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Block Grant - Coronavirus Agreement Housing Opportunities Project For Excellence, Inc. DocuSign Envelope ID:C2761567-DC13-401F-9B8E-CF0A1B844850 Zai _ 3 12,S7 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FISCAL YEAR 2020 BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE,� INC. (H.O.P.E., INC.) This Agreement made and entered into this 2i day of K1 L._ , 2021, by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.), a Florida not-for profit corporation, having its principal office at 11501 NW 2 Avenue, Miami, Florida 33168 (hereinafter referred to as "Sub-Recipient"). WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban Development (HUD) grant funds for the Community Development Block Grant (CDBG), and HOME Investment Partnership programs (HOME), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, each year, the City prepares a One-Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low-and-moderate- income residents; and WHEREAS,on May 13, 2020, the City Commission approved Resolution No. 2020-31257, approving the One-Year Action Plan for Federal Funds for FY 2020, and providing CDBG funds in the amount of TWENTY THOUSAND DOLLARS ($20,000.00) for the provision of HUD-mandated fair housing services, utilizing CDBG planning and administration funds; and WHEREAS, the One-Year Action Plan for FY 2020 was made available to the public for comment on May 19,2020; and for a 30-day public review and comment period from May 4, 2020 through June 3, 2020; and WHEREAS, the Sub-Recipient has agreed to provide Fair Housing Services ("Program") within the City limits; and NOW,THEREFORE, in consideration of the mutual benefits contained herein, the City and Sub-Recipient agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the following six (6)exhibits, all of which are attached and incorporated in this Agreement: • Exhibit A-Scope of Services • Exhibit B - Documentation • Exhibit C - Budget • Exhibit D - Financial Management for CDBG-funded activities • Exhibit E - Monthly Reporting Forms • Exhibit F - Monitoring Tool • Section 2. Statement of Work: The Sub-Recipient agrees to implement the Program in accordance with Exhibits A and B, which Program is summarized as follows: Fair Housing Services The Fair Housing Act, 42 U.S.C. 3608, Section 808(e)(5), requires the Secretary of the U.S. Department of Housing and Urban Development(HUD)to administer HUD's housing 1 DocuSign Envelope ID:C2761567-DC13-4D1F-968E-CF0A1B844850 and urban development programs in a manner as to Affirmatively Further Fair Housing (AFFH). All localities that are direct recipients of CDBG funds from HUD are required to conduct an Assessment of Fair Housing (AFH) through the analysis of their fair housing landscape and set locally-determined fair housing priorities and goals. Although the grantee's AFFH obligation arises in connection with the receipt of Federal funding, its AFFH obligation is not restricted to the design and operation of HUD-funded programs at the State or local level. The AFFH obligation extends to all housing and housing-related activities in the grantee's jurisdictional area whether publicly or privately funded (U.S. Department of Housing and Urban Development Office of Fair Housing and Equal opportunity, Fair Housing Planning Guide, Chapter 1, Section 1.2, 1-1). The Consolidated Plan regulations(24 CFR 91) require a certification by each jurisdiction that it will Affirmatively Further Fair Housing, which requires Fair Housing Planning. Fair Housing Planning entails: 1) implementation of action plans to eliminate any identified impediments; and 2) maintenance of AFFH records, corresponding with implementation of the Consolidated Plan every three to five years. Objective: Sub-Recipient agrees to provide technical assistance to the City, as an entitlement jurisdiction, in meeting its requirement to Affirmatively Further Fair Housing by overcoming the effects of conditions that limit fair housing choice citywide through education, outreach and counseling. Section 3. Agreement Amount: The City agrees to make available Community Development Block Grant (CDBG) funds, in the amount of TWENTY THOUSAND DOLLARS ($20,000) for use by the Sub-Recipient during the Term of the Agreement to be spent as agreed on Exhibit C — Budget, following the rules for Financial Management for CDBG-Funded Activities as stated in Exhibit D (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the Agreement, shall be referred to as the"Funds"). Section 4. Alterations: Any proposed changes in the Program including, without limitation, the Budget in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the City Manager, which approval, if given at all, shall be at his/her sole reasonable judgment and discretion. Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR 570.503 (b)(2), Sub-Recipient shall submit monthly Program Accomplishment, Financial and Progress reports in the forms included in Exhibit E—Monthly Reporting Forms, describing the progress made by the Sub-Recipient in achieving the objectives identified in Exhibit A —Scope of Services. These complete reports shall be submitted no later than the 10111 day of each month. As part of the final report, the Sub-Recipient also agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures, and including, but not limited to, performance data and client feedback with respect to the goals and objectives outlined in Exhibit A. Exhibit B contains a checklist of backup documentation to be used in fulfillment of the monthly reporting requirement. Other reporting requirements may be required by the City Manager in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement, pursuant to Section 12 hereof. Other reporting requirements may be required by the City in the event legislative amendments are enacted or as the City Manager may reasonably deem necessary. The Sub-Recipient shall be informed, in writing, if any changes become necessary. Drawdowns for the payment of eligible 2 Docusign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 expenses shall be made against the line item budget specified in Exhibit C— Budget and in accordance with performance. Section 6. Monitoring: In compliance with 2 CFR 200.331 (d) and (e), at its discretion, the City may schedule at least one(1)annual on-site monitoring visit with the Sub-Recipient to evaluate the progress of the Program, and provide technical assistance using the Monitoring Tool attached as Exhibit F. Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds originate from CDBG grant funds from HUD, and must be implemented in full compliance with all of HUD's rules and regulations. In the event of curtailment or non-production of said Federal funds, the financial sources necessary to continue to pay the Sub-Recipient all or any portions of the Funds will not be available. In that event, the City may terminate this Agreement, which termination shall be effective as of the date that it is determined by the City Manager, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the Sub-Recipient agrees that it will not look to, nor seek to hold the City, nor any individual member of the City Commission and/or City Administration, personally liable for the performance of this Agreement, and the City shall be released from any further liability to Sub-Recipient under the terms of this Agreement. Section 8. Compliance with Local, State and Federal Regulations -The Sub-Recipient agrees to comply with all applicable Federal regulations as they may apply to Program administration as described in 24 CFR 570 and 2 CFR 200 and carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K — Other Program Requirements, as same may be amended from time to time. Additionally, the Sub- Recipient will comply with all State and local (City and County)laws and ordinances hereto applicable. It shall be the Sub-Recipient's sole and absolute responsibility to continually familiarize itself with any and all such applicable Federal, State, County and City regulations, laws, and/or ordinances. Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by the CDBG Program. "Benefits" under this section means financial assistance, public services, jobs, and access to new or rehabilitated housing and other facilities made available under activities funded by the CDBG Program. "Benefits" do not include relocation services and payments to which displacees are entitled by law. Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgment. Section 11. Term: This Agreement shall be deemed to have commenced retroactively on October 1, 2020, and shall terminate on September 30, 2021 (the Term), with the understanding that at, the end of the Term, the City Commission has the authority to reappropriate any remaining unused Funds. Section 12. Termination of Agreement: 12.1 Termination for Convenience: This Agreement may be terminated by the City, for convenience and without cause, through the City Manager; upon 30 days prior written notice to Sub-Recipient. In the event of such termination for convenience, the City shall cease any payments to Sub-Recipient for costs resulting from obligations which were not approved before the effective date of termination. Sub- Recipient shall be solely responsible for immediately returning any unused or unapproved Funds as of the date of termination, and shall also be solely responsible 3 DocuSign Envelope ID:C2761567-DC13-401 F-988E-CF0A1 B844850 for submitting a final report, as provided in Section 5 hereof, (detailing all Program objectives, activities and expenditures up to the effective date of the termination). Said final report shall be due within five(5)working days following the effective date of termination. Upon timely receipt of Sub-Recipient's final report,the City, at its sole discretion, shall determine the amount(if any) of any additional portion of the Funds to be returned to the City as a result of any unapproved or unused Funds, or incomplete Program items, and shall provide Sub-Recipient with written notice of any monies due. Said additional monies shall be due and payable immediately upon receipt of such notice by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also terminate this Agreement for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform, in accordance with the terms of this Agreement, or any Federal, State, County or City law, or regulation. b. Submitting reports to the City which are late, incorrect, or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring and applicable HUD rules and regulations. The City shall notify the Sub-Recipient in writing when the Sub-Recipient has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Sub- Recipient as a condition precedent to curing the default, if applicable; and (iii) a reasonable cure period, which shall be no less than thirty (30) days from notification date with respect to Subsections 12.2(a), (b), and(d). In the event the Sub-Recipient fails to cure a default under Subsections 12.2(a), (b), and (d)within the aforestated cure period, this Agreement shall be considered terminated for cause, without requiring further notice to Sub-Recipient, and Sub-Recipient shall be solely responsible for repayment to the City of all or any portion of the Funds disbursed to Sub-Recipient, as deemed required by the City, in its sole and reasonable discretion. Said monies shall be immediately due and payable by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the termination for cause, as described in this section, shall be effective upon receipt of the termination notice, without the opportunity to cure said default. Additionally, if Sub-Recipient has committed similar defaults under Subsections 12.2(a), (b), and (d), on two or more occasions during the term of the Agreement, the termination for cause, as described in this section, shall be effective as of the date the second notice is sent to Sub-Recipient by the City, without the opportunity to cure said default. 4 uocuslgn tnvelope ID:G2761567-DC13-401 F-9B8E-CF0A1 8844850 12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory constraints placed on the Funds by HUD, this Agreement will terminate, effective as of the time that it is determined by the City Manager that such Funds are no longer available. Costs of the Sub-Recipient incurred after termination are not allowable unless expressly authorized in writing by the City Manager(whether in the notice of termination or subsequent thereto), and, in that case, may only be allowable if, in the sole discretion of the City Manager: a. The costs resulted from obligations which were properly incurred before the effective date of termination,were not in anticipation of it,and are noncancelable; and b. The costs would be allowable if the Agreement expired normally at the end of its Term. Section 13. Equal Employment Opportunities/No Discrimination: In compliance with 2 CFR 200, Appendix II: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "Federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Unless otherwise required by applicable laws, in connection with performance of the Services, the Sub-Recipient shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Sub-Recipient shall comply with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in the employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity,familial and marital status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, or disability. Section 14. Program Income: The Sub-Recipient shall report monthly all program income (as defined at 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Sub-Recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub- Recipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the Term. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City Manager, and only in accordance with requirements set in 24 CFR §570.200(j). The Sub-Recipient shall comply with First Amendment Church/State principles, as follows: 5 Uocuslgn Envelope ID:C2761567-DC13-4D1 F-988E-CF0A1 8844850 a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration of the Agreement, and in addition to any and all other remedies available to the City (whether under this Agreement, or at law or in equity),the Sub-Recipient shall immediately transfer to the City any Funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The City's receipt of any Funds on hand at the time of termination, shall not waive the City's right (nor excuse Sub- Recipient's obligation) to recoup all or any portion of the Funds, as the City may deem necessary. Section 17. Conformity to HUD regulations: The Sub-Recipient agrees to abide by guidelines set forth by HUD for the administration and implementation of the CDBG Program, including applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, as amended • by 2 CFR 200 and applicable Federal laws and regulations in 24 CFR 570.600, of seq. as now in effect and as may be amended from time to time. In this regard, the Sub-Recipient agrees that duly authorized representatives of HUD shall have access to any books, documents, papers and records of the Sub-Recipient that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. a. Subpart A-"Acronyms and Definitions" b. Subpart B-General Provisions c. Subpart C-"Pre-Federal Award Requirements and Contents of Federal Awards" d. Subpart D - "Post-Federal Award Requirements", except for 200.305, 200.306, 200.307, 200.308, 200.311 as detailed below: 1) "Payment" is modified for lump sum drawdown for financing of property rehabilitation activities, in accordance with 570.513. 2) "Program Income" is governed by 570.504 3) "Real Property" does not apply, except as provided in 570.200(j). Real property is governed by § 570.505. 4) "Equipment"CDBG Sub-Recipients shall follow Section 200.313, except that when 6 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 the equipment is sold, the proceeds shall be program income. Equipment not needed by the Sub-Recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient. 5) Section 200.333"Retention requirements for records" applies except that: For Sub-Recipients: i. The retention period for individual CDBG activities shall be the longer of five (5) years after the expiration or termination of the Sub-Recipient agreement under § 570.503, or five (5) years after the submission of the annual performance and evaluation report, as prescribed in § 91.520 of this title, in which the specific activity is reported on for the final time; ii. Records for individual activities subject to the reversion of assets provisions at § 570.503(b)(7) or change of use provisions at § 570.505 must be maintained for as long as those provisions continue to apply to the activity; and iii. Records for individual activities for which there are outstanding loan balances, other receivables, or contingent liabilities must be retained until such receivables or liabilities have been satisfied. 6) Section 200.343"Closeout" City will close-out the Federal award when it determines that all applicable administrative actions and all required work of the Federal award have been completed by the Sub-Recipient. The following actions must take place to complete this process at the end of the Term. i. The Sub-Recipient must submit, no later than 45 calendar days after the end date of the Term, all financial, accomplishment, performance, and other reports as required by the terms and conditions of this Agreement. City entity may approve extensions when requested by the Sub-Recipient. ii. Unless City authorizes an extension, Sub-Recipient must liquidate all obligations incurred under this Agreement no later than 45 calendar days after the end date of the Term as specified in the terms and conditions of this Agreement. iii. City must make prompt payments to the Sub-Recipient for allowable reimbursable costs under this Agreement prior to being closeout. iv. Sub-Recipient must promptly refund any balances of unobligated cash that City paid in advance or paid and that are not authorized to be retained by the Sub-Recipient for use in other projects. See OMB Circular A-129 and see §200.345 Collection of amounts due, for requirements regarding unreturned amounts that become delinquent debts. v. Consistent with the terms and conditions of the Agreement, City must make a settlement for any upward or downward adjustments to the Federal share of costs after closeout reports are received. vi. Sub-Recipient must account for any real and personal property acquired with Federal funds or received from the Federal Government in 7 uocu5ign tnvelope ID:C2761557-DC13-401 F-9B8E-CF0A1 B844850 accordance with §§200.310 Insurance coverage through 200.316 Property Trust Relationship and 200.329 Reporting on Real Property. vii. City should complete all closeout actions for Federal awards no later than one year after receipt and acceptance of all required final reports. e. Subpart E-Cost Principles f. Subpart F -Audit Requirements Section 18. Sponsorships: The Sub-Recipient agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Sub-Recipient for, on behalf of, and/or about the Program, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT" shall appear in the same size letters or type as the name of the Sub-Recipient. Section 19. Examination of Records: The Sub-Recipient shall maintain sufficient records in accordance with 24 CFR 570.502, 570.503(b)(2) and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations.This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement; b. Time sheets for split-funded employees,which work on more than one activity, in order to record the CDBG activity delivery cost by Program and the non-CDBG related charges; and c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries, where applicable. The Sub-Recipient is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of five (5) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved.The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. 