16-088 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City Non Profit Contract, West Valley Community Services (WVCS) of Santa Clara County, Inc.SECOND AMENDMENT
TO BELOW MARKET-RATE (BMR) AFFORDABLE HOUSING FUND (AHF)
CITY/NON-PROFIT CONTRACT
This Second Amendment to Contract (the "Second Amendment") is entered into as of July 1,
2018 by and between WEST VALLEY COMMUNITY SERVICES OF SANTA CLARA
COUNTY, INC. ("CORPORATION") and the CITY OF CUPERTINO ("CITY") to amend
that certain Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit
Contract (Services Only) dated July 1, 2016 (the "Contract").
WITNESSETH
WHEREAS, CITY has reserved a portion of its Below Market Rate ("BMR") Affordable
Housing Fund ("AHF") funds to be used on activities that benefit Cupertino's residents; and,
WHEREAS, pursuant to the Contract, CITY granted CORPORATION a portion of
CITY'S BMR AHF FY 2016-17 budget in the amount of One Hundred Sixty Thousand Dollars
($160,000) for the Program to be operated within CITY for the benefit of low-and very low-
income households;
WHEREAS, pursuant to that certain First Amendment to BMR AHF City/Non-Profit
Contract (the "First Amendment"), CITY allocated a portion of its BMR AHF FY 2017-18 in the
amount of One Hundred Sixty Thousand Dollars ($160,000) for the Program; and
WHEREAS, CITY has secured additional BMR AHF funds and CITY and
CORPORATION desire to extend and amend the Contract to continue to fund the Program.
THEREFORE, the parties agree to the following amendments and revisions to the
Contract:
I. .PROGRAM
In the original Contract, CITY allocated the sum of One Hundred Sixty Thousand
Dollars ($160,000) for the period of July 1, 2016 to June 30, 2017, in BMR AHF funds to
CORPORATION, for the purpose of implementing CORPORATION'S program (the
"Program"), as more particularly described in Exhibits A-E to the Contract, and said Exhibits, as
may be amended or modified, are attached to this Second Amendment and incorporated herein by
reference.
Exhibit A: Program Description
Exhibit B: Program Work Plan
Exhibit C: Proposed Implementation Timeline Schedule
Exhibit D: Program Budget
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit Contracts
1
Pursuant to the First Amendment, CITY provided additional BMR AHF funds to
CORPORATION in the sum of One Hundred Sixty Thousand Dollars ($160,000) for the
period of July 1, 2017 to June 30, 2018 for CORPORATION to continue to implement the
Program.
Pursuant to this Second Amendment, CITY agrees to allocate additional funds from its
current BMR AHF budget to CORPORATION in the sum of Eighty Thousand Dollars
($80,000) for the period of July 1, 2018 to June 30, 2019 for CORPORATION to continue to
implement the Program.
The total budget for the Program and allocation of funds from July 1, 2016 through June
30, 2019 shall not exceed Four Hundred Thousand Dollars {$400,000).
II. TERM
The term of the Contract is extended for one year, from July 1, 2018 through June 30,
2019, unless otherwise amended or terminated earlier pursuant to Section VII or Section VIII of
the Contract.
III. MISCELLANEOUS
A. No Further Amendments. Except as provided in this Second Amendment, all
terms, covenants and conditions of the Contract and the First Amendment which are not herein
amended, shall remain in full force and effect.
B. Conflicts. In the event of any conflict between this Second Amendment and the
Contract, the provisions of this Second Amendment shall prevail.
C. Counterparts: Multiple Originals. This Second Amendment may be signed in
counterparts which shall constitute one complete instrument. This Second Amendment may be
signed in multiple originals, each of which shall be deemed to be an original.
[Signatures on following page]
2
IN WITNESS WHEREOF, the parties have executed this Second Amendment effective
on the later date shown below.
CORPORATION:
WEST VALLEY COMMUNITY SERVICES
OF SANTA CLARA COUNTY, INC.,
a California nonprofit public benefit
corporation
By: j{l k ,f&IL fr
Josh Selo Date
Executive Director
APPROVED AS TO FORM:
0
I
EXPENDITURE DISTRIBUTION
Date
CITY:
CITY OF CUPERTINO, a municipal
corporation
By: ,.,~,~~¢t
Assistant City Manager
ATTEST:
~-k s-: 2.-'f-tl< rnce Schmidt I Date
City Clerk
PO# 265-72-711-600-623
Original Contract: $160,000
Amendment #I: $160,000
Amendment #2: $80,000
Total: $400,000
3
Agency
EXIDBITA
PROJECT DESCRIPTION
FY 2018-19
Name: DUNS:
West Valley Community Services (Greenwood Ct.) 141088968
Executive Director: Project Manager: Project # (For Office
Josh Seto Suiatha Venkatraman 265-72-711 750-016
Use Only)
Street Address: 10104 City: Cupertino State: CA I Zip Code: 95014
Vista Drive
Telephone number: Fax Number: Manager E-mail
408-255-8033 sujathav@wvcommnnityservices.org;
Name of Pro·ect: Greenwood Court Renovation Pro·ect
Pro ·ect Location: 10104 Vista Drive Cu ertino, CA 95014
Project Description:
Between 2016 to 2017, WVCS successfully converted the Transitional Housing Program to
BMR, adding four more units to the current BMR inventory. These four units will house family
sizes of four or more. This will help families who are extremely low and very low income and
enable them to live and work in Cupertino. We are requesting funds to complete the renovation
work in these units. Current renovation work plan includes:
I. Replace the heating units in Unit I and Unit 2 and convert all units to centralized heating
2. Landscaping over the entire complex
3. Repair and restore the laundry room
4. Trash enclosure
The renovation work will include the cost of material and labor for all four units.
4
EXHIBITB
PROJECT WORK PLAN
FY 2018-19
AGENCY NAME: West Valley Community Services
PROJECT NAME: Greenwood Court Renovation Project
Objectives Renchmarks for Each Quarter
1st 2nd 3rd Jth TOTAL
Landscaoing of entire oroiects 0 0 0 I 1
Laundrv reoair and Trash Enclosure 0 0 0 1 I
Unit 1 and Unit 2 Heatin,:, svstem 1 1 0 0 2
5
EXHIBITC
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2018-19
AGENCY NAME: West Valley Community Services
PROJECT NAME: Greenwood Court Renovation Project
Activity Number & Description:
#1.
#2.
#3.
