2017-29705 Reso RESOLUTION NO. 2017-29705
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE HOUSING AUTHORITY OF THE
CITY OF MIAMI BEACH AND THE CITY OF MIAMI BEACH FOR THE
COLLABORATIVE PREPARATION OF THE ASSESSMENT OF FAIR
HOUSING (AFH), WHICH ASSESSMENT IS REQUIRED BY THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD);
AUTHORIZING EXECUTION OF THE MOU, ATTACHED HERETO AS
EXHIBIT A, BY THE CITY MANAGER AND THE CITY CLERK;
AUTHORIZING THE CITY ADMINISTRATION TO SUBMIT THE MOU TO
HUD FOR ITS REVIEW.
WHEREAS, CMB is a Consolidated Plan entitlement grantee of funding authorized by
the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, HACMB is a public housing agency created by Section 421.04, Florida
Statutes, and a grantee of funding authorized by the U.S. Department of Housing and Urban
Development (HUD); and
WHEREAS, HUD requires that jurisdictions that receive funding must take actions to
affirmatively further fair housing including, but not limited to, identifying and taking action to
address factors of housing discrimination; and
WHEREAS, on July 16, 2015, HUD published the Final Rule for Affirmatively Furthering
Fair Housing, which created a standardized process for fair housing planning, called the
Assessment of Fair Housing (AFH), replacing the previously required Analysis of Impediments
(Al); and
WHEREAS, preparation of the AFH requires identification of the factors influencing
segregation, concentration of poverty, and disparate access to housing and community assets,
as well as development of priorities and goals related to fair housing and mitigation of the
aforementioned determinants; and
WHEREAS, the 2015 HUD Rule encourages jurisdictions and public housing agencies
to work together and collaborate regionally while enabling collaborators to select a lead entity
and submit the AFH according to that entity's schedule; and
WHEREAS, the undersigned Parties believe collaboration on a jurisdiction-wide AFH will
result in efficiencies for each participant and a more effective analysis'overall; and
WHEREAS, the 2015 HUD Rule also directs HUD program participants who intend to
complete a collaborative AFH, to notify HUD of such intention and provide HUD with a copy of
the written agreement; and
WHEREAS, the Parties will mutually benefit from the joint effort to complete the AFH.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
a Memorandum of Understanding (MOU) between the Housing Authority of the City of Miami
Beach and the City of Miami Beach, for the collaborative preparation of the Assessment of Fair
Housing (AFH), which assessment is required by the U.S. Department of Housing and Urban
Development (HUD); authorizing execution of the MOU, attached hereto as Exhibit A, by the
City Manager and the City Clerk; authorizing the City Administration to submit the MOU to HUD
for its review.
PASSED AND ADOPTED this If day of J404/4 v ' , 2017.
A011.91"
PHILIP EV, ' `, MAYOR
ATTEST:
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RAFAEL E. GRANA I O, ' 'WV'.K.. 0,44
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 11, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
AND THE CITY OF MIAMI BEACH FOR THE COLLABORATIVE PREPARATION
OF THE ASSESSMENT OF FAIR HOUSING (AFH), WHICH ASSESSMENT IS
REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD); AUTHORIZING EXECUTION OF THE MOU BY THE CITY
MANAGER AND THE CITY CLERK; AND FURTHER AUTHORIZING THE CITY
ADMINISTRATION TO SUBMIT THE MOU TO HUD FOR ITS REVIEW.
RECOMMENDATION
The Administration recommends approval of the Resolution.
ANALYSIS
The City of Miami Beach is a U.S. Department of Housing and Urban Development (HUD)-
designated entitlement community, as determined by the decennial census information on
population growth, age of housing stock, and poverty. The City has been a CDBG entitlement
community since 1975. The HOME Program was started in 1992 to provide funding specifically
for affordable housing. HUD allocates these funds to strengthen public/private partnerships and
expand the supply of affordable housing that is decent, safe and sanitary.
As an entitlement community, the City qualifies for annual allocations under HUD's grant
programs. HUD requires each entitlement community to submit an annual One-Year Action Plan
describing how it will utilize funding and resources to address priority needs identified in the
City's Five-Year Consolidated Plan. The City's current One-Year Action Plan follows the
strategies included in its 2013-2017 Five-Year Consolidated Plan. CDBG funds have been
primarily used to provide vital public services, housing activities, and improvements to public
facilities while HOME funds have been primarily used for affordable rental housing activities.