8 DocuSign Envelope ID:C2761567-DC13-4D1 F-988E-CF0A1 8844850 Section 20. Audits and Inspections: a. At any time during normal business hours, and as often as the City (and/or its representatives) may deem necessary, the Sub-Recipient shall make available all records, documentation, and any other data relating to all matters covered by the Agreement,for review, inspection or audit. In compliance with 2 CFR 200, Subpart F- Audit Requirements, if Sub-Recipient expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions mentioned above and shall be submitted to the City 180 days after the end of the Sub-Recipient's fiscal year. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. b. Inspector General Audit Rights 1) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 2) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Sub-Recipient , its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3) Upon ten (10) days written notice to the Sub-Recipient, the Sub-Recipient shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Sub-Recipient, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4) The Inspector General shall have the right to inspect and copy all documents and records in the Sub-Recipient's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, 9 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 5) The Sub-Recipient shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Sub-Recipient shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Sub-Recipient shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. 6) The provisions in this section shall apply to the Sub-Recipient, its officers, agents, employees, subcontractors and suppliers.The Sub-Recipient shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Sub-Recipient in connection with the performance of this Agreement. 7) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Sub-Recipient or third parties. Section 21. Indemnification/Insurance Requirements: The Sub-Recipient shall indemnify and hold harmless the City, its officers, employees and agents, from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Sub-Recipient, or any of its agents, officers, servants, employees, contractors, patrons,guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of Sub-Recipient, pursuant to this Agreement and/or the Program. The Sub-Recipient shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, and shall pay all costs (including attorney's fees) and judgements which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. The Sub-Recipient shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30)days after the commencement date of the Term, this Agreement shall automatically terminate and become null and void, and the City shall have no obligation under the terms and conditions hereof. The Sub-Recipient shall maintain and carry in full force during the Term of this Agreement, and/or throughout the duration of the Program contemplated herein, whichever is longer, the following insurance: 10 DocuSign Envelope ID:C2761567-DC13-4D1 F-988E-CF0A1 8844850 a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of$1,000,000 single limit,subject to adjustment for inflation. The policy must include coverage for contractual liability to cover the above indemnification. b. Worker's Compensation and Employers Liability, as required pursuant to Florida Statutes. c. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shall be in the amount of $500,000, subject to adjustment for inflation. The City of Miami Beach shall be named as an additional insured under all such insurance contracts. Thirty- (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Sub-Recipient and its insurance company. The insurance must be furnished by insurance companies authorized to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B+" as to management, and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall. The City shall have the right to obtain from the Sub-Recipient specimen copies of the insurance policies, in the event that submitted Certificates of Insurance are inadequate to ascertain compliance with required coverage. Compliance with the foregoing requirements shall not relieve the Sub-Recipient of its obligation to indemnify and hold the City harmless, as required in this section. Section 22. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Community Development Block Grant (CDBG) funded activities has any personal financial interests, direct or indirect, in this Agreement. The Sub-Recipient covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Sub- Recipient covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and State, County and City of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest. The Sub-Recipient shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. Section 23. Venue: This Agreement shall be governed by, and construed in accordance with,the laws of the State of Florida, both substantive and remedial,without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in Federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND SUB- RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: Maria L. Ruiz, Department Director Office of Housing and Community Services 11 Docuslgn Envelope ID:C2761567-DC13-401 F-9B8E-CF0A1 B844850 • Care of: Office of Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Sub-Recipient: Keenya Robertson, Executive Director Housing Opportunities Project for Excellence, Inc. 11501 NW 2 Avenue Miami, FL 33168 In the event that the Sub-Recipient changes the Executive Director during the term of the Agreement, such change must be notified in writing to the City within 15 days of such change. Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$5,000. Sub-Recipient hereby expresses its willingness to enter into this Agreement with Sub-Recipient's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$5,000. Accordingly, Sub-Recipient hereby agrees that the City shall not be liable to Sub-Recipient for damages in an amount in excess of$5,000,for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. Section 26. Florida Public Records Law: a. Sub-Recipient shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. b. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. c. Pursuant to Section 119.0701 of the Florida Statutes, if the Sub-Recipient meets the definition of"Contractor"as defined in Section 119.0701(1)(a),the Sub-Recipient shall: 1) Keep and maintain public records required by the City to perform the service; 2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Sub-Recipient does not transfer the records to the City; 4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Sub-Recipient or keep and maintain public records 12 Docusign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 required by the City to perform the service. If the Sub-Recipient transfers all public records to the City upon completion of the Agreement, the Sub-Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the Agreement, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. d. Request for Records; Noncompliance 1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Sub-Recipient of the request, and the Sub-Recipient must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 2) Sub-Recipient's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (i) unilaterally terminate the Agreement; (ii) avail itself of the remedies set forth under the Agreement; and/or(iii)avail itself of any available remedies at law or in equity. 3) A Sub-Recipient who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. e. Civil Action 1) If a civil action is filed against a Sub-Recipient to compel production of public records relating to the City's contract for services,the court shall assess and award against the Sub-Recipient the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Sub-Recipient unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Sub- Recipient has not complied with the request, to the City and to the Sub- Recipient. 2) A notice complies with subparagraph (1)(ii) if it is sent to the City's custodian of public records and to the Sub-Recipient at the Sub-Recipient's address listed on its contract with the City or to the Sub-Recipient's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail,with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 3) A Sub-Recipient who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. f. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: • 13 DocuSign Envelope ID:C2761567-DC13-41211F-9B8E-CF0A1B844850 CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(c>JMIAMIBEACHFL.GOV PHONE: 305-673-7411 Section 27. E-Verify 27.1 Sub-Recipient shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to • the E-Verify Statute, commencing on January 1, 2021, Sub-Recipient shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Sub-Recipient shall expressly require any approved subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Sub-Recipient enters into a contract with an approved subcontractor, the subcontractor must provide the Sub-Recipient with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Sub-Recipient shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. 