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Home My WebLink About11677RESOLUTION NO. 11677 A RESOLUTION APPROVING AN AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC., DBA NEIGHBORWORKS OF PUEBLO, INC., AS SUBRECIPIENT AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment No. 2 dated August 24, 2009, to the Homeowner Housing Rehabilitation Program Services Agreement dated April 9, 2007 between Neighborhood Housing Services of Pueblo, Inc., (doing business as) NeighborWorks of Pueblo, Inc., and the City of Pueblo, a Municipal Corporation, (the "Agreement "), for the rehabilitation of owner - occupied housing in the Agency's service area, a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute the Agreement in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest to the same. INTRODUCED: August 24, 2009 AT7ESTDD Sy: CITY CLERK BY: Judy Weaver } C � OUNCILPERSON APPRD' } PRESIDENTaf Cfty Council L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # M - 5 DATE: AUGUST 24, 2009 DEPARTMENT: HOUSING AND CITIZEN SERVICES / ADA RIVERA CLARK TITLE A RESOLUTION APPROVING AN AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC., DBA NEIGHBORWORKS OF PUEBLO, INC., AS SUBRECIPIENT AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE On April 9, 2007 the City Council approved an Agreement for Homeowner Housing Rehabilitation Program Services (the "Agreement ") between the parties. The Agreement expired on April 8, 2009 This Amendment extends the Agreement until December 31, 2009, and decreases the amount of funding to be made available. RECOMMENDATION Approval of the Resolution BACKGROUND In 2006, NeighborWorks and Housing and Citizen Services staff met to discuss partnership opportunities. It was determined that the best vehicle for partnership would be the City's existing Owner - Occupied Rehabilitation Program. In April 2007, the City and NHS entered into an agreement that allowed the agency to act as a subrecipient of HOME funds to provide qualifying rehabilitation loans to eligible households in Bessemer. This is the second amendment to the Agreement. The amendment does two things: 1) extends the Agreement to December 31, 2009; and 2) reduces the amount of available HOME funding to $100,000. The original agreement provided for $500,000. To date, approximately $6,000 has been used. The HOME grant has commitment and expenditure requirements, which must be met in order to avoid recapture. The change will also allow NW to complete rehabilitation projects in the pipeline prior to the expiration of the Agreement. NeighborWorks is requesting an extension to the Agreement in order to meet the obligations under those projects. FINANCIAL IMPACT The funding is available in the 251 Fund and has been appropriated for this purpose. The Amendment to the Agreement will make $343,000 available in the HOME grant for other eligible projects. AMENDMENT NO. 2 Agreement for Homeowner Housing Rehabilitation Program Services THIS AMENDMENT NO. 2 To the Agreement for Homeowner Housing Rehabilitation Program Services is made and entered into this 24` day of August, 2009 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City ") and Neighborhood Housing Services of Pueblo, Inc., a Colorado Nonprofit Corporation, doing business as "NeighborWorks of Pueblo" , (hereinafter referred to as "Subrecipient "). WHEREAS, Subrecipient and City have heretofore entered into an Agreement dated April 9, 2007 (hereinafter "the Agreement ") wherein Subrecipient agreed to undertake the delivery of the City's Owner - Occupied Rehabilitation Program within the Agency's targeted service area in accordance with the terms of that Agreement, the City's housing strategy and the requirements of law, including but not limited to the Home Investment Partnership Act, 42 U.S.C. §12701 et se ., and implementing regulations including, but not limited to, those at 24 CFR Part 92; and the Housing and Community Development Act, 42 U.S.C. §5301 et. seq ., and implementing regulations; and WHEREAS, Subrecipient has requested an extension to the expiration date of the Agreement; and WHEREAS, it is necessary and desirable that the Agreement be amended, subject to all terns and conditions of the Agreement; NOW, THEREFORE, in consideration of the foregoing and the mutual terms and conditions set forth herein, the parties agree as follows: 1. The Agreement is amended by revising paragraph seven thereof to state that unless sooner terminated, the term of this Agreement, for purposes of disbursement of Grant funds and completion of the Program, shall be from the date of execution hereof until December 31, 2009. 2. The Agreement is amended by revising paragraph (2)(a) thereof to state that the amount of aggregate payments shall not exceed $157,000 and No./] 00 Dollars (U.S. $157,000 3. The Agreement is amended by revising paragraph (2)(a)(i) thereof to state that the amount of aggregate payments shall not exceed $107,000 and No./] 00 Dollars (U.S. $107 4. Except as expressly modified by this Amendment No. 2, the Agreement shall remain in full force and effect. Except as expressly modified, any obligations remaining to be performed under the original Agreement by either party, are not waived or excused in any manner, but shall be fully performed in accordance with the terns and conditions of the Agreement as it existed prior to IN WITNESS WHEREOF, Subrecipient and City have executed this Amendment No. 2 To Agreement for Homeowner Housing Rehabilitation Program Services as of the date first above written. Neighborhood Housing Services of Pueblo, Inc. By:_ �� Name: « L Title: And By: ( /- , ^ Name: & &r TitleAc / xwd e ryr rs CITY OF PUEBLO, A Municipal Corporation ATTEST: WIN ff ' B y . - -- President of the City Council [SEAL]