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PROFESSIONAL SERVICES AGREEMENT
FOR
PROPERTY MANAGEMENT AND LEASING
This Agreement is made and entered into as of th e 24th day of February 2021 by and between the City of Foster City hereinafter called "CITY" and HIP Housing Affordable Ventures, INC. hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
A. That CITY desires to engage CONSULTANT to provide professional services in the CITY;
B. That CONSULTANT is qualified to provide such services to the CITY and;
C. That the CITY has elected to engage the services of CONSULTANT upon the terms and conditions as hereinafter set forth.
1. Services. The service s to be performed by CONSULTANT under this Agreement shall inc lude those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified i n said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede a nd prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall be for a period of one year commencing on the date of this Agreement, and terminating on the first anniversary of the commencement date. This Agreement, i f not extended in writing by Owner and Agent prior to the termination date, shall be deemed a month to month agreement terminable by either party upon 30 days written notice. (b) Notwithstanding the provisions of (a) abov e, either party may terminate this Agreement without cause by giving written notice not less than ten (10) days prior to the effective date of termination, which date shall be included in said n otice. In the event of such termination, CITY shall compensate CONSULTANT for services rendered, and reimburse CONTRACTOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertain ing the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement f or cause, or DocuSign Envelope ID: 944C7081-CA27-4DB2-B2A6-6419D278DBBF
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otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.
3. Compensation; Expenses; Payment . CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during t he time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” her eof, attached hereto and by this reference incorporated herein.
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum forty- five thousand dollars ($45,000). Invoices for amount s in exc ess of forty- five thousand dollars ($45,000) shall not be paid unless the performan ce of services and/or reimbursement of costs and expense s in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made a nd carried and a written contract amendment having been executed.
Compensation and reimbursement of costs and e xpenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.
4. Additional Services . In the event CITY desires the performance of additional services not otherwise included within the servi ces described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $ 50,000 or more) by motion dul y made and carried. Such amendment to thi s Agreement shall include a description of the services to be performed thereunder, the maximum compensation a nd reimbursement of costs and expenses payable there for, t he time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms an d conditions of this Agreement shall be deemed incorporated in each such amendment.
5. Records. CONSULTANT shall keep and maintain accurate recor ds of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as other wise agre ed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
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7. Reliance on Profess ional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills t o perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and pe rform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consu lting ser vices similar to those to be performed by CONSULTANT hereunder.
8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, sh all, upon preparation and delivery to CITY, become the property of CITY.
9. Relationship of Parties . It is u nderstood that the relationship of CONSULTANT to the CITY is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY.
10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provid ed, that CITY shall grant reasonable extensions of time for the performance of such serv ices occa sioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strik es, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save ha rmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, wh ich may be brought against, o r suffered or sust ained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or a lleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduc t of CONSULTANT, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.
The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set f orth in Section 2778 of the California Ci vil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement Di strict, its Council, boards, commissions, officers, employees and agents against any res ponsibility or liability in contravention of Section 2782 of the California Civil Code.
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CONSULTANT’s responsibility for such defense and indemnity obligations shall su rvive the termination or completion of this Agr eement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and sh all not in any way be limited by, the insurance obligations contained within this Agreement.
12. Insurance. CONSULTANT shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non -owned and hired auto mobile liability, and professional liability insurance coverage relating to CONSULTANT’s services to be p erformed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of covera ge corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:
Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury,
personal injury and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage
required to the extent applic able to
CONSULTANT’s vehicle usage in
performing services hereunder)
1Professional Liability $1,000,000 per claim and aggregate
It shall be a re quirement under this Agreement that any available insurance proceeds broader than or in excess of the specifie d minimum insurance coverage requirements and/or limits sh all be available to the CITY as an Additional I nsured. Furthermore, the requirements fo r coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agr eement or (2) the broader
1 Note: Professional liability insurance coverage is not required if the CONSU LTANT is not providing a service regulated by the state. (Examples of service providers regulated by the state are insurance agents, professional engi neers, doctors, certif ied publi c a ccountants, lawyers, etc.) Please check and initial the following if p rofessional liability is NOT required for this agreement. Recommended ______ [Project Manager] Approved _______[Risk Manager]
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coverage and maximum limits of c overage of any insurance policy or proceeds available to the named Insured.
CONSULTANT agrees t o include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requiremen ts to the extent they apply to the scope of the subcontractor’s work. Subcontractors hi red by CONSULTANT shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement and its a ccompanying documents. Subcontractors shall fu rther agree to include these same provisi ons with any sub - subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be f urnished to the Subcontractor upon request.
