HomeMy WebLinkAboutAttachment AATTACH ME N7 "A"
COLLABORATION AGREEMENT
AMONG
Miami -Dade County
AND
City of North Miami
AND
City of Hialeah
AND
Hialeah Housing Authority
AND
City of Miami Gardens
AND
City of Mia"
AND
City of Miami Beach
AND
Housing Authority of the City of Miami Beach
FOR
THE 2020 ASSESSMENT OF FAIR HOUSING
For the Period
October 1, 2020 to September 30, 2025
THIS COLLABORATING AGREEMENT (hereinafter referred to as "Agreement"),
entered this day of 120 by and among Miami- Dade County, a political
subdivision of the State of Florida (hereinafter referred to as the "County"), City of North
Miami, a body politic (hereinafter referred to as "North Miami"'), City of Hialeah, a body
politic (hereinafter referred to as "Hialeah"), Hialeah Housing Authority, a public body
corporate and politic created and organized in accordance with Florida Statue 421 (hereinafter
referred to as "HHA"), City of Miami Gardens, a body politic (hereinafter referred to as
"Miami Gardens"), City of Miami, a body politic (hereinafter referred to as "Miami"), City of
Miami Beach, a body politic (hereinafter referred to as "Miami Beach"), and Housing
Authority of the City of Miami Beach, a public housing agency (hereinafter referred to as
"HACMB"), collectively referred to as "Collaborating Program Participants."
WHEREAS, the County is a "public housing agency" (PHA), as defined in accordance
with the provisions of the United States Housing Act of 1937, as amended, (42 U.S.C. § 401,
et seq.), with a fiscal year beginning date of October 1; and
WHEREAS, the County's next 5 -year PHA Plan will commence in 2020; and
WHEREAS, North Miami is a consolidated plan program participant with a program
year start date of [insert date]. is [name of
program participant] next [indicate 3, 4 or 5 -year] consolidated plan cycle will begin in
[insert year]; and
WHEREAS, Hialeah is a consolidated plan program participant with a program year
start date of [insert date]. 's [name of program
participant] next [indicate 3, 4 or 5 -year] consolidated plan cycle will begin in
[insert year]; and
WHEREAS, HHA is a PHA plan participant with a fiscal year start date of January 1,
2018.The HHA's next five (5)year PHA plan cycle will begin in 2020; and
WHEREAS, Miami Gardens is a consolidated plan program participant with a
program year start date of [insert date]. is [name
of program participant] next [indicate 3, 4 or 5 -year] consolidated plan cycle will begin in
[insert year]; and
WHEREAS, Miami is a consolidated plan program participant with a program year
start date of [insert date]. 's [name program
participant] next [indicate 3, 4, or 5 -year] consolidated plan cycle will begin in
[insert year]; and
WHEREAS, Miami Beach is a consolidated plan program participant with a program
year start date of [insert date]. 's [name program
participant] next [indicate 3, 4, or 5 -year] consolidated plan cycle will begin in
[insert year], and
WHEREAS, HACMB is a PHA plan participant with a fiscal year start date of
[insert date]. 's [name of program participant]
next [indicate 3, 4 or 5 -year] PHA plan cycle will begin in [insert year]; and
WHEREAS, the County and the Collaborating Program Participants are subject to the
affirmatively furthering fair housing requirements found at 24 CFR §§ 5.150 through 5.180
and required to submit an Assessment of Fair Housing (hereinafter referred to as "AFH" or
"2020 AFH"); and
WHEREAS, the County and the Collaborating Program Participants wish to
collaborate to submit the AFH,
NOW, THEREFORE, it is agreed between the parties hereto that:
I. LEAD ENTITY
The County, through its housing department, Miami -Dade Public Housing and
Community Development (hereinafter referred to as "PHCD") or its successor department or
agency, will serve as the lead entity of the collaboration and will be responsible for submitting
the joint or regional AFH on behalf of all the collaborating Program Participants.
