999 4,495 2,733 2,626 34,752 1,293 1,737 1,287 55,922 Per occupied unit 52 76 59 109 93 36 87 80 79 Utility Services 15,848 11,170 8,032 2,847 52,499 3,700 2,219 1,799 98,114 Per occupied unit 118 189 175 119 140 103 111 112 138 Maintenance 27,841 15,110 15,603 (633) 59,446 6,569 4,036 1,957 129,928 Per occupied unit 208 256 339 (26) 159 182 202 122 183 Replacement expense 8,185 2,736 6,695 8,677 15,480 - - - 41,773 Per occupied unit 61 46 146 362 41 - - - 59 Capital expense - - - - - - - - - Per occupied unit - - - - - - - - - Total Operating Expenses 87,171 46,939 44,944 17,990 259,928 19,118 11,291 9,103 496,484 Per occupied unit 651 796 977 750 695 531 565 569 700 Summary Revenue and Expenses Total Operating Income 97,425 38,711 37,189 19,410 324,961 24,223 14,942 15,731 572,592 Total Operating Expenses 87,171 46,939 44,944 17,990 259,928 19,118 11,291 9,103 496,484 Monthly Net Operating Income 10,254 (8,228) (7,755) 1,420 65,033 5,105 3,651 6,628 76,108 Per occupied unit 77 (139) (169) 59 174 142 183 414 107 FYTD Net Operating Income* 65,797 3,977 2,436 19,774 209,093 8,555 10,341 9,746 329,719 Previous Fiscal Year NOI (6/30/2024)*297,200 112,539 62,592 30,825 1,275,759 97,026 45,323 20,935 1,942,199 * For comparison purposes, Net Operating Income YTD excludes all capital expenditures and corresponding reimbursement, as those are typically paid from replacement reserve funds and/or bond funds at this time (not PDHA revenue). 8/01/2024 Page 2 of 2 Rpt #2 Multi-Family 8.24 64 AUGUST 2024 REPORT REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Aug-24 "SENIOR PROPERTIES"REPORTED BY: CYNDI KARP REPORT DATE:8/20/2024 CANDLEWOOD CARLOS CATALINA LA ROCCA LAS PUEBLOS SAGECREST MONTHLY INCOME LEVEL AVAILABLE ORTEGA GARDENS VILLAS SERENAS SR.TOTALS OF OCCUPANT UNITS 30 73 72 27 150 15 14 381 REVENUE EXTREMELY LOW: 20% Occupied units 2 3 8 3 10 - - 26 Total rental income 412 984 1,538 773 2,084 5,791 Per occupied unit 206 328 192 258 208 223 EXTREMELY LOW: 21% --> 25% Occupied units 7 8 18 5 23 2 1 64 Total rental income 1,976 3,152 4,662 1,733 6,549 576 291 18,939 Per occupied unit 282 394 259 347 285 288 291 296 EXTREMELY LOW: 26% --> 30% Occupied units 4 8 10 4 13 4 3 46 Total rental income 1,432 3,794 3,334 1,680 4,788 1,444 1,092 17,564 Per occupied unit 358 474 333 420 368 361 364 382 VERY LOW: 31% --> 35% Occupied units 4 6 9 6 21 4 2 52 Total rental income 1,737 3,444 3,734 3,036 9,617 1,780 896 24,244 Per occupied unit 434 574 415 506 458 445 448 466 VERY LOW: 36% --> 40% Occupied units 5 8 4 1 21 1 2 42 Total rental income 2,650 4,933 1,854 585 11,211 524 1,041 22,798 Per occupied unit 172 617 464 585 534 524 521 543 VERY LOW: 41% --> 45% Occupied units 1 7 10 2 21 2 1 44 Total rental income 600 5,085 5,640 1,328 13,154 1,206 606 27,619 Per occupied unit 600 726 564 664 626 603 606 628 VERY LOW: 46% --> 50% Occupied units 3 9 2 2 8 1 2 27 Total rental income 2,000 7,090 1,336 1,464 5,472 671 1,348 19,381 Per occupied unit 667 788 668 732 684 671 674 718 VERY LOW: Up to 50% Occupied units 26 49 61 23 117 14 11 301 Total rental income 10,807 28,482 22,098 10,599 52,875 6,201 5,274 136,336 Per occupied unit 416 581 362 461 452 443 479 453 LOWER: 51% --> 55% Occupied units 2 6 3 1 8 1 - 21 Total rental income 1,542 5,001 2,067 821 6,287 760 16,478 Per occupied unit 771 834 689 821 786 760 785 LOWER: 56% --> 60% Occupied units - 7 4 - 8 - 2 21 Total rental income 5,788 3,142 - 6,824 1,684 17,438 Per occupied unit 827 786 853 842 830 LOWER: 61% --> 65% Occupied units - 5 - 1 4 - - 10 Total rental income - 5,581 1,184 4,249 11,014 Per occupied unit 1,116 1,184 1,062 1,101 LOWER: 66% --> 70% Occupied units - 2 - - 1 - - 3 Total rental income 2,646 1,217 3,863 Per occupied unit 1,323 1,217 1,288 LOWER: 71% --> 75% Occupied units - 2 - - - - - 2 Total rental income 2,861 - - 2,861 Per occupied unit 1,431 1,431 LOWER: 76% --> 80% Occupied units - 1 - - 2 - - 3 Total rental income 1,398 2,824 4,222 Per occupied unit 1,398 1,412 1,407 LOWER: 51% --> 80% Occupied units 2 23 7 2 23 1 2 60 Total rental income 1,542 23,275 5,209 2,005 21,401 760 1,684 55,876 8/01/2024 Page 1 of 2 Rpt #2 Senior 8.24 65 AUGUST 2024 REPORT REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Aug-24 "SENIOR PROPERTIES"REPORTED BY: CYNDI KARP REPORT DATE:8/20/2024 CANDLEWOOD CARLOS CATALINA LA ROCCA LAS PUEBLOS SAGECREST MONTHLY INCOME LEVEL AVAILABLE ORTEGA GARDENS VILLAS SERENAS SR.TOTALS OF OCCUPANT UNITS 30 73 72 27 150 15 14 381 Per occupied unit 771 1,012 744 1,003 930 760 842 931 MODERATE: 81% --> 120% Occupied units 2 1 1 2 7 - - 13 Total rental income 3,040 1,751 1,281 2,751 9,972 18,795 Per occupied unit 1,520 1,751 1,281 1,376 1,425 1,446 Summary Income: Rent Roll Expected Income 15,389 53,508 28,588 15,355 84,248 6,961 6,958 211,007 Delinquent Income 198 (970) (1,312) (239) 3,537 - - 1,214 Actual Rent Received 15,587 51,903 27,276 15,116 87,785 6,961 6,958 211,586 Other Income: Laundry - - 66 - 362 - - 429 Other (Credit Report/Late Fees)50 30 45 (14) 10 - - 122 Total operating income 15,637 51,933 27,387 15,103 88,157 6,961 6,958 212,136 Occupied Units 30 73 69 27 147 15 13 374 Income per occupied unit 521 711 397 559 600 464 535 567 EXPENSES Operating Expenses: Payroll 5,055 17,420 11,637 6,064 14,612 2,896 2,306 59,989 Per occupied unit 168 239 169 225 99 193 177 160 Administrative 1,470 5,245 3,819 715 7,062 735 1,030 20,076 Per occupied unit 49 72 55 26 48 49 79 54 Advertising/promotion - - - - 24 - - 24 Per occupied unit - - - - 0 - - 0 Contract