CONSULTANT shall require all subcontractors to provide a val id certificate of insurance and the requi red endor sements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.
Concurrently with the execution of this Agreement, CON SULTANT shall furnish CITY, on the form i ncluded a s Exhibit D or similar form, with certificates and copies of information or declaration pages of the insurance required hereunder to be included as Exhibit C h ereto. With respect to evidence of commercial general liability and automobile liabilit y insurance coverage, CONSULTANT must also include in Exhibit C the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 d ays for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;
(b) Naming the City of Foster City and Estero Mun icipal Improvement District, its Council, offic ers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing that CONSULTANT’s insurance coverage shall be primary insu rance with respect to City of Foster City and Estero Municipal Improvement District, its Council, officer s, boards, commissions, employees, and ag ents, and any insurance or self - insurance maintained by CITY for itself, its Council, officers, boards, commis sions, employees, or agents shall be in excess of CONSULTANT’s insurance and not contributory with it.
CONSULTANT and its insurer may not seek co ntribution from CITY’s insurance or self-insurance.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or exc ess insurance. Any umbrella or excess insuranc e shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of CITY, to the extent required by this Agreement, DocuSign Envelope ID: 944C7081-CA27-4DB2-B2A6-6419D278DBBF 6 Updated 2/28/2019
before the CITY’s insurance or self -insurance may be called upon to protect CITY as a named Insured.
All sel f-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that t he SIR may be satisfied by either the nam ed CONSULTANT/Named Insured or CITY.
CITY reserves the right to obtain a full certified copy of any insuran ce policy and endorsements. Failure to exercise this righ t shall not constitute a waiver of right to exercise later.
Any and all Subcontractors shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Subcontractors shall furt her agree to include the same requirements and provisions of this Agreement, including t he indemn ity and insurance requirements, in any agreement with sub-subcontractors to the extent that they appl y to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subc ontractor upon request.
CONSULTANT shall maintain insurance as required by this Agreement to the fullest amou nt allowed by law and shall maintain in surance for a minimum of five (5) years following completion of th is project or service.
In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and t he cost will be paid by CONSULTANT.
13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are em ployed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall i nclude, b ut not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection f or training, including apprenticeship. T he CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabili ties Act (Public Law 101 -336) which DocuSign Envelope ID: 944C7081-CA27-4DB2-B2A6-6419D278DBBF 7 Updated 2/28/2019
prohibits discriminati on on the basis of disability by public entitie s. The CONSULTANT agrees to post in cons picuous p laces available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
15. Notice. All notices required by this Agreeme nt shall be given to the CITY and CONSULTANT in wr iting, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Marlene Subhashini
CONSULTANT: HIP Housing Affordable Ventures INC
800 S Claremont St #210
San Mateo, CA 94402
Steven McDonald, Vice President
(650) 348-6660
[email protected]
16. Non-Assignment. This Agreeme nt is not assignable either in whole or in part.
17. Amendments. This Agreement may be amended or modif ied only by written agreement signed by both parties.
18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of a ny other provision of this Agreement.
19. Governing Law . This Agreement shall be gover ned by th e laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of li tigation between the parties hereto to enforce any provision of the Agreem ent, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dis pute arise out of this Agreemen t, the parties shall meet in mediation and attempt to reach a resolution w ith the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and mak ing a good faith attempt to rea ch a mediated resolution. The costs of the mediator, if any, shall be pai d equally by t he partie s. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and ea ch party shall bear its own leg al costs.
21. Conflict of Interest. CONSULTANT may serve other clients, but none who are active within the City of Foster City or who conduct business that DocuSign Envelope ID: 944C7081-CA27-4DB2-B2A6-6419D278DBBF 8 Updated 2/28/2019
would place CONSULTANT in a "conflict of interest" as that term is defined in State law.
