Collaboration Agreement for 2020 Assessment of Fair HousingCOLLABORATION 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 Miami
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 20 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]. 's [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
i' EREAS, HHA is a PHA plan participant with a fiscal year start date of January
1, 2015.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]. 's [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 cycles) 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
COLLABORATING PROGRAM PARTICIPANTS
Assessment of Fair Housing
AND
THE
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 r- esponsibilities -of
the Collaborating Program Participants are as follows:
a. The County: TheCountythrough I?HCD will be-responsible for the following::
i. Submitting the joint AFH on behalf of all the Collaborating Program
Participants;
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 local jurisdictions;
iv. Gathering and analyzing data to complete assessment ofpast 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:
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;
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: NHHA will be responsible for the following:
i. Participating in the AFH committee to work with program participants and
consultants;
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:
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;
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:
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
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
agreernent 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 party 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 :1-0 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 Tate 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. COUNTERPART
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
By:
Deputy Clerk County Mayor or Deputy Mayor
MIAMI -DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
By:
Approved for legal form and
sufficiency:
Terrence A. Smith
Assistant County Attorney
CITY OF NORTH MI-AMI, aw municipal
corporation ofthe State of Florida
ATTEST:
Michael A. Etienne,
City Clerk
By:
City Clerk Larry M. Springs, Jr. CPA
City Manager
Approved as to Insurance Requirements:
By:
, Director
City Risk Management
Approved for legal form and
sufficiency:
Jeff P. H. Cazeau, Esq.
City Attorney
ATTEST:
Marbelys Fatjo, Esq.,
City Clerk
By:
CITY OF HIALEAH, a municipal
corporation of the State of Florida
City Clerk Carlos Hernandez,
City Mayor
Approved as to Insurance Requirements:
By:
, Director
City Risk Management
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:
, Director
City Risk Management
By:
By:
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:
City Risk Management
, Director.
By:
By:
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 Jerk
Approved as to Insurance Requirements:
Director
City Risk Management
By:
By:
-CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida
Jim y L. Mor es,
Cit anager
Approved for legal form and
sufficiency:
Rau Aguila
City Attorney
ADD signature page for Housing
Authority of the City of Miami Beach
here