Activitv # Jul Am! Seo Oct Nov Dec Jan
6
Feb Mar Aor Mav Jun Total
EXHIBITD
PROJECT BUDGET
FY 2018-19
AGENCY NAME: West Valley Community Services
PROJECT NAME: Greenwood Court Renovation Project
Pronosed Proiect Exnenses
Salaries/Benefits/Pavroll/Taxes
Office Sunnlies
Communication
Publications/Printimd Advertisin2:
ravel
Rent/Lease/Mort2:a2:e
Utilities
Insurance
Eauioment Rental/Maintenance
A.udit/Le2:al/Professional Services (for CDBG oortion onlv,
Direct Services 7Fundini, for specific service such as a meal, ride)
Contracted Services
Other
otal Exoenses
7
FY 2018-19
$0
$80,000
$80,000.00
EXIDBITE
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the party
contracting with the City of Cupertino for the direct distribution ofBMR AHF funds.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage arising
out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract, or as may be further required
herein, th9 following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
8
C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
I. Comprehensive General Liability Insurance -for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance -for bodily injury (including death) and property
damage which provides limits as follows:
a. General limit per occurrence -$1,000,000
b. General limit aggregate -$2,000,000
c. Products/Completed Operations-$1,000,000 aggregate
d. Personal Injury limit -$1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier shall
provide the City Insurance Manager with a quarterly report of the amount of aggregate limits
expended to that.date. If over 50% of the aggregate limits have been paid or reserved, the City
may require additional coverage to be purchased by the Contractor to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
9
4. For either type of insurance, coverage shall include the following endorsements, copies of
5.
6.
which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of Cupertino, and
members of the City Council, and the officers, agents and employees of the City of
Cupertino, individually and collectively, as additional insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the City of Cupertino, its officers, agents,
and employees shall be excess only and not contributing with insurance provided under
this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company without 30
days prior written notice of such cancellation or reduction in coverage to the City of
Cupertino at the address shown on the Certificate oflnsurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract with the
City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability oflnterest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is seeking
coverage or against whom a claim is made or a suit is brought, except with respect to the
Company's limit of liability.
Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
10
b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to provide you
with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond -Before receiving compensation under this Contract, Contractor will furnish City
with evidence that all officials, employees, and agents handling or having access to funds
received or disbursed under this Contract, or authorized to sign or countersign checks, are
covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of
the maximum financial obligation of the City cited herein. If such bond is cancelled or reduced,
Contractor will notify City immediately, and City may withhold further payment to Contractor
until proper coverage has been obtained. Failure to give such notice may be cause for termination
of this Contract, at the option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
11
However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
12
FIRST AMENDMENT
TO BELOW MARKET-RATE (BMR) AFFORDABLE HOUSING FUND (AHF)
CITY/NON-PROFIT CONTRACT
This First Amendment to Contract (the "F irst Amendment") is entered into between WEST
VALLEY COMMUNITY SERVICES OF SANTA CLARA COUNTY, INC.
(CORPORATION) and the CITY OF CUPERTINO (CITY) to amend the Below Market-Rate
(BMR) Affordable Housing Fund (AHF) Program Contract (CONTRACT) dated July 1, 2016 .
WITNESS ETH
WHEREAS , CITY has reserved a portion of its BMR AHF funds to be used on activities
that benefit Cupertino's residents; and,
WHEREAS, CITY granted CORPORATION a portion of CITY'S BMR AHF 2016-17
budget for the Program to be operated within CITY for the benefit of low and very low-income
households; and
WHEREAS, CITY has secured additional BMR AHF funds and CITY and
CORPORATION desire to extend and amend the Contract to continue to fund the Program.
THEREFORE, the parties agree to the following amendments and revisions to the
Contract:
I. PROGRAM
In the original Contract, CITY a lloc ate d th e sum of One Hundred Sixty Thousand
Dollars and No Cents ($160,000) for the period of .July 1, 2016 to June 30, 2017 , in BMR AHF
funds to CORPORATION, for the purpose of implementing CORPORATION'S program
(hereinafter 11 Program").
Pursuant to this First Amendment to the Contract, CITY agrees to allocate additional
funds from its current BMR AHF budget to CORPORATION in the sum of One Hundred Sixty
Thousand Dollars and No Cents ($160,000) for the period of July 1, 2017 to June 30, 2018 for
CORPORATION to continue to implement the Program. The Program is more paiiicularly
described in Exhibits A-E to the Contract, and said Exhibits, as ma y be amended or modified , are
attached to this First Amendment and incorporated herein by reference.
1. Exhibit A: Program Description;
2. Exhibit B: Program Work Plan;
3. Exhibit C: Proposed Implementation Timeline Schedule;
4 . Exhibit D: Program Budget;
5. Exhibit E: B as ic Insurance and Bond Requirements For Non-Profit Contracts
The total budget for the Program and allocation of funds from July 1, 2016 through June
30, 2018 shall not ex ceed Three Hundred Twentv Thousand Dollars and No Cents
($320,000).
Page 1 of 14
FY 2017-18 Be low Market-Ra te (BMR) Affordab le Hou sing Fund (AHF) Cit y/Non-P rofit Contract Amendme nt
ll. TERM
The tenn of the Contract is extended for one year, from July 1, 2017 through June 30,
2018 , tmless otherwise amended or terminated earlier pursuant to Section VI or Section VII of
the Contract.
IV. OBLIGATIONS OF CORPORATION
Tn Paragraph C, Fiscal Responsibilities of CORPORA TJON, subparagraphs 6 and 7 are
amended and paragraphs 8 and 9 are added to r ead as follows:
6. Record the Regulatory Agreement against the property in the form attached as
Exhibit F, "Affordable Housing Regulatory Agreement and Declaration of Restrictive
Covenants."
7. Obtain all construction permits required to implement the Program.
8. Items (l) through (7) above are express conditions precedent to disbursement of
an y CITY funding and failure to comply with these conditions will , at discretion of CITY, result
in suspension of funding or tennination of the Contract and this First Amendment.
9. If CORPORATION does not use the Grant funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other somces.
CORPORATION is required to respond to any adverse findings which may lead to disallowed
costs subject to provisions of 0MB Circular A-122, "Cost Principles for Non-Profit
Organi za tions."
