Loading...
HomeMy WebLinkAboutItem 7.1 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 Page I ol2 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 . . . . . . . . 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. Page 2 01'2 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 K:\TRI. V AlLEY (lOUSING opp Cli;'~TJ:;R\Slaft' 1t.(:I.'(111s\Io:~hlric.n,Pf>JA ()~02IHI,L'hc 7.1 5jz/OlP Attachment 1 Z~fO 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 Page] 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 Page 2 ~r5blO 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 5 a-ol 0 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 I.n Uo 10 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 1(0'0 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 Page 6 ~<nlO 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 Page 7 q ()b1o 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 Page 8 100blD 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 Page 9