CITY OF CUPERTINO
REQUEST FOR PROPOSAL
FOR
Below Market Rate Housing Program Administrator
[CDD-2025-827]
Issue Date:
November 3,
2025
Due Date:
December 3,
2025
Contact Person during Proposal Period:
Nicky Vu, Senior Housing Coordinator
Phone: 408-777-1347
[email protected]
COMMUNITY DEVELOPMENT DEPARTMENT
City Hall • 10300 Torre Avenue • Cupertino, CA 95014-3255
City of Cupertino RFP
BMR Program Administrator
REQUEST FOR PROPOSAL
CITY OF CUPERTINO
Contents
1. INVITATION ....................................................................................................................................... 1
2. PROJECT SCOPE OF WORK ............................................................................................................. 1
3. SUBCONSULTANTS .......................................................................................................................... 2
4. TENTATIVE TIMELINE ...................................................................................................................... 2
5. HOUSING COMMISSION MEETING .............................................................................................. 2
6. SUBMITTAL REQUIREMENTS ......................................................................................................... 2
7. CLARIFICATIONS AND QUESTIONS………………………………………………………………….7
8. SUBMITTAL PROCESS ...................................................................................................................... 7
9. EVALUATION PROCESS .................................................................................................................. 7
10. COST PROPOSAL ............................................................................................................................................................ 8
11. SELECTION CRITERIA ...................................................................................................................... 8
12. SELECTION PROCESS ...................................................................................................................... 9
13. DISCLAIMERS AND RESERVED RIGHTS ..................................................................................... 9
14. CONTRACT REQUIREMENTS ......................................................................................................... 9
ATTACHMENTS
ATTACHMENT A: Scope of Work
ATTACHMENT B: Sample Professional/Consulting Services Agreement ATTACHMENT C: Insurance Requirements
ATTACHMENT D: References for Portfolio
City of Cupertino RFP
BMR Program Administrator
1. INVITATION
The City of Cupertino (City) invites proposal submittals from qualified consultants to provide services to administer the City’s Below Market Rate (BMR) Housing Program on an annual fiscal year basis (July-June). The City has a population of approximately 60,000 resident and approximately 22,000 housing units. The City’s Housing Mitigation Program (BMR Program) was adopted in 1992 to generate affordable housing. The ordinance requires developers to provide a specified number of affordable owner-occupied and rental units. BMR for-sale units are made available to median and moderate-income households. BMR rental units are made available to low and very low-income households. The units are managed in accordance with City Council adopted guidelines, known as Policy and Procedures Manual for Administering Deed Restricted Affordable Housing Units (BMR Admin Manual) which is available on the City’s Housing website. These units are subject to deed restrictions which ensure that the units remain affordable for the longest possible period of time. Since the adoption of the BMR program, the City has secured 260 total BMR units, of which 118 units are for-sale units and 142 are rental units. The City is seeking to secure a firm that has the required experience, qualifications, expertise and resources to perform the services identified in this Request for Proposal (RFP).
The Consultant scope of services may include, but is not limited to the Administration Services, BMR Purchase Program Services, and BMR Rental Program Services listed in Attachment A – Scope of Work.
The City intends to review proposals received and select the highest qualified consultant based on the criteria listed in this RFP. The initial contract is expected to cover services for Fiscal Year 2026-27, however may be awarded to the selected vendor for multiple fiscal years, not to exceed four years. Additionally, the City may award a contract for one year and retain the right to extend the contract for additional one-year periods not to exceed a total of four years.
