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2011/06/28 City Council Resolution 2011-58RESOLUTION NO. 2011 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT BY AND BETWEEN REBUILDING TOGETHER ROHNERT PARK, INC. AND THE CITY OF ROHNERT PARK TO PROVIDE HOME REHABILITATION SERVICES FOR LOW AND VERY LOW INCOME HOMEOWNERS IN ROHNERT PARK AND AUTHORIZING THE PROVISION OF FINANCIAL ASSISTANCE FROM THE CITY'S AFFORDABLE HOUSING TRUST FUND WHEREAS, Rebuilding Together Rohnert Park, Inc. ( "Rebuilding Together ") has successfully provided necessary repairs to the homes of low and very low income families with children, elderly and/or disabled members in Rohnert Park since 2000; and WHEREAS, Rebuilding Together wishes to continue to assist Rohnert Park.homeowners in order to preserve the-supply of affordable housing for low- and very -low income residents and enable vulnerable homeowners to remain in their homes living independently and with dignity; and WHEREAS, Rebuilding Together, is experiencing a significant increase in requests for assistance from Rohnert Park homeowners and a funding shortfall requiring increasingly difficult choices when evaluating the merits of each application; and WHEREAS, Rebuilding Together is requesting financial support of $70,000 from the City of Rohnert Park ( "City ") for FY 2011/12 in order to close the funding gap and assist a greater number of homeowners; and WHEREAS, Rebuilding Together seeks additional funding through fundraising activities, individual donations, community partnerships and grants; and WHEREAS, City has established an affordable housing trust fund. ( "Housing Trust Fund ") pursuant to Section 17.07.020(N) of the City's Municipal Code for purposes consistent with Rebuilding Together's program of activities described herein ( "Program "); and WHEREAS, .Ordinance No. 826, adopted by the City Council on October 26, 2010, amended Section 17.07.020(N)(3) of the Rohnert Park Municipal Code to establish the Community Development Commission ( "CDC ") Five Year Implementation Plan as the reference document for defining and prioritizing the uses of monies in the Housing Trust Fund; and WHEREAS, Rebuilding Together's Program is identified in the current CDC FY 2009/10 through 2013/14 Five Year Implementation Plan; and WHEREAS, there are sufficient funds available to the City Council in the Housing Trust Fund for use in funding Rebuilding Together's FY 2011/12 request for financial assistance; and 1 WHEREAS, the City wishes to enter into an agreement with Rebuilding Together to provide financial assistance and home rehabilitation services for low and very low income homeowners in Rohnert Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the provision of financial assistance from the Housing Trust Fund in the full amount requested by Rebuilding Together for FY 2011/12. BE IT FURTHER RESOLVED that the -City Council does hereby authorize and approve the City entering into the proposed Agreement by and between Rebuilding Together Rohnert Park, Inc. and the City of Rohnert Park in substantially similar form to the agreement attached hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 28th day of June, 2011. CITY OF ROHNERT PARK ATTEST: Mayor 6� 19 1 . city C ORNtp AHANOTU: A CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) AGREEMENT BY AND BETWEEN REBUILDING TOGETHER ROHNERT PARK INC. DBA: REBUILDING TOGETHER ROHNERT PARK /COTATI AND THE CITY OF ROHNERT PARK TO PROVIDE HOME REHABILITATION SERVICES FOR LOW AND VERY LOW INCOME HOMEOWNERS IN ROIMRT PARK This Agreement, dated by and between Rebuilding Together Rohnert Park Inc., a non -profit public -benefit corporation (hereinafter, referred to as "Rebuilding Together ") and the City of Rohnert Park, a municipal. corporation (hereinafter referred to as "City "). WITNESSETH WHEREAS, Rebuilding Together has successfully provided necessary repairs to the homes of low and very low income families with children, eldeirly.and/or disabled members in Rohnert Park since 2000; and WHEREAS, Rebuilding Together wishes to continue to assist Rohnert Park homeowners in order to preserve the supply, of affordable housing for low - and very-low income residents and enable vulnerable homeowners to remain in their homes living independently and with digluty; and WHEREAS, .Rebuilding Together is experiencing a significant increase in requests for assistance from Rohnert Park homeowners and a funding shortfall requiring increasingly difficult choices when evaluating the merits of each application; and WHEREAS; . Rebuilding Together is requesting financial support of $70,000 from City for FY 2011/12 in order to close the funding gap and assist a greater number of horrieowners; and WHEREAS; Rebuilding Together seeks additional funding through fundraising activities, individual donations, community partnerships and grants; and WHEREAS, City has established an affordable housing trust fund ("Affordable Housing Trust Fund ") .pursuant to Section 17.07.020(1) of the City's Municipal Code for purposes consistent with he Program described herein; and WHEREAS, City wishes to augment the funding for Rebuilding Together provided by other sources with financial assistance from the Affordable Housing Trust Fund to assist the growing number of Rohnert Park residents in need of assistance. NOW, THEREFORE, Rebuilding Together and. City, for and in consideration of the mutual promises and agreements herein- contained do agree as follows: OAK #4827- 2636 -1609 v41 EXHIBIT A I. INCORPORATION OF RECITALS The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full. II. PROGRAM Rebuilding. Together shall provide home rehabilitation services to low and very low income homeowners in Rohnert Park as further described in the Scope of Work ( "Program ") attached to this Agreement as Exhibit A. III. CITY FINANCIAL ASSISTANCE City shall pay the City Financial Assistance to Rebuilding Together as follows: Within sixty (60) days of execution of this Agreement by City, City shall pay Rebuilding Together the sum of Seventy Thousand Dollars ($70,000) to support the Program. Payment of this sum represents the City's full FY 2011/12 financial commitment to the Program. Rebuilding Together shall use these funds to support and operate, its Program. IV. STANDARD OF QUALITY City relies on the experience and ability of Rebuilding Together