Affirmatively Furthering Fair Housing (AFFH) has been a law since 1968; however, meaningful
regulations providing program participants with guidance on how to comply have not existed.
CDBG recipients and HOME recipients have had to pledge that they will affirmatively further fair
housing. That meant completing an Analysis of Impediments (Al) to fair housing choice, taking
some actions to overcome the effects of those impediments, and keeping records of those
actions. It was widely recognized that HUD's existing method of implementing AFFH was not
271
effective. Therefore, HUD published a Final Rule regarding AFFH which includes the
replacement of the Al with a required Assessment of Fair Housing (AFH), and provided a new
definition of AFFH..."Affirmatively Furthering Fair Housing means taking meaningful actions, in
addition to combating discrimination, that overcome patterns of segregation and foster inclusive
communities free from barriers that restrict access to opportunity based on protected
characteristics."
The fair housing goals and priorities that are set in the AFH must be incorporated into the
Consolidated Plan (or the PHA Plan that is required from the Housing Authority). Both the City
and the Housing Authority must complete and submit an AFH, and HUD encourages jurisdictions
to collaborate to submit a joint AFH or regional AFH. Public participation is required and the AFH
must include a summary to document the public participation process and the efforts to broaden
participation in the development of the AFH.
Since the Housing Authority will need to engage the same agencies, organizations, citizens,
business persons, and housing professionals to assess the same geographic jurisdiction as the
City, an agreement to collaborate jointly to create the AFH will benefit both parties by combining
resources and avoiding duplication of efforts.
CONCLUSION
The Administration recommends the approval of the Memorandum of Understanding (MOU)
between the City of Miami Beach and the Housing Authority of the City of Miami Beach for a joint
completion of the Assessment of Fair Housing (AFH).
KEY INTENDED OUTCOMES SUPPORTED
Ensure Workforce Housing For Key Industry Workers Is Available In Suitable Locations
FINANCIAL INFORMATION
WA
Legislative Tracking
Housing and Community Services
ATTACHMENTS:
Description
❑ Resolution
❑ Agreement
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
(MOU)
This Memorandum of Understanding (MOU) is made and entered into as of this day of
2017, between the Housing Authority of the City of Miami Beach (HACMB), a public body corporate and
politic, and the City of Miami Beach (CMB), a public body corporate and politic, and referred to
collectively as the"Parties", to conduct an Assessment of Fair Housing,
RECITALS
WHEREAS, CMB is a Consolidated Plan entitlement grantee of funding authorized by the U.S.
Department of Housing and Urban Development (HUD); and
WHEREAS, HACMB is a public housing agency created by Section 421.04, Florida Statutes, and a grantee
of funding authorized by the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, HUD requires that jurisdictions that receive funding must take actions to affirmatively further
fair housing including, but not limited to, identifying and taking action to address factors of housing
discrimination; and
WHEREAS, on July 16, 2015, HUD published the Final Rule for Affirmatively Furthering Fair Housing,
which created a standardized process for fair housing planning, called the Assessment of Fair Housing
(AFH), replacing the previously required Analysis of Impediments(Al); and
WHEREAS, preparation of the AFH requires identification of the factors influencing segregation,
concentration of poverty, and disparate access to housing and community assets, as well as
development of priorities and goals related to fair housing and mitigation of the aforementioned
determinants; and
WHEREAS, the 2015 HUD Rule encourages jurisdictions and public housing agencies to work together
and collaborate regionally while enabling collaborators to select a lead entity and submit the AFH
according to that entity's schedule; and
WHEREAS, the undersigned Parties believe collaboration on a jurisdiction-wide AFH will result in
efficiencies for each participant and a more effective analysis overall;and
WHEREAS, the 2015 HUD Rule also directs HUD program participants who intend to complete a
collaborative AFH, to notify HUD of such intention and provide HUD with a copy of the written
agreement; and
WHEREAS,the Parties will mutually benefit from the joint effort to complete the AFH;and
WHEREAS, the Parties desire to enter into this MOU,based on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises made by the Parties contained herein, the
Parties agree as follows:
The Parties designate CMB as the lead entity for the preparation of the AFH. While both Parties are
accountable for the analysis and will sign the AFH submitted to HUD, CMB will oversee the submission of
the AFH. Since CMB's Consolidated Plan cycle will be October 1, 2018 — September 30, 2023, the AFH
will be due to HUD in January 2018.
