Amendment No. 1 to the Interdepartmental Memorandum of Understanding with the Office of Housing and Community Services c20 0290 (co
AMENDMENT NO. 1
TO THE INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING, DATED
MARCH 3, 2016, 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. 1 ("Amendment No. 1")to the Interdepartmental Memorandum of
Understanding (MOU), dated March 3, 2016, by and between the CITY OF MIAMI BEACH
OFFICE OF HOUSING AND COMMUNITY SERVICES ("HCS"), and the CITY OF MIAMI
BEACH CAPITAL,IMPROVEMENT PROJECTS OFFICE ("Provider") is entered into this
day of 3...,17 _2016 ("Effective Date").
WITNESSETH:.
WHEREAS, HCS has determined, through duly advertised amendment to its One-
Year Action Plan for federal funds for Fiscal Year 2011/2012, 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, on May 6, 2015, the City Commission adopted Resolution No. 2015-
29016, authorizing the City Manager to recapture $23,920.13 (remaining from FY
2011/2012 CDBG funds for the construction of the North Shore Senior Center) and
reallocate said CDBG funds to the Project; and
WHEREAS, on March 3, 2016, HCS and Provider executed an MOU, allocating
these CDBG funds to the Project; 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 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
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. 1.
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 project 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. 1 and the MOU,
the provisions of this Amendment•No. 1 shall govern.
IN WITNESS WHEREOF,the CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY SERVICES and the CITY OF MIAMI BEACH CAPITAL IMPROVEMENT
PROJECTS OFFICE have executed this Amendment No.1 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, ffice of ousing and Community Services
Maria L. Ruiz
Print Name
Date
CITY OF MIAMI BEACH
CAPITAL IMPRO , MENT PROJECTS OFFICE
A.
Director, Capital I provement Projects Office
David Martinez
Print Name
( 7,(ai
Date
CITY OF MIAMI BEACH,
a Florida municipal corporation
ATTEST
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Ci Clerk City MI::nag:'r
Rafael E. Granado Jimmy Morales
Print Nam- ç\\„„,„„„ ��rint Name
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APPROVED AS TO
-FORM & LANGUAGE
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City Attorney Date