HomeMy WebLinkAbout7.1 Tri-Valley Housing
CITY CLERK
File # D[B[j~-m[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 2,2006
SUBJECT;
Approval of Public Participating Jurisdiction Agreement to
hnancially Support the Tri-Valley Housing Opportunity Center CIJl--
Report Prepared By Julia Ahdal{J;1-Jousinf( Specialist
ATTACHMENTS;
I Resolution approving the Public Participating JUflsdictioll
Agreement (PPJA)
RECOMMENDATION;
~.
I Rcceive Staff presentation
2. Adopt the Resolution approving the Public Participating
Jurisdiction Agreement (PPJA) between the Tri-Valley Business
Council Educational Collaborative, the City of Dublin, the City
of Pleasant on, the City of Livermore, the City of San Ramon and
the Town of Danvi1le
3. Authorize the Mayor to sign the Agreement on behalf of the City
of Dublin.
FINANCIAL STATEMIi:NT:
The PP JA includes provisions for the City of Dublin to contribute
$50,000 for initial operating costs to the Tri- Valley Housing
Opportunity Center The $50,000 has becn budgcted in thc Housing
Budget for Fiscal Year 2005 - 2006.
DESCRIPTION:
On September 17,2002 the City Council indicated support for the creation of a Housing Clearinghouse
that would function as a one-stop center for affordable housing questions and assiManee in the Tri- Valley
In 2005 the Tn-Valley Housll1g Opportumty Center (Center) opened for business to provide the
anticipated services to residents of the Tri-Valley The Ccnter, which is currently privately owned and
operated by the lri- Valley Busincss Council Educational Collaborative, is located in a leased office space
at 20 SOUtll L Street in Livermore.
The Center was awarded $223,200 in U.S. Department of Housing and Urban Development (HUD)
Economic Development Initiatives grant funds for capital-related expenses. In addition the CIties of
COpy TO: In-House Distribution
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ITEM NO.JL
K:\TRI-v,<\r.1 J-"V HOUSINU opp CENTER\Staff Rcports\Statl Report TVHOC PPJA [J5020(l,dnc
Pleasanton, Livermore, San Ramon and Danville have all committed up to $50,000 each. The City of
Dublin has also provIded $50,000 in the Housing budget III FY 2005-2006 for the Center Thc PP JA
attached to thc resolution is the instrument that all thc cities will SIgn m ordcr to release the money to the
Ccnter.
The Agreement outlines the City of Dublin's requlfements for the Center to receive thc $50,000
comlmtmenL Before the money is transferred the Center will need to hlfe a permanent ExecutIve Director,
the Center wi1l need to have an acceptable Business Plan, and the Center will need to be providing
services to Dublin reSIdents. Currently the Tri-Valley Housmg Opportunity Center is recruiting for a
permanent Execuhve DIrector, thc Board of Directors IS working toward the completion of the business
plan and the Center is scrving Dublin reSIdents.
The cost of establishing and opcrating the Center IS estimated to be $450,000 for the initial three-year
period for program administration. The $223,200 awardcd from the HUD Economic Development
lmhatives grant CaruIot be used for operations and administratIon hut can only be used for capital-related
expenses assOCIated with the Center
In addition to the fundmg committed hy the Tri- Valley cltJes the Center has also received the following
contributIOns:
.
$25,000 from Citibank
$10,000 from State Fann Insurance
$ 5,000 from Washmgton Mutual
$25,000 from Fremont Bank
$ 5,000 from Bank of the West
$ 5,000 from PM!
$ 1,500 from Wells Fargo
$15,000 from the U.S. Conference of Mayors
In-kind donation of all the Center's furniture from Bank of America
.
.
.
.
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.
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To date the Center has held nine onentation sessions, eighty-five one-on-one counseling sessions and two
First Time Homebuyer classes.
RECOMMENDA nON:
Staff recommends that the City Council. I) Receive Staff presentation; 2) Adopt the Resolution apprOVlJJg
the Public Participating Jurisdlchon Agreement (PP JA) between the Tri- Valley Business Council
Educational CollaboralIve, the City of Dublin, the City of Pleasant on, the City of Livermore, the City of
San Ramon and the Town of Danville; and 3) Authorize the Mayor to sign the Agreement on behalf of the
City of Dublin.