II. PROGRAM YEAR/FISCAL YEAR ALIGNMENT
The Collaborating Program Participants will, to the extent practicable, align their
consolidated plan program year start date(s) and/or PHA plan fiscal year beginning date(s) in
accordance with the regulations at 24 CFR 91.10, for consolidated plan program participants,
or 24 CFR part 903, for PHAs. If alignment of program year(s) or fiscal year(s) is not possible,
the AFH will be submitted in accordance with the lead entity's consolidated plan program year
start date or PHA plan fiscal year beginning date (as applicable).
III. CONSOLIDATED PLANNING/PHA PLANNING CYCLE ALIGNMENT
The County and the Collaborating Program Participants will, to the extent practicable, align
their consolidated planning cycle(s) and/or PHA planning cycle(s) in accordance with the
regulations at 24 CFR part 91, for consolidated plan program participants, or 24 CFR part 903,
for PHAs. If alignment of consolidated planning cycle(s) or PHA planning cycle(s) is not
possible, the AFH will be submitted in accordance with the lead entity's consolidated plan
cycle or PHA plan cycle.
IV. ROLES/RESPONSIBILITIES OF THE COUNTY AND THE
COLLABORATING PROGRAM PARTICIPANTS
Assessment of Fair_Housin
The County and the Collaborating Program Participants will be responsible for determining
their specific priorities and goals in addition to completing all required sections of the AFH to
meet the submission deadline. The AFH will include all that is required by United States
Department of Housing and Urban Development's (hereinafter referred to as "HUD") policies
and regulations in effect at the time of submission. The responsibilities of the Collaborating
Program Participants are as follows:
a. The County: The County through PHCD will be responsible for the following:
i. Submitting the joint AFH on behalf of all the Collaborating Program
Participants;
D. Forming an AFH committee composed of program participants and consultants;
iii. Gathering public input and community participation from stakeholders,
community and civic organizations, and representatives of ocal jurisdictions;
iv. Gathering and analyzing data to complete assessment of past goals, actions
and strategies;
V. Providing publicly supported housing analysis for the units owned, managed
or assisted by the County;
vi. Providing an analysis of fair housing issues including demographic summary,
segregation/integration, Racially or Ethnically Concentrated Areas of Poverty
(R/ECAPs), disparities in access to opportunity, disproportionate housing
needs, publicly supported housing analysis, disability and access analysis, fair
housing enforcement, outreach capacity, and resources analysis;
vii. Setting fair housing goals and priorities;
viii. Following the adopted Citizen Participation Plan as required to provide for
public notice, public hearing and public comment periods; and
ix. Completing the Assessment of Fair Housing Tool
b. North Miami. North Miami will be responsible for the following:
i. Participating in the AFH committee to work with program participants and
consultants;
ii. Arranging and assisting with meetings that promote community participation
from stakeholders, community and civic organizations, and representatives of
local jurisdictions;
iii. Providing input/data needed to complete any required analysis, joint goals and
priorities to be included in the submitted AFH;
iv. Providing individual analysis, goals and priorities to be included in the
submitted AFH; and
V. Providing publicly supported housing analysis for the units owned, managed or
assisted by North Miami.
c. Hialeah. Hialeah will be responsible for the following:
i. Participating in the AFH committee to work with program participants and
consultants;
ii. Arranging and assisting with meetings that promote community participation
from stakeholders, community and civic organizations, and representatives of
local jurisdictions;
iii. Providing input/data needed to complete any required analysis, joint goals and
priorities to be included in the submitted AFH;
iv. Providing individual analysis, goals and priorities to be included in the
submitted AFH; and
V. Providing publicly supported housing analysis for the units owned, managed or
assisted by the Hialeah.
d. HHA. HHA will be responsible for the following.
i. Participating in the AFH committee to work with program participants and
consultants;
ii. Arranging and assisting with meetings that promote community participation
from stakeholders, community and civic organizations, and representatives of
local jurisdictions;
iii. Providing input/data needed to complete any required analysis, joint goals and
priorities to be included in the submitted AFH;
iv. Providing individual analysis, goals and priorities to be included in the
submitted AFH; and Providing
V. Providing publicly supported housing analysis for the units owned, managed or
assisted by HHA.