as a material inducement to enter into this Agreement. All work facilitated by Rebuilding Together is provided by skilled and unskilled volunteers under the direction of a skilled "House Captain'.' and when needed, contracts with licensed contractors. All services provided under this Agreement shall be in accordance with all applicable legal requirements: V. TERM The term of this Agreement shall begin on the 1st day of July 2011 and shall continue until a 90 -day written notice of termination is issued, or on the date of the expenditure of the total funding commitment amount provided for herein; or upon the termination pursuant to provisions of cause stated within this agreement. VI. TAXES Rebuilding Together shall pay all taxes, and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes now or hereafter in effect and payable by reason of or in connection with the services to be performed by Rebuilding Together VII. CORPORATION ORGANIZATION Rebuilding Together shall: OAK #4827- 2636 -1609 v42 1. Provide City with copies of the following documents, evidencing filing with the appropriate governmental agency: a) A copy of the current Bylaws of Rebuilding Together; b) Documentation of its Internal Revenue Service non -profit status; c) Names and addresses of the current Board of Directors of Rebuilding Together; and d) A copy of the Rebuilding Together's adopted policies and procedures. 2) Immediately report to City any changes, subsequent to the date of this Agreement, in Rebuilding Together's. Articles of Incorporation, Bylaws,, Board of Directors, personnel policies and procedures, or tax exempt status. 3) Maintain no member of its Board of Directors as a paid employee, agent, independent contractor, or subcontractor under this Agreement. 4) Keep minutes of all its regular and special meetings.. 5) Comply with all provisions of California and Federal non - profit corporation laws. VIII. PROGRAM PERFORMANCE Rebuilding Together shall: 1) Conduct the Program within the City of Rohnert Park for the purpose of benefiting low and very low income families with children, elderly and/or disabled homeowners in Rohnert Park. . 2) Respond to all telephone calls and address inquiries about the programs and services offered. 3) Provide easy access to applications to prospective clients in person, by telephone, email, website or mail. 4) Meet individually or by telephone to review the initial application, and to secure proper documentation to determine eligibility. (Homeowner must occupy the home and be physically and financially unable to perform the work themselves). Rebuilding Together's homeowner application form to be used is attached hereto as Exhibit B. 5) Conduct outreach activities through written communication, flyers, and participation in community events to raise awareness. 6) Prepare and provide an annual report to the City of Rohnert Park. The report shall include the number of households assisted, the number of people assisted, and the number of children, seniors and/or disabled homeowners that were assisted within each household. OAK #4827 - 2636 -1609 v43 7) Include an acknowledgment of City funding and support on applicable project signs and publications using words to the effect: "funded in whole or part or Sponsored by the City of Rohnert Park." IX. FISCAL RESPONSIBILITIES Rebuilding Together shall: 1) Document all Program revenues and costs and maintain adequate cost records. 2) Certify current and continuous insurance coverage, subject to City approval and in accordance with requirements as outlined in Section XVIII of this Agreement. 3) Provide to City, within 90 days, a copy of any audit and management. letter. X. RECORDS Rebuilding Together shall: 1) Maintain complete and accurate records of all its transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly (a) ali.direct and indirect -costs of whatever nature claimed to. have been incurred or anticipated to be incurred to perform this Agreement or to operate the Program, and (b) all other matters covered by this Agreement. 2) Rebuilding Together shall preserve and make available its records until: a) The expiration of five years from the date of termination of this Agreement; or b) For such longer period, if any, as is required by applicable law; or c) If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of termination. 3) At any time during normal business hours, subject to applicable law, including landlord/tenant law) and as often as may be deemed necessary, Rebuilding Together agrees that the City, and/or any duly authorized representatives may until expiration of (a) five years from the date . of termination of this Agreement, or (c) such longer period as may be described by applicable law, have access to and the right to. examine its offices and facilities used in the performance of this Agreement or the operation of the Program; and all its records with respect to the Program and all matters covered by this Agreement. Rebuilding Together also agrees that City or any duly authorized representatives shall have the right to audit, examine, and make excerpts or transcriptions of and from such records and to make audits of all contracts and .subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data . OAK #4827- 2636 -1609 v44 relating to the Program and matters covered by this Agreement. Rebuilding Together will be notified in advance that an audit will be conducted. Rebuilding Together will be required to respond to any audit findings, and have the responses included in the final audit report. The cost of any such audit will be borne by City. XI. CONTRACT COMPLIANCE 1) Evaluation and monitoring of the Program performance shall be the mutual responsibility of both City and Rebuilding Together.: Rebuilding Together shall furnish all data, statements, records, information and reports necessary for City to monitor, review and evaluate the performance of the Program and its components. City shall have the right to request the services of an outside agent to assist in any such evaluation. Such services shall be paid for by City. . 