The following provision is added to the Contract:
J. Prevailing Wages. CORPORATION is required to become familiar and comply with all
local, state and federal laws and regulations pertaining to the Program. With respect to
complying with prevailing wages, CORPORATION will pay, and shall cause any consultants or
contractors to pay, prevailing wages in any construction work related to the Program as those
wages are dete rmined pursuant to California Labor Code section 1720 et seq. CORPORATION
will comply with a ll other a pplicable provisions of the California Labor Code Sections 1720 e t
~. and with the implementing regulations of the Department of Industrial Relations (the
"DIR"), including but not limited to:
a. require consultants or contractors to employ apprentices as required by California
Labor Code Section 1777.5 et gg., and the implementing regulations of the DIR and
to comply with the other applicable provisions of California Labor Code Sections
1720 et~., 1777.5 et gg., and implementing regulations of the DIR;
b. keep and retain , and cause consultants and contractors to keep and retain, such records
as are n ecessa ry to determin e if such preva iling wages have been paid as required
Page 2 of 14
FY 2017-18 Be lo w Market-Rate (BMR) Affordab le Hou sing Fund (AHF) Cit y/Non -Profit Contract Amendm e nt
pursuant to California Labor Code Section 1720 et~., and apprentices have been
emp lo ye d as required by California Labor Code Section 17 77.5 et~.;
c. post at the property, or cause the contractor to post at the Property, the applicable
prevailing rates of per diem wages . Copies of the currently applicable current per
diem prevailing wages are available from DIR;
d. cause contractors and subcontractors working on the Program to be registered as set
forth in California Labor Code Section 1725 .5;
e. cause contractors and subcontractors, in all calls for bids, bidding materials and
construction contract documents to specify that :
i. no contractor or subcontractor may be listed on a bid proposal nor be
awarded a contract.for construction related to this Program unless registered
with the DIR pursuant to California Lab or Code Sec. 1725.5,· and
ii . any construction work related to this Program is su~ject to compliance
monitoring and er!forcement by the DIR.
f. provide the City all information required by California Labor Code Section 1773.3 as
set forth in the DTR's on line forn1PWC-100 within 2 days of the award of any
contract (hnps:_.'\v,vw di r.ca.£;OD1Wc I O(kx r!);
g. cause contractors to post job site notices, as prescribed by regulation by the DIR ; and
h. cause contracto rs to furnish payroll records required by California Labor Code
Section 1776 directl y to the Labor Commissioner, at le ast monthly in the electronic
format prescribed by the Labor Commissioner.
CORPORATION agrees to ind emnify , hold hannless and defend (with counsel
reasonably acceptable to the City) the City against any claim for damages, compensation, fines,
penalties or other amounts arising out of the failure or alleged failure of any person or entity
(including CORPORATION, its contractor and subcontractors) to pay prevailing wages as
determined pursuant to California Labor Code Sections 1720 et seq., to employ apprentices
pursuant to California Labor Code Sections 1777.5 et seq., to meet the conditions of California
Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the
other app licable provisions of California Labor Code Sections 1720 et~., 1777.5 et~., and
1771.4, and the implementing regulations of the DIR , in connection with construction work
related to th e Program and subject Property. The requirements in this pro vision shall survive the
termination of the Contract.
Page 3 of 14
FY 20 l 7-18 Be lo w Mark et-R at e (BMR) Affordable Hou sing Fund (AHF) City /N on-Profit Conti-act Amendment
XVIII. MISCELLANEOUS
Paragraph C, Conflict ofinterest, is amended to read as follows:
C. Conflict of Interest.
l. General Provision. In accordance with Government Code Section l 090 and the
Political Refo1m Act, Government Code Section 87100 et seq., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person, or any elected or appointed official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to pa1iicipate in a decision -making process may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, during, or at
any time after, such person's tenure. CORPORATION shall exercise due diligence to ensure that
the prohibition in this section is followed.
Fmiher, no person who is a director, officer, patiner, trustee or employee or consultant of
CORPORATION, or immediate family member of any of the preceding, shall make or
pmiicipate in a decision, made by the CITY or a CITY board, commission or committee, if it is
reasonably foreseeable that the decision will have a material effect on an y source of incom e,
investment or interest in real prope1iy of that person or CORPORA TTON.
Interpretation of this section shall be governed by the definitions and provisions used in the
Political Refonn Act, Government Code Section 87100 et seq., its implementing regulations
manual and codes, and Government Code Section 1090.
2. Provisions Specifically Applicable to BMR Units. In addition to subparagraph (1)
above, the following individuals are ineligible to purchase or rent a BMR unit at the Property:
• CITY employees and officials (and their immediate family members and
dependents) who have policy-making authority or influence regarding CITY
housing programs, or who pmiicipate in making decisions regarding CITY
housing programs , administer CITY housing programs, or whose sala1y is paid in
any part from a ClTY housing program;
• Any consultant to the CTTY and employees of the consultant (and their immediate
family members and dependents) who have policy-making authority or influence
regarding CITY housing programs, or who participate in making decisions
regarding CITY housing programs, administer CITY housing programs , or whose
salary is paid in any paii from the Grant or any other CITY housing program .
These provisions regarding consultants apply to CORPORATION and its
employees, their immediate family members, and dependents ;
• The construction contractor for the Program and its officers and employees (and
their immediate family members and dependents); or
Page 4 of 14
FY 20 l 7-1 8 Below Ma rk et-R ate (BMR) Affordable Hou sing Fund (AHF) City/Non-Profi t Co ntract Amendment
• Any other individual who has a conflict of interest as defined by federal or state
law or those covered by the CITY's adopted Conflict of Interest Code.
CORPORATION shall annually inform the CITY if any of its employees are on the wait list for
BMR units and of their placement on the wait list. If an employee of CORPORATION is being
evaluated for the rental of a particular BMR lmit at the property, then all review, evaluation, and
decision regarding that BMR unit must be performed by the CTTY, not CORPORA TTON.
All Contract ten11S , covenants and conditions which are not herein amended, shall remain
in full force and effect.
IN WITNESS WHEREOF, the paiiies have exeCllted this First Amendment effective on the later
date shown below.
CORPORATION:
WEST VALLEY COMMUNITY SERVICES
OF SANTA CLARA COUNTY, INC.
By:
(print name)
-~~ k~
Josh Selo
Executive Director
Date
APPROVED AS TO FORNI AND
LEGALITY:
~ (o\q/l ~
cC\'</i.J Randolph Stevenson Hom
~ City Attorney
EXPENDITURE DISTRIBUTION
Date
CITY:
CITY OF CUPERTINO, a municipal
corporation:
arti Shrivastava
Assistant City Manager
ATTEST:
~2A.
Grace Schmidt
City Clerk
rlt /()~lo --17
Date
PO # 265-72-7 11-600-623
Origin a l Contract: $160 ,000
Amendment # I: $160,000
Total: $320.000
Page 5 of 14
FY 2017 -1 8 Below Market-Ra te (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Ame ndment
Agency Na:i;ne:
EXHIBIT A
PROJECT DESCRIPTION
FY 2017/18
DUNS:
West Valley Community Services (WVCS)
Executive Director: Project Manager: Project# (For Office Use Only)
Josh Selo Sujatha Venkatraman
Street Address: City: State: / Zip Code:
10104 Vista Drive Cupertino CA 95014
Telephone number: Fax Number: Manager E-mail
408-255-8033 sujathav@wvcommunityservices.org;
Name of Project:
Greenwood Court Renovation Project
Project Location:
10104 Vista Drive Cupertino, CA 95014
Project Description:
West Valley Community Services , Inc. (WVCS) is a private non-profit, community-based
agency that has been providing direct assistance and referral services to the West Valley
communities of Santa Clara County for over 40 years. Fotmded in 1973, WVCS provides a
continuum of basic needs , family support services, and housing, including information and
referrals, food pantry, transitional housing, affordable housing and placement, financial
assistance, family support, and case management services.