2. PROJECT SCOPE OF WORK
The Consultant will perform under the general direction of the Housing Division within the Community Development Department and consult with other City personnel in administration of the Below Market Rate Housing program. The scope of work includes general administration as the primary contact handling inquiries and correspondence from applicants, current homeowners and renters, and property managers; maintenance of the waitlist and lottery system, necessary marketing and outreach for the program; facilitation of sales and purchases of BMR units for ownership; initial pricing and improvement assessments for home valuation; facilitation of escrow closing and recordation of deed restricting documents; monitoring of units and properties for compliance with rent limits; income recertification of participating tenants; maintaining policies compliance with relevant federal, state, regional, and local guidelines for administering low-income housing units; and other tasks as more thoroughly detailed in Attachment A – Scope of Work. The Consultant will provide staff who will work offsite, but provide required staff to support the City while interacting with the community at outreach events and public hearings for the Housing Commission or City Council, as applicable.
City of Cupertino RFP
BMR Program Administrator
3. SUBCONSULTANTS
Subconsultants or subcontractors that will support the lead Consultant and may be included as a part of the project team should be identified. The City is committed to securing high quality services that will result in a successful program or project outcome. Subconsultant staff and experience shall be included in the response to this RFP.
4. TENTATIVE TIMELINE
The tentative RFP timeline is provided for the convenience of prospective proposers and is subject to change. Any such change will be stated in an addendum to this RFP. The tentative RFP timeline is as follows:
RFP EVENT DATE
Request for Proposals Released November 3, 2025
Deadline for Consultant Questions November 24, 2025 by 12:00 PM PST City Response to Questions Deadline November 26, 2025 by 5:00 PM PST Request for Proposals Due December 3, 2025 by 5:00 PM PST Evaluation of Proposals Winter 2025
Contract Award Spring 2026
5. HOUSING COMMISSION MEETING
The City announced the RFP during a meeting for prospective proposers to learn about the project and ask clarifying questions at a public hearing of the Housing Commission. The date and time of the meeting was as follows:
Date: October 23, 2025
Time: 5:30 PM PST
Duration: 30 minutes
Meeting Minutes: https://cupertino.legistar.com/Departments.aspx
6. SUBMITTAL REQUIREMENTS
The Proposal submittal is not to exceed 20 pages, excluding table of contents, cover letter, and resumes for key personnel. The City prefers a quality submission over quantity and succinct, responsive proposals are requested.
Consultant proposal submissions are to provide the following information:
• business type (corporation, partnership, sole proprietorship) • firm’s organization structure,
• background and general qualifications,
• subconsultants, and
City of Cupertino RFP
BMR Program Administrator
• recent experience with working in Below Market Rate Program Administration in California, particularly in the City of Cupertino and the San Francisco Bay Area.
MINIMUM QUALIFICATION
In order for the proposal to be considered responsive, the Consultant must meet the following minimum qualifications. Failure to meet these minimum qualifications may deem the proposal non-responsive.
1. Consultant, or its subconsultant, must provide one example of administrating a Below Market Rate Housing program for a city or county municipality. Identify the public agency, term of the contract and brief scope of work. Include a reference for the municipality.
Demonstration of these minimum qualifications shall be attached to the Cover Letter.
Proposal shall be organized by tabs/dividers in the order of the sections as outlined below to facilitate review, with subconsultant work identified within each task item:
A. Cover Letter - The cover letter of interest shall include an overview of the firm’s qualifications, specifically the minimum qualifications, and the name, address, and telephone number of the principal person the City shall contact regarding the proposal and DUNS number of the Consultant. Identify the location of the office(s) where the services will be performed. Additionally, include the signature(s) of the company officer(s) empowered to bind the firm, with the title of each (e.g., president, vice president, general partner), and the acknowledgment of the receipt of any addenda, by number, if issued for this Request for Proposals.
B. Firm and Project Team Qualifications and Experience – Provide examples of municipalities the consultant has previously or currently performed Below Market Rate (BMR) administration within the previous 10 years. Include details that highlight the public agency project scope, project manager, subconsultants, contract term, final contract cost and a single client contact for each example provided. Examples should represent the firm’s qualifications, expertise and technical capabilities to fulfill all services specified and required to successfully accomplish the scope of work in this RFP. (up to 20 points)
Identify the Project Manager and key staff involved in delivering the services outlined in this RFP. Identify the role of each and describe each team member’s experience, qualifications, and proposed role in the project. Relevant information includes related public sector experience; dates, approximate project cost and project duties/responsibilities.