22. Entire Agreement . This Agreement, including Exhibit s A, B C, and D , comprises the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their res pective officers duly authorize d in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________ Peter Pirnejad, City Manager
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Jean B. Savaree, City Attorney
HIP HOUSING AFFORDABLE VENTURES
INC
Dated:
Steven McDonald, Vice President
DocuSign Envelope ID: 944C7081-CA27-4DB2-B2A6-6419D278DBBF 3/5/2021 | 3:30 PM PST
3/9/2021 | 4:27 PM PST
3/9/2021 | 10:35 PM PST
3/10/2021 | 8:49 AM PST
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EXHIBIT A
SCOPE OF WORK AND SCHEDULE
FOR
EXISTING UNIT PURCHASE PROGRAM
1. Services to be Performed b y Agent. Agent shall lease, operate, maintain, manage and repair the Properties. Attached as Exhibit E is a list of the Properties as of the date of this Agreement. Perform all usual and customary management functions to facilitate the effici ent operation of the Propertie s f or the purposes described in this Agreement. Agent shall perform these duties with due diligence. W ithout limiting the generality of the foregoing, Agent shall do all of the following:
A. Leasing. Agent shall advertise in the Foster City Islander and/or other media as determined in consultation with Owner when a vacancy occurs , select qualified tenants and lease the Properties in accordance with the Leasing Guidelines attached hereto as Exhibit F. The Leasing Guidelines may be changed from time to time by mutual a greement. Agent shall develop the forms of lease application and lease agreement to be used for the Properties, which forms shall be subject to the prior approval of Owner. Agent shall enter into the leases as agen t on behalf of Owner. A copy o f t he l ease application and f ully-executed l ease, a long with the certification of income verification and household s ize on a Tenant Income Certificatio n (TIC) form provided by Agent shall be sent to Owner within 15 days after execution of the lease.
Agent shall maintain individual tenant files containing a copy of the lease, verification of income form, notices and all correspondence with the tenant. All tenant files shall be maintained a minimum of 4 years after the tenant has vacated the Property.
B. Collection of Rent. Agent shall ensure that all rents and any other moneys payable under the leases are paid by the tenants of the Properties in a timely manner. Agent shall require that rents and any other moneys payable under the leases are paid directly t o the Owner. On the 6th day of each month Owner shall notify Agent and Agent's designated Property Management Company when rent has not been received. Notification may be by email, letter or fax as determined by the owner.
C. Enforcement of Leases. Agent shall secure full compliance by each tenant with the terms of its lease. Upon default by a tenant, Agent shall pursue legal remedies in accorda nce with applicable California law for recovery of the leased premises. For this purpose, Agent is authorized to sign and serve in the name of the Owner s uch notices as are appropriate, to institute and prosecute actions to evict tenants and to recover possession of the Property in the name of the Owner, to recover rents and other sum s due and when expedient to se ttle, compromise and release such actions or suits or reinstate such tenancies. Agent shall keep Owner informed of such warnings and/or actions a nd shall follow any instructions of Owner as Owner may reasonably prescribe for t he conduct of any such action. Agent may n ot pursue monetary damages against a tenant without the prior written consent of Owner.
D. Maintenance and Re pair. Agent shall main tain the Properties in good condition and repair at all times. Agent shall quickl y repair or cause to be repaired any item brought to its attention by Owner or a tenant or that is observed by the Agent.
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Agent shall perform site inspections at the end of the first month of tenancy and annually thereafter to ascertain the condition of th e Properties. For this purpose, and as limited in this paragraph, Agent is authorized to make or cause to be ma de and supervise repairs, alterations, landscaping and decorating on the Properties. Agent may enter into service contracts with unaffiliated third parties for the performance of services hereunder, provided each contract shall be terminable by Owner upon 30 days written notice. Front yard landscaping shall be maintained by a landscaping firm hired by Agent. Any single expenditure in excess of $300 and cumulative expenditures in excess of $500 per Property shall require the prior written consent of Owner. Owner's prior consent shall not be necessary with respect to monthly or recurring operating charges and emergency repairs that are necessary, in the opinion of the Agent, to p rotect the Properties from damage, to prevent bodily harm or property damage, to avoid the suspension of services, to avoid penalties or fines and to maintain the services required under the lease to be provided to the tenant. Agent shall obtain three bids for any work which exceeds $10,000 and shall submit the bids to the Owner for approval. Agent shall work diligently to complete all repairs in a timely manner and in particular when a Property is vacant so the Property can b e promptly leased to another t enant. Excep t under unusual circumstances, the Properties should be vacant no more than 30 days.
Agent shall notify Owner whenever a Property will be vacant more than 30 days. Upon acquisition of a Property by Owner and upon t he vacancy of a Property follo wing the termination of a tenancy, Agent shall promptly inspect the Property and determine a course of action to perform all necessary repairs and improvements. Agent shall notify Owner of the course of action and unless Owner objects within 10 days from r eceipt of Agent's notice, Agent may proceed to perform the repairs and impro vements. At the direction of the Owner, inspections, repairs and improvements may be performed by employees of the City of Foster City.
E. Taxes and Assessments. Taxes and assess ments shall be paid directly by Owner and not by Agent. Agent shall promptly deliver to Owner notices relating to taxes and assessments received by Agent.
F. Employees. Agent shall hire, discharge and supervise all employees required for the operation and maintenance of the Properties. All employees performing work (other than th e City employees specifically designated by Owner to perform inspection and repair work) shall be employees of Agent and not Owner. Agent shall comply with all applicable laws and regulations concerning worker's compensation, social security, unemployment insurance, hours of labor, wages, working conditions and all other rules and regulations governing employees.