This project will help renovate WVCS's Transitional Housing Program to City of Cupertino
Below Market Rate units. This conversion with help increase the BMR inventory by adding four
more units to the cunent BMR inventory. These four units will house family sizes of three and
more. This will help families who are extremely low and very low families to be able to live and
work in Cupertino .
This project will help WVCS renovate the current units to make them more suitable for BMR
rental. For the last 25 years WVCS has operated the Transitional Housing Program which serves
the homeless and chronically homeless population. On average, this program serves 45
individuals and experiences a lot of transitions which has resulted in significant wear and tear in
the units. The transitional housing consists of four duplexes with three bed.rooms in the heart of
Cupertino.
The renovation work will include the cost of the material and labor for all four units . This
project will help replace the roof, fence repair, remodel the laundry room, electrical repair, and
landscaping at Greenwood Court.
Page 6 of 14
FY 2017-18 Below Ma rk et-R ate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Ame ndm ent
AGENCY NAIYIE:
PROJECT NAME:
EXHIBIT B
PROJECT WORK PLAN
FY 2017/18
West Valley Community Services
Greenwood Court Renovation Project
Benchmarks for Each Quarter
Objectives
pt 2nd 3rd 4th
Renovate I Rehab Existing Units 0 0 0 1
Page 7 of 14
TOTAL
1
FY 2017-18 Below Ma rket -R ate (BMR) Affordab le Housing Fund (AHF) City/Non-Profit Contract Amendment
EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2017/18
AGENCY NAME:
PROJECT NAME:
W est Valley Community Services
Greenwood Court Renov ation Project
Activity Number & Description:
I #1. Provide Access to Affordable Housing
Activi , # Jul Au Oct Nov Dec Jan Feb · Mar A r Ma
1 0 0 0 0 0 0 0 0 0 0
Page 8 of 14
FY 20 17-18 Be low Marke t-R ate (BMR) Afforda bl e Hous in g F und (A HF ) City /Non-P ro fit Co ntrnc t Amendment
Jun Total
1 1
AGENCY NAME:
PROJECT NAME:
EXHIBIT D
PROJECT BUDGET
FY 2017/18
West Valley Community Services
Greenwood Comt Renovation Project
Proposed Project Expenses
Salaries/Benefits /Payroll/Taxes
Contracted Services
Total Expenses
EXHIBIT E
FY 2017/18
$25,000
$135,000
$160,000
BASIC INSURANCE AND BOND REQUIREMENTS FOR
Page 9 of 14
FY 201 7-18 Be low lVfark et -R ate (BM R) Afforda ble Hous ing F und (A HF) Cit y/No n-P rofit Co ntrac t Ame ndm ent
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit Eis the patiy
contracting with the City of Cupertino for the direct distribution of BMR AHF funds .
Indemnity
The Contractor shall indemnify , defend, and hold ham1less the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage arising
out of, or in connection with performance of this Contract by Contractor and /or its agents ,
employees or subcontractors, excepting only loss , injury or damage caused solely by the acts or
omissions of personn el employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incuned with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract , or as may be further required
herein, the following insurance coverages and provisions :
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own fo1111 or a
fonn approved by th e City's Insurance Manager an original plus one copy of a Ce1iificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance caITier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. ln addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Depaiiment at the address set fo1ih in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thi1ty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
l 0300 Torre Avenue, Cupettino, CA 95014.
Page 10 of 14
FY 20 17 -1 8 B e low M ark e t-R a te (B l'v!R ) Afford a bl e H o us in g Fund (A HF) C it y/No n-Profi t C ontnic t A m e ndme nt
C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial si z e c atego1y rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance -for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000 ,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance -for bodily injmy (including death) and property
damage which provides limits as follows:
a. General limit per occurrence -$1 ,000,000
b. General limit aggregate -$2,000,000
c. Products/Completed Operations-$1,000 ,000 aggregate
d. Personal Injmy limit -$1,000 ,000
If coverage is prov ided under a Commercial General Liability Insurance fotm, the canier shall
provide the City Insurance Manager with a quaiierly rep01i of the amount of aggregate limits
expended to that date. If over 50% of the aggregate limits have been paid or reserved, the City
may require additional coverage to be purchased by the Contractor to restore the required limits .
3 . For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assLm1ed under this Contract.
d . Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability .
Page 11 of 14
FY 201 7-1 8 Be low Ma rk et-R ate (B MR ) Afford a bl e Ho us in g Fun d (A HF) City/N on-Profit Co ntr ac t Am endm ent
5.
6.
4. For either type of insurance , coverage shall include the following endorsements, copies of
which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of Cupertino, and
members of the City Council, and the officers, agents and employees of the City of
Cupertino, individually and collectively, as additional insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maint ained by the City of Cupertino, its officers, agen ts ,
and employees shall be excess only and not contributing with insurance provided under
this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company without 30
days prior written notice of such cancellation or reduction in coverage to the City of
Cupertino at the address shown on the Ce1iificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract with the
City of Cupertino.
e. Persona l Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is seeking
coverage or against whom a claim is made or a suit is brought, except with respect to the
Companis limit of liability.
Comprehensive Automobile Liability Insurance for bodily injury (including death) and
prope1iy damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
an d hired vehicles.
Worker's Compe nsation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
Page 12 of 14
FY 2017-18 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
7.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers , representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons /entities you contract with to provide you
with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. lf this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occmTence /event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requi rements.
8. Bond Requirements
Fidelity Bond -Before receiving compensation under this Contract, Contractor will furnish City
with evidence that all officials, employees, and agents handling or having access to funds
recei ve d or disbursed under this Contract, or authorized to sign or countersign checks, are
covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15 %) of
the maximum financial obligation of the City cited herein. If such bond is cancelled or reduced,
Contractor will notify City immediately, and City may withhold further payment to Contractor
until proper coverage has been obtained . Failure to give such notice may be cause for termination
of this Contract, at the option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insmance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fu lfilled by self-insurance on the part of the Contractor.
Page 13 of 14
FY 201 7-1 8 Be low Market -Rate (B MR) Affo rdable Ho us in g Fund (A HF) Cit y/Non -Profit Co ntra c t Ame ndm e nt
However, this shall not in any way limit liabilities assumed by the Contractor
w1der this Contract. The City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
Page 14 of 14
FY 2017-18 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non -Profi t Contract Amendment
City of Cupertino's
Below Market Rate Housing Program
Wellness Brown Bag Session
City staff will be hosting a brown bag session to share important
information about the City's BMR Ownership and Rental
Programs. Bring your lunch and join us to learn more about the
City's affordable housing program for yourself or for others!
join us to learn about
/ Priority Points for public agency. employees (YOU!)
