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Amendment No. 1 to the Interdepartmental Memorandum of Understanding with the Office of Housing and Community Services (2) 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 I day of --J 4 I ,j L 2016 ("Effective Date"). WITNESSETH: WHEREAS, HCS has determined, through duly advertised amendment to its One- Year Action Plan for federal funds for Fiscal Year 2012/2013, 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 authorized the City Manager to recapture $21,329 in CDBG funds (awarded to Unidad of Miami Beach in FY 2012/2013 for the rehabilitation of the Coral Rock House property that was not renovated) and to reallocate said CDBG funds to the Project; and WHEREAS, HCS and Provider executed an MOU, dated March 3, 2016, reallocating the recaptured 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, ice of using and Community Services Maria L. Ruiz Print Name "7f, rw Date CITY OF MIAMI BEACH CAPITAL IMPROVEMENT PROJECTS OFFICE Director, Capital Improvement Projects Office David Martinez Print Name 6/Z7//k Date CITY OF MIAMI BEACH, a Florida municipal corporation ATTEST: Cit Clerk City` ana•.== �� 1 Rafael E. Granado Jimm L. Morales Print Name Print ame -7 ti I \\ Date - 7' .. C��y• X171 ��1nr.-�;- � F:\RHCD\$ALL\HSG-CD\CDBG\CID G 2©'2`213 4.11 1 Irmao)e a ts\London House\CMB London House Amendment 1 6.13.16.doc APPROVED AS TO FORM & LANGUAGE & FOR ECUTION 1 I 7 City Attorney p Dote •