e. Miami Gardens. Miami Gardens will be responsible for the following:
i. Participating in the AFH committee to work with program participants and
consultants;
ii. Arranging and assisting with meetings that promote community participation
from stakeholders, community and civic organizations, and representatives of
local jurisdictions;
iii. Providing input/data needed to complete any required analysis, joint goals
and priorities to be included in the submitted AFH;
iv. Providing individual analysis, goals and priorities to be included in the
submitted AFH; and
V. Providing publicly supported housing analysis for the units owned, managed or
assisted by Miami Gardens.
e. Miami. Miami will be responsible for the following:
i. Participating in the AFH committee to work with program participants and
consultants;
ii. Arranging and assisting with meetings that promote community participation
from stakeholders, community and civic organizations, and representatives of
local jurisdictions;
iii. Providing input/data needed to complete any required analysis, joint goals and
priorities to be included in the submitted AFH;
iv. Providing individual analysis, goals and priorities to be included in the
submitted AFH; and
V. Providing publicly supported housing analysis for the units owned, managed or
assisted by Miami.
f. Miami Beach. Miami Beach will be responsible for the following:
Participating in the AFH committee to work with program participants and
consultants;
ii. Arranging and assisting with meetings that promote community participation
from stakeholders, community and civic organizations, and representatives of
local jurisdictions;
iii. Providing inputidata needed to complete any required analysis, joint goals
and priorities to be included in the submitted AFH;
iv. Providing individual analysis, goals and priorities to be included in the
submitted AFH; and
vi. Providing publicly supported housing analysis for the units owned, managed or
assisted by Miami Beach.
g. HACMB. HACMB will be responsible for the following:
i. Participating in the AFH committee to work with program participants and
consultants;
ii. Arranging and assisting with meetings that promote community participation
from stakeholders, community and civic organizations, and representatives of
local jurisdictions;
iii. Providing input/data needed to complete any required analysis, joint goals and
priorities to be included in the submitted AFH;
iv. Providing individual analysis, goals and priorities to be included in the
submitted AFH; and
vii. Providing publicly Supported Housing Analysis for the units owned, managed
or assisted by HACMB.
V. WITHDRAWAL AND TERMINATION
The County and Collaborating Program Participants shall have the right to terminate this
agreement at any time and without cause upon thirty (30) days written notice to the County
and all Collaborating Program Participants. The withdrawing party must promptly notify HUD
of its withdrawal from the collaboration.
VI. INDEMNIFICATION
a. Subject to the limitations of Section 768.28, Florida Statutes, the County
assumes any and all risks of personal injury, bodily injury and property damage attributable to
the negligent acts or omissions of the County and the officers, employees, servants, and agents
thereof. The County warrants and represents that it is self-funded for liability insurance, or
has liability insurance, both public and property, with such protection being applicable to the
County officers, employees, servants and agents while acting within the scope of their
employment with the County.
b. Subject to the limitations of Section 768.28, Florida Statutes, each of the
Collaborating Program Participants assume any and all risks of personal injury, bodily injury
and property damage attributable to the negligent acts or omissions of the Collaborating
Program Participants and their officers, employees, servants, and agents thereof. The
Collaborating Program Participants warrant and represent that they are self-funded for liability
insurance, or have liability insurance, both public and property, with such protection being
applicable to the Collaborating Program Participants' officers, employees, servants and agents
while acting within the scope of their employment with the Collaborating Program.
Participants.
c. The County and the Collaborating Program Participants further agree that
nothing contained herein shall be construed to interpret as (1) denying to either party any
remedy or defense available to such parry under the laws of the State of Florida; (2) the consent
of the United States or its agents and agencies to be sued; (3) the consent of the State of Florida
or its agents and agencies to be sued; or (4) a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
VII. SPECIAL CONDITIONS
The County and Collaborating Program Participants agree to share in the cost of resources
required for the completion of the Assessment. The County will be responsible for a minimum
of 60 percent of all related expenses for the overall completion of the Assessment. The
remaining balance shall be equally divided among the Collaborating Program Participants. A
single Collaborating Program Participant's share of expenses shall not exceed 10 percent of
the total cost.
