Amendment No. 3 to the Interdepartmental Memorandum of Understanding 0�0 3 ?2
' AMENDMENT NO. 3
TO THE INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING, DATED
SEPTEMBER 24, 2014, BETWEEN THE CITY OF MIAMI BEACH OFFICE OF
HOUSING AND COMMUNITY SERVICES AND THE CITY OF MIAMI BEACH
CAPITAL IMPROVEMENT PROJECTS OFFICE
This Amendment No. 3 ("Amendment No. 3")to the Interdepa ental Mer��randum of
Understanding (MOU) dated September 24, 2014 is entered into this day of 11'x-7
g ( ) p � _ Y
2016 ("Effective Date"), by and between the CITY OF MIAMI BEACH OFFICE OF
HOUSING AND COMMUNITY SERVICES ("HCS"), and the CITY OF MIAMI CAPITAL
IMPROVEMENT PROJECTS OFFICE ("Provider").
WITNESSETH:
WHEREAS, HCS has determined, through its One-Year Action Plan for federal
funds for Fiscal Year 2013/2014, the necessity for engaging the Provider to render the
following project in Miami Beach: The London House Apartments Rehabilitation ("Project"),
located at 1965 and 1975 Washington Avenue, Miami Beach, Florida 33139; and
WHEREAS, the City's FY 2013/2014 Action Plan was approved by the City
Commission through Resolution 2013-28292 adopted on July 19, 2013; and
WHEREAS, pursuant to the executed MOU, the Provider is providing services
needed for the rehabilitation of affordable housing which is a high priority need identified in
the City's FY 2013-2017 Consolidated Plan approved by the City Commission through
Resolution 2013-28237 on June 5, 2013; and
WHEREAS, the executed MOU failed to include reference to the funds allocated to
the Project via Resolution 2011-27694 adopted on July 13, 2011 approving the One-Year
Action Plan for federal funds for Fiscal Year 2011/2012; and
WHEREAS, the definition of retainage currently stated in Exhibit "A" of the MOU
does not apply to the Project as the Provider is not responsible for fulfilling a National
Objective; and
WHEREAS, that responsibility falls on HCS, once the units are occupied with low-
to—moderate Income residents; and
WHEREAS, on January 8, 2016, HCS and Provider executed Amendment No. 1,
which extended the time of the agreement which commenced on May 1, 2014 and
terminates on September 30, 2016; and
WHEREAS, on March 11, 2016, HCS and Provider executed Amendment No. 2,
which clarifies the Agreement Amount and its budget. (The MOU and Amendments No.1
and No. 2 shall be collectively referred to herein as the MOU).
•
NOW,THEREFORE, in consideration of the mutual promises contained herein,the
parties hereby agree to amend the MOU, as follows:
1. The above recitals are true and correct and are incorporated herein as part of this
Amendment No. 3.
2. The definition of"Retainage", as set forth in the section entitled "Related Definitions"
of Exhibit "A" ("Scope of Services"), is hereby deleted in its entirety and replaced
with the following:
Retainage—All capital projects are subject to the withholding of ten percent (10%)
of each progress payment made to Provider, in the form of a retainage until fifty
percent of protect completion ("50 percent completion"), and thereafter the retainage
shall be reduced to five percent (5%) of each progress payment made to Provider.
3. The section entitled "Retainage", as set forth in Section VI, "Compliance with
National Objective" of Exhibit "A" ("Scope of Services") is hereby deleted in its
entirety and replaced with the following:
Retainage
All capital projects utilizing HUD funds are subject to a ten percent(10%) retainage
until 50 percent completion, and thereafter the retainage shall be reduced to five
percent(5%). Partial releases would be allowed pursuant Section 255.078, Florida
Statutes. Final Release of Retainage will be approved once HCS receives
Certificate of Completion along with all Closeout Documents, including final releases
of liens from Sub-contractor(s). Retainage will be held as appropriate from all
submitted reimbursement requests.
4. All other terms and conditions of the MOU shall remain unchanged and in full force
and effect. In the event there is a conflict between Amendment No. 3 and the MOU,
the provisions of this Amendment No. 3 shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, THE CITY OF MIAMI BEACH OFFICE OF HOUSING
AND COMMUNITY SERVICES AND CITY OF MIAMI BEACH CAPITAL IMPROVEMENT
PROJECTS OFFICE have executed this Amendment No.3 to the MOU as of the day and
year first written above by their duly authorized representatives.
CITY OF MIAMI BEACH
OFFICE OF HOUSING AND COMMUNITY SERVICES
Director, , "is- Housing and Community Services
•
Maria L. Ruiz
Print Name
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Date
CITY OF MIAMI = CH
CAPITAL IMPR• . MENT PROJECTS OFFICE
NA
A
Director, apital I •rovement Projects Office
David Martinez
Print Name /110
Date
CITY OF MIAMI BEACH,
a Florida municipal •.•rporation
ATTEST:
City lerk 4441\1 B -.'►%1Cit anag=}
Rafael A. Granado i • - L. Morales
Print Name .;, Pry • Name
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:INCORP ORATE-
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Amendment 3 3.22.16.doc `
APPROVED AS.TO
FORM & LANGUAGE
&FOR EXECUTION
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