27.2 Termination Rights. a. If the City has a good faith belief that Sub-Recipient has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Sub-Recipient for cause, and City shall thereafter have or owe no further obligation or liability to Sub-Recipient. b. If the City has a good faith belief that a subcontractor has knowingly violated Section 27.1, but the Sub-Recipient otherwise complied with such section, the City will promptly notify the Sub-Recipient and order the Sub-Recipient to immediately terminate the Agreement with the subcontractor. Sub-Recipient's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Sub-Recipient's contract for cause. c. A contract terminated under the foregoing Subparagraphs (a) or (b) is not in breach of contract and may not be considered as such. d. The City or Sub-Recipient or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (a)or(b) no later than 20 calendar days after the date on which the contract was terminated. e. If the City terminates the Agreement with Sub-Recipient under the foregoing Subparagraph (a), Sub-Recipient may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. f. Sub-Recipient is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this section. Section 28. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. [SIGNATURES TO FOLLOW] 14 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC.) a Florida not-for-profit corporation A-TTIg§ Td by: c—DocuSigned by: QIP eiA Mt6 a 6F pf p AE4B2... Signature Tony Brito Keenya Robertson, Executive Director Print Name Print Name and Title 4/20/2021 I 12:56 PM PDT Date CITY OF MIAMI BEACH, FLORIDA a Florida municipal corporation by: DocuSigned by: rafatt, Grattak 5a.ln, adieu' '-24A05013ADDC4B5... SAC3E01CB3F6454... Signature Signature Rafael E. Granado, City Clerk Dan Gelber, Mayor Print Name Print Name 4/27/2021 I 11:26 AM EDT Date • PROVED TO FORM . GUAGE 15 & 1 ECUTION °g•F' 'c' 23 21 0. City Attorney r ate DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 EXHIBIT"A" "SCOPE OF SERVICES" Statement of Work: In compliance with 24 CFR 570.503 (b)(1), Sub-Recipient agrees to provide the following: Sub-Recipient Name: Housing Opportunities Project For Excellence, Inc. (H.O.P.E., INC.) Federal Award 65-0108794 Identification: DUNS Number: 874223522 Federal Award: FY 2020 CDBG Funds Subaward Period of Retroactive to October 1, 2020—September 30, 2021 Performance: Budget: $20,000—as detailed in Exhibit C- Budget Total Amount of Federal Funds $20,000 Obligated: Federal Awarding U.S. Department of Housing and Urban Development(HUD) Agency: Pass-through Entity: City of Miami Beach — Office of Housing and Community Development, a Division of the Office of Housing and Community Services Reports Due: Prior to the 10th of every month starting the month after contract execution: • Progress • Accomplishments • Financial Service Location: Due to COVID-19 most, if not all activities will be conducted virtually. Scattered sites located within the City of Miami Beach limits with serve as service locations, should CDC and/or safety guidelines permit. Program: Fair Housing Services—Affirmatively Furthering Fair Housing efforts within the City limits. Service: Provision of services to support the City in meeting its requirements to Affirmatively Further Fair Housing. Activities will include targeted efforts to reach home seekers, housing providers, Sub-Recipients and City staff through presentations, classes, meetings, workshops, community events and seminars where people can be duly informed of their rights and responsibilities under national, state, and local fair housing laws. Fair Housing testing will assess the compliance of housing providers operating in the City of Miami Beach with fair housing laws. Fair housing monitoring visits of City of Miami Beach funded entities will include an assessment of policies, documents, and physical locations for compliance with fair housing laws. Fair Housing Month/Awareness ads will be created and provided to City of Miami Beach for electronic distribution to its residents. Units of Service: • 8 Fair Housing Education presentations/sessions • 10 Fair Housing Testing (paired telephone tests) • 5 Fair Housing Monitoring (City of Miami Beach funded entities) • 4 Fair Housing Month/Awareness ads Deliverables: • Documentation of presentation and attendance (agenda, attendance summaries, applicable event materials, photos, etc.) • Log of completed testing to include name of property tested, date, fair housing basis (race, familial status, etc.), and results. • Monitoring visit summary; including areas of assessment and recommendations made to housing provider. 16 uocuNgn tnveiope IU:UZ/b1 bb(-UG13-4U1F-988E-CF0A1B844850 • Copies of ads provided to City of Miami Beach with date and location of publication. Benchmarks: Outreach and public education raising awareness of the fair housing laws that protect individuals against housing discrimination and assessment of compliance of City of Miami Beach housing providers, including those receiving City funds,with fair housing laws. The Program is designed to overcome the effects of conditions that limit fair housing choice and to provide essential and detailed fair housing information, enforcement, counseling and referral services to all City residents. Program activities ensure that the general public and protected classes become aware of fair housing laws and the means available to seek redress for fair housing rights violations, especially those at risk of experiencing housing discrimination based on their protected class status: e.g. race, color, religion, sex, disability, familial status, national origin, age, marital status, sexual orientation, gender identity/expression, source of income, or status as a victim of domestic violence. The initiative is also structured to furnish housing providers with the most current information necessary to comply with fair housing laws and become fully aware of the existence, nature, extent, and causes of fair housing issues. Related Definitions: Environmental Review — Programs must have an Environmental Review unless they meet criteria specified in HUD regulations that would exempt or exclude them from Request for Release of Funds (RROF) and environmental certification requirements (24 CFR sections 58.1, 58.22, 58.34, 58.35 and 570.604). Evidence of Procurement — All expenses incurred with grant funds require evidence of procurement according to this Agreement. Please carefully read the Agreement and related HUD rules to ensure compliance. • Monthly Accomplishment Report—The Sub-Recipient is required to submit a Monthly Accomplishment Report by the 10th of the following month. The report will detail the demographics of the Program beneficiaries within the City limits. Monthly Financial Report— The Sub-Recipient is required to submit a Monthly Financial Report by the 10th of the following month regardless of whether or not funds are requested.The report delineates Program costs incurred including non-City funds. Monthly Progress Report—The Sub-Recipient is required to submit a Monthly Program Progress Report by the 10th of the following month. The report summarizes the progress made and Units of Service completed. Professional Services Contracts— Professional services funded through this Agreement must adhere to procurement guidelines as appropriate and have executed written agreements between the Sub-Recipient and the respective Vendor. Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy of all professional service contracts must be submitted to the City prior to reimbursement request. Proof of Insurance— Evidence of appropriate and required insurance must be submitted prior to contract execution. No City funds will be dispersed prior to submission of required insurance coverage. Applicable Rules and Regulations: • Environmental Review: In compliance with 24 CFR 570.604 Environmental Standards,The City is responsible for undertaking Environmental Reviews in accordance with the requirements imposed on "recipients" in 24 CFR 58. 17 Docuslgn Envelope ID:C2761567-DC13-4D1 F-988E-CF0A1 B844850 Pursuant to 24 CFR 58.34(3)— Exempt Activities: Except for the applicable requirements of§ 58.6, The City does not have to comply with the requirements of this part or undertake any environmental review, consultation or other action under NEPA and the other provisions of law or authorities cited in § 58.5 for Administrative and management activities. • Compliance with National Objective CDBG funds expended for administration, planning and capacity building costs are considered to address the national objectives for the CDBG program as a whole; therefore, no documentation of compliance is required. • Budget Amendments The goal should be to limit the use of Budget Amendments. Budget Amendments require prior written approval by the City Manager.To request a Budget Amendment, a written request for changes must be submitted to your Grant Monitor delineating the changes and providing a detailed justification for making the request. Approvals of any changes are at the sole discretion of the City Manager. No budget amendment will be processed after June 30, 2021 or the expenditure of 60% of funding whichever occurs first. Budget amendments that deviate from the original scope will be rejected and the funds in question may be subject to recapture at the sole discretion of the City Manager. • Sub-Recipient File Review The following documentation must be included in the Sub-Recipient's file for those employees providing services under this contract. • Evidence of Credentials/Licenses • Evidence of Required Experience • Florida Background Criminal Screening, if applicable • Affidavit of Good Moral Character, if applicable • 1-9 Verification on File • CDBG Training Certificate • Evaluation In its continuing effort to ensure contract compliance and performance,the City will evaluate the Sub- Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following measures: • Agreement compliance • Accuracy and timeliness of Monthly Accomplishment Reports • Accuracy and timeliness of Monthly Financial Reports • Accuracy and timeliness of Monthly Progress Reports • Adherence to Program timelines • Fulfillment of prescribed outcomes • Monitoring & Performance Reviews The City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual compliance. This includes, but is not limited to, event attendance to witness Program efforts. Monitoring visits