2) Upon receipt by City of any information that evidences a failure by Rebuilding Together to comply with any provision of this Agreement, City shall have the right to require corrective action to enforce compliance with such provision. Areas of noncompliance include but are not limited to: a) If Rebuilding Together shall have made any material misrepresentation of any nature with respect to any information or data furnished to City in connection with the Program. b) If there. is pending litigation with respect to the performance by Rebuilding Together of any of its duties or obligations under this Agreement which may materially Jeopardize or adversely affect the undertaking of or the parrying out of the Program. c) If Rebuilding Together shall have taken any action pertaining to the Program which required City approval without having obtained such approval. d) If Rebuilding Together is in default under any'provision of this Agreement. e) If Rebuilding Together makes an improper use of City funds or properties as described above. f) If Rebuilding Together submits to City any report which is incorrect or incomplete in any material respect. g) If Rebuilding Together fails to meet the stated objectives in Exhibit "A" (Scope of Work). 3) City in its absolute discretion and in lieu of immediately terminating this Agreement upon occurrence or discovery of noncompliance by Rebuilding Together under this Agreement shall have the right to give Rebuilding Together notice of City's intention to consider corrective action to enforce compliance. Such notice shall indicate the nature of the non - compliance and the procedure whereby Rebuilding Together shall have the opportunity to participate in formulating any . corrective action recommendation. City shall have the right to require the presence of Rebuilding Together's officer(s) and Executive Director at any hearing or meeting called for the purpose of considering corrective action. Thereafter, City shall.forward to Rebuilding Together specific corrective action recommendations; such timetable shall be defined in the notice. . OAK #4827 - 2636 -1609 v45 XII. PROGRAM COORDINATION 1) The City Manager shall assign a single Program Manager for City who shall render overall supervision of the progress and performance of this Agreement by City. All services agreed to be performed by City shall be under the overall direction of the Program Manager. 2) As of the date hereof, Rebuilding . Together has designated Diane Broadhead to serve as Executive Director and to assume overall responsibility for the progress and execution of this Agreement. In the event of a vacancy, the Rebuilding Together Board President shall assume temporary responsibilities of the Executive Director until the position is filled. The City shall be immediately notified in writing of the appointment of a new Executive Director. 3) All notices or other correspondence required or contemplated by this Agreement shall be sent to the parties at the following addressed: City: Gabriel A. Gonzalez, City Manager City of Rohnert Park 130 Avram Avenue. Rohnert Park, CA 94928 Rebuilding Together: Diane Broadhead, Executive Director Rebuilding Together Rohnert Park - Cotati 245 Southwest Boulevard Rohnert Park, CA 94928 All notices shall be sent by United States mail, registered or certified, postage prepaid. Notices given in such a manner shall be deemed received upon seventy -two (72) hours after deposit in the United States mail. City or Rebuilding Together may change its address for the purpose of this Section by giving five days written notice of such change to the other party in the manner provided in this Section. XIII. TERMIINATION 1) In addition to the City's right to terminate for cause set forth in this Agreement, either City or Rebuilding Together may suspend or terminate this Agreement for any reason by giving ninety (90) days prior written notice to the other parry. Upon receipt of such notice, performance of the services hereunder will be immediately discontinued. 2) Upon termination of this Agreement, Rebuilding Together shall: a) Turn over to City immediately any and all copies of studies, reports, property keys and other data or property, whether or not completed, prepared by Rebuilding Together or its subcontractors, if any, solely in connection with this Agreement. Provided, however, the obligation to provide client information is subject to the limits provided by law. Such materials shall become the property of the City. Rebuilding Together, however, shall not be liable to City's use of incomplete materials or for City's use of completed documents if OAK #4827 - 2636 -1609 v46 used for other than the services contemplated by this Agreement; and b) Transfer to the City any City funds on hand and any accounts receivable attributable to the use of City funds. All assets acquired with City funds shall be returned to the City unless otherwise negotiated by separate agreement. 3) Upon notice of termination of this Agreement, Rebuilding Together shall immediately provide City access to all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the City funds granted to Rebuilding Together pursuant to this Agreement. XIV. INDEPENDENT CONTRACTOR. It is expressly agreed that Rebuilding Together, in the performance of the work and services agreed to be performed by Rebuilding Together, shall act as and be an independent contractor and not an agent or employee of City. Rebuilding Together including. its officers, employees, agents or volunteers, independent contractors or subcontractors, shall not have any rights under this Agreement to retirement benefits or other benefits which accrue to City's employees, and Rebuilding Together hereby expressly waives any claim it or they may have to any such rights. XV. ASSIGNMENT 1) Rebuilding Together shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or, any part thereof without City's prior written consent. Any assignment without such approval shall be void and, at City's option, shall immediately cause this Agreement to terminate. 2) Rebuilding Together shall be responsible for employing or engaging all persons necessary to perform the services of Rebuilding Together hereunder. Rebuilding Together shall give its personal attention to the fulfillment of the provisions, of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Rebuilding Together fails or. refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the City Manager or his or her designee. XVI. COMPLIANCE WITH LAW Rebuilding Together shall comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Rebuilding Together represents and warrants. to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required. City is not responsible or liable for Rebuilding Together's failure to comply with any or all of the requirements contained in this paragraph. XVH. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION Except as may be required by law, City and Rebuilding Together agree to maintain the confidentiality of OAK #4827 - 2636 -1609 v47 any. information regarding applicants for services offered by the Program pursuant to this Agreement or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant,, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Agreement, and then only to persons having responsibilities under this Agreement, including those furnishing services under the Program through approved subcontracts. RebuildingTogether retains the right to homeowners stories, testimonials and photos for marketing and promotional purposes. XVHI. INDEMNITY, HOLD HARMLESS, NONLIABILITY AND INSURANCE 1) Rebuilding Together shall indemnify, defend, and hold harmless the City of Rohnert Park and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Rebuilding Together, any. subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City. 2) . ' No officer, elected official, employee or agent of the City shall be personally liable to Rebuilding Together or otherwise in the event of any default or breach of the City, or for any amount which may become due to Rebuilding Together or any successor in interest, or for any obligations directly or indirectly incurred under the terms. of this Agreement. 3) Upon the effective date of this agreement, Rebuilding Together shall procure and maintain for the duration. of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Rebuilding Together, its agents, volunteers, representatives, employees or subcontractors excluding Course—of Construction insurance. Upon the effective date of a subcontract, Rebuilding Together shall require that subcontractors procure and maintain for the duration of any subcontract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work described in the subcontract a) Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 0001 or the exact equivalent. 2. If Rebuilding Together or Rebuilding Together's employees will use personal autos in any way on this project, Rebuilding Together shall provide evidence of personal auto liability coverage for each such person. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. b) Minimum Limits of Insurance Rebuilding Together and/or any subcontractor shall maintain limits no less than: OAK #4827 - 2636 -1609 v48 I . General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial. General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Employees proof of personal auto liability coverage 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. c) Deductibles and Self-Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either:. (a) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City of Rohnert Park, its officers, officials, employees and volunteers, or (b) Rebuilding Together or subcontractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, .claim administration and defense expenses. d) Other Insurance Provisions The general liability and automobile liability policies .are to contain, or be endorsed to contain, the following provisions: 1. Rebuilding .Together agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City of Rohnert Park, its officers, elected officials, employees, and agents, using standard ISO endorsement No.. CG 20 10 or an approved equivalent. 2. For any claims related to the Program, Rebuilding Together's insurance coverage shall be primary insurance as respects the City of Rohnert Park, its officers, elected officials, employees, agents and volunteers. Any insurance or self - insurance maintained by the City of Rohnert Park, its officers, elected officials, employees, agents and volunteers shall be excess of Rebuilding Together's insurance and shall not contribute with it. There shall be no cross liability exclusion for claims or suits by one insured against another. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (3 0) days' prior written notice by certified mail, return receipt requested, has been given to the City. e) Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. f) Verification of Coverage Rebuilding Together or subcontractors shall furnish City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by City or on other than City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements OAK #48272636 -1609 v49 are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. XIX.. WAIVER OF RIGHTS AND REMEDIES In no event shall any payment by City constitute or be construed to be a waiver by City of any breach of the covenants or conditions of this Agreement or any default which may then exist on the part of Rebuilding Together, and the making of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to City with respect to such breach or defaults. In no event shall payment to Rebuilding Together by City in any way constitute a waiver by City of its rights to recover from Rebuilding Together the amount of money paid to Rebuilding Together on any item, which is not eligible for payment under the Program or this Agreement. No act or omission by Rebuilding Together or City, including specifically any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver or release of the same, such waiver or release to be effected only through a written document executed by the City and then only to. the extent specifically recited therein. A waiver or release with reference to any one event shall not be constructed as continuing, or as a bar to, or as a waiver of, any subsequent right, remedy or recourse as to a subsequent event. XX. EQUAL EMPLOYMENT OPPORTUNITY Rebuilding Together is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Rebuilding Together will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Rebuilding Together will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay -offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Rebuilding Together further agrees to post in conspicuous places, available. to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. XXI. AMENDMENTS Amendments to the terms or conditions of this Agreement shall . be requested in writing by the party desiring such amendments, and any such amendment shall be effective only upon the mutual agreement in writing of the parties hereto. XXII. INTEGRATED DOCUMENT This Agreement contains the entire agreement between City and Rebuilding Together with respect to the subject matter hereof. No written or oral Agreements with any officer, agent or employee of City prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. OAK #4827 - 2636 -1609 v410 XXIII. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall for any reasons be held to be invalid, illegal or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. MISCELLANEOUS 1) The captions of this Agreement are for convenience of reference only, and the words contained therein shall in no way be held to. explain, modify, amplify, or aid in the interpretation, construction or meaning of the provisions of this Agreement. 2) All exhibits attached hereto and referred to in this Agreement are incorporated herein by this reference as if set forth fully herein. IN WITNESS WHEREOF, the parties hereto have executed this instrument or caused the Agreement to be executed by their duly authorized agents this _ day of , 2011. APPROVED AS TO FORM: By: City Attorney OAK #4827 - 2636 -1609 v411 THE CITY OF ROHNERT PARK, a municipal corporation By: Date City Manager Date REBUILDING TOGETHER ROHNERT PARK,. INC., a California nonprofit public benefit corporation D13A:R,4BUILDINGT0YETHER R HNERT ARK/ COTATI By: Executive l3firector . Date EXHIBIT A SCOPE OF WORK OAK #4827 - 2636 -1609 v412 SCOPE OF SERVICES: Preventing Homelessness and Preserving Affordable Housing for Low - Income Homeowners Project Manager: Rebuilding Together Rohnert Park, Inc. dbw Rebuilding Together Rohnert Park /Cotati Sponsor.: City Council of the City of Rohnert Park Time Period: FY 2011 -12 (July 1, 2011 to June 30, 2012) Purpose: The purpose of Rebuilding Together Rohnert Park, Inc. is to work in partnership with the community to preserve homeownership and affordable housing by providing necessary home repairs that present immediate health and safety risks to low- income Rohnert Park residents that are physically and /or financially unable to make the repairs themselves. This program allows the homeowner to remain in their home to enjoy a healthy, warm, safe and dry environment, while continuing to live independently with dignity. Provision of Services: With funding provided through the City Council of the City of Rohnert Park, Rebuilding Together Rohnert Park; Inc. will: Respond to all telephone calls and address inquiries about the programs and services offered. Provide easy access to applications in person to prospective clients, by telephone, email, website or mail. Provide year round services to qualified low - income Rohnert Park Homeowners upon available resources, through the following programs: • Emergency Program: Provides emergency repairs for homeowners that present an immediate need that may affect their ability to remain in their homes. These repairs affect the health and safety of the residents and more often than not, require hiring a contractor. • National Rebuilding Day, the last Saturday in April. An annual signature workday for qualified homeowners in need of repair but not identified as an emergency situation. These homes and .community projects may fall into one of the following programs: Safe at Home; Heroes at Home or Neighborhood Revitalization on an as needed basis based on available funds and community resources. Meet individually or by telephone to review the initial application, and to secure proper documentation to determine eligibility. (Homeowner must be low- income, occupy the home and in be physically and financially unable to perform the work themselves.) Visit the homeowner personally for an in -home inspection to determine health and safety needs and a realistic scope of work, taking into consideration their request for service. Conduct outreach activities through written communication, flyers, and participation in community events to raise awareness to the growing need of low- income homeowners, primarily, seniors, the physically challenged and families with children. Prepare and provide an annual report to the City of Rohnert Park. EXHIBIT B HOMEOWNER APPLICATION OAK #4827-2636-1609 v413 Rebuilding Together ... Rohnert Pork / Cotati HOMEOWNER APPLICATION Application Process: 1. Complete ALL Information. 2. Submit all documentation requested. 3 Sign and date the application No application fees are required to submit an application to receive assistance from Rebuilding Together. Rebuilding Together has not authorized any other person or entity to act as its agent for purposes of this application. Any fees or costs associated with this application, paid by the applicant, 4. Remove this page, retain it for your records. 5. Return completed application and all supporting documentation to: Rebuilding Together Rohnert Park- Cotati, 245 Southwest Blvd., Rohnert Park, CA 94928 Program Information Rebuilding Together Rohnert Park - Cotati is a non - profit volunteer program designed to provide "Rehabilitation Services" for low - income homeowners, particularly the elderly, the physically challenged and families with children in the Rohnert Park - Cotati community, so they may continue to live in warmth, safety and independence. Types of rehabs may include: constructing a ramp for wheelchair access, installing grab bars for safety and convenience, painting, electrical repairs, plumbing repairs, carpentry, and yard cleaning & emergency • A member of our Site Selection Committee will contact you to arrange a home site survey. We will need to survey the entire home. • The Site Selection Committee determines which homes will be rehabilitated based upon need and the resources available to complete the work. All applicants will be notified in writing as to whether or not their home has been selected. • Volunteers, Trades Professionals and able- bodied members of the recipient's family will complete the agreed upon tasks. • Our work is scheduled for our annual Rebuilding Day, the last Saturday in April, or another work day as deterrhirned by the RTRPC Board of Directors. ELIGIBILITY REQUIREMENTS • You must OWN and OCCUPY the home within the city limits of Rohnert Park or Cotati. • Your home must need repairs or modifications to make the home safe, warm and healthy. You must be unable to-do the work