services 2,434 5,209 3,455 2,809 9,093 759 935 24,693 Per occupied unit 81 71 50 104 62 51 72 66 Utility services 2,351 9,314 6,924 3,774 12,541 1,792 1,024 37,720 Per occupied unit 78 128 100 140 85 119 79 101 Maintenance 2,844 1,408 5,498 3,153 9,375 4,741 2,006 29,026 Per occupied unit 95 19 80 117 64 316 154 78 Replacement expense - 721 2,946 - 2,132 - - 5,798 Per occupied unit - 10 43 - 15 - - 16 Capital expense - - - - - - - - Per occupied unit - - - - - - - - Total Operating Expenses 14,155 39,317 34,278 16,515 54,839 10,923 7,300 177,326 Per occupied unit 472 539 497 612 373 728 562 474 Summary Revenue and Expenses Total Operating Income 15,637 51,933 27,387 15,103 88,157 6,961 6,958 212,136 Total Operating Expenses 14,155 39,317 34,278 16,515 54,839 10,923 7,300 177,326 Monthly Net Operating Income 1,482 151,515 (6,891) (1,413) 33,319 (3,962) (342) 34,810 Per occupied unit 49 2,076 (100) (52) 227 (264) (26) 93 FYTD Net Operating Income* 2,003 37,814 (16,245) (5,649) 63,637 (6,150) (154) 75,257 Previous Fiscal Year NOI (6/30/2023)* (30,763) 156,040 (102,677) (47,400) 490,379 (1,760) 3,722 467,542 * For comparison purposes, Net Operating Income YTD excludes all capital expenditures and corresponding reimbursement, as those are typically paid from replacement reserve funds and/or bond funds at this time (not PDHA revenue) 8/01/2024 Page 2 of 2 Rpt #2 Senior 8.24 66 Page 1 of 3 HOUSING COMMISSION PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: November 13, 2024 PREPARED BY: Cyndi Karp – FGA Regional Supervisor SUBJECT: SEPTEMBER 2024 – MONTHLY LEASE REPORT RECOMMENDATION: 1. Receive and File. BACKGROUND/ANALYSIS: Palm Desert Housing Authority Properties Monthly Report include detailed financial and occupancy metrics. September 2024 Is discussed here: 1. Monthly Occupancy Status: Summary of monthly occupancy. Includes new wait list applicants and recertification of current residents. Monthly Occupancy Status - September 2024 Multi-Family Senior Total Units 733 381 Occupied Units 714 374 Unoccupied Units 19 7 Pending Leases 17 4 Wait List Contacted 347 123 New Applications Qualified 206 30 Not Qualified 7 3 Recertification Packets 55 36 67 Housing Commission Palm Desert Housing Authority September 2024 Monthly Lease Report Page 2 of 3 2. Monthly Occupancy and Average Rent Summary: Average rent by Income Category. Monthly Occupancy and Average Rent Summary- September 2024 MULTI-FAMILY PROPERTIES Area Median Income Category September 2024 Number of Units September 2024 Average Monthly Rent September 2023 Number of Units September 2023 Average Monthly Rent Extremely Low 0-30% 188 $314 172 $320 Very Low 31-50% 211 $617 192 $595 Low 51-80% 214 $1,060 213 $993 Moderate 81-120% 101 $1,543 129 $1,311 Overall Average Rent 714 $884 706 $805 Monthly Occupancy and Average Rent Summary- September 2024 SENIOR PROPERTIES Area Median Income Category September 2024 Number of Units September 2024 Average Monthly Rent September 2023 Number of Units September 2023 Average Monthly Rent Extremely Low 0-30% 139 $315 126 $321 Very Low 31-50% 168 $581 157 $558 Low 51-80% 54 $967 68 $925 Moderate 81-120% 13 $1,550 15 $1,307 Overall Average Rent 374 $853 366 $778 3. Monthly Occupancy and Average Rent Statement: A breakdown of the Average Rent Summary report, and overall occupancy calculation. Overall Occupancy Multi- Family Properties 98% Senior Properties 98% 68 Housing Commission Palm Desert Housing Authority September 2024 Monthly Lease Report Page 3 of 3 4. Monthly Net Operating Income (NOI): Financial performance of the properties. Net Operating Summary for September 2024 Multi-Family Senior Total Revenue $576,851 $213,786 Total Expenses $456,321 $174,999 Net Operating Income $120,530 $38,787 FYTD Net Operating Income* *Excludes Replacement and Capital Expenses and Corresponding Reimbursement, where applicable, since these are paid from reserve funds Multi-Family Senior Current FYTD 2025 NOI $493,686 $115,229 PYFY NOI through 6/30/2024 $1,942,199 $467,542 ATTACHMENTS: 1. Monthly Occupancy Status Report 2. Average Rent Summary 3. Average Rent Statement 4. Monthly Net Operating Statement 69 70 MONTHLY OCCUPANCY STATUS REPORT September 2024 REPORT REPORTING MONTH: September-24 REPORT DATE: 10/20/24 "MULTI-FAMILY PROPERTIES"Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 California Villas a. Total Units in Complex 141 141 141 141 141 141 141 141 141 141 141 141 b. Unoccupied Units 3 4 6 2 1 3 5 2 0 3 7 5 c. Occupied Units 138 137 135 139 140 137 136 139 141 138 134 136 d. Pending Leases 6 5 3 2 1 2 5 1 0 2 7 5 e. Ending Occupied & Pre-leased 144 142 138 141 141 139 141 140 141 140 141 141 f. Down Units 1 1 1 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 120 130 130 10 20 40 30 15 30 25 40 20 h. Re-Cert Pkts Sent Out During Month 13 13 12 6 13 13 14 16 4 13 16 17 i. Number of Traffic Qualified 30 10 15 12 25 30 20 25 30 20 30 10 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Desert Pointe a. Total Units in Complex 64 64 64 64 64 64 64 64 64 64 64 64 b. Unoccupied Units 3 3 3 2 2 2 4 2 2 3 5 4 c. Occupied Units 61 61 61 62 62 62 60 62 62 61 59 60 d. Pending Leases 1 0 1 0 1 1 2 1 1 2 4 3 e. Ending Occupied & Pre-leased 62 61 62 62 63 63 62 63 63 63 63 63 f. Down Units 1 1 1 1 1 1 1 1 1 1 1 1 g. Number of Wait List Contactees 42 62 65 79 51 53 58 79 56 65 0 33 h. Re-Cert Pkts Sent Out During Month 7 4 3 4 5 5 2 5 4 3 53 3 i. Number of Traffic Qualified 8 6 11 22 24 17 22 31 28 20 18 23 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Laguna