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Item C28 C.28 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting January 20, 2021 Agenda Item Number: C.23 Agenda Item Summary #7736 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510 N/A AGENDA ITEM WORDING: Ratification and approval of 3rd Amendment to Coronavirus Relief Fund (CRF) Agreement 4078-2020 between the Florida Housing Finance Corporation (FHFC) and Monroe County BOCC/Social Services to increase funds for the period 7/28/2020 through 03/31/2021, increasing the total allocation of $1,742,924.00 by $300,000.00 for a total amount of $2,042,924.00. The period of performance (actual service delivery) for this grant is 3/1/2020 through 12/30/2020. ITEM BACKGROUND: The Coronavirus (COVID-19) emergency has caused disruption in Florida's economy leading to high rates of unemployment and business closures. Many Floridians are in need of assistance with rental payments and mortgage payments. A portion of the CARES ACT Funds (designated the Coronavirus Relief Funds or CRF funds) is being distributed by Florida Housing Finance Corporation to local governments. PREVIOUS RELEVANT BOCC ACTION: BOCC approved 1st amendment on 11/17/20. CONTRACT/AGREEMENT CHANGES: funding increase STAFF RECOMMENDATION: Approval DOCUMENTATION: CRF executed amend 3 BACKUP CRF 1 ST AMENDMENT Additi onalFundsMonroe4 FINANCIAL IMPACT: Effective Date: 7/28/2020 Expiration Date: 03/31/2021 Packet Pg.951 C.28 Total Dollar Value of Contract: 2,042,924.00 Total Cost to County: NONE Current Year Portion: N/A Budgeted: Source of Funds: Grant CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: N/A Insurance Required: No Additional Details: 01/20/21 NEW COST CENTER ADDED $300,000.00 125-6156004 REVIEWED BY: Sheryl Graham Completed 01/05/2021 4:13 PM Pedro Mercado Completed 01/05/2021 4:15 PM Purchasing Completed 01/05/2021 4:16 PM Budget and Finance Completed 01/05/2021 4:20 PM Maria Slavik Completed 01/05/2021 5:38 PM Liz Yongue Completed 01/05/2021 5:43 PM Board of County Commissioners Pending 01/20/2021 9:00 AM Packet Pg.952 C.28.a TMRD AMENDMENT TO AGREEMENT NUMBER 078-2020 THIS THIRD ANIENDMENT ("Amendment")to AGREEMENT NUMBER 78- 2020 is entered into and effective as of January 4,2021,("Effective Date")by and between FLORIDA HOUSING FINANCE 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 March 31, 2021. C. Section C.2.of the Agreement allows for additional funds to be disbursed in an amount determined by Florida Housing. CD co N. D. The Monroe County Board of County Commissioners and Clerk of Court require anCD amendment to increase the amount of funding made under this Agreement and issue checks through January 31, 2021. �? 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) A. Effective Date; Recitals. Upon its execution by both parties,this Amendment shall be effective as of December 30, 2020. The above recitals are true and correct and form a part of this Amendment. B. Amendments. The Agreement is hereby amended to: 1. Delete Section C.1. in its entirety and replace with the fallowing: 1. Amount of Funds Available to Subrecipient The total funds made available to Subrecipient under this Agreement is up to $2,042,924.00. All funds must be expended for activities through December 30, 2020 however, checks for those activities concluded by December 30,2020 may be issued no later than January 31, 2021, Third Amendment t Agreement#078-2020 Packet Pg.953 C.28.a C. General Terms and Conditions. 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 insure to the benefit of the parties hereto, and their respective heirs, successors and assigns. 3. 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 will 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 ether terms of this Amendment shall in no way be affected thereby. CD 5. Except as specifically modified by this Amendment, the Contract shall co . CD remain in full force and effect, and all of the terms and provisions thereof are hereby ratified and confirmed. U REMAINDER OF PAGE INTENTIONALLY LEFT BLANK X W U Third Amendment 2 Agreement#078-2020 Packet Pg.954 C.28.a IN WITNESS 'WI-IERI-."OF, the Parties have executed this 'TI-11RD AMENDMI"NT to Agreement Number 07 -2020 y a duly authorized representative, etl t;tive on January 4, 2021. MONROE COU " ` I3 ICI OF COUNTY UN"I Y COMMISSIONERS R Irv. o' Name/Title; Date. '. '; t 1 TEIN: 59-6000749 FLORID -IOUSING FINANCE CORPORATION =TION � By: cV CD cv Name/Title: Hugh R.Brown/General Counsel c 10 Date: 1-4-21 - ca r9 _ t1 A 0 It ;.w A I4 E u k PEDROw... AM TFfOTOJ TY ATTORNEY � Oats 1/4/21 w Agreement 0078-2020 Packet Pg.955 C.28.b FIRST AM N17 DENT TO AGREE ENT NUMBER 078-2020 THIS FIRST AMENDMENT ("Amendment") to AGREEMENT NUMBER 078- 2 20 is entered into and effective as of October 1,2020, ("Effective Date")by and between FLORIDA HOUSING F NI ANCE 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, 2 20, ("Contrast") wherein Subrecipient agreed to participate in the Corona-virus Relief Fund Program. As used herein, "Agreement" shall include within its meaning � any modification or amendment to the Agreement. B. The terra of the Contract began.on July 28, 2020 and ends larch a 1, 2021. CD CD C. Section C.2. of the Agreement provides for a potential second disbursement of funds co on or before October 1, 2020 for Subrecipients who meet the requirements of this CD CD Agreement and are satisfactorily performing. U- AGREEPNENT LU 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 T- be el ective as of October 1, 20X The above recitals are true and correct and form a part of this Amendment. CL B. Amendments. The Agreement is hereby amended to: 1. Add a definition for Technical Bulletin as a,new Section B.11. 