yourself. • Your household income must be "Low Income" based on the following HUD guidelines (2010): # living in Household 1 2 3 4 5 6 7 8 Annual Income under. $45,050 $51,450 $57,900 $64,300 $69,450 $74,600 $79,750 $84,900 or Monthly Income under. $ 3,755 $ 4,288 $ 4,825 $ 5,359 $ 5,788 $ 6,217 $ 6,646 $ 7,075 PLEASE CALL (707) 792 -2650 IF YOU NEED MORE INFORMATION OR HAVE ANY QUESTIONS Rev 6.2010 1 Rebuilding Together, Rahnert Park /Cotati APPLICANT NAME CO- APPLICANT NAME Homeowners Application. PLEASE PRINT DATE OF BIRTH DATE OF BIRTH ADDRESS CITY ZIP CODE HOME PHONE CELL PHONE WORK PHONE BESTTIMETO CALL Do you own this home? For how long? Year Built: Is this a: Single Family Home Condo Mobile Home Is the homeowner: 60 Years or older? Disabled? Low Income: Total number of people living in this household. How did you hear about Rebuilding. Together? Have you applied to RT before? Y N if so, what year? List ALL persons living in the house and their relationship to you Age Relationship 1. 2. (if necessary, list additional names on the back of this form.) Downy member (s) of your household have a disability or health problems? Yes: No: If YES, please explain in detail: (if necessary, please continue details on the back of this form.) What work do you need performed to remain warm, We and independent? List work in order of greatest need. List additional items on separate sheet, if necessary. 1. 2. 3. 4. NOTE: Due to the size and complexity of the work needed, we may not be able to do certain projects. NO GUARANTEE 1S GIVEN OR IMPLIED THAT ANY OR ALL ITEMS LISTED WILL BE ACCOMPLISHED. Rebuilding Together, Rohnert Park /t;otata INCOME, ASSETS and EXPENSES: Name: Indicate the combined income and expenses in the following categories for all people living in your home. All Information will remain confidential. Total Household Monthly Income: Social Security $ SSI and /or SSD $. Salaries /Employment $ Employer: Employer: Other Income:$ Pension $ Pension 1 $ Annuities $ Investments $ Rental Income $ TOTAL INCOME $ FINANCIAL HOLDINGS: APPLICANT: CO- APPLICANT: Total Household Monthly Expenses: Mortgage /Space Rent $ Utilities $ Auto Expense $ Insurance, House, Car, Health $ Prescriptions $ Doctors /Dentists $ Other Expenses: $ TOTAL EXPENSES $ OTHER: Other Property? Yes No Value: Stocks /Bonds /CD's? Yes No Value: Are you current with your mortgage? Are your property taxes current? If your answer is no to either of these questions, please explain.. Note: We reserve the right to request additional or current supporting documentation as may be needed in order to assist us in the processing of this application. Rebuilding Together. Rohnert AarklCototi Name: DOCUMENTATION REQUIRED WITH THIS APPLICATION: • Proof of home - ownership (copy of a mortgage payment stub; property tax statement or deed) • If a mobile /manufactured home, please provide the name and contact information for park management and a copy of your latest monthly rent bill. • If a condo please provide Association Name and Contact information for Management. • Proof of Homeowner's Insurance ( ** may waive in an emergency situation). • Copy of last two years Federal Tax Return. • If you do not earn enough to file a tax returns, submit a copy of the past three months bank statements. • Copy of current year SSI /SDI Annual benefit statement. • Veterans: A copy of your discharge papers and a brief description of your tour of duty and the experience you encountered.. * *If you are not able to supply these items, please explain: Ethnicity: (For statistical purposes only and will not affect the selection process). Please state for each person in the household (individual names. not necessary): Income eligibility is determined by the HUD Income Limits published annually for Sonoma County. I /we certify, subject to disqualification, that the above information is true and correct to the best of my /our knowledge and also authorize you to check any references necessary to complete the processing of this application for the purpose of receiving housing repairs and /or modifications through Rebuilding Together. I /we also understand that any information provided on this application will be.kept confidential and will be used strictly for the purpose of determining my /our eligibility to receive housing rehab. I /we authorize Rebuilding Together to photograph my /our home before, during and after housing rehabilitation. Date Signature of Applicant Signature of Co- Applicant Return completed application and all supporting_ documentation to: Rebuilding Together Rohnert Park- Cotati 245 Southwest Blvd. Rohnert Park, CA 94928 SONOMA COUNTY AD UL AND YOUTH DEVELOPMENT (SCAYD) The Family Resource Center for Rohnert Park and Cotati - "We're here to help!" March 17, 2011 SCAYD Board Ms. Linda Babonis of Directors Housing and Redevelopment Project Manager City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Gina Belforte, CPM President Stanley Steemer Re: Rohnert Park Homeless Prevention Services Program / Fiscal Year 2011 -12 Mayor, City oJRohnert Park Dear Linda: Rev. Newt Kerney Vice President As our community works together to face budget cuts and disappearing redevelopment Cross and Crown Lutheran Church funds, the City of Rohnert Park's investment in the Rohnert Park Homeless Prevention, Rental and Deposit Assistance Program is more imperative than ever. The importance of Abel Moya this program goes far beyond financial assistance — it gives families in crisis hope and Secretary helps them get back on their feet as contributing members of our community. The House Call accompanying proposal with a review of families assisted documents the essential need for Mario Lewin this service. Treasurer Creative Enterprises This will be the ninth year that SCAYD has provided rental and deposit assistance, guidance and referrals to qualified low- income families /individuals in Rohnert Park who Mo Aimaq are at risk of becoming homeless due to unforeseen financial emergencies. Experienced Redwood Pacific Homes bilingual staff give workshops twice a week. They meet individually with eligible John Allred, MA households, review the. considerable required documentation, and verify the involvement Professional Framing of the landlord and proof that the families will be able to sustain a self - sufficient future. Services Staff funding also provides time for SCAYD