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RESOLUTION - 06
'%10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********************************************
APPROVING THE PUBLIC PARTICIPATING JURISDICTION AGREE:MENT
BETWEEN THE TRI-V ALLEY BUSINESS COUNCIL EDUCATIONAL
COU.ABORA TIVE, THE CITY OF DUBLIN, THE CITY OF PLEASANTON, THE
CITY OF UVERMORE, THE CITY OF SAN RAMON AND THE TOWN OF
DANVILLE
WHEREAS, the City of Duhlin recognizes thc need for a private homebuyer education organization
working regionally to promote affordable homeownership and rental opportunities in the Tn-Valley region;
and
WHEREAS, thc City of Dublin supports the operat1(ln of the Tri- Valley Housing Opportunity Center
to promote homeownership and to provide a one-stop center for affordahle 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
I. Approves the Public Participating Jurisdiction Agreement (PPJAl (EXHIBIT Al to provide
$50,000 m operating start up funds to the Tri-Valley Housing Opportunity Center; and
2. Aul1wnzes the Mayor to sign the Public Participating Junsdictlon Agreement on behalf of
the City
PASSED, APPROVED AND ADOPTED by the City Council of the City of Duhlin at a regular
meeting of Said Coullcil held Oil the 2nd day of May, 2006, by the following vote:
AYES;
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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7.1
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Attachment 1
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l'lJBLlC PARTICll'ATING JUlUSDlCTJON AGREEMENT
between the
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
TillS PUBLIC PARTICIPATING mRISDICTION AGREEMENT (this "Agreement"),
is made and entcrc~ into as of thIS TIl day of , 2006, between the Trl-Valley
Business Council Educational Collaborative ("TVBCEC"), and the City of Dublin, City of
Livermore, City of Pleasanton, City of San Ramon, and the Town of Danvllle, collectively
referred to as the "PARTICIPATING PUBLIC JURISDICTIONS" or "PPJs" TYBCEC and
thc PPJS together are referred to as the "Parties."
WHEREAS, the PARTICIPATING PUBLIC JURISDICTIONS recognize the need for a
pnvate, home huyer education organi7.ation working regionally to promote affordahle
homeownership and rental opportunities in the Tri-Valley region; and,
WHEREAS, the Tri-Valley Housing Opportunity Center ("Center"), currently privately
owned and operated by Tri- Valley Busincss Council Educational Collaborativc, can provide and
has provided such services; and,
WHEREAS, the PARTICIPATING PUBLIC .IUIUSDICTIONS desire to provide funds
to the Center for this purpose; and,
WHEREAS, immediately following the execution of this Agreement, the Center will
undertake efforts to form a non-profit corporation under state and federal law; and,
WHEREAS, the Parties further recognize that it is necessary to provide for an interim
treasurer and manager of financial affairs of the Center pending formation of a not for profit
corporate structure for the Center
NOW, THEREFORE, the Parties agree as follows:
I The PPJs shall provide funding to the TVBCEC or the Center, upon its incorporation as a
nonprofit under state and federal law, in the amounts and for the purposes set forth
herem.
2. Until such time that the Ccnter is ineorporatcd and achieves not for profit status under
state and federal law ("the incorporation date"), the TYBCEC will serve as treasurer and
manager of the day-to-day tinancial atlairs of the Center. The PPls will advise the
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Exhibit A
3DblO
TVBCEC and the Center through the Tri-Vallcy Housing Opportunity Center Advlsor~
Board (the "AdvISory Board") On the services and programs that are to be provided by
the Center The Advisory Board will be compnsed of onc representative trom the staffs
of each of the PPJs and will meet from time"to-time as determined by the memhership.
3 Thc Center will provide information to residents of the PP.ls regarding private sector
lendcr programs, funding sources and homebuyer pre and post purchase education. The
CiO'Iltcr will offer a comprchcnsive counseling and education program to expand mortgagc
credit opportunities and increase homeownership in the Tri-Valley regIOn.
4 The City of Dublin will provide $50,000 in tiscal year 2005106, to the Center when the
following conditions are met: the Ccnter has a permanent Executive Director, the Center
submits a Business Plan approvcd by the City of Duhlin, and the Center is operatIOnal
and is prOVIding verifiable surviccs to Dublin residents.
