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20-059 Amendment #2 dated 7-26-22 Housing Program for De Anza College Students1 SECOND AMENDMENT TO BELOW MARKET-RATE (BMR) AFFORDABLE HOUSING FUND (AHF) CITY/NON-PROFIT CONTRACT (Services Only) This Second Amendment to Contract is entered into between WEST VALLEY COMMUNITY SERVICES OF SANTA CLARA COUNTY INC. ("CORPORATION") and the CITY OF CUPERTINO ("CITY") as of July 1, 2022 (the "Effective Date") to amend the Below Market- Rate (BMR) Affordable Housing Fund (AHF) Program Contract (the "Contract") dated October 28, 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 October 28, 2020 to June 30, 2021, CITY agreed to allocate a portion of its BMR AHF funds to CORPORATION in the sum of Twenty Five Thousand Dollars and No Cents ($25,000) 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. 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 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 Twenty Five Thousand Dollars and No Cents ($25,000) for the purpose of implementing the CORPORATION’S Program. Iin the The total allocation for October 28, 2020 through June 30, 2023 shall not exceed Fifty Thousand Dollars and No Cents ($50,000). 2. Section II, "Term," is deleted in its entirety and replaced with the following: 2 A. The purpose of this Contract is for the CITY to disburse the Grant for eligible activities. B. The term of this Contract (the "Term") will begin on October 28, 2020 and will end on June 30, 2023, unless otherwise amended or terminated earlier pursuant to Section VII or Section VIII of this Contract. 4. 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 8 FY 2019-2020 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment IN WITNESS WHEREOF, the parties have executed this First Amendment as of the Effective Date. CORPORATION: CITY: West Valley Community Services, CITY OF CUPERTINO, a municipal California corporation nonprofit public benefit corporation ___________________________________ __________________________________ Josh Selo Date Benjamin Fu Date Executive Director Director of Community Development APPROVED AS TO FORM AND ATTEST: LEGALITY: ___________________________________ ___________________________________ Christopher Jensen Date Kirsten Squarcia Date City Attorney City Clerk EXPENDITURE DISTRIBUTION 265-72-711-600-623 Original Contract: $25,000 Amendment #1: $0 Amendment #2 $25,000 Total $50,000 Josh Selo Jul 25, 2022 Christopher D. Jensen Jul 25, 2022 Jul 25, 2022 Jul 26, 2022 Page 4 of 8 FY 2019-2020 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 D 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 Page 5 of 8 FY 2019-2020 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment 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 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. Page 6 of 8 FY 2019-2020 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment 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: Page 7 of 8 FY 2019-2020 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment 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 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. Page 8 of 8 FY 2019-2020 Below Market-Rate (BMR) Affordable Housing Fund (AHF) City/Non-Profit Contract Amendment 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. City of Cupertino Housing Assistance Grant for De Anza College Students Proposal for FY 2022-2023 A Survey of Basic Needs by De Anza college in spring 2020 revealed that 40% of De Anza students reported being housing insecure and 12% reported being homeless in the prior year. Lack of secure and affordable housing for college students continues to be a challenge for many students, and has only been exacerbated by the current pandemic as have unemployment and underemployment. As a partner in our efforts to address student housing insecurity, the City of Cupertino has committed to extend the $25,000 De Anza Housing Assistance Grant program for another fiscal year (7/1/22-6/30/23). De Anza College intends to use this funding to continue providing housing assistance through its partnership with West Valley Community Services (WVCS). Program goal and operational details Housing Assistance Program in partnership with WVCS: This program will provide housing assistance through eviction prevention, and direct assistance with move-in costs specifically targeted to De Anza College students. WVCS will not charge an administrative fee to provide these services. Program Goal The goal for this program is to provide housing assistance for up to 20 De Anza College students. Eligibility To be eligible for this program, students must be enrolled at De Anza College and meet the following criteria: •Currently enrolled in minimum of 6 units •Have already completed 12 units or more at De Anza •Have submitted the FAFSA or CADAA •Be eligible for the California College Promise Grant (CCPG, formerly BOG) •Be a resident of