HomeMy WebLinkAbout13937RESOLUTION NO. 13937
A RESOLUTION APPROVING AN AMENDMENT NO. 2 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. 2 dated April 9, 2018 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, 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 amendment and effectuate the
transactions described herein
SECTION 3.
This Resolution shall become effective upon final passage.
INTRODUCED: April 9, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-2
Background Paper for Proposed
Resolution
CITY COUNCIL MEETING DATE: April 9, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Bryan Gallagher, Acting Director of Housing and Citizen Services
SUBJECT: A RESOLUTION APPROVING AN AMENDMENT NO. 2 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. 2 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 (“TBRA”) Program.
PREVIOUS COUNCIL ACTION:
The City Council approved Amendment No. 1 to the Agreement on March 13, 2017. The
Amendment No. 1 extended the contract period until June 30, 2018.
BACKGROUND:
Posada is currently providing case management to 41 households in the TBRA Program. The
HOME funds previously provided will be spent by May of 2018. Posada has requested additional
funding in the amount of $45,000.00. Staff recommends the additional funding and an extension
to the contract period.
The provision of additional program funds will allow Posada, Inc. to meet the needs of its current
Program participants. This Amendment No. 2 encompasses the following changes:
1- Extends the contract period until December 31, 2018; and
2- Extends program funding to the sub recipient in the amount of $45,000.
FINANCIAL IMPLICATIONS:
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. 2
AMENDMENT NO. 2 TO THE
AGREEMENT FOR TENANT-BASED
RENTAL ASSISTANCE PROGRAM SERVICES
(HOME - §92.209(k))
This Amendment No. 2 ("Amendment") is made and entered into this 9th day of April 2018,
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.
A new Subsection 2(d) shall be added to read:
(d) Subject to and contingent upon Subrecipient complying with all
requirements of this Agreement, and subject to the availability of funds in its 252 Fund,
City agrees to reimburse Subrecipient for additional eligible Program expenses in an
amount not to exceed in the aggregate Forty-Five Thousand and No/100 Dollars (U.S.
$45,000.00) for the term ending December 31, 2018.
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 December 31, 2018.
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 Cor
' gyp r ( By:
Acting City Clerk Presi ent of City Council
[ SEAL]
Approved as to form:
7L. l<13,7
City Attorney
POSADA, INC.,
ATTEST: a Colorado Non-Profit Corporation
By: �� 'PP
Title: Name: A (- S 1Iii
[ SEAL]