Palms a. Total Units in Complex 48 48 48 48 48 48 48 48 48 48 48 48 b. Unoccupied Units 5 5 5 2 2 3 2 3 3 3 2 2 c. Occupied Units 43 43 43 46 46 46 46 45 45 45 46 46 d. Pending Leases 3 4 5 1 2 1 1 3 1 2 2 2 e. Ending Occupied & Pre-leased 46 47 48 47 48 47 47 48 46 47 48 48 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 40 45 20 30 25 30 35 40 30 35 30 35 h. Re-Cert Pkts Sent Out During Month 5 2 5 4 4 1 3 4 2 1 1 4 i. Number of Traffic Qualified 25 30 25 35 40 30 30 35 30 40 30 34 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Neighbors a. Total Units in Complex 24 24 24 24 24 24 24 24 24 24 24 24 b. Unoccupied Units 0 0 0 1 2 0 0 2 2 1 0 0 c. Occupied Units 24 24 24 23 22 24 24 22 22 23 24 24 d. Pending Leases 0 0 0 0 2 0 0 0 1 1 0 0 e. Ending Occupied & Pre-leased 24 24 24 23 24 24 24 22 23 24 24 24 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 54 26 0 0 56 49 0 0 0 h. Re-Cert Pkts Sent Out During Month 0 3 1 1 2 1 3 1 1 2 1 4 i. Number of Traffic Qualified 7 8 5 11 8 11 16 23 111 23 15 16 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 One Quail Place a. Total Units in Complex 384 384 384 384 384 384 384 384 384 384 384 384 b. Unoccupied Units 17 17 16 16 17 16 9 13 13 14 10 8 c. Occupied Units 367 367 368 368 367 368 375 371 371 370 374 376 d. Pending Leases 9 9 11 9 6 9 2 3 8 9 10 7 e. Ending Occupied & Pre-leased 376 376 379 377 373 377 377 374 379 379 384 383 f. Down Units 8 9 9 8 0 0 8 7 0 0 0 0 g. Number of Wait List Contactees 119 125 69 81 180 210 198 82 85 195 135 239 h. Re-Cert Pkts Sent Out During Month 32 21 26 30 34 23 28 24 36 23 20 24 i. Number of Traffic Qualified 50 78 63 44 92 57 91 87 75 69 82 70 j. Number of Traffic Non-Qualified 15 2 1 5 2 4 9 3 5 14 5 7 9/01/24 Page 1 of 2 MOS Multi-Family 9.24 71 MONTHLY OCCUPANCY STATUS REPORT September 2024 REPORT "MULTI-FAMILY PROPERTIES"Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Palm Village a. Total Units in Complex 36 36 36 36 36 36 36 36 36 36 36 36 b. Unoccupied Units 0 1 1 1 0 0 1 1 1 1 0 0 c. Occupied Units 36 35 35 35 36 36 35 35 35 35 36 36 d. Pending Leases 0 0 0 1 0 0 0 0 1 1 0 0 e. Ending Occupied & Pre-leased 36 35 35 36 36 36 35 35 36 36 36 36 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 10 0 0 20 25 10 25 30 35 25 15 20 h. Re-Cert Pkts Sent Out During Month 2 3 2 2 2 2 1 4 2 2 3 3 i. Number of Traffic Qualified 15 10 15 10 15 15 15 20 25 20 15 25 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Santa Rosa a. Total Units in Complex 20 20 20 20 20 20 20 20 20 20 20 20 b. Unoccupied Units 2 2 2 2 2 2 1 0 0 1 0 0 c. Occupied Units 18 18 18 18 18 18 19 20 20 19 20 20 d. Pending Leases 1 1 1 1 2 0 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 19 19 19 19 20 18 19 20 20 19 20 20 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 30 20 20 20 25 20 25 25 20 10 10 0 h. Re-Cert Pkts Sent Out During Month 2 1 1 0 2 0 3 0 0 3 3 0 i. Number of Traffic Qualified 25 20 20 10 10 10 15 20 15 20 15 20 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Taos Palms a. Total Units in Complex 16 16 16 16 16 16 16 16 16 16 16 16 b. Unoccupied Units 1 2 2 1 2 2 2 2 2 0 0 0 c. Occupied Units 15 14 14 15 14 14 14 14 14 16 16 16 d. Pending Leases 0 1 1 0 0 1 0 0 1 0 0 0 e. Ending Occupied & Pre-leased 15 15 15 15 14 15 14 14 15 16 16 16 f. Down Units 1 1 1 1 0 0 0 1 0 0 0 0 g. Number of Wait List Contactees 39 0 0 0 0 0 0 39 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 0 1 1 3 1 0 2 0 0 2 1 0 i. Number of Traffic Qualified 9 4 5 6 8 8 11 17 9 0 11 8 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 SUMMARY MULTI-FAMILY PROPERTIES Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 a. Total Units in Complex 733 733 733 733 733 733 733 733 733 733 733 733 b. Unoccupied Units 31 34 35 27 28 28 24 25 23 26 24 19 c. Occupied Units 702 699 698 706 705 705 709 708 710 707 709 714 d. Pending Leases 20 20 22 14 14 14 10 8 13 17 23 17 e. Ending Occupied & Pre-leased 722 719 720 720 719 719 719 716 723 724 732 731 f. Down Units 11 12 12 10 1 1 9 9 1 1 1 1 g. Number of Wait List Contactees 400 382 304 294 352 363 371 366 305 355 230 347 h. Re-Cert Pkts Sent Out During Month 61 48 51 50 63 45 56 54 49 49 98 55 i. Number of Traffic Qualified 169 166 159 150 222 178 220 258 323 212 216 206 j. Number of Traffic Non-Qualified 15 2 1 5 2 4 9 3 5 14 5 7 9/01/24 Page 2 of 2 MOS Multi-Family 9.24 72 MONTHLY OCCUPANCY STATUS REPORT SEPTEMBER 2024 REPORT REPORTING MONTH: September-24 REPORT DATE: 10/20/24 "SENIOR PROPERTIES"Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Candlewood a. Total Units in Complex 30 30 30 30 30 30 30 30 30 30 30 30 b. Unoccupied Units 2 2 2 3 4 4 3 3 1 0 0 0 c. Occupied Units 28 28 28 27 26 26 27 27 29 30 30 30 d. Pending Leases 0 0 0 0 0 0 1 0 1 0 0 0 e. Ending Occupied & Pre-leased 28 28 28 27 26 26 28 27 30 30 30 30 f. Down Units 2 2 2 2 0 0 1 2 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 6 2 2 3 0 3 2 4 3 1 1 2 i. Number of Traffic Qualified 2 0 0 0 0 0 0 0 0 0 0 0 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Carlos Ortega a. Total Units in Complex 73 73 73 73 73 73 73 73 73 73 73 73 b. Unoccupied Units 1 0 0 1 2 2 2 1 1 1 1 1 c. Occupied Units 72 73 73 72 71 71 71 72 72 72 72 72 d. Pending Leases 1 0 0 0 0 1 1 1 1 1 1 1 e. Ending Occupied & Pre-leased 73 73 73 72 71 72 72 73 73 73 73 73 f. Down Units 0 0 0 1 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 33 30 30 28 40 16 16 20 20 30 30 20 h. Re-Cert Pkts Sent Out During Month 3 3 3 9 9 7 6 11 12 11 