20-103 Amendmnet #3 dated 6-23-23 Project Sentinel BMR AHF Affordable Placement Program1
THIRD AMENDMENT
TO BELOW MARKET-RATE (BMR) AFFORDABLE HOUSING FUND (AHF)
CITY/NON-PROFIT CONTRACT
(Services Only)
This Third Amendment to Contract is entered into between PROJECT SENTINEL
("CORPORATION") and the CITY OF CUPERTINO ("CITY") as of July 1, 2023 (the
"Effective Date") to amend the Below Market-Rate (BMR) Affordable Housing Fund (AHF)
Program Contract (the "Contract") dated July 1, 2020.
WITNESSETH
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;
THEREFORE, the parties agree as follows:
1. Section I, entitled "Program", is deleted in its entirety and replaced with the following:
For the period of July 1, 2020 to June 30, 2021, CITY agreed to allocate a portion of its BMR
AHF funds to CORPORATION in the sum of Fifty Thousand Dollars and No Cents ($50,000)
for the purpose of implementing the CORPORATION'S program, as more particularly described
in Exhibits A-D to the Contract (hereinafter "Program"), and said Exhibits set forth below, as
they may be amended or modified, are attached to this Contract and incorporated herein by
reference.
For the period of July 1, 2021 to June 30, 2022 CITY agrees to allocate a portion of its current
BMR AHF funds to CORPORATION in the sum of Fifty Thousand Dollars and No Cents
($50,000) for the purpose of implementing the CORPORATION'S Program.
For the period of July 1, 2022 to June 30, 2023 CITY agrees to allocate a portion of its current
BMR AHF funds to CORPORATION in the sum of Fifty Thousand Dollars and No Cents
($50,000) for the purpose of implementing the CORPORATION'S Program.
For the period of July 1, 2023 to June 30, 2024 CITY agrees to allocate a portion of its current
BMR AHF funds to CORPORATION in the sum of Fifty Thousand Dollars and No Cents
($50,000) for the purpose of implementing the CORPORATION'S Program.
Exhibit A: Program Description
Exhibit B-3: Program Work Plan
Exhibit C: Proposed Implementation Timeline Schedule
Exhibit D-3: Program Budget
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit Contracts
2
The total allocation for July 1, 2020 through June 30, 2024 shall not exceed Two Hundred
Thousand Dollars and No Cents ($200,000).
2. The following sentence is added to the end of subsection B of Section II, "Term,": The term of
this Contract (the "Term") has been extended once per this Section II.B to end on June 30, 2024,
unless otherwise amended or terminated earlier pursuant to Section VII or Section VIII of this
Contract.
3. Exhibits B-3 and D-3, attached hereto, are added to the CONTRACT.
4. Exhibit E to the CONTRACT is replaced with Exhibit E attached hereto.
5. All terms, covenants and conditions stated in the CONTRACT, which are not herein amended,
remain in full force and effect.
[Signatures on following page.]
Page 3 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
Effective Date.
CORPORATION: CITY:
PROJECT SENTINEL, a California CITY OF CUPERTINO, a municipal
nonprofit public benefit corporation corporation
___________________________________ __________________________________
Carole Conn Date Pamela Wu Date
Executive Director City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
___________________________________ _________________________________
Christopher Jensen Date Kirsten Squarcia Date
City Attorney City Clerk
EXPENDITURE DISTRIBUTION
PO # 2021-132
265-72-711-600-623
Original Contract: $50,000
Amendment #1 $50,000
Amendment #2 $50,000
Amendment #3 $50,000
Total $200,000
Carole Conn Jun 22, 2023
Christopher D. Jensen
Jun 23, 2023
Jun 23, 2023
Page 4 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
EXHIBIT A
PROGRAM DESCRIPTION
FY 2023/2024
Agency Name:
Project Sentinel
DUNS #:
Not Applicable (Only for
CDBG)
Executive Director:
Carole Conn
Program Manager:
Luis Espinoza
Program # (For Office Use
Only)265-72-711 600-623
Street Address:
1490 El Camino Real
City:
Santa Clara
State:
CA
Zip Code:
95050
Telephone number:
408-470-3735
Fax Number:
Program Manager E-mail
Address:
lei@housing.org
Name of Program:
Fair Housing & Tenant-Landlord Counseling & Dispute Resolution Services
Program Location:
1490 El Camino Real, Santa Clara, CA 95050
Program Description:
The proposal is submitted in support of Fair Housing, tenant-landlord counseling and
dispute resolution services for the City of Cupertino. The proposed tenant-landlord
counseling and dispute resolution activity educates tenants and landlords on their respective
rights and responsibilities, provides instruction on how to resolve housing problems, and
conducts dispute resolution services like mediation and conciliation to help resolve
problems.