5 The Cities of Livermore, Pleasanton, and San Ramon shall each contribute $50,000 in
fiscal year 2005/2006, in quarterly installments of $12,500 either to the TVBCEC or,
after the incorporation date, to the Center.
6. TIle Town of Oanvi11e will contribute $50,000 either to the TVBCEC or, after the
incorporation date, to the Center, in three installments: $16,700 in FY 2005/2006;
$16,700 in FY 2006/2007, and $16,600 in FY 2007/2008.
7 If another organization (including a municipality) agrees to provide funding to the
Ccnter, this Agrecmunt will be amcuded, with the approval of each 1'1' J
8. Until the incorporation date, thc TVBCEC will ensure that the Center complies with
applicable Federal, State, and Local regulations, prepare all required documentation,
undertake all monitoring responsibilihes required for operation of the project, and will
keep all documents relating to the operatJon of the Ccnter readily accessible to the PP Js.
All PPJs, through an authorized employee, representative or agent, shall have the right
during the term of this Agreement and for three (3) ycars from the termination of this
Agreement to inspect, COP) and/or audit the books and records of the TYBe EC or the
Center for the purpose of verifYing any and all charges or expenditures made by the
TVBCEC or the Center in connection with the contributions of monies made by the P1'Js.
The requesting PP J shall provide reasonable notice of its intent to inspect, copy or audit
during regularly scheduled hours of operations and with notice also provided to all other
PPJs.
9 Thc TVBCEC shall hold harmless and indemnifY the PPJs, their officers, employees, and
volunteers for any and all liability arising out of the TVRCEC's and the Center's
negligent acts under this Agreement.
10 As part of its management responsibilities from the date of thIS Agreement until the
incorporation date, the TVBCEC shall procure and maintain, at its own cxpense
insurance tor the Center's operations against claims for injuries to persons or damagcs to
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property which may arise from or m conneehon WIth the performance ofthe work
hereund"r by the Center, Its agents, representatives, or employees, in the amount of not
less than $1,000,000; and Worker's Compensation insnranee tor TVRCEC's and the
Center's employees.
11 This Agreement may be amended only by written consent of the Parties.
12. Upon the incorporation date, the TVRCFC shall assign to the Centcr, and the Center shall
assume, all of the obligations of the TYBCEC under this Agreement by an aSSIgnment
and assumption ab""cment sahsfactory to the PPJs. The assignment and assumption
agreement may "ontain any modifications to this Agreement as may be agreed upon
hetween the Center and the PPJs. Until su"h time, this Agreement and the obligations of
the TVBCEC herennder shall remain III full for"e and eITe,,!.
13 'Ibis Agreement represents the entire understanding of the Parties, and supersedes all
prior oral and written Agreements.
SIGNATURES NEXT 6 PAGES
Page 3
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iN WiTNESS THEREOF, the Parties have executed this Agreement as of the date first written
above.
CITY OF DUBLIN
By' ____.
Mayor
APPROVED I\.S TO FORM AND LEGAL
SUFFICIENCY
City Attorncy of Dublin
PAGE 1 OF6SIGNATUREPAGES
Page 4
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IN WITNESS THEREOF, the Parties have executed this Agreement as of lhe date first wntten
above,
CITY OF LIVERMORE
BY'
City Manager
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
City Attorney ofLivernlOre
P4GE 2 OF 6 SIGNATURE PAGES
Page 5
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IN WITNESS THEREOF, the PartIes have execlltud this Agre~mcnt as of thc datc first written
above.
CITY OF PLEASANTON
By'
City Manager
APPROVED AS TO FORM: AND LEGAL
SUFFICIENCY
City Attorney of Pleasant on
P1GE 3 O/,"6SJGNATUJlEPAG.I!.'S
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written
above.
CITY OF SAN RAMON
By'
City Manager
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
City Attorney of i;;'~~~
PAGE 4 OF 6 SIGNATURE PAGES
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written
abuve.
TOWN OF DANVILI.E
By'
Town Manager
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Attorney for Town of Danville
PAGE 5 OF 6 SIGNATURE PAGES
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IN WITNESS THEREOF, the Parties have cxecuted this Agreement as of the date fi"t wntten
above.
TRI-VALl.RY BUSINESS COUNCIL EDtJCATIONAL COLLABORATIVE
By'
President
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Attorney for Tri-Valley Business Council
PAGE 6 OF 6 SIGNATURE PAGES
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