2012/07/24 City Council Resolution 2012-84RESOLUTION NO. 2012 -84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING FIRST AMENDMENT TO THE AGREEMENT BY AND
BETWEEN COMMITTEE ON THE SHELTERLESS AND THE CITY OF ROHNERT PARK
TO PROVIDE MANAGEMENT SERVICES FOR THE SHARED HOUSING PROGRAM AND
AUTHORIZING THE PROVISION OF FINANCIAL ASSISTANCE FROM THE CITY'S
AFFORDABLE HOUSING TRUST FUND
WHEREAS, Committee on the Shelterless ("COTS ") has successfully managed five (5) shared
living homes for single parent families at risk of becoming homeless (collectively "Shared Living
Homes ") and the HUD - funded Alma Street transitional home for at -risk mothers with children
transitioning from homelessness to independent living ( "Alma Street Facility "); and
WHEREAS, COTS provides counseling, educational opportunities and financial training for
very low- income Rohnert Park families through its Shared Housing Program ( "Program "); and
WHEREAS, COTS is experiencing a funding shortfall from grant requests and private
donations and is now requesting financial support of Eighty -Four Thousand Fifty -Six Dollars ($84,056)
for the 2012/13 FY to assist in the operation of the Shared Living Homes; and
WHEREAS, COTS has applied for and has been granted HUD Supportive Housing Grant funds
and requests matching funds from the City in the amount of Four Thousand Dollars ($4,000) for the
2012/13 FY to subsidize below - narket rate rents of the HUD - funded Alma Street Facility; and
WHEREAS, COTS requires emergency contingency construction funding in the amount of Two
Thousand Dollars ($2,000) per home or Ten Thousand Dollars ($10,000) total for maintenance
emergencies; and
WHEREAS, City wishes to enter into an agreement with COTS for management of the Shared
Living Homes and the provision of financial assistance in support of the Shared Housing Program, Alma
Street Facility and emergency contingency construction funding.
WHEREAS, as a result of the passage of AB 1 X 26 (the "Dissolution Bill ") and AB
1484 (the "Redevelopment Budget Trailer Bill ") the only funding source available to provide
assistance to COTS is the Housing Trust Fund;
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 COTS'
Program and activities; and
WHEREAS, there are limited funds available in the Housing Trust Fund to provide
assistance to COTS and other Community Service Organizations in need of financial assistance
in FY 2012/13;
WHEREAS, the City wishes to utilize a portion of the funds available in the Housing
Trust Fund to provide assistance to COTS for management of the Shared Living Homes and the
Alma Street facility;
WHEREAS, City has determined to provide financial assistance to COTS in the amount
of Thirty -Three Thousand Dollars ($33,000) to support the five (5) Shared Living Homes and
provide a matching fund contribution for the Alma Street Facility; and
WHEREAS, City has determined to provide further assistance of Thirteen Thousand
Twenty -Eight Dollars ($13,028) in the event that there are additional funds available to support
low and very low income homeowners in need of assistance.
WHEREAS, the City has determined that it shall set aside contingency construction
funding in the amount of Two Thousand Dollars ($2,000) per home or Ten Thousand Dollars
($10,000) total for maintenance emergencies.
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 amount of Thirty -Three Thousand Dollars ($33,000) for FY 2012/13.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does
hereby authorize and approve the provision of additional funds in the amount of Thirteen Thousand
Twenty -Eight Dollars ($13,028) in the event that those funds become available.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does
hereby approve a set -aside for contingency construction funding in the amount of Two Thousand Dollars
($2,000) per home or Ten Thousand Dollars ($10,000) total for maintenance emergencies.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does
hereby authorize and approve the City entering into the proposed Agreement by and between the
Committee on the Shelterless 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 24`h day of July, 2012.
7 \j F
CITY OF ROHNERT PARK
Mayor
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Exhibit A
FIRST AMENDMENT
TO THE AGREEMENT BY AND BETWEEN
COMMITTEE ON THE SHELTERLESS AND THE
CITY OF ROHNERT PARK TO PROVIDE MANAGEMENT SERVICES FOR THE
SHARED HOUSING PROGRAM
This First Amendment to the agreement by and between Committee on the Shelterless and the
City of Rohnert Park to Provide Management Services for the Shared Housing Program ( "First
Amendment "), dated this , 2012, is entered into between the Committee on
the Shelterless, a California non - profit public benefit corporation (hereinafter referred to as
"COTS ") and the City of Rohnert Park, a municipal corporation (hereinafter referred to as
"City ") with reference to the following facts and intentions.
