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Home My WebLink AboutReso 55-06 Public Participating Jurisdiction RESOLUTION NO. 55 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ****~.****.***********.*..*~*ft******...****** APPROVING THE PUBLIC PARTICIPATING JURISDICTION AGREEMENT BETWEEN THE TRI-V ALLEY BUSINESS COUNCIL EDUCATIONAL COLLABORATIVE, THE CITY OF DUBLIN, THE CITY OF PLEASANTON, THE CITY OF LIVERMORE, THE CITY OF SAN RAMON AND THE TOWN OF DANVILLE WHEREAS, the City of Dublin recognizes the need for a private homebuyer education organization working regionally to promote affordable bomeownership and rental opportunities in the Tri-Valley region; and WHEREAS, the City of Dublin supports the operation of the Tri- Valley Housing Opportunity Center to promote homeownership and to provide a one-stop center for affordable housing questions and assistance; and WHEREAS, the City of Dublin desires to provide funds to the Center to promote this purpose. NOW, THEREFORE BE IT RESOLVED, that the City Council 1 Approves the Public Participating Jurisdiction Agreement (pPJA) (attached hereto as Exhibit A) to provide $50,000 in operating start up funds to the Tri-Valley Housing Opportunity Center; and 2. Authorizes the Mayor to sign the Public Participating Jurisdiction Agreement on behalf of the City PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin at a regular meeting of said Council held on the 2nd day of May, 2006, by the following vote: AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None A~~ill M~ City Clerk Reso No. 55'{)6, Adopted 512106, Item 7 1 Pa~e I of1 PUBLIC PARTICIPATING JURISDICTION AGREEMENT betwccn thc TRI-VALLEY BUSINESS COUNCIL EDUCATIONAL COLLABORATIVE and the CITY OF DUBLIN, CITY OF LIVERMORE, CITY OF PLEASANTON, CITY OF SAN RAMON and the TOWN OF DANVILLE THIS PUBLIC PARTICIPA~G .JURISDICTION AGREEMENT (this "Agreement"), is made and entered into as of this <1d- TH day of ~, 2006, hetween the Tri- Vallcy Business Council Educational Collaborative ("TVBCEC"5;' and the City of Dublin, City of Livermore, City of Pleasanton, City of San Ramon, and the Town of Danvillc, collectively referred to as the "PARTICIPATING PUBLIC nJRISDICTIONS" or "PP.Js" TVBCEC and the PPJS together arc referred to as the "Parties." WHEREAS, the PARTICIPATING PUBLIC JURISDICTIONS recognize the need for a private, home buyer education organizalIon working regionally to promote affordable homeownership and rental opportunities in the Tri-Valley region; and, WHEREAS, the Tri-Valky Housing Opportunity Center ("Center"), currently privately owned and operated by TriNaJley Business Council Educational Collahorative, Call provide and has provided su.:h services; and, WHEREAS, thc PARTICIPATING PUBLIC JURISDICTIONS desire to provide funds to the Center for this purpose; and, WHEREAS, nIUnediately following the execution of this Agreement, the Center will undertake efforts to foml a non-profit corporation under state and federal law; and, WHEREAS, the Parties fUliher recognize that it is necessary to provide for an mtenm treasurcr and manager of financial affairs of the Center pcnding formation of a not for profit corporate structure for the Center NOW, THEREFORE, the Parties agree as follows: The PPIs shall provide funding to the TVBCEC or the Center, upon its incorporation as a nonprofit undcr state and fedcral law, m the amounts and for the purposes set forth herein. 2. Until such time that the Center is incorporated and achieves not for profit status under state and federal law ("the incorporation date"), the TVBCEC will serve as treasurer and manager of the day-to-day finanCial alEnrs of the Center The PPJs will advise the Page 1 TVBCEC and the Center through the Tn-Valley HOUSIng Opportunity Center AdVISOry Board (the "AdvisOlY Board") on the services and programs that are to he provided hy the Center. The Advisory Board will be comprised of one represcntative from the staffs of each oflh" PPJs and will meet from time-to-trme as determined by the membcrslup. 3 The Center will proVIde mforma!lon to reSIdents of the PPJs regarding private se"tor lender programs, funding sources and homebuyer pre and post purchase education. The Center will offer a comprehensive counseling and education program to expand mortgage "redit opportunities and increase homeownership in the Tri-Valley region. 4 The City of Dublin will provide $50,000 in fiscal year 2005/06, to the Center when the following conditions are met: the Center has a permanent Executive Director, the Center submits a Business Plan approved by the City of Dublin, and the Center is operational and is providing verifiable services to Dublin residents. 