to process additional direct assistance dollars Gerard a available to residents of Rohnert Park through an anonymous donor (Community Action Sally Tomatoes aloes Partnership HCA Fund) and federal funding through the Emergency Food and Shelter Andre Morrow, Agent Program, which also provides much needed funding to.NOAH, the local food bank. State Farm Insurance This program also generates outreach to families who are referred to other SCAYD Darlene Shepard programs, such as Family Advocacy, Youth Education and Employment Services, and Community volunteer Basic Human Needs for emergency food, clothing and motel vouchers and utilities. Working in conjunction with CAP, SCAYD also has become a pre- enrollment site for Ken hach Community volunteer CalFresh, the California Nutritional Supplement Program, setting up phone interviews with the County and reaching families who have no transportation to County offices. From July 2010 through the end of February 2011, the Rohnert Park multi-funded James Gattis' Homeless Prevention Program assisted 98 households with 240 low - income individuals. Executive Director Approximately half of these were children. All of the recipients of assistance meet federal Michael Di Rosario, MA income eligibility requirements as determined by HUD, establishing their income level as Finance Director low, very low or extremely low. Our mission is to help people in need in our community reach their highest potential in self - sufficiency and well - being. Mailing Address: P.O. Box 7078, Cotati, CA 94931 Site Address: 7345 Burton Avenue, Rohnert Park Phone: (707) 793 -9030 Fax: (707) 793 -9234 Website: www.scavd.oriz Rohnert Park Homeless Prevention Services Program Page 2 Of the 98 households served, the Rohnert Park Fund provided the assistance for 56 of them with $30,320. Additional funding obtained by SCAYD from the HCA and EFSP funds paid for the rest. Overall, it is anticipated that 147 households / 360 residents. of Rohnert Park will be served by the end of June 2011. This is a 25% overall reduction of households served, mainly due to the 18 %. reduction last year in Rohnert Park funding, but also due to decreased funding through the HCA Funds with the depletion of ARRAS funding and delayed EFSP funds. Several families who applied but were lower on the priority list did not receive the assistance they needed. For FY 2010 -11, the SCAYD Homeless Prevention staff anticipates 1,252 incoming calls from residents to determine eligibility, answer questions about the program or refer them to.agencies that can assist them. The projected number of people attending one of the biweekly workshops is 351, a significant decrease from last year, due mainly to an improved prescreening system which includes county and other agency listings referring callers to our recorded information line for eligibility requirements. Fewer non - eligible applicants are attending the workshops, giving more time to staff to successfully work with the families who most benefit from this assistance. We anticipate utilizing all funds designated for the Homeless Prevention Program by the end of the fiscal year, including deposits that were returned and put right back into the Rohnert Park Fund. Attached are the Scope of Work and Budget for your review, along with Excel spreadsheets showing funded applications, phone calls and workshop attendance and projected totals. Please also see the attached document that gives a few examples of diverse families who received the assistance'they needed to avoid becoming.homeless and a larger burden on the City of Rohnert Park and Sonoma County. As Benjamin Franklin once said, "an ounce of prevention is worth a pound of cure." We look forward to working together in the coming year. Sincerely, James Gattis Executive Director SONOMA COUNTY ADULT AND YOUTH DEVELOPMENT (SCAYD) City of Rohnert Park Homeless Prevention Budget Proposal Fiscal Year 2011 -2012 DIRECT PERSONNEL EXPENSES BUDGET Homeless Prevention Coordinator & Specialists $ 36,000.00 Fiscal Manager 4,000.00 Total Wages: $ 40,000.00 Fringe Benefits 22.5% $ 9,000.00 (P /R Taxes & Insurance) Total Personnel Costs: $ 49,000.00 OPERATING EXPENSES Facility Maintenance $ 600.00 Liability Insurance 250.00 Office Supplies 500.00. Telecommunications 700.00 Travel / Mileage 100.00 Printing/ Copying 500.00 Postage 100.00 Audit Fee 250.00 Direct Family Assistance 65,000.00 (Approx. 130 Families Served Directly) - plus another, 100+ families with adjunct services. Total Operating Expenses: $ 68,000.00 Total Direct Costs: $ . 117,000.00 (Personnel & Operating) Administration Costs 10% $ 13,000.00 TOTAL BUDGET REQUEST: $130,000.00 SCAYD Homeless Prevention Program FY 2010 -11 / Total For All Quarters --Funded Applications, Phone Calls; Workshop Attendance d Rohnert Park 41 Households People . Children $ Amount 9 . 31 18 RP Fund 23 37 12 $10,950 0 3 HCA Fund 11 35 17 $6,195 1$16,811 cl EFSP Fund 1 1 0 $350 Subtotal 35 73 29 $17,495 d RP Fund 19 41 18 $11,025 C HCA Fund 9 . 31 18 $4,825 o EFSP Fund 2 2 0 $961 Subtotal Subtotal ' 30 74 36 1$16,811 d RP Fund 14 '36 .15 $8,345 R HCA Fund 5 17 10 $2,700 EFSP Fund n/a n/a n/a n/a cy Subtotal 19 53 25 $11,045 d RP. Fund 56 114 45 $30,320 HCA Fund HCA Fund 25 83 45 .� a EFSP Fund 3 3 0 $1,311 11 Total 84 200 90 $45,351 d RP Fund 56 114 45 $30,320 N ; N HCA Fund 25 83 45 $13,720 IL EFSP Fund 3 3 0 $1,311 11 Total 84 200 90 $45,351 314 326 195 (Feb. 28th) Cotati Households People Children 1st Quarter n/a n/a 2nd Quarter n/a 0 3rd Quarter 6 IL 4th Quarter 314 326 195 (Feb. 28th) Cotati Households People Children $ Amount n/a n/a n/a n/a 3 11 6 $1,850 0 0 0 $0 3 11 6 $1,850 n/a n/a n/a n/a 6 17 7. $3,310 2 3 0 $1,200 8 20 .7 $4,510 n/a n/a n/a n/a 3 9 3 $1,295 n/a n/a n/a n/a 3 9 3 $1,295 n/a n/a nIa n/a 12 37 16. $6,455 2 3 0 $1,200 14 40 16 $7,655 Total 835 (Feb. 28th) Total Subtotal Households 1st Quarter Children _° = b 2nd Quarter 37 Y c 3 a 3rd Quarter 4th Quarter 46 23 Total 835 (Feb. 28th) Total Subtotal Households People Children $ Amount 23 37 12 $10,950 14 46 23 $8,045 1 1 0 $350 38 84 35 $19,345 19 41 18 $11Y025 15 48 25 $8,135 4 5 0 $2,161 38 94 43 $21,321 14 36 15 $8,345 8 26 13 $3,995 n/a n/a n/a n/a 22 62 28 $12,340 56 114 45 $30,320 37 120 61 $20,175 5 6 0. $2,511 98 240 1 106 1 $53,006 95 76 63 (Feb. 28th) 234 (Feb. 28th) SCAYD Homeless Prevention Program FY 2010 -:11 / Projected ,Totals for AI'i Four Quarters Funded Applications, Phone. Galls, Workshop Attendance M Rohnert Park 1st Quarter Households People Children $ Amount 0 3rd Quarter ._..:_. RP Fund HCA Fund r 159 3 a C1 Total Total EFSP Fund m HCA Fund v Subtotal ;. f EFSP Fund Subtotal z M RP Fund H 1st Quarter n N N HCA Fund 0 3rd Quarter ._..:_. EFSP Fund HCA Fund r 159 3 a C1 Total Total EFSP Fund EFSP Fund v Subtotal ;. f M RP Fund H 1st Quarter n HCA Fund HCA Fund 0 3rd Quarter ._..:_. EFSP Fund 0 a r 159 3 a C1 , Total Total Subtotal EFSP Fund . y RP Fund H 1st Quarter HCA Fund HCA Fund 0 3rd Quarter ._..:_. a 0 a EFSP Fund 159 3 a , Total Total 351. Total 1 1,25 y: v sz Ft 3 S� 1) h gA S h M x u + f � � RP Fund H 1st Quarter h N HCA Fund 0 3rd Quarter ._..:_. a . 3rd Quarter 159 3 a , 4th Quarter Total 351. EFSP Fund Total ;. Total 1 1,25 y: v sz Ft 3 S� 1) h gA S h M x u + f � � 1st Quarter H 1st Quarter 2nd Quarter 2n.d/'�uarter 0 3rd Quarter ._..:_. a 4th Quarter 3rd Quarter Total 1 1,25 y: v sz Ft 3 S� 1) h gA S h M x u + f � � Subtotal Households People I Children 1 $ Amount 1st Quarter X r A " 2n.d/'�uarter a t z 147 3rd Quarter 159 3 a , 4th Quarter Total 351. Subtotal Households People I Children 1 $ Amount x a t z 147 360 159 $79,509 { z . x 147 360 159 $79,509 { z . x 147 360 159 $79,509 Success Stories / Rohnert Park Fund SCAYD Homeless Prevention Program The following are a few of the many success stories of local families who received assistance with funds provided through the City of Rohnert Park in this fiscal year alone. These stories show the value of this program that goes far beyond the immediate help with rent or deposit. A newly divorced single father, waiting for delayed funds from his recently approved disability application, received $400 towards his rent. His landlord worked closely with our office and with his tenant, giving him the extra time he needed to get funding despite pressure from the management offices. 'Thank you so much for all of the work that you did in getting me. rental assistance. I was really at a loss of knowing what else I could do to keep my place for my daughter and myself. This really saved me! You are wonderful people." A single disabled mother of a 10 -year old. boy lived in a place with abusive neighbors. Heavy cigarette smoke constantly blew.in to their apartment through the vents, and caused major health problems due to smoke allergies. The landlords told them they would just have to put up with it. The mother and son received $750 in .deposit assistance, and were able to move into a new home they could afford with Disability and Section 8 benefits. "Thank you so much! We are so much happier and healthier! We could never have done this without your help. Please let me know if you need any volunteer work done, and 171 be right over!„ • A single father of two little girls was laid off from his long -term job, and had not yet gotten his first unemployment check. He received $500 towards his rent. "I wanted to put this in writing, THANK YOU SOO MUCH. The SCAYD program is so wonderful. My niece referred the program to me and I had'to admit I was hopeful but doubtful.. Being a single parent for the last 14 .years now and recently losing my job has put a great stress on my life. SCA YD has helped us back on track and we are so thankful. VERY VERY THANKFUL. And did I say thank you." (He came back a couple of weeks later to tell us he had found a new job.) A single father, temporarily disabled in a work accident, was waiting for Workers' Comp benefits. His home was destroyed in a fire; and the Red Cross put him and his 11 -year old daughter up: for a brief hotel stay. They needed immediate help with their deposit to move to their new place, and were funded with $800. "I never thought I'd find myself in this situation. You don't know what this means to me — we'd be out on the streets if it wasn't for your program. Please let me know if 1 can do anything for you guys in the future." A mother and father of four children applied for rental assistance. Their fifth child, a premature newborn, died within a couple of days of his birth, and the wife's mother died one month ago. The family was struggling with expenses for both funerals, hospital bills, and lost wages from missed work. They received a 3 -day notice, and were on the verge of becoming homeless. Not only did they receive $500 in rental assistance, allowing them to keep their home, but they also found valuable resources for grief counseling and some food vouchers through SCAYD's Basic Human Needs fund. They had no words, only tears and hugs of gratitude. • A disabled low- income single woman with no local family received $600 in deposit assistance a couple of years ago. All $600 was recently returned and put back into the Rohnert Park Fund as additional funding for other families. 'Thank you for your kindness and help at a time l was in need. 1 think highly of your agency. /have. respect for your agency as well. Thank you for letting me know SCAYD got their money.. lam happy. Peace. and happiness to you. Thank you." A single senior disabled woman who had just had back surgery needed rental assistance. Her daughter couldn't afford to help this month, because she had just left a physically abusive relationship. The woman told her own story of abuse to the SCAYD Homeless Prevention Specialist, who is also the Family Advocate, and received not only the rent she needed to keep her home, but other resources in the community to help her recovery and for her daughter as she struggles to make a new safe home for her children. In spite of her back surgery, she left the office walking taller, confident that her story and her actions made her the perfect role model for her daughter. Recently, a man who received assistance some time ago showed up at the SCAYD office with a plant he had grown himself in a beautiful ceramic pot. The plant now grows healthy and strong and graces our reception area. 7 wanted to let you know how much your support meant to me. I grew this in my back yard, and wanted to give something back." Therein is one of the major values of this program and the funds received through the City of Rohnert Park— many of the people who receive help want to give back. If I ever need a reminder of this, all I .have to do is look out my office door to the growing plant.