5 4 i. Number of Traffic Qualified 5 3 3 1 2 3 2 1 2 1 2 0 j. Number of Traffic Non-Qualified 1 2 2 0 2 0 0 1 1 2 1 2 Catalina Gardens a. Total Units in Complex 72 72 72 72 72 72 72 72 72 72 72 72 b. Unoccupied Units 4 5 5 6 5 5 4 5 3 3 3 2 c. Occupied Units 68 67 67 66 67 67 68 67 69 69 69 70 d. Pending Leases 2 3 3 2 0 1 0 5 2 0 1 0 e. Ending Occupied & Pre-leased 70 70 70 68 67 68 68 72 71 69 70 70 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 61 34 200 95 72 86 96 105 110 80 78 80 h. Re-Cert Pkts Sent Out During Month 5 7 7 4 3 3 6 5 7 3 2 7 i. Number of Traffic Qualified 3 1 12 2 3 3 4 5 4 3 2 2 j. Number of Traffic Non-Qualified 0 2 2 6 4 4 2 2 3 2 3 1 La Rocca Villas a. Total Units in Complex 27 27 27 27 27 27 27 27 27 27 27 27 b. Unoccupied Units 1 2 2 2 0 0 0 0 0 0 0 0 c. Occupied Units 26 25 25 25 27 27 27 27 27 27 27 27 d. Pending Leases 0 1 1 2 0 0 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 26 26 26 27 27 27 27 27 27 27 27 27 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 68 47 62 0 0 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 3 2 1 1 1 4 3 1 3 1 1 0 i. Number of Traffic Qualified 7 8 0 4 6 7 2 1 1 0 1 3 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Las Serenas a. Total Units in Complex 150 150 150 150 150 150 150 150 150 150 150 150 b. Unoccupied Units 5 5 6 4 4 0 1 0 2 2 4 3 c. Occupied Units 145 145 144 146 146 150 150 150 148 148 146 147 d. Pending Leases 4 2 3 2 0 0 0 0 1 1 2 3 e. Ending Occupied & Pre-leased 149 147 147 148 146 150 150 150 149 149 148 150 f. Down Units 0 2 2 2 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 89 93 84 98 68 35 0 0 60 24 15 23 h. Re-Cert Pkts Sent Out During Month 10 11 7 11 5 5 8 13 18 15 11 19 i. Number of Traffic Qualified 42 36 5 36 46 51 49 25 4 34 34 25 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 9/01/2024 Page 1 of 2 MOS Senior 9.24 73 MONTHLY OCCUPANCY STATUS REPORT SEPTEMBER 2024 REPORT "SENIOR PROPERTIES"Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Pueblos a. Total Units in Complex 15 15 15 15 15 15 15 15 15 15 15 15 b. Unoccupied Units 0 0 0 0 1 1 0 0 0 0 0 0 c. Occupied Units 15 15 15 15 14 14 15 15 15 15 15 15 d. Pending Leases 0 0 0 0 0 0 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 15 15 15 15 14 14 15 15 15 15 15 15 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 3 3 0 0 0 0 0 4 1 1 1 1 i. Number of Traffic Qualified 0 0 0 0 0 0 0 0 0 0 0 0 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 Sage Crest Sr. a. Total Units in Complex 14 14 14 14 14 14 14 14 14 14 14 14 b. Unoccupied Units 0 0 0 0 1 1 0 1 1 1 1 1 c. Occupied Units 14 14 14 14 13 13 13 13 13 13 13 13 d. Pending Leases 0 0 0 0 0 0 0 1 1 1 0 0 e. Ending Occupied & Pre-leased 14 14 14 14 13 13 13 14 14 14 13 13 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 2 2 2 0 0 0 2 1 1 1 1 3 i. Number of Traffic Qualified 0 0 0 0 0 0 0 0 0 0 0 0 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 SUMMARY SENIOR PROPERTIES Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 a. Total Units in Complex 381 381 381 381 381 381 381 381 381 381 381 381 b. Unoccupied Units 13 14 15 16 17 13 10 10 8 7 9 7 c. Occupied Units 368 367 366 365 364 368 371 371 373 374 372 374 d. Pending Leases 7 6 7 6 0 2 2 7 6 3 4 4 e. Ending Occupied & Pre-leased 375 373 373 371 364 370 373 378 379 377 376 378 f. Down Units 2 4 4 5 0 0 1 2 0 0 0 0 g. Number of Wait List Contactees 251 204 376 221 180 137 112 125 190 134 123 123 h. Re-Cert Pkts Sent Out During Month 32 30 22 28 18 22 27 39 45 33 22 36 i. Number of Traffic Qualified 59 48 20 43 57 64 57 32 11 38 39 30 j. Number of Traffic Non-Qualified 1 4 4 6 6 4 2 3 4 4 4 3 9/01/2024 Page 2 of 2 MOS Senior 9.24 74 MONTHLY OCCUPANCY AND AVERAGE RENT SUMMARY SEPTEMBER 2024 * ** AMI % Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent 20%13,650 284 15,600 325 17,550 366 19,500 406 25%17,063 355 19,500 406 21,938 457 24,375 508 30%21,550 511 24,600 513 27,700 577 31,200 650 35%23,888 498 27,300 569 30,713 640 34,125 711 40%27,300 569 31,200 650 35,100 731 39,000 813 45%30,713 640 35,100 731 39,488 823 43,875 914 50%35,900 748 41,000 854 46,100 960 51,250 1,068 55%37,538 782 42,900 894 48,263 1,005 53,625 1,117 60%40,950 853 46,800 975 52,650 1,097 58,500 1,219 65%44,363 1,109 50,700 1,268 57,038 1,426 63,375 1,584 70%47,775 1,194 54,600 1,365 61,425 1,536 68,250 1,706 75%51,188 1,280 58,500 1,463 65,813 1,645 73,125 1,828 80%57,400 1,435 65,600 1,640 73,800 1,845 82,000 2,050 85%58,013 1,450 66,300 1,658 74,588 1,865 82,875 2,072 90%61,425 1,536 70,200 1,755 78,975 1,974 87,750 2,194 95%64,838 1,621 74,100 1,853 83,363 2,084 92,625 2,316 100%68,250 1,706 78,000 1,950 87,750 2,194 97,500 2,438 105%71,663 1,792 81,900 2,048 92,138 2,303 102,375 2,559 110%75,075 1,877 85,800 2,145 96,525 2,413 107,250 2,681 115%78,488 1,962 89,700 2,243 100,913 2,523 112,125 2,803 120%81,900 2,048 93,600 2,340 105,300 2,633 117,000 2,925 Riverside County Income Eligibility as of 7/1/2024. Monthly rent is exclusive of Utility Allowance. Extremely Low 0-30% Very Low 31-50% Low 51-80% Moderate 81%-120% Total 714 314 617 1,060 1,543 884 188 211 214 101 Average Mo. RentNo. of Units Multi-Family Complexes HOUSEHOLD SIZE 1 2 3 4 Extremely Low 0-30% Very Low 31-50% Low 51-80% Moderate 81%-120% Total 139 168 54 Senior Complexes Average Mo. RentNo. of Units 13 374 315 581 967 1,550 853 Page 1 Summary Rpt #1 9.24 75 MONTHLY OCCUPANCY AND AVERAGE RENT SUMMARY SEPTEMBER 2024 * Including On-Site Management units, occupied units total 11 ** Including On-Site Management units, occupied units total 5 Page 2 Summary Rpt #1 9.24 76 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT SEPTEMBER 2024 REPORT REPORTING MONTH: REPORT DATE:REPORTED BY:CYNDI KARP "MULTI-FAMILY" 141 UNITS 64 UNITS 48 UNITS 24 UNITS 384 UNITS 36 UNITS 20 UNITS 16 UNITS 733 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR 1. EXTREMELY LOW: 20% OF MEDIAN a. Studio 3 213 3 213 b. 1 BR, 1 BA 9 245 2 211 1 209 12 234 24 235 c. 2 BR, 1 BA 2 226 3 247 3 216 8 230 d. 2 BR, 2 BA 2 226 6 209 8 213 e. Totals 20%9 5 3 2 21 3 0 0 43 2. EXTREMELY LOW: 21-25% OF MEDIAN a. Studio 9 280 9 280 b. 1 BR, 1 BA 23 321 7 291 5 300 32 303 67 308 c. 2 BR, 1 BA 6 330 3 355 2 297 11 331 d. 2 BR, 2 BA 1 309 11 322 12 321 e. Totals 21-25%23 16 5 1 49 3 2 0 99 3. EXTREMELY LOW: 26-30% OF MEDIAN a. Studio 1 381 1 340 2 361 b. 1 BR, 1 BA 11 415 1 364 1 373 9 395 22 403 c. 2 BR, 1 BA 1 391 2 436 3 407 1 379 1 391 8 407 d. 2 BR, 2 BA 4 409 10 415 14 414 e. Totals 26-30%11 2 3 4 21 3 1 1 46 Total extremely low =43 23 11 7 91 9 3 1 188 Percent of total 31.62%38.33%23.91%29.17%24.20%25.00%15.00%6.25%26.33% 4. VERY LOW: 31-35% OF MEDIAN a. Studio 1 414 1 414 2 414 b. 1 BR, 1 BA 8 478 2 448 1 457 12 468 23 469 c. 2 BR, 1 BA 2 496 2 505 4 494 2 474 1 486 11 492 d. 2 BR, 2 BA 2 487 7 508 9 503 e. Totals 31-35%8 3 4 2 21 4 2 1 45 5. VERY LOW: 36-40% OF MEDIAN a. Studio 2 492 2 492 b. 1 BR, 1 BA 11 559 1 527 1 536 9 546 22 551 c. 2 BR, 1 BA 1 575 7 597 3 570 3 563 14 582 d. 2 BR, 2 BA 11 594 11 594 e. Totals 36-40%11 3 2 0 27 3 3 0 49 6. VERY LOW: 41-45% OF MEDIAN a. Studio 3 552 3 552 b. 1 BR, 1 BA 14 635 1 606 2 615 13 635 30 633 c. 2 BR, 1 BA 2 663 5 692 6 669 3 651 1 652 17 671 d. 2 BR, 2 BA 3 672 12 684 15 682 e. Totals 41-45%14 4 4 3 30 6 3 1 65 7. VERY LOW: 46-50% OF MEDIAN a. Studio 2 639 2 646 4 643 b. 1 BR, 1 BA 7 726 1 683 9 704 17 712 c. 2 BR, 1 BA 1 732 2 740 6 802 4 748 3 728 2 740 18 760 d. 2 BR, 2 BA 13 792 13 792 e. Totals 46-50%7 3 5 0 28 4 3 2 52 Total very low =40 13 15 5 106 17 11 4 211 Percent of total 29.41%21.67%32.61%20.83%28.19%47.22%55.00%25.00%29.55% 8. LOWER: 51-55% OF MEDIAN a. Studio 3 698 3 698 b. 1 BR, 1 BA 9 796 1 772 7 792 17 793 c. 2 BR, 1 BA 1 841 15 863 5 845 1 951 1 841 23 861 d. 2 BR, 2 BA 2 829 11 857 13 852 e. Totals 51-55%9 3 2 2 33 5 1 1 56 9. LOWER: 56-60% OF MEDIAN a. Studio 2 842 2 842 b. 1 BR, 1 BA 16 878 2 866 8 867 26 873 c. 2 BR, 1 BA 3 929 8 952 3 930 4 938 18 941 d. 2 BR, 2 BA 3 940 14 950 17 949 e. Totals 56-60%16 2 5 3 30 3 0 4 63 NEIGHBORS Sep-24 10/20/2024 CALIFORNIA VILLAS DESERT POINTE LAGUNA PALMS ONE QUAIL PLACE PALM VILLAGE SANTA ROSA TAOS PALMS TOTALS 9/01/2024 Page 1 of 2 Rpt #1 Multi-Family 9.24 77 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT SEPTEMBER 2024 REPORT "MULTI-FAMILY"141 UNITS 64 UNITS 48 UNITS 24 UNITS 384 UNITS 36 UNITS 20 UNITS 16 UNITS 733 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR NEIGHBORS CALIFORNIA VILLAS DESERT POINTE LAGUNA PALMS ONE QUAIL PLACE PALM VILLAGE SANTA ROSA TAOS PALMS TOTALS 10. LOWER: 61-65% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 2 1,156 1 1,292 13 1,109 16 1,127 c. 2 BR, 1 BA 4 1,189 1 975 2 1,258 7 1,178 d. 2 BR, 2 BA 1 1,248 11 1,271 12 1,269 e. Totals 61-65%2 0 1 1 28 1 2 0 35 11. LOWER: 66-70% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 3 1,250 1 1,090 1 1,229 6 1,248 11 1,232 c. 2 BR, 1 BA 3 1,333 5 1,383 1 1,354 9 1,363 d. 2 BR, 2 BA 2 1,354 11 1,382 13 1,377 e. Totals 66-70%3 1 4 2 22 0 0 1 33 12. LOWER: 71-75% OF MEDIAN a. Studio 2 1,172 2 1,172 b. 1 BR, 1 BA 2 1,325 1 1,360 2 1,316 5 1,328 c. 2 BR, 1 BA 2 1,461 3 1,497 1 1,461 6 1,479 d. 2 BR, 2 BA 5 1,490 5 1,490 e. Totals 71-75%2 3 2 0 10 0 0 1 18 13. LOWER: 76-80% OF MEDIAN a. Studio 2 1,213 2 1,213 b. 1 BR, 1 BA 2 1,325 2 1,316 4 1,321 c. 2 BR, 1 BA 1 1,544 1 1,563 1 1,532 3 1,546 d. 2 BR, 2 BA 0 - e. Totals 76-80%2 2 1 0 3 0 1 0 9 Total lower =34 11 15 8 126 9 4 7 214 ·Percent of total 25.00%18.33%32.61%33.33%33.51%25.00%20.00%43.75%29.97% 14. MODERATE: 81-120% OF MEDIAN a. Studio 3 1,148 3 1,148 b. 1 BR, 1 BA 18 1,357 6 1,295 1 1,304 19 1,336 44 1,338 c. 2 BR, 1 BA 1 2,010 3 1,743 4 1,779 13 1,696 1 2,010 2 1,881 4 1,701 28 1,749 d. 2 BR, 2 BA 1 2,010 4 1,723 21 1,699 26 1,714 Total moderate =19 13 5 4 53 1 2 4 101 Percent of total 13.97%21.67%10.87%16.67%14.10%2.78%10.00%25.00%14.15% 15. Total units occupied:136 60 46 24 376 36 20 16 714 16. Occupancy rate =96%94%96%100%98%100%100%100%97% NOTE: For each project, to calculate average rent for a unit type at an income level, divide the total rental income of that unit type at that income level by the number of occupied units of that unit type at that income level.Occ Rate excluding properties under const/renov 98% 9/01/2024 Page 2 of 2 Rpt #1 Multi-Family 9.24 78 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT SEPTEMBER 2024 REPORT REPORTING MONTH: REPORT DATE:REPORTED BY:CYNDI KARP "SENIOR PROPERTIES"30 UNITS 73 UNITS 72 UNITS 27 UNITS 150 UNITS 15 UNITS 14 UNITS 381 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR 1. EXTREMELY LOW: 20% OF MEDIAN a. Studio 5 184 5 184 b. 1 BR, 1 BA 2 206 2 315 3 206 3 263 4 209 14 235 c. 2 BR, 1 BA 1 354 6 210 7 231 d. 2 BR, 2 BA 0 - e. Totals 20%2 3 8 3 10 0 0 26 2. EXTREMELY LOW: 21-25% OF MEDIAN a. Studio 16 254 16 254 b. 1 BR, 1 BA 5 272 8 394 3 289 5 351 19 283 2 294 1 291 43 312 c. 2 BR, 1 BA 2 307 4 297 6 300 d. 2 BR, 2 BA 0 - e. Totals 21-25%7 8 19 5 23 2 1 65 3. EXTREMELY LOW: 26-30% OF MEDIAN a. Studio 7 339 7 339 b. 