will take place within 120 days of the Agreement's execution. The City will notify Sub-Recipient a minimum of three (3) business days prior to a monitoring visit. • Performance Ratings Sub-Recipient agrees that its Performance Rating, the score awarded for performance on the following measures, will be posted on the City's website on an annual basis: • Timely and accurate submission of Monthly Progress/Accomplishment Report • Timely and accurate submissions of Monthly Financial Reports(reimbursement requests) 18 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 • Adherence to Technical Assistance and Sub-Recipient instructions • Delivery of contracted service units Ratings will be given for each performance measure based on the following: Performance Measure Rating Rationale& Score Timely and accurate submission of Monthly D "0"for failing to submit on time Progress/Accomplishment Report D "25"for submitting on time Timely and accurate submissions of Monthly I D "0" for failing to submit accurate report with Financial Report(reimbursement requests) back-up material on time D. "25"for submitting accurate report on time i I Follow Technical Assistance (TA) instructions i D "0" for failing to follow TA instructions once I once provided provided D "10"for following TA instructions as provided Delivery of contracted service units within Possible score of 0 to 50 based upon completion 1. contracted timeframe of projected service units. Score is pro-rated if total projected service units are not met. • Reporting Requirements The Sub-Recipient will provide the City with complete Monthly Accomplishment, Financial and Progress Reports by the 10th of the following month. In the event that the 10th of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. Monthly reports will be submitted via any of the following methods: • Standard mail • Hand delivery • Or any other method approved by the City Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately completed including draw number and submittal date; • Necessary back-up materials are included (sign-in sheets, event materials, HOPE quarterly newsletter); and • Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized signatory. Monthly Progress Reports should encapsulate a Program's progress in alignment with the funds expended. • Timeliness of Reimbursement Requests Reimbursement requests must be submitted no later than sixty(60) days from the incurrence of the expense. The City will strictly monitor this element. Therefore, the Sub-Recipient should calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely manner. • Training Requirements Sub-Recipient must ensure that the person responsible for preparing the Monthly Progress, Accomplishment and Financial Reports attends the City's Sub-Recipient Reporting Training and places the attendance certificate in the Program's file for inspection by the City during its monitoring visit. 19 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 EXHIBIT"B" "Documentation" The Sub-Recipient agrees to provide the following documents as part of its reporting requirements: To Document Insurance Coverage: • Copy of insurance policy or binder(with proof of payment)with limits and scope of coverage adding the City of Miami Beach as additional insured To Document Service and Expenses Incurred: • Sign-in sheets must include: a. Service location b. Participants' zip code c. Demographic information as required in the CDBG Accomplishment Report d. Any additional documents as requested by the City • Event materials such as but not limited to: a. Event pictures with date b. Event flyers and agenda c. HOPE newsletter • Any additional documents as requested by the City • Log of completed testing to include name of property tested, date, fair housing basis (race, familial status, etc.), and results. • Monitoring visit summary; including areas of assessment and recommendations made to housing provider. • Copies of ads provided to City of Miami Beach with date and location of publication. 20 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 EXHIBIT"C" "Budget" The attached budget reflects the scope of expenses that may be incurred through this Agreement. MIAMI BEACHCOBGFY20.21 Projed Budget HOUSING PORrU NIT ES PROJECT FOR Sub-Recipient: E(CELLEENCE.INC.(HCP=_) Project Airmatvely Furthering Fair Housing Seine; Please t ataa tens that xwl be reinbursed by the C4tyof Miami Beach Liffe hem Quantity Unit Cost Line Total Persomel(Employees Only)-List Position Title _ Perscrr l Ex• rises-Category Totals 5 - Operating Expenses-Category Totals Operating Expenses-Category Totals S - CapitabEgripment Costs CapitalEquipment Costs-Category Totals Professional Services Professional Services-Cate,• Totals 5 Other Costs. Fav Housing Eduraton pr��ntatonsrsessons 8 S`80 S 4.643.00 Fa:r Housing Testng(paired telephone est) 10 51.000 S 10.000.00 Fair Housing l tonito g(Ctyof Miami Beach funded entities) 5 51.000 5 5.000.00 Fair Housing MantItAwarenessads 4 S90 $ 380.00 Other Costs-Cate e,., Totals S 20.000.00 ProjectTctal-All Categories S 20.000.00 21 uocuaign tnveiope ID:LZ(blbb/-uu13-4D11--YBSE-GFOA1B844850 EXHIBIT"D" "Financial Management" To comply with Federal regulations, each program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be capable of generating regular financial status reports which indicate the dollar amount allocated for each activity(including any budget revisions),amount obligated (i.e.,for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible, the City must administer the CDBG funds for the operating agency. Support for Expenditures Sufficient support for expenses depends on the type of expenditure. They normally include the following items: • Salaries-Should be supported by proper documentation in personnel files of hire date, position, duties, compensation, and raises with effective date, termination date, and similar type information. Non- exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) • Employee Benefits- Should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services-Should be supported by a complete and signed copy of the contract between the Sub-Recipient and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor. • Purchases - At a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not represent support for an expense. Records Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for five (5) years in order to show for what purpose funds were spent. Payments should not be made without invoices and vouchers physically in hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a period of five (5) years, with access guaranteed to the City, to HUD or Treasury officials or their representative. Audits Sub-Recipient shall adhere to the following audit requirements: 1. Audits for Federal Awards in excess of$750,000 in a fiscal year. If the Sub-Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and 2 CFR Part 200.501. The audit shall determine whether the financial 22 DocuSign Envelope ID:C2761567-DC13-4D1 F-988E-CF0A1 B844850 statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the Sub-Recipient has complied with laws, regulations and the provisions of this Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings;the auditor's report and the corrective action plan. The auditor's report shall include: • An opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. • A report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. • A report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion)as to whether the Sub-Recipient complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. • A schedule of findings and questioned cost which shall include the requirements of 2 CFR Part 200.501. 2. Audits for Federal Awards under$750,000 in a fiscal year. If the Sub-Recipient expends less than$750,000 in the fiscal year in Federal awards it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the Sub-Recipient to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements: activities allowed or disallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. 23 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 EXHIBIT"E" "Monthly Progress Report Forms" M I AM I BEACH Monthly Progress Report Sub-Recipient Housing Opportunities Project for Excellence,Inc.{H.O P.E.) Date: Project Fair Housing Education and Outreach Initiative Funding Source: CDBG FY 2019 Fiscal Year 2019(20. Reporting Period: Funded Project Overview To provide technical assistance to the City,ss en entitlement jurisdiction, in meeting it requirement to Affirmatively Further Fair Housing by overcoming the effects cf conditions that limit fair housing choice citywide through education, outreach and counseling. Fiscal Overview Total Project Cost S 20,000.09 City Funding: Project Progress for Current R eporling Period For Capital Projects please include photographs of progress achieved this reporting period. Certification of Compliance in accordance vihti Section 8 d the contract between the City and the Sub-Recipnt: The&ib-.?eciaenf agrees to cmrpfy vith a4 applicable Federal regulations inctudng the Davis Bacon Act and Section 3 requirements as they may apply to Program ado inistraffon and to carry art each actMty h conpfiarce wiffr the lava and regulations as described rr 24 CFR 570 arbpart K as sane maybe an ended from tine to tine.Additionally,the Sub-Recipient will comply with all State and focal(City and County) taws and ordkrances hereto applicable. Signature of Preparing Party Signature of Authorizing Patty Name: Name: Date: Date: REMINDER:SUBMIT DRAW REQUEST AND ALL REQUIRED BACK-UP DOCLItv1ENTATI0N INCLUDING PROFORMAS AND PHOTOS. 