/ Overview of the BMR Ownership Program
../ Overview of the BMR Rental Program
v How to join the 2018 waiting list
./ Requirements of the Program
/ Q&A
BMR Rental Program-2017 Income Limits
Household Size 1 2 3 4 5 6
Very-Low Income $41,800 $47,800 $53,750 $59,700 $64,500 $69 ,300
Low Income $59,400 $67,900 $76,400 $84,900 $91,650 $98,450
BMR Purchase Program-2017 Income Limits
Household Size 1 2 3 4 5 6
Med ian Income $79,300 $90,650 $101,950 $113 ,300 $122,350 $131,450
Moderate Income 95150 $108,750 $122,350 $135,950 $146,850 $157, 70
If you need additional information after this session, please
contact Kerri Heusler at kerrih@Cupertino.org
'*;J)h;
.,i/':,l·Monday ~· . ... '
:'.1': ... · Sept 25th
·;e~i 12:00noon -
~· ' . .
· ·-1':00pm
BELOW MARKET-RA TE (BMR) AFFORDABLE HOUSING FUND (AHF)
CITY/NON-PROFIT CONTRACT
(Services Only)
THIS Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit
Contract (the "Contract") is entered into between the CITY OF CUPERTINO, a political
subdivision of the State of California (hereinafter "CITY"), and
WEST VALLEY COMMUNITY SERVICES (WVCS)
OF SANTA CLARA COUNTY, INC.
a non-profit public benefit corporation (hereinafter "CORPORATION"). The allocation of funds
pursuant to this Contract will be a grant. CITY approved the allocation and disbursement of
Below Market-Rate (BMR) Affordable Housing Funds (AHF) funds (hereinafter "Grant") to
CORPORATION on April 19, 2016.
WITNESS ETH
WHEREAS, CITY has reserved a portion of its BMR AHF funds to be used on activities
that benefit Cupertino's residents; and,
WHEREAS, CITY has agreed to the use by CORPORATION of a portion of CITY'S
BMR AHF budget for the Program as described below to be operated within CITY and will
benefit low and very low-income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
CITY agrees to allocate a portion of its current BMR AHF budget to CORPORATION,
being the sum of One Hundred Sixty Thousand Dollars and No Cents ($160,000.00) for the
purpose of implementing the CORPORATION'S program (hereinafter "Program"), as more
particularly described in numerous exhibits marked as noted herein, attached to this Contract,
incorporated by this reference , as though fully set forth , as follows: Exhibit "A" (Program
Description), Exhibit "B " (Program Work Plan), Exhibit "C" (Proposed Implementation Time
Schedule), Exhibit "D" (Program Budget), and Exhibit "E" (Insurance and Bond Requirements).
II. TERM
A. The purpose of this Contract is for the CITY to disburse BMR AHF funds for eligible
activities. Unless amended prior to its expiration, the term of this Contract for disbursement
purposes will begin on July l, 2016 and will end on June 30, 2017 unless terminated earlier
pursuant to Section VII or Section VIII of this Contract.
B. The term of the expenditure by CORPORATION of the allocation provided for herein
will begin on July l, 2016 and terminate on the earliest of the following dates as set forth herein:
Page I of21
FY 20 16-1 7 Below Market-Rate (BMR) Affordab le Housing Fund (AHF) C ity/Non-Profit Contract
June 30, 2017 , or later date per amendment to this Contract; or upon the termination date
established pursuant to Section VII or Section VIII of this Contract.
III. SECOND YEAR RENEW AL OPTIONS
The term of this Contract may be extended by an amendment to disburse the CITY'S Grant
funds authorized by City Council for the fiscal year subsequent to the initial term of this
Contract, contingent on the following requirements and process:
A. Authorization by CITY to expend funds for the purposes of this Contract;
B. CITY'S appropriation of funds for this Program;
C. CORPORATION'S satisfactory performance, as determined by the CITY, of all it's
obligations as stated in this Contract;
D. Submission to CITY of Proof oflnsurance.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION will:
1. Provide CITY with copies of the following documents, evidencing filing with
the appropriate governmental agency:
a) Its Articles oflncorporation under the laws of the State of California;
b) A copy of the current Bylaws of CORPORATION;
c) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and,
e) An adopted copy of CORPORATION'S personnel policies and
procedures.
2. During the Contract term, immediately report any changes, subsequent to the
date of this Contract, in CORPORATION'S Articles oflncorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to DIRECTOR.
3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public, meetings of its Board of Directors, if required by
California's open meeting laws, except meetings, or pmiions thereof, dealing with
personnel or litigation matters or as otherwise provided by law.
Page 2 of21
FY 201 6-17 Be low Market-R ate (BMR) Afforda bl e Ho us in g Fu nd (A HF) C ity/Non-P ro fit Contract
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California and Federal Non-Profit Corporation
Laws.
7. Provide to the CITY a copy of a resolution authorizing the CORPORA TIO N's
execution of this Contract. The CORPORATION hereby warrants to the CITY that this
Contract is a legal, valid, and binding obligation of the CORPORATION enforceable in
accordance with its terms, and that the execution and delivery of this Contract and the
performance of the CORPORA TION's obligations have been duly authorized by the
CORPORATION.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino, for the purpose of
benefiting low and very low-income households.
2. File quarterly reports as required by CITY on the type and number of services
rendered through the operation of the PROGRAM, and a description of the beneficiaries
of these services, and which reports will evaluate the manner in which the PROGRAM is
achieving its objectives and goals according to the standards established by CITY. The
progress reports will be due ten days after the close of each reporting period and must
cover the three months immediately preceding the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster community cooperation and to avoid unnecessary duplication
of services.
4. Seek out and apply for other sources of revenue in support of its operation or
services from local, state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten days.
5. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate program-related publicity and
publications using words to the effect: "funded in whole or in part by the City of
Cupertino General Funds."
C. Fiscal Responsibilities of CORPORATION. CORPORATION will:
1. Appoint and submit the name of a fiscal agent who will be responsible for the
financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in
writing of the appointment of any new fiscal agent and that agent's name.
2. If the term of this Contract is extended by an amendment for a second
fiscal year, submit a satisfactory Audit within 150 days of CORPORA TION's fiscal year
encompassed by the first year of this Contract.
Page 3 of21
FY 20 16-1 7 Below Market-Rate (BMR) Affordable Housing Fund (A HF) C ity/No n-Profit Contract
3. Document all PROGRAM costs by maintaining records in accordance with
Section III, Paragraph D below.
4. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
Stlbmitted after the expiration of the Contract will be honored only for eligible charges
incurred during the Contract term. All invoices must be submitted by the Contract
expiration date or within such other time period specified by the CITY for this Contract
term. Funds not disbursed will be returned to the City for future reallocation.
5. Certify current and continuous insurance coverage, subject to CITY approval
and in accordance with requirements as outlined in Exhibit E, "Insurance and Bond
Requirements."