Key firm personnel shall be referenced to personnel resumes (up to 2 pages each) included in the proposal. Identify any subconsultants expected to be used in support of this project including firm resume, key personnel staff resume, and qualifications relative to their supporting role. Include an organization chart that identifies working relationships with team members included. (up to 15 points)
City of Cupertino RFP
BMR Program Administrator
C. Work Plan Approach – Demonstrate your knowledge of the City of Cupertino’s current and pipeline BMR units, assume a reasonable count of resales and recertifications that will be required to maintain the portfolio, and plan for any required additions or reductions in work that varies between various years. In addition, provide a matrix with the annual workplan assumptions tailored to the size of the City’s BMR portfolio.
Changes in program size from each year should account for the growth of the portfolio from in progress housing developments and reductions from the loss of expiring units. (up to 20 points)
Present a well-developed approach to the Scope of Work, including procedures, methodologies, measures of effectiveness, team organization and scheduling of tasks to be performed as well as a statement outlining the anticipated involvement of City staff.
Describe the proposed approach for addressing the required services and the firm’s ability to meet the City’s schedule, outlining the approach that would be undertaken in providing the requested services. Additionally, identify an approach to resolve potential critical issues and other elements of concern.
Proposers are encouraged to suggest technical or procedural innovations that have been used successfully in BMR Administration and optional services may be used for the benefit of the program. List any specific use of technology programs that would streamline the timeline of delivery or provide a higher quality of service. (up to 15 points)
D. California/Bay Area Integration – Describe how your firm’s program delivery model remains current and reflective of the rapidly changing landscape of affordable housing law in the State of California and/or Bay Area region. Identify how administrative policy change impacts your program to further greater affordable housing goals or align with new regulations. Indicate any regional Housing efforts your firm engages with that may align the City of Cupertino’s BMR Administration program more integrated with BMR Administration programs in the Bay Area and/or state of California. (up to 10 points)
E. Cost Proposal and Fees – Provide a cost proposal to be evaluated with the initial submittal in accordance with Section 10. The cost proposal shall include the cost for tasks and hour and fee breakdown by the tasks detailed in the Scope of Work. Line items shall be broken out by subtask, when appropriate.
The cost proposal shall include a schedule of fees that correspond to the duties necessary to perform all work listed in Attachment A - Scope of Work. The schedule of fees should also include an hourly rate for various level of staff that will be used when completing tasks related to, but not included with, the base proposal.
Propose an annual cost breakdown that estimates the number of times each work item will need to be completed through an entire program year in alignment with the Work Plan approach. This calculation should be tailored to the size of the City of Cupertino’s BMR portfolio and the City’s specific procedures to be completed in the BMR Admin Manual. This will be used as the total annual funding request for the firm’s response to this RFP. (up to 20 points)
F. Contract Acceptance - The Consultant must specifically agree, in writing, to accept
City of Cupertino RFP
BMR Program Administrator
the Professional/Consulting Services agreement, including specifically the City’s Indemnification requirements and insurance coverage requirements, without modification, in the submitted proposal. If a Consultant has proposed changes to the Agreement, these must be submitted along with an explanation of the request as part of their response to this Request for Proposal. The City reserves the sole right to accept, reject or modify any proposed changes to the Agreement. Those documents are included as Attachments to this Request for Proposal (RFP).
G. Conflict of Interest - Consultant shall acknowledge that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of the services described in this Request for Proposals (RFP), and that it will not employ any person having such an interest.
7. CLARIFICATIONS AND QUESTIONS
Questions and requests for clarification and/or additional information shall be directed in writing via email to Nicky Vu at [email protected] by November 24, 2025, 12:00 pm PST.
Include “RFP for [CDD-2025-827 BMR Program Administrator]” in the subject line.