11. "Technical Bulletin"or"TB"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. . Delete Section C.l. in its entirety and replace with the following: 1. Amount of funds Available to ubreci it -nt: The total funds made available to Subrecipient under this Agreement is up to $938,988,00 First Amendment [ Agreement#078-2020 Packet;Pg. 956 C.28.b 3. Delete Section C~.?, in its entirety and replace with the following: 2. Disburseni nt oC FU11tls Lo Higible ` ubrecipierats: The available: funds will be disbursed to Subrecipient for activities described in Meter C:`. ., below. The Subrecipient received an initial allocation of $638,069.00 upon execution of the Agreement. Upon execution ofthe First Amendment, an additional 0, 1 . 0, shall be provided to the Subrecipient. Any additional funds will be disbursed in a amount to be determined by Florida blousing. If Florida Housing determines that the Subrecipient has failed to snake satisfactory progress in meeting the requirements of this Agreement or has otherwise failed to satisfactorily perform under the tenets of this Ageement, 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 rnav include a written plan to address the issues prepared by the Subrecipient and submitted to Florida Housing � for approval. 4 Add a nev7, section C.10., to address Technical Bulletitm N 10i TBs will berased to clarify, discuss, interpret, and provide guidance for contract administration issues related to this Agreement. T s will be both e-mailed CD and posted at Irtt � Iial lr±a d ter L)E 'rn �11 cla l�fl t lr r t r lru :„r in art tiattr w trt lr ra r t r l t ciat i sl 1 d] l,st1, and Subrecipient is encouraged to regularly check for TBs. C. (je°neral Terris and C)editions. LU !. This Amendment shall be construed and enforced according to the lbws p,f the State of Florida and venue for any actions arising hereunder shall lie ri Leon County, Florida. T- ?. This Amendment shall be binding upon and inure to the benefit of the CL parties hereto, and their respective heirs, successors and assigns. 3. This Arnendment 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. 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 witl 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 tenets ofthis Amendment shall in no way be affected thereby. Fiat ATns:nc dent 2 greement#078-2020 Packet iPg. 957 i C.28.b . Except as specifically modified by this Amendment, the Contract stall remain in full force and effect, and all of the terms and provisions thereof are hereby ratified and confirmed. co N N. CD - Fist Amendment 3 Agreement#078-2020 Packet;Pg. 958 C.28.b IN WITNTSS WHEREOF, the Parties have executed this FIRST AMENDIVI N"r to Agreement Number 07 -2020, by a duly authorized representative,effective on October 1, 020 l ONRO : CQXJNTY BOARD OF COUNTY COMMJSSIONERS y- Date:._ PD J. -� -- ASS4TA U BCC Date 1112/20 FLORIDA HOUSING FINANCE CORPORATION < co c. Name/Title: Hugh R. BrownLGeneral Counsel Date: _ 10-29-20 LU LU - CL First Amendment 4 Agreement 007 -2020 Packet;Pg. 959 C.28.c we Moke housing affordable -Ae��. FloridaHousing 227 Nor Bronough Street, Smite 5000 Tay lcjh as ee, Florida 32301 850./88.4197 - Fax 850.488.9809 & www.florirlal)ousiirg.org F i rr a n c e c o r p o r a lion January 4, 2021 Ms. Marie Brouillette, MC SHIP Coordinator Social Services 1100 Simonton Street Key West, FL 33040 RE: Additional Coronavirus Relief Fund (CRF) funds for Monroe County Dear Marie: m We are in receipt of your request of December 31, 2020 requesting$300,000 in additional CRF funds for m the Monroe County. cv At this time, we believe your progress is such that the additional funds will be expended by the deadlineCO `V r. of December 30, 2020. So,we are approving your request for$300,000. CD CD If you have any questions, please let me know. 2 C Thanks, o N Robert Dearduff 0 Assistant Director of Special Programs Ron De'�cmi;,Governor Hoci,! Dr D'ueci Ron Lieberman,'--hc mcm• Ray Dubu tue, rice C t _r cm Ryan?emon•Dons Eagle :;en.!c ntr n c rc.t _ Green Cobb Bill GulHo-cl Hcrold"Tree Price, Execuilve a rector Packet Pg.960 C.28.c r9 cv CD cv Co r® CD C 0 N m C c Ron De'>cmi's,Govcmor Roca A or Diueci o Ron in,Chainman• Ray Dubuque, Jce Chairman _rman Ryan?emon•Dons Eagle :;en.!c nho n c fc.t _ Greer)-Cobb Bill Gulllrorc! Ncroln'-"Try-: Price, Execuiive Mrector Packet Pg.961