G. Annual Bud get. No later than March 1 of each year, Agent shall deliver to Owner a proposed budget for the following fiscal year (July 1 -June 30), for all major operating and other expenses including (i) repairs and maintenance of building components that in Agent’s estimation exceed $1,000 ; (ii) cleaning following the termination o f a lease; (iii) landscaping; (iv) capital expendit ures such as roof repairs and replacements; and (v) any other costs and expenses relating to the Properties.
Owner shall accept or reject the proposed budget withi n 30 days after its receipt. I f Owner rejects, Owner and Agent shall meet in good faith to re solve their differences.
Once the budget is agreed upon, Agent shall perform its services in accordance with the budget. If additional properties are added, Agent shall modify the budget accordingly
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2. Accounts.
A. Disbursements. Owner will make disbursements from the Operating Account to pay all expenses of the Properties which are the obligations of Owner and are authorized to be incurred by Agent under the terms of this Agreement, including Agent's Fees as described above in paragraph 4.
B. Security Deposits. Security deposits collected by Agent shall be submitted to Owner. Security deposits shaII be returned to tenants pursuant to the terms of the leases and in strict accordance with California law.
3. Records. Agent shall establish and maintain a comprehensive system of, tenant and property records and work order log for the Properties separate and apart from any other properties Agent owns or man ages. The work order log shall be submitted to Owner on the first of each month or upon request. All records shall be the property of Owner and shall be available for examination at reasonable hours by any authorized representative of Owner. For each expen diture, Agent shall have invoices submitted directly to the Owner for payment with the property address on each invoice.
4. Reports.
A. Monthly. At the end of the first month of a tenancy, Agen t shall perform a site visit and inspection. Following the inspection, Agent shall send a written report of the inspection to the Owner.
B. Annually. On March 1 of each calendar year, Agent shall provide Owner with the following reports:
(i) A certification of the income of each current resident as of the date of the last inco me certification, the current rent charged each resident and the amount of any utilities included in the rent. Owner may specify the format for this report.
(ii) An inspection report, including a list of any materi al physical defects in the Properties, including a description of any major repair or maintenance work to be performed in the following year.
(iii) A statement regarding the general management of the Properties, including information about tenant relations, communications from tenants, the physical condition of the Properti es and any o ther information deemed relevant by Agent or requested by Owner.
(iv) A list of the expiration dates of each lease.
5. Fidelity Bond. Agent will furnish, at Agent' s expense, a fidelity bond in the amount of $20, 000, to protect the Owner agai nst misapplication of funds from the Properties by Agent and its employees.
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EXHIBIT B
CONSULTANT’S FEE SCHEDULE
Agent's Fees. As compensation for Agent's services hereunder, Owner shall pay to Agent (a) a management fee eq ual to $ 230.00 per unit per mo nth, paid monthly in arrears; and (b) a leasing fee equal to $1,000.00 paid from the initial rental payment; and (c) a rehab admi nistration and supervision fee equal to 10% of the value of initial rehab work conducted immediately after initial acquisition of the Property to prepare the Property for tenancy. For services which are not enumerated in this Agreement, Agent and Owner sha ll mutually agree upon any additional fee to be paid to Agent. Services which are not included in this Agreement include management and supervision services relating to fire restoration or major rehabilitation. The total amount of compensation to be paid under this contract shall be less than $45,000.
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EXHIBIT C
INSURANCE FORMS
CONSULTANT shall pr ovide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in Section 12 - INSURANCE of the Agreement on the attached form. No substitute form will be accepted.
ATTACHED
1. Insurance Coverage Form
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EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, offici als, employees and volunteers are included as insureds with regard to damages and defense of clai ms arising from: (Chec k all that apply)
Insurer Policy
No.
General Liability : (a) act ivities performed by or on behalf of the Named Insured, (b) products and completed o perations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. { Note:
MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liabil ity: the own ership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Addi tional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement ne eded) (Check all that apply)
Insurer Policy
No.