8. SUBMITTAL PROCESS
Interested firms must submit an electronic PDF format copy of their proposal to Nicky Vu at [email protected] by December, 3, 2025, 5:00 pm PST. Include “RFP for [CDD-2025-827 BMR Program Administrator]” in the subject line . If a cost proposal is requested with the RFP submittal, submit under separate cover to [email protected].
Make sure to follow all submittal instructions and include all required documents.
Submitting documents electronically can take more time than anticipated so please allow enough time to finalize your submission by the stated deadline. Hard copies in any form will not be accepted. No faxed submittals will be accepted. Electronic submittals are the only form of submittal that will be accepted.
The Consultant is responsible for all costs associated with the Proposal submission.
9. EVALUATION PROCESS
Proposals will be evaluated by the City evaluation committee. Points will be assigned based on the proposer’s qualifications, ability, approach, effectiveness and efficiency in supporting each item being rated with consideration for the selection criteria identified in Section 6.
Criteria Possible Points
1. Firm and Project Team Qualifications 35
City of Cupertino RFP
BMR Program Administrator
2. Cost Proposal and Fees 20
3. Work Plan Approach 35
4. California/Bay Area Integration 10
Total Possible Points 100
After City’s evaluation committee reviews all submitted written proposals, the top ranked Consultant’s may be invited to deliver a presentation and participate in an interview. The details of the interview will be provided in a letter provided to the Consultant’s invited. However, a final determination of the highest ranked proposer and recommendation to proceed with contract negotiations may occur without an interview selection process.
If an interview is conducted, it will occur after the proposals have been evaluated.
The evaluation committee will again rank the interviewed consultants and the highest ranked proposer will be identified, based on the best overall ranking among the committee members.
Contract negotiations will then begin with the highest ranked proposer. If negotiations with the highest ranked consultant are not successful, in consideration of either the scope or cost, the second ranked team will be invited to negotiate, and so on.
10. COST PROPOSAL
A cost proposal shall be submitted under separate cover to [email protected] prior to the submittal deadline. The cost proposal shall include all items outlined in Section 6E.
Line items shall be broken out by subtask , if appropriate . Proposers must provide a price for each item in the cost proposal, even optional tasks. If optional tasks are proposed, those shall be identified individually. Approval of the individual optional tasks is at the City’s discretion.
No markups shall be allowed on reimbursable expenses and the maximum markup on each subconsultant shall be 5%.
11. SELECTION CRITERIA
Highly qualified Consultants will demonstrate the following evaluative criteria listed below, not necessarily in order of importance, specifically in line with the evaluation criteria identified in Section 9:
• Prior experience performing similar types and magnitude of work. • Success and range of experience in previous administration work, including quality of work, success in meeting project deadlines, and success in meeting budgets • Qualifications and experience of key staff persons proposed to perform the work.
City of Cupertino RFP
BMR Program Administrator
• Specific approach or solutions that align best with the expected scope of work • Ability to adapt to changes and factors throughout the process that may affect the project outcome.
• Ability to provide a range of services that meet the project needs. • Special knowledge that demonstrates familiarity with greater Bay Area and California Housing efforts
• Understanding and experience related to local, regional, and state agencies. • Experience with Cupertino BMR programs and those in the greater Bay Area. • Providing a competitive and efficient cost pricing proposal
12. SELECTION PROCESS
The City’s Purchasing Officer will recommend to the awarding authority the highest ranked proposer who successfully negotiated scope and project cost with the City. The awarding authority’s acceptance of the proposal will be evidenced by a Notice of Award delivered to the selected consultant.
13. DISCLAIMERS AND RESERVED RIGHTS
This Request for Proposal does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal or participation in response to this RFP.
The City reserves the right to accept or reject any or all proposals received, waive any irregularities, negotiate with qualified proposers, select firms which, in its opinion, best serve the City’s interests or cancel the Request. The City reserves the right to reject any proposal that is determined to contain false, misleading, or materially incomplete information.