1 BR, 1 BA 4 358 7 467 3 358 4 434 8 367 4 361 3 364 33 393 c. 2 BR, 1 BA 1 525 7 398 8 414 d. 2 BR, 2 BA 0 - e. Totals 26-30%4 8 10 4 15 4 3 48 Total extremely low =13 19 37 12 48 6 4 139 Percent of total 43.33%26.39%52.86%44.44%32.65%40.00%30.77%37.17% 4. VERY LOW: 31-35% OF MEDIAN a. Studio 4 390 4 390 b. 1 BR, 1 BA 4 434 4 551 5 442 6 506 11 446 4 445 3 454 37 466 c. 2 BR, 1 BA 2 620 7 474 9 506 d. 2 BR, 2 BA 0 - e. Totals 31-35%4 6 9 6 18 4 3 50 5. VERY LOW: 36-40% OF MEDIAN a. Studio 4 464 4 464 b. 1 BR, 1 BA 4 526 8 636 1 585 18 528 1 524 1 547 33 556 c. 2 BR, 1 BA 1 573 6 567 7 568 d. 2 BR, 2 BA 0 - e. Totals 36-40%5 8 4 1 24 1 1 44 6. VERY LOW: 41-45% OF MEDIAN a. Studio 5 532 5 532 b. 1 BR, 1 BA 2 611 4 715 5 600 2 664 11 605 2 603 1 606 27 625 c. 2 BR, 1 BA 2 797 9 657 11 682 d. 2 BR, 2 BA 0 - e. Totals 41-45%2 6 10 2 20 2 1 43 7. VERY LOW: 46-50% OF MEDIAN a. Studio 1 656 1 656 b. 1 BR, 1 BA 2 668 13 807 2 668 2 732 5 686 1 671 2 674 27 743 c. 2 BR, 1 BA 1 874 2 728 3 777 d. 2 BR, 2 BA 0 - e. Totals 46-50%2 14 3 2 7 1 2 31 Total very low =13 34 26 11 69 8 7 168 ·Percent of total 43.33%47.22%37.14%40.74%46.94%53.33%53.85%44.92% 8. LOWER: 51-55% OF MEDIAN a. Studio 1 666 1 666 b. 1 BR, 1 BA 2 771 3 866 1 757 1 821 5 760 1 760 13 791 c. 2 BR, 1 BA 3 829 3 829 d. 2 BR, 2 BA 0 - e. Totals 51-55%2 3 2 1 8 1 0 17 9. LOWER: 56-60% OF MEDIAN a. Studio 2 735 2 735 b. 1 BR, 1 BA 5 945 2 836 8 843 2 857 17 874 c. 2 BR, 1 BA 1 1,063 1 951 2 1,007 d. 2 BR, 2 BA 0 - e. Totals 56-60%0 6 4 0 9 0 2 21 Sep-24 10/20/2024 PUEBLOS TOTALS SAGE CREST SR.CANDLEWOOD LAS SERENASCARLOS ORTEGA LA ROCCA VILLASCATALINA 9/01/2024 Page 1 of 2 Rpt #1 Senior 9.24 79 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT SEPTEMBER 2024 REPORT "SENIOR PROPERTIES"30 UNITS 73 UNITS 72 UNITS 27 UNITS 150 UNITS 15 UNITS 14 UNITS 381 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR PUEBLOS TOTALS SAGE CREST SR.CANDLEWOOD LAS SERENASCARLOS ORTEGA LA ROCCA VILLASCATALINA 10. LOWER: 61-65% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 4 1,239 1 1,184 3 1,123 8 1,189 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 61-65%0 4 0 1 3 0 0 8 11. LOWER: 66-70% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 2 1,323 1 1,217 3 1,288 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 66-70%0 2 0 0 1 0 0 3 12. LOWER: 71-75% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 2 1,431 2 1,431 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 71-75%0 2 0 0 0 0 0 2 13. LOWER: 76-80% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 1 1,398 1 1,292 2 1,345 c. 2 BR, 1 BA 1 1,532 1 1,532 d. 2 BR, 2 BA 0 - e. Totals 76-80%0 1 0 0 2 0 0 3 Total lower =2 18 6 2 23 1 2 54 Percent of total 6.67%25.00%8.57%7.41%15.65%6.67%15.38%14.44% 14. MODERATE: 81-120% OF MEDIAN a. Studio 1 1,517 1 1,517 b. 1 BR, 1 BA 1 1,289 2 1,482 4 1,284 7 1,341 c. 2 BR, 1 BA 1 2,010 3 1,740 4 1,808 d. 2 BR, 2 BA 1 2,010 1 2,010 Total moderate =2 1 1 2 7 0 0 13 Percent of total 6.67%1.39%1.43%7.41%4.76%0.00%0.00%3.48% 15. Total units occupied:30 72 70 27 147 15 13 374 16. Occupancy rate =100%99%97%100% 98%100%93%98% NOTE: For each project, to calculate average rent for a unit type at an income level, divide the total rental income of that unit type at that income level by the number of occupied units of that unit type at that income level.Occ Rate excluding properties under const/renov 98% 9/01/2024 Page 2 of 2 Rpt #1 Senior 9.24 80 SEPTEMBER 2024 REPORT REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Sep-24 "MULTI-FAMILY PROPERTIES"REPORTED BY: CYNDI KARP REPORT DATE:10/20/2024 CALIFORNIA DESERT LAGUNA ONE QUAIL PALM SANTA TAOS MONTHLY INCOME LEVEL AVAILABLE VILLAS POINTE PALMS PLACE VILLAGE ROSA PALMS TOTALS OF OCCUPANT UNITS 141 64 48 24 384 36 20 16 733 REVENUE EXTREMELY LOW: 20% Occupied units 9 5 3 2 21 3 - - 43 Total rental income 2,208 1,062 661 452 4,803 648 9,834 Per occupied unit 245 212 220 226 229 216 229 EXTREMELY LOW: 21% --> 25% Occupied units 23 16 5 1 49 3 2 - 99 Total rental income 7,387 4,560 1,500 309 15,224 1,065 594 30,639 Per occupied unit 321 285 300 309 311 355 297 309 EXTREMELY LOW: 26% --> 30% Occupied units 11 2 3 4 21 3 1 1 46 Total rental income 4,564 745 1,104 1,636 8,581 1,220 379 391 18,620 Per occupied unit 415 373 368 409 409 407 379 391 405 VERY LOW: 31% --> 35% Occupied units 8 3 4 2 21 4 2 1 45 Total rental income 3,824 1,310 1,863 974 10,182 1,976 948 486 21,563 Per occupied unit 478 437 466 487 485 494 474 486 479 VERY LOW: 36% --> 40% Occupied units 11 3 2 - 27 3 3 - 49 Total rental income 6,145 1,511 1,111 15,632 1,711 1,689 - 27,799 Per occupied unit 559 504 556 579 570 563 567 VERY LOW: 41% --> 45% Occupied units 14 4 4 3 30 6 3 1 65 Total rental income 8,884 2,262 2,556 2,015 19,932 4,012 1,953 652 42,266 Per occupied unit 635 566 639 672 664 669 651 652 650 VERY LOW: 46% --> 50% Occupied units 7 3 5 - 28 4 3 2 52 Total rental income 5,082 2,010 3,455 21,441 2,992 2,184 1,480 38,644 Per occupied unit 726 670 691 766 748 728 740 743 VERY LOW Up to 50% Occupied units 83 36 26 12 197 26 14 5 399 Total rental income 38,094 13,460 12,250 5,386 95,795 13,624 7,747 3,009 189,365 Per occupied unit 459 374 471 449 486 524 553 602 475 LOWER: 51% --> 55% Occupied units 9 3 2 2 33 5 - 1 55 Total rental income 7,165 2,094 1,613 1,657 27,912 4,225 - 841 45,507 Per occupied unit 796 698 807 829 846 845 841 827 LOWER: 56% --> 60% Occupied units 16 2 5 3 30 3 1 4 64 Total rental income 14,042 1,684 4,519 2,821 27,858 2,789 951 3,750 58,414 Per