6. Items 1) through 5) above are express conditions precedent to disbursement of
any CITY funding and failure to comply with these conditions will, at discretion of
CITY, result in suspension of funding or termination of this Contract.
7. If CORPORATION does not use Grant funds in accordance with the
requirements of this Contract; CORPORATION is liable for repayment of all disallowed
costs. Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings, which may lead to
disallowed costs subject to provisions of OMB Circular A-122, "Cost Principles for Non-
Profit Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
1. Maintain complete and accurate records of all its transactions including, but
not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks,
bank statements, client statistical records, personnel, property and all other pertinent
records sufficient to reflect properly (a) all direct and indirect costs of whatever nature
claimed to have been incurred or anticipated to be incurred to perform this Contract or to
operate the PROGRAM, and (b) all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided for
the Program. Such data will include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information will be made available to CITY monitors for review upon request.
E. Preservation of Records . CORPORATION will preserve and make available its records:
1. Until five years following date of final payment of this contract, or
2. For such longer period, if any as is required by applicable law; or
Page 4 of2 I
FY 20 16-1 7 Below Marke t-R ate (BMR) Affordable Housin g Fund (AHF) City /No n-Profit Co nt ract
3. If this Contract is completely or patiially terminated, the records relating to the
work terminated will be preserved and made available for a period of fi v e years from the
date of termination.
F . Examination of Records and Facilities . At any time during nonnal business hours , and as
often as may be deemed necessary, CORPORATION agrees that the CITY, and/or any duly
authorized representatives may until expiration of (a) fiv e years after final payment under this
Contract , (b) five years from the date of termination of this Contract, or ( c) such longer period as
may be described by applicable law, have access to and the right to examine its plants, offices
and facilities used in the performance of this Contract or the operation of the PROGRAM, and
all its records with respect to the PROGRAM and all matters covered by this Contract.
CORPORATION also agrees that CITY or any duly authorized repres entatives will have the
right to audit, examine, and make excerpts or transactions of and from, such records and to make
audits of all contracts and subcontracts , invoices , payrolls , records of personnel, conditions of
employment, materials and all other data relating to the PROGRAM and matters covered by this
Contract. CORPORATION will be notified in advance that an audit will be conducted.
CORPORATION will be required to respond to any audit findings , and have the responses
included in the final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with and
cause all its subcontractors , independent contractors , and employees , if any, to become familiar
and comply with all applicable federal , state and local laws, ordinances , codes , regulations and
decrees.
H. Suspension and Termination . Suspension or termination of this Contract may occur if the
CORPORATION materially fails to comply with any term of the award , and that the award may
be terminated for convenience .
I. Reversion of Assets . Upon expiration or termination of this Contract, the
CORPORATION will transfer to the CITY any BMR AHF funds on hand at the time of
expiration and any accounts receivable attributable to the use of funds.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Contract, CITY shall disburse BMR AHF
funds to CORPORATION on a reimbursement basis unless otherwise provided herein for all
allowable costs and expenses incurred in connection with the PROGRAM, not to exceed the total
sum of One Hundred Sixty Thousand Dollars and No Cents ($160,000.00). CITY may, at
any time in its absolute discretion, elect to suspend or terminate payment to CORPORATION, in
whole or in part, pursuant to this Contract based on CORPORATION'S non-compliance,
including, but not limited to, incomplete documentation of expenses, failure to substantially meet
goals and objectives as required in Exhibit B , ("Program Work Plan"), failure to submit
adequate progress reports as required herein or other incidents of non-compliance as described in
Section VI , Paragraph B of this Contract or based on the refusal by CORPORATION to accept
any additional conditions that may be imposed by City at any time to ensure compliance with the
terms of this Contract.
Page 5 of2 l
FY 2 01 6-17 Be low Marke t-Rate (BMR) Affo rd a bl e Ho us ing Fund (A HF) C ity/Non-Profi t Cont ract
VI. PROGRAM COORDINATION
A. CITY. The CITY Executive will assign a single DIRECTOR for CITY who will render
overall supervision of the progress and performance of this Contract by CITY. All services
agreed to be performed by CITY will be at the overall direction of the DIRECTOR.
B. CORPORATION. As of the date hereof, CORPORATION has designated Josh Selo to
serve as EXECUTIVE DIRECTOR and to assume overall responsibility for the progress and
execution of this Contract. The CITY will be immediately notified in writing of the appointment
of a new EXECUTIVE DIRECTOR.
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY:
CORPORATION:
City of Cupertino
Attn: Senior Housing Planner
10300 Torre A venue
Cupertino, CA 95014
West Valley Community Services of Santa Clara County, Inc.
Attn: Executive Director
10104 Vista Drive
Cupertino, CA 95014
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services . Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of both CITY and CORPORATION. CORPORATION
must furnish all data, statements, records , information and reports necessary for DIRECTOR to
monitor, review and evaluate the performance of the PROGRAM and its components. CITY
will have the right to request the services of an outside agent to assist in any such evaluation.
Such services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision of this
Contract; CITY will have the right to require corrective action to enforce compliance with such
provision as well as the right to suspend or terminate this Contract. Examples of noncompliance
include, but are not limited to:
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to
CITY in connection with the PROGRAM.
I
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FY 20 16-1 7 Below Marke t-R ate (BMR) Affo rda bl e Housin g Fund (A HF) City/No n-P ro fit Co nt rac t
2. If there is pending litigation with respect to the performance by CORPORATION if
any of its duties or obligations under this Contract, which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM.
3. If CORPORATION has taken any action pertaining to the PROGRAM, which action
required CITY approval, and such approval was not obtained.
4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in
any material respect.
7. If CORPORATION fails to meet the stated objectives in Exhibit B ("Program Work
Plan").
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of immediately
terminating this Contract upon occurrence or discovery of noncompliance by CORPORATION
pursuant to this Contract, will have the right to give CORPORATION notice of CITY'S
intention to consider corrective action to enforce compliance. Such notice must indicate the
nature of the non-compliance and the procedure whereby CORPORATION will have the
opportunity to participate in formulating any corrective action recommendation. CITY will have
the right to require the presence of CORPORATION'S officer(s) and EXECUTIVE DIRECTOR
at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action recommendations in
accordance with the corrective action timetable, CITY may suspend payments hereunder or
terminate this Contract as set forth in Section VIII below.
VIII. TERMINATION
A. Termination for Calise . CITY may terminate this Contract by providing written notice to
CORPORATION, for any of the following reasons: uncorrected Contract non-compliance as
defined in Section VII, Paragraph B; CORPORATION is in bankruptcy or receivership; a
member of the CORPORATION'S Board of Directors or the executive director is found to have
committed fraud or; there is reliable evidence that CORPORATION is unable to complete the
Program as described in the attached Exhibits. The date of termination will be as specified in the
notice.