Upon withdrawal from this Agreement, Collaborating Program Participants shall be
responsible for their share of the cost of resources engaged for the Assessment as of the
effective date of the withdrawal. Collaborating Program Participants that elect to withdraw
their participation in this Agreement will not be eligible to rejoin.
Other qualified Collaborating Program Participants, of which there is only one, the City of
Homestead, may join this Agreement after the date this document is executed. The County
Mayor or the County Mayor's designee on behalf of the County, as the lead entity, may approve
additional Collaboration Program Participants without approval from any of the parties
involved in this Agreement, and without further action by the Board of County Commissioners,
if the terms of this Agreement are not otherwise unaffected.
VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force
and effect.
IX. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
X. WAIVER
The County or any Collaborating Program Participant's failure to act with respect to a
breach by the County or another Collaborating Program Participant does not waive its right to
act with respect to subsequent or similar breaches. The failure of the County or a Collaborating
Program Participant to exercise or enforce any right or provision shall not constitute a waiver
of such right or provision.
XI. COUN'T'ERPART
This Agreement may be executed in counterparts, each of which shall be deemed
original, but all of which, together, shall constitute one instrument.
XII. INTERPRETATION, GOVERNING LAW AND FORUM SELECTION
This Agreement shall not be construed against the party who prepared it but shall be
construed as though prepared by both Parties. This Agreement shall be construed, interpreted,
and governed by applicable federal laws, regulations and the laws of the State of Florida. Any
dispute arising under or in connection with this Agreement or related to any matter which is
the subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or
federal courts located in Miami -Dade County, Florida.
XIII. ENTIRE AGREEMENT
This Agreement between the County and the Collaborating Program Participants for the
submission of the 2020 AFH, supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the County and the Collaborating
Program Participants with respect to this Agreement. By way of signing this Agreement, the
County and the Collaborating Program Participants are bound to perform the agreements
within this Agreement. Any amendment to this Agreement must be submitted to HUD.
SIGNATURES APPEAR ON THE FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this Agreement on the date first written above.
ATTEST:
Harvey Ruvin, Clerk
Deputy Clerk
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
By:
County Mayor or Deputy Mayor
Approved for legal form and
sufficiency:
Terrence A. Smith
Assistant County Attorney
ATTEST:
Michael A. Etienne,
City Clerk
M
City Clerk
Approved as to Insurance Requirements:
211A
Director
City Risk Management
CITY OF NORTH MIAMI, a municipal
corporation of the State of Florida
Larry M. Springs, Jr. CPA
City Manager
Approved for legal form and
sufficiency:
Jeff P. H. Cazeau, Esq.
City Attorney
ATTEST:
Marbelys Fatjo, Esq.,
City Clerk
By:
City Clerk
Approved as to Insurance Requirements:
Director
City Risk Management
CITY OF HIALEAH, a municipal
corporation of the State of Florida
Carlos Hernandez,
City Mayor
Approved for legal form and
sufficiency:
Lorena E. Bravo
City Attorney
ADD signature page for Hialeah Housing
Authority here
ATTEST:
Ronetta Taylor,
City Clerk
City Clerk
Approved as to Insurance Requirements:
Lo
Director
City Risk Management
CITY OF MIAMI GARDENS, a
municipal corporation of the State of
Florida
Cameron Benson
City Manager
Approved for legal form and
sufficiency:
Sonja K. Dickens
City Attorney
ATTEST:
Todd B. Hannon,
City Clerk
City Clerk
Approved as to Insurance Requirements:
Director
City Risk Management
LIZ
CITY OF MIAMI, a municipal
corporation of the State of Florida
Daniel J. Alfonso
City Manager
Approved for legal form and
sufficiency:
Victoria Mendez
City Attorney
ATTEST:
Rafael E. Granado,
City Clerk
City Clerk
Approved as to Insurance Requirements:
Director
City Risk Management
Lo
CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida
Jimmy L. Morales,
City Manager
Approved for legal form and
sufficiency:
Raul J. Aguila
City Attorney
ADD signature page for Housing
Authority of the City of Miami Beach
here