WITNES SETH:
WHEREAS, COTS has successfully managed the five (5) City of Rohnert Park "Shared
Living Homes" and the COTS - leased HUD - funded Alma Street Transitional Home for at -risk
mothers with children transitioning from homelessness to independent living, as well as
providing counseling, educational opportunities and financial training for very low- income
Rohnert Park families;
WHEREAS, COTS is experiencing a funding shortfall from grant requests and private
donations and is now requesting financial support of $84,056 for the 2012/13 Fiscal Year to
assist in the support of the five (5) shared homes in Rohnert Park through June 30, 2013;
WHEREAS, COTS applied for and has been granted HUD Supportive Housing Grant
funds and requests matching funds from the City in the amount of $4,000 for the 2012/13 Fiscal
Year to subsidize below- market rate rents of the HUD - funded Alma Street facility;
WHEREAS, as a result of proposed legislation, which was subsequently signed into law
on June 29, 2011 ( "AB 1X 26 "), the Community Development Commission ( "CDC ") granted
fee title to the Shared Living Homes to the City;
WHEREAS, on July 7, 2011, the City entered into an agreement with COTS for
management of the Shared Living Homes and the Alma Street facility and to provide financial
assistance from the Affordable Housing Trust Fund;
WHEREAS, the City is desirous of continuing to augment the resources available to
COTS to assist households transitioning from homelessness to mainstream living in Rohnert
Park;
WHEREAS, as a result of the passage of AB 1X 26 (the "Dissolution Bill ") and AB 1484
(the "Redevelopment Budget Trailer Bill ") the only funding source available to provide
assistance to COTS is the Affordable Housing Trust Fund;
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 COTS'
Program and activities; and
WHEREAS, there are limited funds available in the Affordable Housing Trust Fund to
provide assistance to COTS and other Community Service Organizations in need of financial
assistance in FY 2012/13;
WHEREAS, the City will utilize a portion of the funds available in the Affordable
Housing Trust Fund to provide assistance to COTS for management of the Shared Living Homes
and Alma Street facility;
WHEREAS, the City and COTS now desire to enter into this First Amendment to
provide for financial assistance as described below.
NOW, THEREFORE, in consideration of the following mutual promises, the parties
hereby amend the Agreement as follows:
1. Section III of the Agreement by First Amendment is hereby deleted in its entirety and
replaced with the following:
Section III. CITY FINANCIAL ASSISTANCE. City shall pay the City Financial
Assistance to COTS as follows:
Within (30) days of execution of this Agreement by City, City shall pay COTS the sum
of Thirty -Three Thousand Dollars ($33,000), to support the five (5) Shared Living
Homes and provide a matching fund contribution for the Alma Street Facility.
If additional funds are available, Thirteen Thousand, Twenty -Eight Dollars ($13,028)
will be released to COTS to assist low and very low income homeowners in need of
assistance
City shall establish a fund for emergency contingency construction funding for the
Shared Living Homes in the amount of $2,000 per home or $10,000 total for repair
emergencies ( "Emergency Maintenance Fund "). To the extent reasonably possible,
COTS shall obtain prior written approval from City for expenses to be reimbursed
through the Emergency Maintenance Fund. COTS shall submit invoices and supporting
receipts for expenses to be reimbursed from the Emergency Maintenance Fund within
sixty (60) days of payment, and City shall reimburse COTS for eligible expenses within
sixty (60) days of receipt of such submissions. In no event shall the Emergency
Maintenance Fund be used for routine maintenance, but shall instead be used only for
unforeseen major repairs to conditions (e.g., major water leak, sewer line backup /breach,
electrical malfunction) that pose an imminent health or safety risk. At the discretion of
the City Manager or his /her designee, COTS may submit a reimbursement request in
excess of Two Thousand Dollars ($2,000) for emergency repairs on any home as long as
the total of all reimbursement requests does not exceed $10,000. COTS shall not be
responsible for emergency repairs that may exceed $10,000, provided however, that
COTS shall not undertake repairs costing in excess of $10,000 without first consulting
with and obtaining approval of City.
2. Section V of the Agreement is hereby deleted in its entirety and replaced with the
following:
SECTION V. TERM. The term of this Agreement, as amended, shall begin on July 1,
2012 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.
3. Agreement In Effect. Except as amended by this First Amendment, the Agreement shall
remain in full force and effect.
4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts
which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument or caused the
Amendment to be executed by their duly authorized agents this day of , 2012.
THE CITY OF ROHNERT PARK
IM
City Manager
Date:
Per Resolution No. 2012 -XX approved by the City Council of the City of Rohnert Park on
the 24th of July, 2012.
Approved as to Form:
By: Date:
City Attorney
Attest:
City Clerk
COMMITTEE ON THE SHELTERLESS ( "COTS ")
By: Date:
Executive Director