FIRST AMENDMENT TO AGREEMENT NUMBER 106-2020FIRST AMENDMENT
TO AGREEMENT NUMBER 106-2020
THIS FIRST AMENDMENT ("Amendment") to AGREEMENT NUMBER 106-
2020 is entered into and effective as of October 1, 2020, ("Effective Date") by and between
FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public
body corporate and politic ("Florida Housing"), and CITY OF CLEARWATER
("Subrecipient").
RECITALS
A. Florida Housing and Subrecipient entered into Contract Number 106-2020, dated
August 18, 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 August 18, 2020 and ends March 31, 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:
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.
2. Delete Section C.1. in its entirety and replace with the following:
1. Amount of Funds Available to Subrecipient: The total funds made available
to Subrecipient under this Agreement is up to $634,546.00.
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Agreement #106-2020
3. Delete Section C.2. in its entirety and replace with the following:
2. Disbursement of Funds to Eligible Subrecipients: The available funds will
be disbursed to Subrecipient for activities described in Item C.4., below. The
Subrecipient received an initial allocation of $375,576.00 upon execution of the
Agreement. Upon execution of the First Amendment, an additional $258,970.00
shall be provided to the Subrecipient. 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 a written plan
to address the issues prepared by the Subrecipient and submitted to Florida Housing
for approval.
4. Add a new section C.10., to address Technical Bulletins:
10. TBs will be used to clarify, discuss, interpret, and provide guidance for
contract administration issues related to this Agreement. TBs will be both e-mailed
and posted at https://www.floridahousing.org/programs/special-programs/ship---
state-housing-initiatives-partnership-program/ship-technical-bulletins, and
Subrecipient is encouraged to regularly check for TBs.
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 inure 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
other terms of this Amendment shall in no way be affected thereby.
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Agreement #106-2020
5. Except as specifically modified by this Amendment, the Contract shall
remain in full force and effect, and all of the terms and provisions thereof are hereby
ratified and confirmed.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Agreement #106-2020
IN WITNESS WHEREOF, the Parties have executed this FIRST AMENDMENT to
Agreement Number 106-2020, by a duly authorized representative, effective on October 1,
2020.
CITY OF CLEARWATER
By: See attached s i gna tiire 1? ?e
Name/Title:
Date:
FEIN:
FLORIDA HOUSING FINANCE CORPORATION
By: 17-
Name/Title: Hugh R. Brown/General Counsel
Date: 10-20-20
First Amendment
Agreement #106-2020
Countersigned:
First Amendment to Agreement Number 106-2020
Florida Housing Finance Corporation
Frank V. Hibbard
Mayor
Approved as to form:
Laura Mahony
Senior Assistant City Attorney
First Amendment
Agreement #106-2020
CITY OF CLEARWATER, FLORIDA
By: (I\ i.t144.4 bilqxcL)—jr_
William B. Horne II
City Manger
Attest:
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Rosemarie CaII
City Clerk