5 The Cities of Livermore, Pleasanton, and San Ramon shall each contribute $50,000 in fiscal year 2005/2006, in quart"rly installments of $12,500 either to the TVBCEC or, after the incorporation date, to the Center 6. Th" Town of Danville will contribute $50,000 either to the TVBCEC or, after the Incorporation date, to the Center, in three installments: $16,700 in FY 200512006; $16,700 in FY 2000/2007, and $10,600 in FY 2007/2008. 7 If another organization (including a municipality) agrecs to provide funding to the Ccnter, this Agreement will be amended, with the approval of each PPJ R. Until the incorporatlOn date, the TVBCEC will ensure that the Center complies with applicable Federal, State, and Local regulations, prepare all required documentation, undertake all monitoring responsibilities required for operation of the project, and will keep all documents relating to the operation ofthe Center readily accessible to thc PPJs. All PPJs, through an authon;oed employee, represental1ve or agent, shall have the right during the term of this Agreement and for three (3) years from the termination oftrus Agrecment to inspect, "opy and/or audit the books and records of the TVBCEC or the Center for the purpose of verifYing any and all charges or expenditures madc by th" TVBCEC or the Cc''T11er in connectIon With the contributIOns of IllomeS Inade by the PPJs. The requesting PPJ shall provide reasonable notice of its intent to inspect, copy or audit during rcgularly sehcduled hours of opcrations and with notice also provided to all other PPJs. 9 The TVBCEC shall hold hannless and mdemnil'y the PPJs, their o!Ticers, employees, and volunteers for any and all liability arising out of the TYBCEC's and thc Center's negligcnt ads under this Agreement. 10 t\s pmt of its management responsibilities from the date of this Agreemcnt until the incorporation date, the TVBCEC shall procurc and mamtain, at Its own expense insurance for the Center's operations against claims for injuries to persons or damages to Page 2 property which may arise from or in connection with the performance of the work hereunder by the Center, Its agents, representatives, or "mployces, in the amount of not less than $1,000,000; and Worker's Compensation insurance for TVBCEC's and the Center's employees. 11 TIlls Agreement may be amended only by written GOnsent ofth~ Parhes. 12. Upon the incorporation date, the TVBCEC shall assign to the Center, and the Center shall assume, all of the obligations of the TVBCEC undcr this Agreement by an assignment and assumption agreement satisfactory to the PPJs. The assignment and assumptIOn agrecment may contain any modifications to this Agreement as may be agreed upon between the Center and the PPJs. Until such time, this i\greement and the ohligatlOns of the TVBCEC hereunder shall remain in full force and effcct. 13 This Agreement represents the entire understanding of the Parties, and supersedes all prior oral and written Agreements. SIGNATURES NEXT 6 PAGES Page 3 iN WiTNESS THEREOF, the Parties have executed this <\greement as of the date first written above. CITY A '~O Attest:-~!~ ~~, .:t,'\.------ City Clerk By' M r APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~)~ ~ Ci _", ofDoblm -7 PAGE 1 OF 6 SI(;/liATIIRE P4(;eS Page 4 IN WITNESS THEREOF, the PartIes have exeGuled flus Agreement as of the date first written above. CITY OF LIVERMORE By City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney of Livermore P4GE 2 OF 6 SIGNATURE PAGES Page 5 IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written ahove. CITY OF PLEASANTON By' City ManagCT APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney of P!casantun P 4Gli.1 OF 6 SIGNATURE P4GFeS Page (, IN WITNESS THEREOF, the Parti<ts have executed this Agreement as of the date first wntlen above. CITY OF SAN RAMON By' _,,"__ City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attome) of San Ramon PAGE 4 OF 6 SIGNATURE PAGES Page 7 IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written ahove. TOWN OF DANVTLLE By' Town Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Attorney for Town of Danville PAGE 5 OF 6 SIGNATURE PAGES Page 8 IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written ahove. TRI- V ALLEY BUSINESS COUNCIL EDUCATIONAL COLLABORATIVE BY' President APPROVED AS TO FORM AND LEGAL SUFFICIENCY Attorney for Tn-Valley Business Council PAGE fI OF 6 SIGNATURE PAGES Page 9