The City reserves the right to require any proposer to submit additional clarifying data or other information the City deems necessary to substantiate the costs presented by the proposer. The City may also require proposer to revise one or more elements of its proposal in accordance with contract negotiations.
14. CONTRACT REQUIREMENTS
Within ten calendar days of the date the selected Consultant is notified of award by the City it shall execute a standard City of Cupertino Professional/Consulting Services agreement. The Agreement will define basic contractual relationships with attachments that specify the Scope of Services, compensation schedule, and deliverable schedule. A sample City Professional/Consulting Services agreement is attached to this RFP as Attachment B. Note that the indemnity and insurance requirements that are included as Attachment C are identified in the agreements and must be accepted without modification.
Business License Requirements: The consultant and their subconsultants must hold or obtain business licenses in the City of Cupertino for any work within City limits. If work for the City of
City of Cupertino RFP
BMR Program Administrator
Cupertino is the only business within the City of Cupertino that the firm undertakes, no business license is required per City of Cupertino Municipal Code.
A completed Internal Revenue Service Form W-9 may also be required to establish the vendor in the City’s Financial System.
Failure of the selected consultant to make a timely submission may result in a rescission of acceptance of the proposal by the City and an award of the contract to another proposer.
City of Cupertino RFP
BMR Program Administrator
Attachment A – Scope of Work
I. Overview
The City of Cupertino (“City”) requires a qualified consultant to provide services to administer the City’s Below Market Rate (BMR) Housing Program.
II. Background
The City’s Housing Mitigation Program (BMR Program) was adopted in 1992 to generate affordable housing.
The ordinance requires developers to provide a specified number of affordable owner -occupied and rental units. BMR for-sale units are made available to median and moderate-income households. BMR rental units are made available to low and very low-income households. The units are managed in accordance with City Council adopted guidelines, known as Policy and Procedures Manual for Administering Deed Restricted Affordable Housing Units (BMR Admin Manual) which is available for view on the City’s Housing website.
These units are subject to deed restrictions which ensure that the units remain affordable for the longest possible period of time. Since the adoption of this ordinance, the City has secured 260 total BMR units, of which 118 units are for-sale units and 142 are rental units. In accordance with all applicable Federal, State, and local laws, the contract for BMR Program Administration services will include, but is not limited to the following:
III. Administration Services
• Consultant will be the primary contact for the BMR Program and will handle all inquiries and correspondence from applicants, current BMR homeowners and renters, and property managers in buildings with units restricted under the BMR Program.
• Consultant will advertise the BMR Program, as needed, to solicit buyers and renters for available units and to establish a waiting list.
• Consultant will maintain a waiting list of qualified buyers and renters in accordance with the BMR Program guidelines. Maintenance of the waiting list includes reviewing required annual applications to remain on the waiting list, assisting City staff to conduct an annual lottery for new applicants, and sorting all applicants into the appropriate priority point level within the waiting list. • Consultant will utilize the City’s procedures, ordinance(s), resolution(s), and guidelines in the implementation of the BMR Program.
• Consultant will provide suggestions to the City for potential modifications to the City’s application process, procedures, and/or guidelines to ensure effective operation of the BMR Program. • Consultant will maintain marketing content for the BMR Program, including flyers, website, and other material as needed.
• When requested by the City, Consultant will advise and assist City staff on matters related to the BMR Program.
• As necessary, Consultant will provide access to translation in other languages. • Consultant will manage all appeals submitted to the BMR Program.
City of Cupertino RFP
BMR Program Administrator
IV. BMR Purchase Program Services
• Consultant will manage the entire sale process from advertising of available units to completing the closing on the BMR unit.