B. Termination for Convenience. In addition to the CITY'S right to terminate for cause set
forth in Section VII, either CITY or CORPORATION may suspend or terminate this Contract
for any reason by giving thi11y (30) days prior written notice to the other party. Upon receipt of
such notice, performance of the services hereunder will be immediately discontinued.
C . In the event that this Contract is te1minated, CORPORA TON may be required to return
funds to the CITY.
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FY 2016-17 Below Market-Rate (BMR) Afforda bl e Hou si ng Fund (A HF) C ity/Non-Profit Co ntract
D . Upon termination of this Contract, CORPORATION must immediately provide CITY
access to all documents, records, payroll , minutes of meetings, correspondence and all other data
pertaining to Grant made to CORPORATION pursuant to this Contract.
IX. PROGRAM INCOME
Income generated by the Program, is considered Program Income . CORPORATION will
annually report all program income generated by activities carried out with grant funds made
available under this Contract. By way of further limitations, CORPORATION may use such
income during the Contract period for activities permitted under this Contract and shall reduce
requests for additional funds by the amount of any such program income balance on hand. All
unused program income shall be returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership , joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
CITY is entering into this Contract based on the experience, skill, and ability to perform of the
CORPORATION . The CORPORATION recognizes that its qualifications and identify are of
particular concern to the CITY in view of the CITY's interest in providing services to lower
income persons and the CITY's reliance on the unique qualifications of the CORPORATION.
Consequently, this Contract may not be assigned to another CORPORATION , person,
partnership or any other entity without the prior written approval of CITY. None of the work or
services to be performed hereunder may be assigned , delegated or subcontracted to third parties
without the prior written approval of CITY, which the CITY may withhold in its sole discretion .
Copies of all third party contracts shall be submitted to CITY at least ten days prior to the
proposed effective date. In the event CITY approves of any such assignment, delegation or sub-
contract, the subcontractors, assignees or delegates CORPORATION shall remain fully liable for
all obligations and requirements under this Contract, including the performance and any
liabilities attaching to the assignees' actions or omissions.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CORPORATION agrees to maintain client records consistent with applicable laws regarding
personal privacy and obligations of confidentiality.
P age 8 of 21
FY 20 16-1 7 Below Market -R ate (BMR) Afforda bl e Hous ing Fu nd (A HF) City/No n-Pro fit Con trac t
XIII. HOLD HARMLESS
In addition to the indemnity obligations set fo1th in Exhibit E , "Insurance and Bond
Requirements ," CORPORATION will indemnify and hold hannless the CITY , its employees,
agents , and officials , members of boards and commissions , from any and all claims , actions ,
suits, charges and judgments whatsoev er , with respect to a ny dam ages, including attorney 's fees
and court costs , arising out of the failure of the CORPORATION's Program to comply with
applicable laws , ordinances , codes , regulations and decrees , including without limitation those
set forth in Exhibit E , "Certifications."
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment wh ile any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect touch
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the PROGRAM or this
Contract.
XV. N ON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino 's policies concerning nondiscrimination and equal opportunity in
contracting . Such laws include but are not limited to the following: Title VII of the Civil Rights
'Act of 1964 as amended ; Americans with Disabilities Act of 1990 ; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq .); and California Labor Code sections 1101 and1102 . CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion , sex/gender, sexual orientation, mental
disability , physical disability , medical condition , political beliefs, organizational affiliations , or
marital status in the recruitment, selection for training including apprenticeship, hiring ,
employment, utilization, promotion, layoff, rates of pay or other fonns of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age , race , color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability , physical disability, medical condition , political beliefs , organizational affiliations , or
marital status.
This non-discrimination provision must be included in CORPORATION 's contracts with sub-
contractors and vendors when utilizing the grant funds disbursed for this program .
XVI. AMENDMENTS
Other than the amendment related to a second year renewal option as stated in Section III. above,
amendments to the te1ms or conditions of this Contract must be requ ested in writing by a duly
Page 9 of 2 1
FY 20 16-1 7 Be low Market-Rate (BMR) Affo rda bl e Hou s in g Fu nd (A H F) City/Non-Profit Co nt ract
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto .
XVII.INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XVIII. MISCELLANEOUS
A. Headings . The captions and section headings used in this Contract are for convenience of
reference only, and the words contained herein will, in no way, be held to explain, modify ,
amplify or aid in the interpretation, construction or meaning of the provisions of this Contract.
B. Exhibits. All Exhibits attached hereto and referred to in this Contract are incorporated
herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit "A"
(PROGRAM Description), Exhibit "B" (PROGRAM Work Plan), Exhibit "C" (Proposed
Implementation Time Schedule), Exhibit "D" (Program Budget), and Exhibit "E" (Insurance and
Bond Requirements).
C. Conflict of Interest. In accordance with Government Code Section 1090 and the Political
Reform Act, Government Code Section 87100 et~., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person, or any elected or appointed official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to participate in a decision-making process, may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, during, or at
any time after, such person's tenure . The CORPORATION shall exercise due diligence to ensure
that the prohibition in this section is followed.
Further, no person who is a director, officer, partner, trustee or employee or consultant of the
CORPORATION, or immediate family member of any of the preceding, shall make or
participate in a decision, made by the CITY or a CITY board, commission or committee, if it is
reasonably foreseeable that the decision will have a material effect on any source of income,
investment or interest in real property of that person or the CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code Section 87100 et seq., its implementing regulations
manual and codes , and Government Code Section 1090.
D. Interpretation. Each party to this Contract has had an opportunity to review the Contract,
confer with legal counsel regarding the meaning of the Contract, and negotiate revisions to the
Contract. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret
any uncertainty in the meaning of the Contract.
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FY 2016 -1 7 Be low Market-Ra te (BMR) Affordabl e Hous ing Fund (A HF) City/Non -Profit Co nt ract
E. Third-Party Beneficiary. There shall be no third party beneficiaries to this Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Severability. If any term of this Contract is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions shall continue in full force and
effect unless the rights and obligations of the parties have been materially altered or abridged by
such invalidation, voiding or unenforceability.
Page 11 of21
FY 20 16-17 Below Market-Rate (BMR) Affordab le Housing Fund (A HF) C ity/Non-Profit Contract
IN WITNESS WHEREOF, the parties have executed this Contract the day and year above written. The parties
signing below hereby warrant that they are duly authorized to execute this Contract.
AGENCY: West Valley Community Services
(WVCS) of Santa Clara County, Inc.