24 .MIAMIBEACH Fiscal Year FY 2019 Monthly Accomplishment Report I BENEFICIARIES I INCOME RANGE AGE i Please complete this form indicatingthe clients served bythe COBG.funded tr°`_"` p A« to • , project. Please verify your totals. New asp -' Youth- ,Elderly- Month _Clients cr B."11' _ •—, YTOG0inter, 307-ELI- 502'LI 805/MI NLMI Under IS Over 55• OCt. I Nov. Agency Reporting Deo. j Jan 1 Program Name Feb. I Mar. Number of People?Househotds to be Serve Apr, - 1 May Number of PeopleiHousehalds Served Thu June Jutt nsr.C."h„r,Lynn,-s q,IClwcl VI WV Jfr+fl Aug 1 Sey. I N 1 0 Client Intake Forms Total 00 0 0 0 0 0 - 0 0 0 C11 0 Client Sign r Log-in Sheets ELI- Extremelylow•Income MI. Moderate-Ine[ime 0 Other(please spetd9 LI: Low-tricorn, NLMI. Non-Low Moderatthwome - IFS spaniel' Hiro anief Hispini8 Hispanic/ Hispinic Hispanic Hispanic! - Hispanic/ Htspan(c? Total Latino Total Latino Total I Latino Total Latino Total I Latino Total I Latino Total Latino Total Latino Total Latino Month White White Black/ Mack! Asian Asian American American Native Native Asian'S Asian S Black? Black? Amer.Indian/ Amer. Other multi.Other multi- Female Spec. Grand African African Indian/ Indian? Hava ianf Hawaiian White White African African Alaskan Indian/ racial racial HOH Needs Total American American Alaskan Alaskan 011th, 1 Other American American Native 1. Alaskan native native Pacific Pacific ir White &White Black/ Native 8 _ - Islander Islander - - African Black/ - - Oct. - 0 Nov 0 Dec. 0 Jan. 0 Feb. 0 • Mar. _ 0 Apr. 0 May 0 - l ' June 0 July 0 } Aug. 0 j Sep. • _ — 0 1 1 Total 0 0 0 0 0 0 0 0 0 o 0 0 _ 0 _ 0 0 0 0 0 0 0 0 1 DocuSign Envelope ID:C2761567-13C13-4D1F-9B8E-CF0A1B844850 tv\I Atv\l B EAC Monthly Financial Report Sub-Recipient: Housing Opportunities Project for Excellence, Inc.(H.O.P.E.) Project: Fair Housing Education and Outreach Initiative Funding Source: CDBG FY 2019 Funding Fiscal Yeac 2019/20 Reporting Period: Date of Reimbursement Request Draw# Reimbursement Summary Expense Category Grant Award Previous Available This Request Requests Balance Personnel Expenses $ - $ - $ - $ - Operating Expenses $ - $ - $ - $ - Capital/Equipment Expenses $ - $ - $ $ - Professional Services Expenses $ 20,000.00 $ - $ 20,000.00 $ - Other Expenses $ - $ - $ - $ - Total Reimbursement Request $ 20,000.00 $ - $ 20,000.00 $ - Sub-Recipient Certification In accordance with the contract between the City and the Sub-Recipient The parties acknowledge that the Funds originate from-HUD, and must to implemented in full compliance with all of HUD's rules and regulations. In accordance with the contract between the City and the Sub-Recipient The Sub-Recipient agrees to corm* with all applicable Federal regulations as they may apply to Program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K as same may be amended from time to time. Additionally, the Sub-Recipient will comply with all State and local(City and County)laws and ordinances hereto applicable. In accordance with the contract between the City and the Sub-Recipient, the Sub-Recipient will ensure and maintain evidence that activities assisted with HUD funds from the City comply with the stated National 04ec five. Signature of Preparing Party Signature of A uthorizing'Party Name Name Date Date Pagel of2 26 uocuslgn Envelope ID:C2761567-DC13-4D1F-9138E-CF0A1B844850 REIMBURSEMENT SUMMARY Reimbursement Detail Personnel Expenses Etna a e2, a ��ya t l :U Tiao..St ` .' �. + .., .� :«'�..��.uapw..rY: ; ni° "`I'ei" aur •itaent $ P� s�odn•-g xp.'rist s.et'IVitax a. x ' , .: r'swx.4� Operating Expenses -•Oua � I .eirnburse gent $ yy $ QP--Mat1I1.�,_ X'o EI1 s ITeta{ mom } f w <, z Y ?P $S F- p'. Capital/Equipment Expenses E,'pen,se i Qtantity `r;' #WiLA.,1,Ot U iL $ $ Caplet Iikalipmegt`_zpense,SiAT alp " 'Tr*477r4Mti - .._ Professional Services Expenses Experselt m "�:: . .S.,: llniTOost c .. .ra :QuaVitr 3 a $ $ $ $ P ofesioapr Se��iceslL.Evxpenes1j.o_ :1:I c,* $- r v''"9 Other Expenses „x E 1R13.0 ';Unit Cos 7"7,e ,s,'.t147a fy ,,TggR7pbur�sernent, $ $ - $ Othere-S16i5iW .,� +� �� •��l'�`.4a of-:1F. �t�a1 a �x ..,> 27 MIAMI BEACH CITY OF MIAMI BEACH Office of Housing and Community Services Community Development Block Grant(CDBG)Program Sub-Recipient On-Site Monitoring Checklist Public Services Date of Monitoring Visit: Sub-recipient: Address: Phone: Fax: Project Name/Project Manager: YES NO NIA Comments 0 A. National Objective and Eligibility: K O3- 00 Benefit to Low-and Moderate-Income Persons(CFR 570.208) 3 ,ar co B. Conformance to the Sub-recipient Agreement O 1 Contract Scope of Work—Is the full scope of services O listed in the contract files? List any deviation. 2 Levels of Accomplishments-Is the project achieving the expected levels of performance(number of persons served, etc.)and reaching the intended client group? Is the project accomplishing what it was designed to do? 3 Timely Performance—Is the work being performed in a timely manner(i.e.,meeting the schedule as shown in the Scope of Work)? 4 Budget—Do actual expenditures match planned expenditures? 5 Requests for Payment—Are payment requests being submitted in a timely manner? Are payment requests consistent with level of work accomplished? Is Program Income being reported on a monthly basis? 6 Progress Reports—Have progress reports been submitted in a timely manner? Are progress reports complete and accurate? 7 Special Conditions-Does the project conform to any special terms and conditions included in the agreement? >ub-recipient: N • YES NO N/A Comments C. Record-Keeping Systems(570.506) 1 Filing System—Are file orderly,comprehensive,up-to-date, secured for confidentiality? 2 Documentation—Does sub-recipient have established procedures for collecting eligibility income documentation from program participants/clients? Do project files have necessary documentation to support national objective,eligibility and program costs? 3 Record Retention—Does sub-recipient have a records • retention policy and procedure? 4 Site Management—Is project manager located on-site and running day-to-day operations? Does staff seem fully informed about the program requirements and project expectations? D. Financial Management Systems 1 Internal Control Systems-Does sub-recipient have accounting policies and procedures for cash,real and personal property,equipment and other assets? Are records maintained that indicate how CDBG program funds are used? 2 Components of Financial Management System- Are sub-recipients chart of accounts,journals, ledgers,reconciliation,data processing and reporting system up-to-date? 3 Accounting-Are appropriate receipts and supporting documentation on file for all reimbursement requests? 0 4 Eligible,Allocable,and Reasonable Costs-Does project delivery costs appear to be reasonable and eligible under the CDBG Program? 5 Drawdown Procedures -Are all drawdowns of CDBG funds property recorded? 6 IPA Audit Reports-Has the sub-recipient expended$500.000 or more in Federal funds for the program year? If yes,date audit conducted. Are there any findings related to CDBG Activities? It yes,explain. Sub-recipient: YES NO N/A Comments E. Insurance 1 Certificate of Insurance—Has the sub-recipient submitted a current copy of the Certificate of insurance with the City named as additional insured? F. Procurement 1 Procurement Procedures—Does sub-recipients procurement procedures and policies meet CDBG requirements? 2 Conflict of Interest--Does the sub-recipient have a method to to assure there is no conflict of interest,real or apparent? G. Equipment and Real Property w 1 Has the sub-recipient purchased equipment with CDBG funds in excess of 51,000? 2 Does the sub-recipient maintain records for such equipment purchases? H. Non-Discrimination—Does the sub-recipient comply with the following regulations/requirements? 1 Equal Employment Opportunity(570.506,601,&602) 2 Section 3[570.506(g)(5)&570.607(a)] 3 Fair Housing Compliance[(570.904&570.601(b)] 4 Requirements for Disabled Persons[§504(24 CFR 8.6)] 5 women and Minority Business Enterprises[570.506(g). 85.36(e),&84.44] 1. Conclusion and Follow-up 1 Is the sub-recipient meeting the terms of the Agreement and HUD regulations? 2 Are corrective actions needed? 3 Is technical assistance or additional training needed? Sub-recipient: Additional Comments: w • Site Visit Monitoring Completed by City of Miami Beach Sub-Recipient Representative Name Office of Housing and Community Services Staff Signature Signature Date Date DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 Detail by Entity Name Page 1 of 3 Florida Department of Slate DIVISION OF CORROR4TIONS I.)[Yr,IV., v/ cr�P or Cpl.) PCJ '::\'1r1Ji �✓ • nn wiv t't!'.Herr?0/i!'uttLi Department of State / Division of Corporations / Search Records / Search by Entity Name/ Detail by Entity Name Florida Not For Profit Corporation HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE,INC.(HOPE, INC.) Filing Information Document Number N29076 FEI/EIN Number 65-0108794 Date Filed 11/02/1988 State FL Status ACTIVE Last Event AMENDMENT AND NAME CHANGE Event Date Filed 02/04/1992 Event Effective Date NONE Principal Address 11501 N.W.2ND AVENUE MIAMI,FL 33168 Changed:03/29/2011 Mailing Address 11501 N.W.2ND AVENUE MIAMI,FL 33168 Changed:03/29/2011 Registered Agent Name&Address ROBERTSON, KEENYA P/CEO 11501 N.W.2ND AVENUE MIAMI,FL 33168 Name Changed:01/11/2007 Address Changed:03/29/2011 Officer/Director Detail Name&Address Title CH Romano,Victor,Phd 11501 N.W.2ND AVENUE MIAMI,FL 33168 http://search.sunbiz.org/Inquiry/Corporation Search/SearchResultDetai l?inqu irytype=Entity... 2/22/2021 uocuslgn Lnvelope ID:02761567-DC13-4D1F-9138E-CF0A1B844850 Detail by Entity Name Page 2 of 3 Title VC Rojas,Juan 11501 N.W.2ND AVENUE MIAMI,FL 33168 Title TD Navarro,Marta 11501 N.W.2ND AVENUE MIAMI,FL 33168 Title SD Britto,Anthony 11501 N.W.2ND AVENUE MIAMI,FL 33168 Title PCEO ROBERTSON, KEENYA 11501 NW 2ND AVE MIAMI,FL 33168 Annual Reports Report Year Filed Date 2019 01/16/2019 2020 01/24/2020 2021 01/11/2021 Document Images 01/11/2021--ANNUAL REPORT View image in PDF format 01/24/2020--ANNUAL REPORT View image in PDF format 01/1612019--ANNUAL REPORT View image in PDF format 01/23/2018--ANNUAL REPORT View image in PDF format 02/15/2017--ANNUAL REPORT View image in PDF format 01/21/2016--ANNUAL REPORT View image in PDF formal 02/23/2015--ANNUAL REPORT View image in PDF format 03/03/2014--ANNUAL REPORT View image in PDF format 01/25/2013--ANNUAL REPORT View image in PDF format 01/10/2012--ANNUAL REPORT View Image in PDF format 03/29/2011--ANNUAL REPORT View image in PDF format 01/07/2010--ANNUAL REPORT View image in PDF format 01/21/2009--ANNUAL REPORT View image in PDF format 04/30/2008--ANNUAL REPORT View image in PDF format 01/11/2007--ANNUAL REPORT View image in PDF format 04/26/2006--ANNUAL REPORT View image in PDF format 04/29/2005--ANNUAL REPORT View image in PDF format 04/27/2004--ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/22/2021 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 Detail by Entity Name Page 3 of 3 05/0112003--ANNUAL REPORT View image in PDF format 05/13/2002--ANNUAL REPORT View image in PDF format 06/0512001--ANNUAL REPORT View image in PDF format 09/05/2000--ANNUAL REPORT View image in PDF format 02/14/2000--ANNUAL REPORT View image in PDF format 06/15/1999—ANNUAL REPORT View image in PDF format 03/02/1999—ANNUAL REPORT View image in PDF format 02/24/1998--ANNUAL REPORT View image in PDF format 04/25/1997--ANNUAL REPORT View image in PDF format 01/22/1996--ANNUAL REPORT View image in PDF format 02/09/1995--ANNUAL REPORT View image in PDF format Ftotaaa Department of State,Orvision of Corporations • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/22/2021 uocuslgn Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 RESOLUTION NO. 2020-31257 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FY 2020, WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM AND THE HOME INVESTMENT PARTNERSHIPS(HOME) PROGRAM;APPROVING AND ADOPTING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE(Al)AS REQUIRED BY THE U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD);AND AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE PROGRAM FUNDS;(2)SUBMIT THE ONE-YEAR ACTION PLAN TO HUD;(3)MAKE MINOR NON-SUBSTANTIAL CHANGES TO THE ONE-YEAR ACTION PLAN, THE CONSOLIDATED FIVE-YEAR PLAN,AND THE RESULTING AGREEMENTS(WHICH DO NOT AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLANS); (4) SUBMIT THE REQUISITE REVISED ACTION PLANS AND CONSOLIDATED PLAN; (5) EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN NECESSARY; AND (6) SUBMIT A LETTER TO HUD REQUESTING USE OF AVAILABLE WAIVERS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE CITY INTERDEPARTMENTAL AGREEMENTS FOR RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS. WHEREAS, the City is an entitlement recipient of Federal formula HUD grant programs as follows:Community Development Block Grant(CDBG)funds,and HOME Investment Partnerships (HOME)funds; and . WHEREAS,the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the One-Year Action Plan for Federal funds is a requirement under the U.S. Department of Housing and Urban Development (HUD) formula grant programs, including the CDBG and HOME Programs; and WHEREAS,the One-Year Action Plan for FY 2020 is based upon the City's Federal entitlement of$959,218.00 in CDBG funds and$658,888.00 in HOME funds; and WHEREAS, the planning phase was initiated by the City on February 26, 2020, with the issuance of two Requests for Proposals(REP)for CDBG and HOME program funds, respectively; and WHEREAS, of six RFP submissions received, two projects are being recommended for full funding; and WHEREAS,the resulting CDBG recommendations are incorporated into the FY 2020 One-Year Action Plan as follows:$102,491.00 to the Office of Community Services for grocery assistance; $28,391.00 to the Boys and Girls Club of Miami-Dade for youth aftercare and summer programs; $13,000 to RAIN Parents for childcare services; $623,493.00 to the Office of Housing and Community Services for Neptune Apartments Rehabilitation Phase II &Resiliency Improvements; $191,843.00 for administrative allowance; and Uocuslgn hnvelope ID:02761567-DC13-4D1F-988E-CFOA1B844850 WHEREAS, the city will contract Housing Opportunities Project for Excellence, Inc. (HOPE, Inc.)for the provision of HUD-mandated fair housing services in the amount of$20,000, utilizing CDBG planning and administration funds; and WHEREAS, as a result of the coronavirus COVID-19 pandemic, 'HUD has issued waivers suspending regulations limiting the amount of HOME funds that may be used for administrative and planning cost to ten percent to enable jurisdictions to expend up to 25 percent of its FY 2019 and FY 2020 allocations for administrative and planning costs; and WHEREAS,the administration will send a letter to HUD to request implementation of this waiver for FY 2020 to cover the increased cost of administering HOME-related activities to address the effects of COVID-19; and WHEREAS, the City is normally required to set-aside a minimum of 15% of its HOME funds allocation to a qualified Community Housing Development Organization(CHDO)project;however, on March 7, 2019, HUD sent notice that the Consolidated Appropriations Act of 2019 includes a provision suspending the 24-month commitment requirement for the CHDO set-aside funds through December 31, 2021; and WHEREAS, the Administration's original recommendation for the FY 2020 One-Year Action Plan included$144,166.00 for Tenant-Based Rental Assistance and$350,000 for Homebuyer and Homeowner Rehabilitation Assistance;however,during the May 8,2020 Special City Commission meeting,the Mayor and City Commission directed the Administration to prioritize funds for qualified households in need of rental assistance; and WHEREAS, based upon the City Commission's direction,the Administration recommends the following distribution of HOME funds for the FY 2020 One-Year Action Plan: $164,722.00 for administrative allowance; $220,000.00 for Tenant-Based Rental Assistance;and $274,166.00 for Homebuyer and Homeowner Rehabilitation Assistance; and WHEREAS, HUD requires that all entitlement jurisdictions receiving federal funds submit an Al that identifies barriers to fair housing choice within the jurisdiction and the strategies employed by the jurisdiction to overcome these barriers; and WHEREAS in conjunction with Housing Opportunities Project for Excellence, Inc.the Office of Housing and Community Services completed the Al identifying barriers to housing choice in our City and the various strategies that will be utilized to address the impediment identified; and WHEREAS,the Al will be referenced and adhered to by all housing services funded by the City utilizing federal funds; and WHEREAS,the City advertised a Notice of Public hearing and Public 30-day Comment Period (March 2,2020—April 2,2020)for community development needs and the Analysis of Impediments to Fair Housing Choice (Al)with a public hearing was held on March 17, 2020; and WHEREAS, the One-Year Action Plan for FY 2020 is being made available to the public for comment at a public hearing on May 19,2020;and for a 30-day public review and comment period, from May 4, 2020 through June 3, 2020; and WHEREAS,the City Manager is the HUD-designated agent for all formula grants,and executes the grant applications, agreements, and other applicable HUD documents on behalf of the City. DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 • NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby adopt the City's One-Year Action Plan for federal funds for FY 2020,which includes the budgets for the Community Development Block Grant(CDBG) program and the Home Investment Partnerships (HOME)program; approve and adopt the Analysis of Impediments to Fair Housing Choice(Al)as required by the U.S. Department Of Housing And Urban Development(HUD); and authorize the City Manager to:(1)execute all applicable documents related to the appropriation and allocation of these program funds; (2) submit the One-Year Action Plan to the HUD; (3) make minor non- substantial changes to the One-Year Action Plan, the Consolidated Five-Year Plan, and the resulting agreements(which do not affect the purpose,scope,approved budget and/or intent of the plans);(4)submit the requisite revised Action Plan and Consolidated Plan;(5)extend the expiration dates of said agreements when necessary; and (6) submit a letter to HUD requesting use of available waivers;and authorize the Mayor and City Clerk to execute agreements for sub-recipients of CDBG and HOME program funds; and further authorize the City Manager to execute City interdepartmental agreements for recipients of CDBG and HOME program funds. PASSED AND ADOPTED this /3 day of m 0 , 2020. ATTEST: Dan Gelber, Mayor Raf el E. Granado, C Clerk f UCOR ORATED' , . 