• Consultant will prepare and maintain the sales schedule for City approval. • Upon receipt of one or more applications for the purchase of a unit, Consultant will ensure that each application is complete, verify eligibility, and confirm priority points. Consultant will rank the applications according to criteria in the City’s written guidelines and coordinate approval with the City. • Consultant will be available to answer any questions regarding the BMR Program and will help facilitate escrow closing. Consultant will also facilitate recordation of the resale restrictions, requests for notice of default, subordination agreements, and any other applicable documents with the title company prior to close of escrow.
• Consultant will maintain a list of local realtors and lenders interested in providing loans to qualified BMR Program applicants.
• Consultant will inspect prospective sales units, hold at least one “open house” for prospective buyers, assist buyers with locating a realtor, financing, coordinate appraisal, property and termite inspections, prepare disclosure statements, open and close escrows all in accordance with accepted real estate practices, and coordinate close of escrow to meet program deadlines (90 days in most cases). • Consultant will provide or arrange Home Buyer education consistent with U.S. Department of Housing and Urban Development (HUD) standards.
• Consultant will monitor BMR units annually to confirm program compliance and investigate and manage potential defaults.
• Consultant will review and process requests for refinancing of BMR homes and junior loans in accordance with BMR Program guidelines.
V. BMR Rental Program Services
• Consultant will manage entire rental process including advertising of available units. • Consultant will provide the property owner / manager of projects containing City BMR units with the most current income and rent guidelines upon issuance by HCD and HUD each year. • Consultant will monitor BMR unit rents annually to ensure compliance with the required affordable rent levels under the BMR Program.
• Consultant will advise the property owner / manager regarding their compliance with the BMR Program. • Consultant will verify the eligibility of prospective tenants qualified by the property manager. • Consultant will accept and review expedited re-applications submitted from displaced BMR tenants aiming to re-apply to the BMR list to be rehoused throughout the year. • Consultant will manage the entire recertification process annually to ensure renters maintain BMR Program eligibility. In the event that a renter no longer qualifies for the City’s BMR Program, consultant will work with the property manager to terminate the tenant’s BMR Program participation after the applicable appeal period has lapsed and to qualify a new applicant for that BMR unit.
City of Cupertino RFP
BMR Program Administrator
VI. Estimated Project Timeline
Consultant will perform the services for the program year identified in the Sc ope of Work Exhibit in this Agreement. This will include FY 26-27 (July 1, 2026 – June 30, 2027), but may include subsequent fiscal years (July 1, 2026 – June 30, 2029) at the City’s discretion to award an initial multi-year contract or retain the option to extend for additional on -year periods. Additional contract year awards may be based on total costs and available funding.
VII. Conflict of Interest
Consultant warrants that it has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of the services described in this agreement, and that it will not employ any person having such an interest. Consultant agrees to advise the City immediately if any conflict arises. Consultant further understands that it and its staff members must abide by all applicable statues, rules, and regulations regarding conflicts of interest, including the Political Reform Act, Government Code Section 1090, and implementing regulations, including Title 2, Division 6, Section 18700 of the California Code of Regulations.
City of Cupertino RFP
BMR Program Administrator
Attachment B
City of Cupertino RFP
BMR Program Administrator
City of Cupertino RFP
BMR Program Administrator
City of Cupertino RFP
BMR Program Administrator
City of Cupertino RFP
BMR Program Administrator
City of Cupertino RFP
BMR Program Administrator
City of Cupertino RFP
BMR Program Administrator
City of Cupertino RFP
BMR Program Administrator
City of Cupertino RFP
BMR Program Administrator
Attachment C
Attachment D – References for Portfolio
Pipeline Projects: https://www.cupertino.gov/Your-City/Departments/Community- Development/Planning/Major-Projects
Expiring Rental Units:
Apartment
Building
Units Expiration
Aviare 20 1/1/2028
Forge
Homestead 15 11/8/2027
Park (City
Center) 4 10/31/2026
Hamptons 34 10/20/2027
Arioso 20 1/29/2028
Biltmore 2 8/30/2029
Aviare 2 7/8/2038
Markham 17 11/4/2039
TOTAL 114