Fair Housing services address the incidence of illegal housing discrimination by
investigating complaints, administering systemic audits, conducting community outreach
and education, and seeking redress for victims of such discrimination.
Page 5 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
EXHIBIT B-3
PROGRAM WORK PLAN
FY 2023/2024
AGENCY NAME: Project Sentinel
PROGRAM NAME: Fair Housing & Tenant-Landlord Counseling & Dispute Resolution
Services
Objectives Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
Information and Referral Calls (Total calls for FH and TLL) 25 25 25 25 100
Case Management (Total cases for FH and TLL) 9 8 9 9 35
Outreach: Public Presentation, tabling, collaborations s (Fair
Housing and TLL ) 1 1 1 1 4
Outreach: Distribution of FH and TLL literature (# of pcs of flyers) 75 75 75 75 300
Total Beneficiaries: 110 109 110 110 439
Page 6 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
EXHIBIT C-3
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2023/2024
AGENCY NAME: Project Sentinel
PROGRAM NAME: Fair Housing & Tenant-Landlord Counseling & Dispute Resolution
Services
Activity Number & Description:
Activity
# Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1.
2.
Page 7 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
EXHIBIT D-3
PROGRAM BUDGET
FY 2023-2024
AGENCY NAME: Project Sentinel
PROGRAM NAME: Fair Housing & Tenant-Landlord Counseling & Dispute Resolution
Services
Proposed Program Expenses FY 2023-24
Salaries/Benefits/Payroll/Taxes $40,564.00
Office Supplies
Communication $765.00
Publications/Printing/Advertising $80.00
Travel
Rent/Lease/Mortgage
Utilities
Insurance $380.00
Equipment Rental/Maintenance $1,000.00
Audit/Legal/Professional Services (for CDBG portion only)
Direct Services (Funding for specific service such as a meal, ride)
Contracted Services
Other (Matching Funds) $7,211.00
Total Expenses $50,000
Page 8 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
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
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, 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 program 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.
Page 9 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
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 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.
Page 10 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
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:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
Page 11 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
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.
Page 12 of 12
FY 2022-2023 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment
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.
BMR AHF Affordable Placement Program
Final Audit Report 2023-06-23
Created:2023-06-22
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAB4KhDNyCckMG_1rns7_XLzYtaAYQMDLt
"BMR AHF Affordable Placement Program" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-06-22 - 9:22:26 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-06-22 - 9:23:55 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-06-23 - 0:31:57 AM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to cconn@housing.org for signature
2023-06-23 - 0:31:58 AM GMT
Email viewed by cconn@housing.org
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Signer cconn@housing.org entered name at signing as Carole Conn
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Document e-signed by Carole Conn (cconn@housing.org)
Signature Date: 2023-06-23 - 1:23:48 AM GMT - Time Source: server- IP address: 73.158.255.234
Document emailed to christopherj@cupertino.org for signature
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Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-06-23 - 4:41:52 PM GMT - Time Source: server- IP address: 136.24.22.111
Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature
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Email viewed by Pamela Wu (pamelaw@cupertino.org)
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Document e-signed by Pamela Wu (pamelaw@cupertino.org)
Signature Date: 2023-06-23 - 5:16:21 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-06-23 - 5:59:21 PM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2023-06-23 - 5:59:21 PM GMT