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HomeMy WebLinkAbout13305RESOLUTION NO. 13305 A RESOLUTION APPROVING AN AMENDMENT NO. 1 TO AN AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE PROGRAM SERVICES BETWEEN POSADA, INC., A COLORADO NON-PROFIT CORPORATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment No. 1 dated September 28, 2015, to the Agreement for Tenant Based Rental Assistance Program Services dated December 23, 2015 between Posada, Inc., a Colorado Non-Profit Corporation, and the City of Pueblo, a Municipal Corporation, (the “Agreement”), for the management of a tenant-based rental assistance program, 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 officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached agreement and effectuate the transactions described herein SECTION 3. This Resolution shall become effective immediately upon final passage. INTRODUCED: September 28, 2015 BY: Dennis Flores City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution CITY COUNCIL MEETING DATE: September 28, 2015 TO: President Stephen K. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Ada Rivera Clark, Director of Housing and Citizen Services SUBJECT: A RESOLUTION APPROVING AN AMENDMENT NO. 1 TO AN AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE PROGRAM SERVICES BETWEEN POSADA, INC., A COLORADO NON-PROFIT CORPORATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is a Resolution for City Council consideration approving an Amendment No. 1 to an Agreement with Posada, Inc. for the delivery of a Tenant Based Rental Assistance Program. PREVIOUS COUNCIL ACTION: The City Council has not taken any previous action on this matter. BACKGROUND: In December of 2013, the City of Pueblo entered into a subrecipient agreement with Posada, Inc., to administer the Tenant Based Rental Assistance Program. The Agreement expired and funds are still available for the stated services. This Amendment No. 1 encompasses the following changes: 1- Extends the contract period until December 31, 2016. 2- Makes these changes retroactive to March 1, 2015. FINANCIAL IMPLICATIONS: The funding was committed under the original Agreement of December 23, 2013. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The City could choose not to extend the contract date. The funds would then be available for reprogramming. If no other projects materialized then the funds could be subject to recapture by HUD RECOMMENDATION: Approve the Resolution. ATTACHMENTS: • AMENDMENT NO. 1 TO AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE PROGRAM SERVICES This Amendment No. 1 to Agreement for the Tenant Based Rental Assistance Program Services is made and entered into this 28th day of September 2015 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City") and Posada, Inc., a Colorado Non-Profit Corporation_(hereinafter referred to as "Posada"). WHEREAS, Subrecipient and City have heretofore entered into an Agreement dated December 23, 2013(hereinafter"the Agreement")wherein Subrecipient agreed to manage on behalf of the City a tenant based rental assistance program 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 Partnerships Act, 42 U.S.C. §12701 etsem., 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, the term of the Agreement has expired and funds are still available; and WHEREAS, it is necessary and desirable that the Agreement be amended, subject to all terms 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 7 thereof to state that, "Unless sooner terminated,the term of this Agreement,for purposes of disbursement of funds provided hereunder shall be from the date of execution hereof until December 31, 2016." 2. Funding to be made available retroactive to March 1, 2015. 3. Except as expressly modified by this Amendment No. 1,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 terms and conditions of the Agreement as it existed prior to this Amendment No. 1. • IN WITNESS WHEREOF, Subrecipient and City have executed this Amendment No. 1 to Agreement for Tenant Based Rental Assistance Program Services as of the date first above written. Posada, Inc. By: 54- 6/,rtti Name: A MN 6/4 /660 Title: President of the Board CITY OF P -07 ATTEST: A - •= Corporatio) Name: Stephen G. Nawrocki City rk Title: President of City Council [S E A L]