1st Amendment 11/17/2020 FIRST AMIENDMENT
TO AGREEMENT NUMBER 078-2020
THIS FIRST AMENDMENT ("Amendment") to AGREEMENT NUMBER 078-
2020 is entered into and effective as of October 1,2020, ("Effective Date")by and between
FLORIDA HOUSING FrNANCE CORPORATION, a public corporation and a public
body corporate and politic ("Florida Housing"), and MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ("Subrecipient").
RECITALS
A. Florida Housing and Subrecipient entered into Contract Number 078-2020, dated July
28, 2020, ("Contract") wherein Subrecipient agreed to participate in the Coronavirus
Relief Fund Program. As used herein, "Agreement" shall include within its meaning
any modification or amendment to the Agreement.
B. The term of the Contract began on July 28, 2020 and ends Maruh 3)1, 2021.
C. Section C.2. of the Agreement provides for a potential second disbursement of funds
on or before October 1, 2020 for Subrecipients who meet the requirements of this
Agreement and are satisfactorily performing.
AGREEMENT
NOW THEREFORE, in consideration of the terms and conditions contained in the
Contract and this Amendment, and other good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
A. Effective Date: Recitals, Upon its execution by both parties, this Amendment shall
be effective as of October 1, 2020. The above recitals are true and correct and form a part
of this Amendment.
B. Amendments, The Agreement is hereby amended to:
I. Add a definition for Technical Bulletin as a new Section 13.11.
11. "Technical Bulletin"or'713"means any technical assistance document that
Florida Housing issues to explain updated processes, provisions or monitoring
requirements as Florida Housing receives updates, clarification and additional
guidance with respect to the CRF funds.
2. Delete Section C.I. in its entirety and replace with the following:
i. Amaunt.of Eunds Available to Subrecipient: The total funds made available
to Subrecipient under this Agreement is up to $938,988.00.
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1 Delete Section C-2. in M entirety and replace with the following:
2. Disbursement of Funds to Eligible Subreciptcnts, The available funds will
be disbursed to Subrecipient for activities described in Item CA., below. The
Subrecipient received an initial allocation of $638,069.00 upon execution of the
Agreement. Upon execution of the First Amendment, an additional $300,919.00
shall be provided to the Subre-cipient. Any additional funds will be disbursed in an
amount to be determined by Florida Housing. If Florida Housing determines that
the Subrecipient has failed to make satisfactory progress in meeting the
requirements of this Agreement or has otherwise failed to satisfactorily perform
under the terms of this Agreement, subsequent funds may be withheld by Florida
Housing pending resolution of the issues giving rise to the lack of progress or
failure to perform satisfactory to Florida Housing which may include avvriven plan
to address the issues prepared by the Subrecipi,Qnt and submitted to Florida,Housing
for approval-
4. Add a ne�v section C.I O., to address Technical Bulletins:
10. TBs will be used to clarify, discuss, interpret, and provide guidance for
contract;ad ministrafion issues related to this Agreement. TBs will be both e-mailed
and posted at I 2rogprams,"
state-[iousl na-i�,i i ti i r)-Pro v ram shi P-techni",I-bu I�ei i ns, and
Subrecipient is encouraged to regularly check for TBs.
C. General Tern j Q(_)nditions.
1. This Amendment shall be construed and enforced according to the laws of
the State of Florida and venue for any actions arising hereunder shall lie in Leon
County, Florida.
2, This Amendment shall be binding upon and inure to the benefit of the
parties hereto, and their respective heirs, successors and assigns,
1 This Amendment may be executed in counterpart originals,no one of which
needs to contain the signatures of all parties hereto, but all of which together shall
constitute one and the same instrument,
4. All rights, powers and remedies provided herein may be exercised only to
the extent that the exercise thereof does not violate any applicable law and are intended
to be limited to the extent necessary so that they still not render this Amendment
invalid, illegal, or unenforceable under any applicable law. If any term of this
Amendment shall be held to be invalid, illegal or unenforceable, the validity of the
other terms of this Amendment shall in no way be affected thereby.
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5. Except as specifically modified by this Amendrnent, the Contract shall
remain in fall force and effect, and all of the to and provisions thereof are hereby
ratified and confirmed.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS E E CAB, the Parties have executed this FIRST E -IENT to
Agreement lumber 0 .2020,by a duly authorized representative,effective on October
2020.
MOOR E C�KJNTY BOARD OF COUNTY COMMISSIONERS
By--
NROE COUNTY ATMN Y
Name/ itie; A 137E �,,r FOPAA
Date:— I
w 2 RED O)J. G
ASI tl ATTORNEY
FEIN- — Ct ®late 1/2/20
FLORIDA HOUSING FINANCE CORPORATION
By:_
Name/Title: Hugh R. Brown/General Counsel
Date-.— 10-29-20
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