Workers Compensat ion: work pe rformed by employees of the Named Insured while those e mployees are engaged i n work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy ap plies separately to each insur ed who is se eking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED' S DUTIES AFTER ACCIDENT OR LOSS : Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspend ed, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior writt en notice (ten (10) da ys if canceled due to non -payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SU BROGATION: The insurer(s) named above agree to waive al l rights of subrogatio n against the CITY, its elected or appointed officers, officials, agents, volunteer s a nd employees for losses paid under the terms of thi s policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, ______________________________________________________________(print/type name), warra nt that I have authori ty to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)
ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
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EXHIBIT E
PROPERTIES
1. Five bedroom house at 833 Gull Avenue, Foster City.
2. Duplex at 631/633 Comet Drive, Foster City (two bedroom unit and three bedroom unit).
3. Duplex at 833/835 Comet Drive., Foster City (two bedroom unit and three bedroom unit).
4. Single family house at 398 Chesapeake Avenue, Foster City (three bedroom unit).
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EXHIBIT F
LEASE GUIDELINES
1. Eligible Households (Priorities as de termined by Community Development Agency Minute Order No. 18 and Resolution No. 2020-24):
A. First priority: Very low income tenants (as defined in California Health and Safety Code Section 50105) who are currently living in a Below Market Rate deed restricted unit i n Foster City, and have been so for at least twelve (12) months, whose unit is subject to termination of affordability restrictions within three (3) years;
B. Second priority: Low income tenants (as defined in Cal ifornia Health and Safety Code Section 50105) who are currently living in a Below Market Rate deed restricted unit in Foster City, and have been so for at least twelve (12) months, whose unit is subject to termination of affordability restrictions within three (3) years;
C. Third priority: Very l ow income tenants (as defined in California Health and Safety Code Section 50105) living and working in Foster City.
D. Fourth priority: Low income tenants (as defined in California Health and Safety Code Section 50079.5) living and working in Foster City.
E. Fifth Priority: Very low income tenants (as defined in California Health and Safety Code Section 50105) living in Foster City.
F. Sixth Priority: Low income tenants (as defined in California Health and Safety Code Section 50079.5) living in Foster City.
G. Seventh Priority: Very low income tenants (as defined in California Health and Safety Code Section 50105) who are employees of the City of Foster City.
H. Eighth Priority: Low income tenants (as defined in California Health and Safety Code Section 50079.5) who are employees of the City of Foster City.
I. Ninth Priority: Very low income tenants (as defined in California Health and Safety Code Section 50105) who are classroom teachers employed by the San Mateo-Foster City School District, the San Mateo Union High School District or the San Mateo County Community College District.
J. Tenth Priority: Low income tenants (as defined in California Health and Safety Code Section 50079.5) who are class room teachers employed by the San Mateo-Foster City School District, the San Mateo Union High School District or the San Mateo County Community College District.
DocuSign Envelope ID: 944C7081-CA27-4DB2-B2A6-6419D278DBBF 17 Updated 2/28/2019
K. Eleventh Priority: Very low income tenants (as defined in California Health and Safety Code Section 50105) who work in Foster City.
L. Twelfth Priority: Low income tenants (as defined in California Health and Safety Code Section 50079.5) who work in Foster City.
M. Thirteenth Priority: Very low income tenants (as defined by California Health and Safety Code Section 50105) – all others who are income qualified.
N. Fourteenth Priority: Low income tenants (as defined by California Health and Safety Code Section 50079.5) – all others who are income qualified
2. Household Size. The Owner's program is designed for larger households.
Minimum household size for two -bedroom units shall be three (3) people. Minimum household size for three -bedroom units shall be five (5) people. Minimum household size for a five -bedroom units shall be six (6) peopl e. Tenants not meeting this requirement must be approved by Owner.
3. Affordable Rent. Tenants will pay "affordable rent" as such term is defined in California Health and Safety Code Section 50053.
4. Verification of Income and Household Size. Agent shall ve rify the household size and in come of each tenant and shall certify both on the form attached hereto as Exhibit B-1. Upon renewal of each lease, but in any event no less frequently than once a year, Agent shall reverify household size and th e income of each tenant and adjust the rental amount if necessary. Recertification shall be on the form attached as Exhibit B-1 or a form as agreed by Agent and Owner. If the household size or income level changes so tenant no longer qualifies for the occu pancy of the Property, the lease may not be renewed.
5. Lease Terms. Lease terms shall be month-to-month.
6. Security Deposit. A security deposit in the amount of one months rent shall be obtained. This requirement may be waived or a payment schedule may be arranged on a case by case basis.
7. Notice of Vacan t Units. Notice shall be sent to the Owner as soon as Agent knows a tenant will be vacating the Property.
8. Standard Lease Form. The standard lease form shall contain a detailed description of the types of activ ity which will be cause for im mediate evic tion (e.g., criminal activity, nonpayment of rent) or warnings (e.g., failure to maintain the Property, causing a nuisance in the n eighborhood). Agent shall develop a standard procedure for notifying tenants of defaults under the lease.
DocuSign Envelope ID: 944C7081-CA27-4DB2-B2A6-6419D278DBBF