By:
(print name)
Josh Selo
Executive Director
Date
APPROVED AS TO FORM AND
LEGALITY:
Randolph Stevenson Hom
City Attorney
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
265-72-711-700-702
PO#:
Original Contract (1 " Yr.):
Contract Amendment (2"d Yr.):
Total:
CITY OF CUPERTINO, a municipal
corporation:
By Dq u) 6rn.-J \
V~ (;z)
David Brandt
City Manager
ATTEST:
Grace Schmidt
City Clerk
AMOUNT
$160,000 .00
$0 .00
$160,000.00
Date
Date
Page 12 of21
FY 2016-17 Belo w Market-Rate (BMR) Affordable Hou sing Fund (AHF) City/Non-Profit Contract
Agency Name:
EXHIBIT A
PROGRAM DESCRIPTION
West Valley Community Services (WVCS) of Santa Clara Countv, Inc.
Executive Director : Project Manager:
Josh Selo Sujatha Venkatraman
Street Address: City:
10104 Vista Drive Cupe1tino
Telephone number: Fax Number:
408.255.8033 x103 408 .366.6090
Name of Project/Program:
10311 & 10321 Greenwood Court Renovation Proiect
Project/Program Location:
10311 & 10321 Greenwood Court, Cupertino, CA 95014
Project Description:
Grant# (For Office Use Only)
BMR-2016-4
State: / Zip Code :
CA 95014
Project Manager E-mail Address:
sujathav@wvcommunit~services.org
West Valley Community Services, Inc . (WVCS) is a private non-profit, community-based agency that has been
providing direct assistance and refeITal services to the West Valley communities of Santa Clara County for over 40
years. Founded in 1973, WVCS provides a continuum of basic needs , family support services, and housing,
including information and refeITals , food pantry, transitional housing, affordable housing and placement, financial
assistance , family support, and case management services.
This project will help renovate WVCS's Transition al Housing Program to Below Market Rate units. This conversion
with help increase the BMR inventory by adding four more units to the current BMR inventory . These four units will
house family sizes of four and more. This will help families who are extremely lo w and very low families to be able
to live and work in Cupertino. Since 1994 , WVCS has successfully administered and managed the affordable
housing program for the City of Cupertino.
This proposed project will help WVCS renovate the cu1Tent units to make them more suitable for BMR rental. For
the last 25 years WVCS has operated the Transitional Housing Program which serves the homeless and chronically
homeless population . On average, this program serves 45 individuals and experiences a lot of transitions which has
resulted in significant wear and tear in the units. The transitional housing consists of four duplexes with three
bedrooms in the heart of Cupertino. The renovation work will include the cost of the material and labor for all four
units .
The renovation work plan includes:
1. Kitchen cabinet and counter top replacement
2. Replacement of the refrigerator, dishwasher, and oven range
3 . Laminate flooring in the living area and stairs
4 . Replacement of bedroom carpets
5. Replacement of all doors
6. Replacement of closet doors
7 . Replacement of windows and patio screen doors
8. Drywall repair and interior painting
9. Replacement oflight fixtures to energy efficient bulbs
Page 13 of21
FY 20 16-17 Be low Market-Rate (BMR) Affordable Housin g Fund (AHF) City/Non-Profit Con tract
EXHIBITB
PROGRAM WORK PLAN
FY 2016/17
AGENCY NAME: West Vall ey Community Services (WVCS)
PROGRAM NAME: 10311 & 10321 Greenwood Comi Renovation Project
Benchmarks for Each Quarter
Objectives
l't 2"d 3rd 4111
Renovate/Rehab Existing Units 1 1 1 1
EX HIBIT C
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FY 20 16-17 Be low Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract
TOTAL
4
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2016/17
AGENCY NAME: West Valley Community Services (WVCS)
PROGRM NAME: 10311 & 10321 Greenwood Court Renovation Project
Activi N umber & Descri tion:
1. Reno va te /Rehab Existin Units
Activi # Jul Au Oct Nov Dec Jan Feb Mar Jun Total
1.) 0 0 1 0 0 1 0 0 1 1 4
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FY 20 16-17 Below Market-Rate (BMR) Afforda bl e Hous ing Fund (AHF) C ity/N on-Pro fit Cont rac t
EXHIBIT D
PROGRAM BUDGET
FY 2016/17
Agency Name: West Valley Community Serv ices (WVCS)
Project Name: 10311 & 10321 Greenwood Com1 Renovation Project
Proposed Pro.iect Expenses
Contracted Services
Other
Total Expenses
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FY 2016-17 Be low Marke t-Rate (BMR) Afforda bl e Housing Fund (A HF) City/Non-Profit Con tract
FY 2016/17
$160 ,000 .00
$0 .00
$160,000.00
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the party
contracting with the City of Cupertino for the direct distribution of BMR AHF funds.
Indemnity
Th e Contractor shall indemnify , defend , and hold harmless the City of Cupertino (hereinafter
"City"), its officers , agents and employees from any loss , liability , claim, injury or damage
arising out of, or in connection with performance of this Contract by Contractor and/or its agents ,
employees or subcontractors , excepting only loss , injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs , attorneys' fees , expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify , defend and hold hannless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract , or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon reque st.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This appro v al
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
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FY 2016-1 7 Below Market-Rate (BMR) Affordab le Hous ing Fun d (A HF) City/Non-Pro fit Co nt ract
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance -for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1 ,000 ,000)
combined single limit (CSL) per occurrence.
OR
2 . Commercial General Liability Insurance -for bodily Injury (including death) and
prope1iy damage which provides limits as follows:
a. General limit per occurrence -$1,000 ,000
b. General limit aggregate -$2 ,000,000
c . Products /Completed Operations-$1,000,000 aggregate
d. Personal Injury limit -$1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved, the City may require additional co v erage to be purchased by the Contractor
to restore the required limits.
3 . For either type of insurance, coverage shall include:
a. Premises and Operations
b . Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City .
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
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FY 20 16-17 Be low Marke t-Rate (BMR) Affordab le Housing Fund (A HF) City/Non -Profit Contract
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability .
4. For either type of insurance, coverage shall include the following endorsements , copies of
which shall be provided to the City :
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino , its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy .
c . Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d . Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e . Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage .
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned , non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
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FY 201 6-1 7 Below Mark et-Rate (BMR) Affordable Ho u sing Fun d (A HF) C ity/Non-Pro fi t Contrac t
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
b . Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7 . Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b . If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occmTence /event.
c . This coverage shall be maintained for a minimum of two (2) years following
tem1ination of this Contract.
The City must first approve any exceptions to the above requirements.
8 . Bond Requirements
Fidelity Bond -Before rece1vmg compensation under this Contract, Contractor will
furnish City with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Contract, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of
AT LEAST fifteen percent ( 15%) of the maximum financial obligation of the City cited
herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and
City may withhold further payment to Contractor until proper coverage has been
obtained . Failure to give such notice may be cause for termination of this Contract, at the
option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a . The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification .
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FY 2016-1 7 Below Market-R ate (BM R) Affordab le Housi ng Fun d (A HF) City/Non -Pro fi t Contract
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
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FY 2016-1 7 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract