Amendment No.1 to the Interdepartmental Memorandum of Understanding Dated March 7, 2016 with Housing and Community Services av lc-ad K0
AMENDMENT NO. 1
TO THE INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING, DATED
MARCH 7, 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
_1 — day of ��(7 2016 ("Effective Date").
WITNESSETH:
WHEREAS, on July 8, 2015, the City Commission approved Resolution No. 2015-
29080, approving the One-Year Action Plan for Federal Funds for FY 2015/2016, and
determined the necessity for engaging the Provider to continue the following project in
Miami Beach: London House Apartment Rehabilitation (the "Project"); and
WHEREAS,the amount allocated for this Project, pursuant to Resolution No. 2015-
29080, is Three Hundred Thousand Dollars ($300,000) of CDBG funds; and
WHEREAS, 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 on June 5, 2013, pursuant to
Resolution No. 2013-28237; 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 benefits contained herein, HCS
and Provider agree 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 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
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Direct is of Housing and Community Services
Maria L. Ruiz
Print Name
Date
CITY OF MIAMI B: CH
CAPITAL IM OV ENT PROJECTS OFFICE
Director, Capital Impro ement Projects Office
David Martinez
Print Name
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Date
CITY OF MIAMI BEACH,
a Florida munic•.•al corporation
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F:\RHCD\$ALL\HSG-CD\CDBG\CDBG 2015-2016 Capital Improvements\London House\CMB London House
Amendment 1 6.13.2016.doc