R20-114 1 RESOLUTION NO. R20-114
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
5 SIGN THE FIRST AMENDMENT TO THE CORONAVIRUS
6 RELIEF FUND (CRF) SUBRECIPIENT FUNDING AGREEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH (SUBRECIPIENT)
8 AND THE FLORIDA HOUSING FINANCE CORPORATION
9 (FLORIDA HOUSING); AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS,the City of Boynton Beach was awarded Coronavirus Relief Funds(CRF)
13 to be disbursed in up to two payments with the first totaling $263,000.00; and
14 WHEREAS, Florida Housing is issuing a second disbursement of funds to the City ion
15 the amount of $191,314.00 which, like the first disbursement, are required to be used for
16 individual recovery assistance involving monthly rental and mortgage expenses, emergency
17 home repairs, foreclosure and eviction prevention, and housing re-entry, and homeownership
18 counseling programs and activities; and
19 WHEREAS,the City has until December 331st to spend both disbursements,and must
20 show good progress in spending the first disbursement before the second disbursement is
21 released; and
22 WHEREAS, the City Commission has determined that it is in the best interests of
23 the residents of the City to approve and authorize the Mayor to sign a First Amendment to the
24 Coronavirus Relief Fund (CRF) Subrecipient Funding Agreement between The CITY OF
25 BOYNTON BEACH ("Subrecipient") and the FLORIDA HOUSING FINANCE
26 CORPORATION ("Florida Housing") to govern the expenditure of the CRF funds and
27 subsequently disbursed CRF funds by Florida Housing.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
29 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
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30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2. The City Commission approves and authorizes the Mayor to sign a First
34 Amendment to the Coronavirus Relief Fund (CRF) Subrecipient Funding Agreement
35 between The CITY OF BOYNTON BEACH ("Subrecipient") and the FLORIDA HOUSING
36 FINANCE CORPORATION("Florida Housing")to govern the expenditure of the CRF funds
37 and subsequently disbursed CRF funds by Florida Housing. A copy of the First Amendment
38 to the Agreement is attached hereto as Exhibit"A".
39 Section 3. This Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this 1day of October, 2020.
41 CITY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44
45 Mayor—Steven B. Grant ✓
46
47 Vice Mayor—Ty Penserga ✓
48
49 Commissioner—Justin Katz gseh+-
50
51 Commissioner—Woodrow L. Hay
52
53 Commissioner—Christina L. Romelus
54
55 v
56 VOTE /'+0
57 ATTEST:
58
59
61 C tal Gibson,MMC ' ° �t�" '
62 City Clerk
63 �.r..6. t xY �2b �.
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64 (Corporate Seal) y .
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FIRST AMENDMENT
TO AGREEMENT NUMBER 103-2020
THIS FIRST AMENDMENT ("Amendment") to AGREEMENT NUMBER 103-
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 BOYNTON BEACH
("Subrecipient").
RECITALS
A. Florida Housing and Subrecipient entered into Contract Number 103-2020, 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$454,944.00.
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Agreement#103-2020
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$263,630.00 upon execution of the
Agreement. Upon execution of the First Amendment, an additional $191,314.00
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#103-2020
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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IN WITNESS WHEREOF, the Parties have executed this FIRST AMENDMENT to
Agreement Number 103-2020,by a duly authorized representative,effective on October 1,
2020.
CITY OF BOYNTON B . TTH
By:
Name/Title: STEVEN B. GRANT, MAYORTTo FORM:
Date: OCTOBER 28, 2020 /
1500-, MY ATTORNEY
FEIN: 4i
FLORIDA HOUSING FINANCE CORPORATION ''d 4.4544.1
By: it ..,.a
kife ACif•
Name/Title: Hugh R. Brown/General Counsels
Date: 11-2-20 f �� _K r
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Agreement#103-2020