City of Chula Vista Amendment to Agreement No.: 2023-171 Consultant Name: SBCS Corporation
Rev. 1/24/2023
FIRST AMENDMENT
to Tenant Based Rental Assistance Program Contract
between the City of Chula Vista
and
SBCS Corporation
This First Amendment is entered into effective as of July 18, 2023 (“Effective Date”) by and between the City of Chula Vista (“City”) and SBCS Corporation (“Subrecipient”) with reference to the following facts:
RECITALS
WHEREAS, as a U.S. Department of Housing and Urban Development (HUD) entitlement community the City receives an annual allocation of HOME Investment Partnership Program (HOME) federal funds for a variety of housing activities including construction of affordable housing; rehabilitation of affordable housing; acquisition of buildings for afforda ble housing; homebuyer down payment assistance and counseling; and tenant-based rental assistance; and
WHEREAS, in Fiscal Year 2014-15 (FY14-15) the City of Chula Vista received $631,125 in HOME funds and designated 10% of such funds for administrative, 15% towards Community Housing Development Organization’s (CHDO’s), and the remaining $473,343.75 in funds for the Anti-Poverty Strategy of FY14-15; and
WHEREAS, on July 18, 2023 HUD notified the City that of the FY14 -15 HOME funds $85,774.95 was not used and has been carried over into the current fiscal year and reallocated as general entitlement funds with an expenditure deadline of September 30, 2023; and
WHEREAS, based on the allowable uses and the expenditure deadline of the reallocated funds staff has determined the most appropriate and expedient use of such funds is for tenant based rental assistance for low-income families or individuals; and
WHEREAS, the City has an existing contract for a HOME funded Tenant Based Rental Assistant Program with SB CS Corporation, Agreement No. 2022 -233 (“Original Contract”) for $818,597, and therefore desires to amend such Original Contract to add the reallocated $85,774.95, increasing the amount of the contract to a total of $904,371.95.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Subrecipient agree as follows:
1. The Original Contract is amended as follows: Section IV of the Original Contract , “Compensation”, is amended to replace “$818,597.00” with “$904,371.95”.
2. Pursuant to section VII. of the Original Contract, the Term is extended through June 30, 2024.
City of Chula Vista Amendment to Agreement No.: 2023-171 Consultant Name: SBCS Corporation
Rev. 1/24/2023
3. Except as expressly provided herein, a ll other terms and conditions of the Original Contract shall remain in full force and effect.
4. Each party represents that it has full right, power and authority to execute this First Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this First Amendment on the behalf of such party are duly authorized agents with authority to do so.
(End of page. Signature page is next.)
City of Chula Vista Amendment to Agreement No.: 2023-171 Consultant Name: SBCS Corporation
Rev. 1/24/2023
SIGNATURE PAGE TO FIRST AMENDMENT
to Tenant Based Rental Assistance Program Contract
between the City of Chula Vista
and
SBCS Corporation
SBCS CORPORATION CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
KATHRYN LEMBO MARIA KACHADOORIAN
PRESIDENT & CEO CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney