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Home My WebLink About13631 RESOLUTION NO. 13631 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 March 13, 2017, to the Agreement for Tenant-Based Rental Assistance Program Services (HOME - §92.209(k)) dated July 27, 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 upon final passage. INTRODUCED: March 13, 2017 BY: Ed Brown City Clerk’s Office Item # M-6 Background Paper for Proposed Resolution CITY COUNCIL MEETING DATE: March 13, 2017 TO: President Stephen G. 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: This Resolution approves an Amendment No. 1 to the Agreement for Tenant-Based Rental Assistance Program Services (HOME - §92.209(k)) dated July 27, 2015 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 a sub recipient agreement with Posada, Inc., to administer the Tenant Based Rental Assistance Program. The Agreement will be expiring in the next quarter, and funds are still available for the stated services. The provision of additional administrative funds will allow Posada, Inc., to convert the current case management part-time position into a full-time position. This Amendment No. 1 encompasses the following changes: 1- Extends the contract period until June 30, 2018; 2- Extend administrative funding to the sub recipient. These two actions will allow more clients to be served under the Program. FINANCIAL IMPLICATIONS: The funding was committed under the original Agreement of July 27, 2015. The additional funding for delivery of the Program is available in Fund 252. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: The City can 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 AMENDMENT NO. 1 TO THE AGREEMENT FOR TENANT-BASED RENTAL ASSISTANCE PROGRAM SERVICES (HOME - §92.209(k)) This Amendment No. 1 ("Amendment") is made and entered into this 13`h day of March 2017, 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 "Subrecipient"). WITNESSETH, that: WHEREAS, the City has entered into agreements with the U.S. Department of Housing and Urban Development ("HUD"), whereby federal financial assistance may be made available to City on behalf of the Pueblo Consortium ("Consortium") established under Agreements between the City and Pueblo County, Colorado, as a participating jurisdiction for the purpose of expanding the availability of affordable housing pursuant to the Home Investment Partnerships Act("the Act") (42 U.S.C. 12701 et seq.),the Cranston-Gonzales National Affordable Housing Act and implementing regulations, including but not limited to those at 24 CFR 92; and WHEREAS, in accordance with the provisions of the Act and 24 CFR Sections 92.205(a)(1) and 92.216, a portion of such financial assistance, subject to deobligation (and subject to appropriation with respect to any assistance payable out of future fiscal year allotments), may be made available for the purpose of carrying out specific elements of the participating jurisdiction's housing strategy including provision of tenant-based rental assistance; and WHEREAS, City and Subrecipient entered into the Agreement for Tenant-Based Rental Assistance Program Services (HOME - §92.209(k)) dated July 27, 2015 ("Agreement") for the operation of a tenant-based rental assistance program serving disabled individuals with chronic mental health illness, families and individuals transitioning out of homelessness, and young adults transitioning out of foster care; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, amendments set forth herein, the parties shall amend the Agreement as follows: 1. AMENDMENTS. Section 2(a) shall be deleted in its entirety and replaced with: (a) Subject to and contingent upon Subrecipient complying with all requirements of this Agreement, and subject to the availability of funds in the 252 Fund, City agrees to reimburse Subrecipient for eligible Program expenses in an amount not to exceed in the aggregate Forty-Five Thousand and No/100 Dollars (U.S. $45,000). A new Subsection (c) shall be added to Section 2, to read: (c) Subject to and contingent upon Subrecipient complying with all requirements of this Agreement, and subject to the availability of funds for the Program, City shall extend to Subrecipient Program funds for administrative use per 24 CFR 92.207, in an amount not to exceed Forty-Five Thousand and No/100 Dollars (U.S. $45,000). Section 6(c) shall be deleted in its entirety and replaced with: (c) The aggregate of all payments made pursuant to this Agreement shall not exceed Six-Hundred Twenty Thousand and No/000 Dollars (U.S. $620,000). Section 7 shall be deleted in its entirety and replaced with: Unless sooner terminated, the term of this Agreement, for purposes of disbursement of funds provided hereunder, shall be from the date first recorded above until June 30, 2018. A new Section 25 shall be added, to read: 25. CURRENT APPLICABILITY OF LAW. All references to federal, state, and municipal laws shall be kept current and all references shall be considered "as amended"for the purposes of this Agreement. If a law is deleted or amended in such a way as to no longer apply, and if there is no applicable contract provision, the parties shall agree in writing on a new contract provision to cover the discrepancy. 2. GOVERNING LAW AND VENUE. This Amendment shall be governed by the laws of the State of Colorado. Venue for any action arising under this Amendment or for the enforcement of this Amendment shall be in a state court with jurisdiction located in Pueblo County, Colorado. 3. MODIFICATION. Except as expressly modified by this Amendment, 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. 4. SIGNATURES. The persons signing this Amendment on behalf of Subrecipient represent and warrant that such persons and Subrecipient have the requisite power and authority to enter into, execute and deliver this Amendment and that this Amendment is a valid and legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with its terms. IN WITNESS WHEREOF, Subrecipient and the City have executed this Amendment as of the date first above written and under the laws of the State of Colorado. CITY OF PUEBLO, ATTEST: A Municipal Co poratiofr— 11111 `—►� .`'r-�~i By: City rk President o Council [ SEAL] Approved as to form: leit � 1 } City Attorney POSADA, INC., ATTEST: a Colorado Non-Profit orporation 17M icrThBy: 'i/r �r Title: �CT Name - L rr m 1 ( 1-a.41 . [ SEAL]