occupied unit 878 842 904 940 929 930 951 938 913 LOWER: 61% --> 65% Occupied units 2 - 1 1 28 1 2 - 35 Total rental income 2,312 - 1,292 1,248 33,157 975 2,516 41,500 Per occupied unit 1,156 1,292 1,248 1,184 975 1,258 1,186 LOWER: 66% --> 70% Occupied units 3 1 4 2 22 - - 1 33 Total rental income 3,750 1,090 5,228 2,708 29,600 - - 1,354 43,730 Per occupied unit 1,250 1,090 1,307 1,354 1,345 1,354 1,325 LOWER: 71% --> 75% Occupied units 2 3 2 - 10 - - 1 18 Total rental income 2,650 3,704 2,922 14,572 1,461 25,309 Per occupied unit 1,325 1,235 1,461 1,457 1,461 1,406 LOWER: 76% --> 80% Occupied units 2 2 1 - 3 - 1 - 9 Total rental income 2,650 2,426 1,544 4,195 1,532 12,347 Per occupied unit 1,325 1,213 1,544 1,398 1,532 1,372 LOWER: 51% --> 80% Occupied units 34 11 15 8 126 9 4 7 214 Total rental income 32,569 10,998 17,118 8,434 137,294 7,989 4,999 7,406 226,807 Per occupied unit 958 1,000 1,141 1,054 1,090 888 1,250 1,058 1,060 MODERATE: 81% --> 120% Occupied units 19 13 5 4 53 1 2 4 101 Total rental income 26,432 18,452 8,420 6,891 83,097 2,010 3,761 6,802 155,865 Per occupied unit 1,391 1,419 1,684 1,723 1,568 2,010 1,881 1,701 1,543 Summary Income: Rent Roll Expected Income 97,095 42,910 37,788 20,711 316,186 23,623 16,507 17,217 572,037 Delinquent Income (1,343) (4,235) (821) (2,010) 9,903 (721) (2,010) (1,686) (2,923) Actual Rent Received 95,752 38,675 36,967 18,701 326,089 22,902 14,497 15,531 569,114 Other Income: Laundry 79 543 235 230 2,006 448 226 214 3,981 Other (Credit Report/Late Fees)1,121 210 250 175 1,400 225 175 200 3,756 Total Operating Income 96,953 39,428 37,452 19,106 329,495 23,575 14,898 15,945 576,851 Occupied Units 136 60 46 24 376 36 20 16 714 Income per occupied unit 713 657 814 796 876 655 745 997 808 EXPENSES Operating Expenses: Payroll 21,406 9,013 8,907 3,166 75,594 5,563 2,189 3,149 128,985 NEIGHBORS 9/01/2024 Page 1 of 2 Rpt #2 Multi-Family 9.24 81 SEPTEMBER 2024 REPORT REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Sep-24 "MULTI-FAMILY PROPERTIES"REPORTED BY: CYNDI KARP REPORT DATE:10/20/2024 CALIFORNIA DESERT LAGUNA ONE QUAIL PALM SANTA TAOS MONTHLY INCOME LEVEL AVAILABLE VILLAS POINTE PALMS PLACE VILLAGE ROSA PALMS TOTALS OF OCCUPANT UNITS 141 64 48 24 384 36 20 16 733 NEIGHBORS Per occupied unit 157 150 194 132 201 155 109 197 181 Administrative 11,477 6,373 6,805 1,379 33,503 1,878 1,041 931 63,388 Per occupied unit 84 106 148 57 89 52 52 58 89 Advertising/Promotion - - - - - - - - - Per occupied unit - - - - - - - - - Contract Services 15,286 5,057 5,818 2,421 12,585 2,717 2,725 2,400 49,008 Per occupied unit 112 84 126 101 33 75 136 150 69 Utility Services 14,047 7,294 5,624 2,785 50,775 4,210 1,730 1,553 88,018 Per occupied unit 103 122 122 116 135 117 86 97 123 Maintenance 15,578 5,398 17,928 2,625 39,282 1,112 201 1,599 83,722 Per occupied unit 115 90 390 109 104 31 10 100 117 Replacement expense - 5,181 11,895 8,507 14,900 - - 2,717 43,200 Per occupied unit - 86 259 354 40 - - 170 61 Capital expense - - - - - - - - - Per occupied unit - - - - - - - - - Total Operating Expenses 77,794 38,315 56,977 20,883 226,638 15,479 7,885 12,350 456,321 Per occupied unit 572 639 1,239 870 603 430 394 772 639 Summary Revenue and Expenses Total Operating Income 96,953 39,428 37,452 19,106 329,495 23,575 14,898 15,945 576,851 Total Operating Expenses 77,794 38,315 56,977 20,883 226,638 15,479 7,885 12,350 456,321 Monthly Net Operating Income 19,159 1,113 (19,525) (1,777) 102,857 8,095 7,013 3,595 120,530 Per occupied unit 141 19 (424) (74) 274 225 351 225 169 FYTD Net Operating Income* 84,955 10,271 (5,193) 26,741 326,850 16,650 17,354 16,058 493,686 Previous Fiscal Year NOI (6/30/2024)*297,200 112,539 62,592 30,825 1,275,759 97,026 45,323 20,935 1,942,199 * For comparison purposes, Net Operating Income YTD excludes all capital expenditures and corresponding reimbursement, as those are typically paid from replacement reserve funds and/or bond funds at this time (not PDHA revenue). 9/01/2024 Page 2 of 2 Rpt #2 Multi-Family 9.24 82 SEPTEMBER 2024 REPORT REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Sep-24 "SENIOR PROPERTIES"REPORTED BY: CYNDI KARP REPORT DATE:10/20/2024 CANDLEWOOD CARLOS CATALINA LA ROCCA LAS PUEBLOS SAGECREST MONTHLY INCOME LEVEL AVAILABLE ORTEGA GARDENS VILLAS SERENAS SR.TOTALS OF OCCUPANT UNITS 30 73 72 27 150 15 14 381 REVENUE EXTREMELY LOW: 20% Occupied units 2 3 8 3 10 - - 26 Total rental income 412 984 1,538 789 2,096 5,819 Per occupied unit 206 328 192 263 210 224 EXTREMELY LOW: 21% --> 25% Occupied units 7 8 19 5 23 2 1 65 Total rental income 1,976 3,152 4,935 1,757 6,567 588 291 19,266 Per occupied unit 282 394 260 351 286 294 291 296 EXTREMELY LOW: 26% --> 30% Occupied units 4 8 10 4 15 4 3 48 Total rental income 1,432 3,794 3,450 1,734 5,716 1,444 1,092 18,662 Per occupied unit 358 474 345 434 381 361 364 389 VERY LOW: 31% --> 35% Occupied units 4 6 9 6 18 4 3 50 Total rental income 1,737 3,444 3,770 3,036 8,224 1,780 1,362 23,353 Per occupied unit 434 574 419 506 457 445 454 467 VERY LOW: 36% --> 40% Occupied units 5 8 4 1 24 1 1 44 Total rental income 2,677 5,087 1,854 585 12,912 524 547 24,186 Per occupied unit 172 636 464 585 538 524 547 550 VERY LOW: 41% --> 45% Occupied units 2 6 10 2 21 2 1 44 Total rental income 1,222 4,452 5,660 1,328 12,566 1,206 606 27,040 Per occupied unit 611 742 566 664 598 603 606 615 VERY LOW: 46% --> 50% Occupied units 2 14 3 2 7 1 2 31 Total rental income 1,336 11,360 1,992 1,464 4,888 671 1,348 23,059 Per occupied unit 668 