the City of Cupertino or moving to Cupertino •Be an existing client or will become a new client of WVCS Scope of Services and Operations -Each student will receive assistance ranging from $1000 one-time, up to a maximum aid amount of $2,000 per student. -Funds will be used directly for eviction prevention or move-in costs to support students maintain or secure stable housing so they may continue with their education at De Anza College. -De Anza College will do a targeted outreach about this program to students who meet the criteria. -De Anza College will pre-screen students who apply for assistance and refer eligible students to WVCS. -WVCS will then determine eligibility to receive funds based on their current Emergency Financial Assistance criteria for rental and move-in funds. -Payments will be made directly to the landlord. -WVCS will issue payments and work with the City of Cupertino on transfer of funds. -Once students are determined eligible by WVCS, that information will be shared with De Anza College. -De Anza College will post program information and related links on its website and promote the program as appropriate through its various student communications and social media platforms. Reporting De Anza College will provide ongoing status updates and quarterly reports to the City of Cupertino and partner agencies. Exhibit B-2 and C-1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/8/2022 (408) 792-5400 (408) 792-3670 18058 West Valley Community Services of Santa Clara County, Inc. 10104 Vista Drive Cupertino, CA 95014 39152 A 1,000,000 X PHPK2423898 6/1/2022 6/1/2023 100,000 5,000 1,000,000 3,000,000 1,000,000 SEXUAL ABUSE MO 1,000,000 1,000,000A PHPK2423898 6/1/2022 6/1/2023 2,000,000A PHUB818047 6/1/2022 6/1/2023 2,000,000 10,000 B SATIS0387201 12/31/2021 12/31/2022 1,000,000 1,000,000 1,000,000 RE: Events under written contract City of Cupertino, Its Officials & Employees named as an additional insured per form CG 2026 04/13 attached. Primary wording applies. Blanket Work Comp waiver endorsement WC 04 03 06 attached- (Form CIR attached) City of Cupertino, Its Officials & Employees Attn: Recreation & Community Services/Facilities 10300 Torre Avenue Cupertino, CA 95014 WESTVAL-05 MARIAVELASQUEZ NFP Property & Casualty Services, Inc. 160 West Santa Clara Street Suite 575San Jose, CA 95113 Philadelphia Indemnity Insurance Company Service American Indemnity Company X X X X X X X FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. NFP Property & Casualty Services, Inc. WESTVAL-05 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 West Valley Community Services of Santa Clara County, Inc.10104 Vista DriveCupertino, CA 95014 SEE PAGE 1 MARIAVELASQUEZ 1 CONTRACTUAL INSURANCE REQUIREMENTS The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company’s insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. NFP Property and Casualty Services, Inc. 160 West Santa Clara Street, Suite #575 CA License #0F15715 TELEPHONE: 408.792.5400 FAX: 408.792.3670 Housing Program for De Anza College Students Final Audit Report 2022-07-26 Created:2022-07-25 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAARtFoyAdgWmbAaogW_4PRxgKtZbIQxk2b "Housing Program for De Anza College Students" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-07-25 - 3:59:07 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-07-25 - 4:01:48 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-07-25 - 6:51:19 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to joshs@wvcommunityservices.org for signature 2022-07-25 - 6:51:22 PM GMT Email viewed by joshs@wvcommunityservices.org 2022-07-25 - 7:08:31 PM GMT- IP address: 66.249.84.241 Signer joshs@wvcommunityservices.org entered name at signing as Josh Selo 2022-07-25 - 7:14:25 PM GMT- IP address: 73.70.240.153 Document e-signed by Josh Selo (joshs@wvcommunityservices.org) Signature Date: 2022-07-25 - 7:14:26 PM GMT - Time Source: server- IP address: 73.70.240.153 Document emailed to christopherj@cupertino.org for signature 2022-07-25 - 7:14:28 PM GMT Email viewed by christopherj@cupertino.org 2022-07-25 - 7:14:54 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-07-25 - 7:15:12 PM GMT- IP address: 136.24.42.212 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-07-25 - 7:15:13 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2022-07-25 - 7:15:46 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2022-07-26 - 1:50:01 AM GMT- IP address: 104.47.73.254 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2022-07-26 - 1:50:29 AM GMT - Time Source: server- IP address: 73.189.98.179 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-07-26 - 1:50:31 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-07-26 - 3:32:28 PM GMT- IP address: 172.226.36.24 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-07-26 - 3:32:41 PM GMT - Time Source: server- IP address: 172.226.212.111 Agreement completed. 2022-07-26 - 3:32:41 PM GMT