The Parties agree that individual entity costs incurred for the preparation of the AFH will be paid by the
entity incurring the cost. Should consulting services be required to develop portions of the AFH that are
the shared responsibility of both Parties, the selection of the consultant shall be made through mutual
agreement of the Parties and the costs of such services shall be shared equally.
Each Party represents that it shall observe and comply with all applicable Federal, State, and local laws,
regulations, and ordinances related to the performance under this MOU.
This MOU shall be deemed to have been executed and to be performed within the State of Florida and
shall be construed and governed by the laws of the State of Florida. Any legal proceedings arising out of,
or relating to this MOU, shall be brought in Miami-Dade County, Florida.
This MOU may not be assigned without the prior written approval of the parties hereto.
No party assumes liability for the acts or omissions of the other party or its agents. Nothing in this
MOU shall be construed to extend the immunities of one party and its agents to the other party or its
agents. All parties shall retain all immunities, defenses, rights and remedies available at law and in
equity.
HACMB shall defend, indemnify, and hold harmless CMB, as the Lead Agency, and its Board, officers,
directors, agents, employees and volunteers from and against all demands, claims, actions, liabilities,
losses, damages, and costs, including reasonable attorneys' fees, arising out of or resulting from the
performance of the MOU, caused in whole or in part by the negligent or intentional acts or omissions of
HACMB and its respective Councils, officers,directors,agents, employees,or volunteers.
CMB shall defend, indemnify, and hold harmless HACMB and its respective Board, officers, directors,
agents, employees and volunteers from and against all demands, claims, actions, liabilities, losses,
damages, and costs, including reasonable attorneys' fees, arising out of or resulting •from the
performance of the MOU,caused in whole or in part by the negligent or intentional acts or omissions of
CMB and its Board,officers,directors, agents, employees,or volunteers.
Each Party, at its sole cost and expense, shall carry insurance, or self-insure, that covers its activities in
connection with this MOU, and obtain, keep in force, and maintain insurance or equivalent programs of
self-insurance,for general liability, workers compensation,and business automobile liability adequate to
cover its potential liabilities hereunder. Each Party agrees to provide the other Party with thirty (30)
calendar days' advance written notice of any cancellation, termination, or lapse of any of the insurance
or self-insurance coverage. -
This Agreement shall be effective upon the signature of the last party to this Agreement and shall
continue until all services provided for in this MOU have been performed.
Any notice, demand, request, consent, or approval that any Party hereto may be, or is, required to give
any other Party pursuant to this Agreement shall be in writing and shall be either personally delivered or
sent by mail,addressed as follows:
To City of Miami Beach:
Jimmy L. Morales
Office of the City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
With Copy to: Maria L. Ruiz, Director
Office of Housing and Community Services
City of Miami Beach
•
• 1700 Convention Center Drive
Miami Beach, FL 33139
•
To Housing Authority of the City of Miami Beach:
•
Miguell Del Campillo, Executive Director
Housing Authority of the City of Miami Beach
200 Alton Road
•
Miami Beach, FL 33139
This MOU sets forth the entire agreement between the parties relative to the subject matter hereof. No
representation, promise or condition, whether oral or written, not incorporated herein shall be binding
upon any party to this MOU. No waiver, modification or amendment of the terms of this MOU shall be
effective unless made in writing and signed by an authorized representative(s) of the party sought to be
bound thereby.
This MOU shall bind the successors of each Party in the same manner as if they were expressly named.
• In the event of any dispute arising out of or relating to the MOU, the Parties shall attempt, in good faith,
to promptly resolve the dispute mutually between them. If the dispute cannot be resolved by mutual
agreement, nothing herein shall preclude either Party's rights to pursue remedy or relief by civil
litigation, pursuant to the laws of the State of Florida.
CMB and HACMB will amend this MOU, as needed, in order to identify specific resources that will be
devoted to the completion of the AFH, or to further clarify the steps to be taken by each party to this
MOU,to participate in and complete the AFH.The Parties further authorize the CMB City Manager and
the HACMB Executive Director to execute any amendments to this MOU.
•
•
(SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be duly
executed as of the day and year first written above.
Witness: City of Miami Beach
Rafael Granado, City Clerk Jimmy L. Morales, City Manager
Witness: Housing Authority of the City of Miami Beach
• Signature Miguell Del Campillo, Executive Director
Print
APPROVED AS TO
FORM & LANGUAGE
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. City Attomey .Date
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