811 664 732 698 671 674 744 VERY LOW: Up to 50% Occupied units 26 53 63 23 118 14 11 308 Total rental income 10,792 32,273 23,199 10,693 52,969 6,213 5,246 141,385 Per occupied unit 415 609 368 465 449 444 477 459 LOWER: 51% --> 55% Occupied units 2 3 2 1 8 1 - 17 Total rental income 1,542 2,598 1,423 821 6,287 760 13,431 Per occupied unit 771 866 712 821 786 760 790 LOWER: 56% --> 60% Occupied units - 6 4 - 9 - 2 21 Total rental income 5,788 3,142 - 7,693 1,714 18,337 Per occupied unit 965 786 855 857 873 LOWER: 61% --> 65% Occupied units - 4 - 1 3 - - 8 Total rental income - 4,955 1,184 3,369 9,508 Per occupied unit 1,239 1,184 1,123 1,189 LOWER: 66% --> 70% Occupied units - 2 - - 1 - - 3 Total rental income 2,646 1,217 3,863 Per occupied unit 1,323 1,217 1,288 LOWER: 71% --> 75% Occupied units - 2 - - - - - 2 Total rental income 2,861 - - 2,861 Per occupied unit 1,431 1,431 LOWER: 76% --> 80% Occupied units - 1 - - 2 - - 3 Total rental income 1,398 2,824 4,222 Per occupied unit 1,398 1,412 1,407 LOWER: 51% --> 80% Occupied units 2 18 6 2 23 1 2 54 Total rental income 1,542 20,246 4,565 2,005 21,390 760 1,714 52,222 Per occupied unit 771 1,125 761 1,003 930 760 857 967 MODERATE: 81% --> 120% Occupied units 2 1 1 2 7 - - 13 Total rental income 3,299 2,010 1,517 2,964 10,355 20,145 Per occupied unit 1,650 2,010 1,517 1,482 1,479 1,550 9/01/2024 Page 1 of 2 Rpt #2 Senior 9.24 83 SEPTEMBER 2024 REPORT REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Sep-24 "SENIOR PROPERTIES"REPORTED BY: CYNDI KARP REPORT DATE:10/20/2024 CANDLEWOOD CARLOS CATALINA LA ROCCA LAS PUEBLOS SAGECREST MONTHLY INCOME LEVEL AVAILABLE ORTEGA GARDENS VILLAS SERENAS SR.TOTALS OF OCCUPANT UNITS 30 73 72 27 150 15 14 381 Summary Income: Rent Roll Expected Income 15,633 54,529 29,281 15,662 84,714 6,973 6,960 213,752 Delinquent Income 1 (1,229) (1,787) (452) 3,452 - 25 10 Actual Rent Received 15,634 53,300 27,494 15,210 88,166 6,973 6,985 213,762 Other Income: Laundry - - 57 - - - - 57 Other (Credit Report/Late Fees)50 30 (75) - (63) - 25 (33) Total operating income 15,684 53,330 27,476 15,210 88,103 6,973 7,010 213,786 Occupied Units 30 72 70 27 148 15 13 375 Income per occupied unit 523 741 393 563 595 465 539 570 EXPENSES Operating Expenses: Payroll 5,038 17,098 11,558 6,235 15,758 2,872 2,381 60,940 Per occupied unit 168 237 165 231 106 191 183 163 Administrative 1,531 6,531 6,820 1,493 11,546 766 715 29,401 Per occupied unit 51 91 97 55 78 51 55 78 Advertising/promotion - 456 - - - - - 456 Per occupied unit - 6 - - - - - 1 Contract services 2,239 6,519 4,093 2,849 2,926 1,353 2,451 22,430 Per occupied unit 75 91 58 106 20 90 189 60 Utility services 4,122 9,035 2,785 3,357 13,366 594 2,490 35,749 Per occupied unit 137 125 40 124 90 40 192 95 Maintenance 3,938 2,110 4,591 348 11,721 914 345 23,968 Per occupied unit 131 29 66 13 79 61 27 64 Replacement expense - 664 664 - 174 553 - 2,055 Per occupied unit - 9 9 - 1 37 - 5 Capital expense - - - - - - - - Per occupied unit - - - - - - - - Total Operating Expenses 16,868 42,413 30,511 14,282 55,491 7,052 8,382 174,999 Per occupied unit 562 589 436 529 375 470 645 467 Summary Revenue and Expenses Total Operating Income 15,684 53,330 27,476 15,210 88,103 6,973 7,010 213,786 Total Operating Expenses 16,868 42,413 30,511 14,282 55,491 7,052 8,382 174,999 Monthly Net Operating Income (1,184) 151,515 (3,035) 928 32,613 (79) (1,372) 38,787 Per occupied unit (39) 2,104 (43) 34 220 (5) (106) 103 FYTD Net Operating Income* 819 49,396 (18,465) (5,081) 95,788 (5,676) (1,551) 115,229 Previous Fiscal Year NOI (6/30/2024)* (30,763) 156,040 (102,677) (47,400) 490,379 (1,760) 3,722 467,542 * For comparison purposes, Net Operating Income YTD excludes all capital expenditures and corresponding reimbursement, as those are typically paid from replacement reserve funds and/or bond funds at this time (not PDHA revenue) 9/01/2024 Page 2 of 2 Rpt #2 Senior 9.24 84 Page 1 of 1 HOUSING COMMISSION PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: November 13, 2024 PREPARED BY: Cyndi Karp – Falkenberg/Gilliam & Associates Regional Supervisor REQUEST: FALKENBERG/GILLIAM & ASSOCIATES (FGA) RESIDENT ACTIVITY PRESENTATION RECOMMENDATION: Receive and file BACKGROUND/ANALYSIS: September Resident Activities held at these Palm Desert Housing Authority Properties: One Quail Place & Las Serenas. FINANCIAL IMPACT: Funding used for the resident activities comes out of the Resident Activities budget for each respective property. ATTACHMENTS: 1. Presentation of Resident Activities for September 2024 85 86 One Quail Place Resident Lunch Held on September 20, 2024 87 Las Serenas August Birthday Celebration Las Serenas "Marion Nap Joins the 100 Club: A Birthday Celebration“ September 25, 2024 88 HOUSING COMMISSION Year 2024 2024 2024 2024 2024 2024 2024 2024 2024 2024 2024 2023 Month Oct Sep Aug Jul May Jun May Apr Mar Feb Jan Dec Day 9 11 - - 8 12 8 10 13 - 10 13 Bauer, Kathleen P P - - P E P P P - P P 0 1 Buller, Jan P P - - E P E P P - P P 0 1 Docken, Olivia P P - - P P P P A - P P 1 1 Firestine, Andrew P P - - N/A N/A N/A N/A N/A N/A N/A N/A Moore, Dominic P P - - P P P P P - P P 0 0 Morrison, Melody P P - - P PPPP - PP 00 Siddiq, Franchon-Marie P P - - P P P E P - P P 0 1 P P A E - Palm Desert Municipal Code 2.34.010 Monthly: Three unexcused absences from regular meeting in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet monthly. Please contact the Recording Secretary to discuss any attendance concerns. Total Absences Unexcused Excused 89