'PPRO /. D AS TO FORM ? NGUAGE F•,,' EXECUTION a-� ,c/ti)20,.76' ty Attorney ` DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A15844850 Resolutions-C7 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 13,2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FY 2020, WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM; APPROVING AND ADOPTING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (AI) AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); FURTHER, AUTHORIZING A "SUBSTANTIAL AMENDMENT" TO THE FY 2018-22 CONSOLIDATED PLAN TO INCLUDE COMMUNITY DEVELOPMENT NEEDS AS A PRIORITY NEED AND THE PROVISION OF PUBLIC FACILITIES AND INFRASTRUCTURE AND ECONOMIC DEVELOPMENT AS AN ASSOCIATED GOAL; AND FURTHER AUTHORIZING .THE CITY MANAGER AND CITY CLERK TO EXECUTE CITY INTERDEPARTMENTAL AGREEMENTS; AND AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE PROGRAM FUNDS; (2)SUBMIT THE ONE-YEAR ACTION PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); (3) MAKE MINOR NON-SUBSTANTIAL CHANGES TO THE ONE-YEAR ACTION PLAN, THE CONSOLIDATED FIVE-YEAR PLAN, AND THE RESULTING AGREEMENTS (WHICH DO NOT AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLANS); (4) SUBMIT THE REQUISITE REVISED ACTION PLANS AND CONSOLIDATED PLAN; AND (5) EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN NECESSARY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS;AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE CITY INTERDEPARTMENTAL AGREEMENTS FOR RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS. • RECOMMENDATION Page 75 of 865 uocuign tnvelope iu:uz' ]Ob/-uui3-4U1r-Utiöt-UI-UH1bti44t5U The Administration recommends approving the Resolution. BACKGROUND/HISTORY The Five-Year Consolidated Plan is a federal requirement for all U.S. Department of Housing and Urban Development (HUD) entitlement cities. The City of Miami Beach is a HUD-designated entitlement city as determined by the decennial census information on population growth lag, over- crowding, age of housing stock, and poverty. The City of Miami Beach has been a Community Development Block Grant (CDBG) entitlement community since 1975. The HOME Program was started in 1992 to provide funding specifically for affordable housing. As an entitlement community, the City automatically qualifies for an annual allocation of federal funding 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 Consolidated Plan. The One-Year Action Plan is a component of the Five-Year Consolidated Plan filed with HUD. ANALYSIS The following are the projected allocations for FY 20: Community Development Block Grant Funds FY 2020 HUD Entitlement $959,218.00 Less administrative allowance(20%) ($191,843.00) Less Public Services allowance(15%) - ($143,882.00) Net FY 2020 funds $623,493.00 HOME Funds FY 2020 HUD Entitlement $658,888.00 Less administrative allowance(25%) ($164,722.00) Net available for project allocation $494,166.00 On January 27, 2020, the Administration issued two Request for Proposals (RFP) for CDBG and HOME funds, respectively. The submission deadline for both RFPs was February 26, 2020. To ensure clarification and proactively address questions relating to the completion and submission of the application, a mandatory pre-submission meeting was held on February 4, 2020 to review the RFP with prospective applicants. The City received six applications from the following entities: • Boys and Girls Clubs of Miami-Dade, Inc. • Housing Authority of the City of Miami Beach > RAIN Parents, Inc. • Miami Beach Community Development Corporation Of the six submissions, two projects are being recommended for full funding because all criteria of the RFP were met and the proposed activities are viable and needed.The Housing Authority applied for funds to enable the speculative acquisition of an unidentified affordable property but the proposed amount ($500,000) does not appear realistic given Miami Beach property values and that its proposed leverage was only $300,000. Miami Beach Community Development Corporation submitted two applications to the CDBG RFP but did not provide sufficient information regarding its Page 76 of 865 uocubign tnvelope ID:c2I61bbi-DG13-4D1F-9B8E-CFOA1B844850 • financial capacity or the ongoing viability of proposed activities. A maximum of 15 percent of the City's allocation, or$143,882.00, may fund public service activities. Public service activities include meals programs, rent assistance, childcare programs, etc., for income-eligible participants. The City is recommending full funding of the eligible projects in addition to.the City's grocery program as listed below. Public Services Projects Amount Recommended City of Miami Beach Office of Community Services—Grocery Assistance Program $102,491.00 Boys and Girls Club of Miami-Dade—Aftercare and Summer Camp $28,391.00 Rain Parents—Childcare Services $13,000.00 Total Public Service Allocations $143,882:00 The City continues to have.unfunded capital needs for its own affordable housing properties. The Neptune Apartments, a 35-.unit affordable housing property located at 1632 Meridian Avenue.was acquired by the City in January 2015. The Neptune Apartments was previously awarded$1,113,572. However, this amount is insufficient as the total estimated project cost is $2,186,240. The CDBG funds requested will significantly decrease the funding gap and allow the City to continue with the needed repairs. FY 2020 CDBG Affordable Housing Project Amount Recommended Neptune Apartments Rehabilitation Phase II&Resiliency Improvements $623,493.00 In addition, the Administration will contract Housing Opportunities Project for Excellence, Inc. (HOPE, Inc.) for the provision of HUD-mandated fair housing services in the amount of $20,000. HOPE, Inc. would continue providing housing education workshops to residents and participate in outreach events citywide. Program administration funds will fund this mandated service.Although not currently funded by the City, HOPE, Inc. also investigates allegations of Fair Housing Act violations on behalf of residents who believe they are victims of discrimination. • The Administration is requesting HOME funds be allocated to homebuyer assistance. This use will further leverage funds to increase the number of affordable owner-occupied housing units in the City. The balance of funds will be allocated to tenant-based rental assistance to help ameliorate financial hardship experienced by low-income residents because of a reduction or loss of income as a result of COVID-19: . FY 2020 HOME Affordable Housing Projects Amount Tenant-Based Rental Assistance $144,166.00 Homebuyer Assistance&Homeowner Rehabilitation $350,000.00 Provisions in 24 CFR 92.207 and section 212(c) of the National Affordable Housing Act (NAHA), • _limit the amount of HOME funds that a jurisdiction may use for administrative and planning costs to 10 percent. These provisions have been suspended to enable jurisdictions to expend up to 25 percent of its FY 2019 and FY 2020 allocations for administrative and planning costs. The Administration will send a letter to HUD to request implementation of this waiver for FY 2020 to cover the increased cost of administering HOME-related activities to address the effects of COVID-19. Page 77 of 865 Docusign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 The HOME Program rules require each entitlement community reserve a minimum of 15% of its annual allocation for activities undertaken by qualified Community Housing Development Organizations (CHDO). A CHDO is a private nonprofit, community-based service organization that has identified the development of affordable housing as its primary mission and has the capacity to develop affordable housing. A CHDO must meet certain requirements pertaining to its legal status, organizational structure, capacity and experience. At this time, there is no such agency with this designation within the City. The City released a Request for Letters of Intent (RFLI) for CHDO services on June 21, 2018. No responses were received. However, on March 7, 2019, HUD sent notice that the Consolidated Appropriations Act of 2019. includes a provision suspending the 24- month commitment requirement for the CHDO set-aside funds through December 31, 2021. Analysis of Impediments HUD requires that all entitlement, jurisdictions receiving federal funds submit an Analysis of Impediments to Fair Housing Choice (Al) that identifies barriers to fair housing*choice within the jurisdiction and the strategies employed by the jurisdiction to overcome these barriers. In conjunction with Housing Opportunities Project for Excellence, Inc., the Office of Housing and Community Services drafted the attached Al identifying bafflers to housing choice in our City and the various strategies that will be utilized to address the impediment identified. The AI will be referenced and adhered to by all housing services funded by the City utilizing federal funds. Citizen Participation Plan In accordance with the Citizen Participation Plan: • The City advertised a Notice of Public hearing and Public 30-day Comment Period (March 2, 2020—April 2, 2020)for community development needs and the Analysis of Impediments (Al). The public meeting was held on March 17,2020. • The City advertised a Notice of Public hearing and 30-day Public Comment Period (May 4, 2020 — June 3, 2020) for the draft Action Plan. The public hearing will be held telephonically during the Affordable Housing Advisory Committee (AHAC) meeting on May 19, 2020. Public comments received will be included in the submission of the action Plan to HUD for final review and approval. FINANCIAL INFORMATION Expenditures are tied to federal CDBG and HOME funds and will not impact General Fund. CONCLUSION • The Administration recommends approval of the One-Year Action Plan for FY 2020 to allow the City to draw down entitlement funds to assist income-eligible persons with services and housing, and to ensure the timely and compliant expenditure of HUD funds. The Administration further recommends approval of the Al; authorizing the necessary certification by the City Manager; and authorizing submission of the Al to HUD. Applicable Area Citywide Js this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Page 78 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 No No Legislative Tracking Housing and Community Services ATTACHMENTS: Description Analysis of Impediments (Al) • • Page 79 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 \ • \ \ . \ \ \ •. \ .\ \ , . . ..., • ' .:7. \.. • \ ...:. • .... \ 1 ''' . \.:.• .- \ •„. ,.. .,- „ . \\ \\ / : /. . . . .,' . • . • . . . . il ' • .., ,,. 1,.•!:. ,. ‘ \ \ tj • • \ \ \ . . , \ ‘ \ \\ \ \N •— t/ ' ,.. . . •- / •••-;/ . . - • si:•.: . :1 .. . , . \ , ' ',... \-, •••• . \ \ ,---.------,.... , . , .••••• \ (•/ \ . , ••• i..•• l ' • \',..%.•\ \ . ...., i,,',• 1 ' 11 \\ r.) . \ i ;.•1 \ 4'..1. MIAMI .'"•••<--•.—.z.Z.1.--•'--•;--- BEACH . . . . . . . . . • Analysis of Impediments to Fair Housing Choice . . December 2019 Page 80 of 865 . . DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 , TABLE OF CONTENTS I. INTRODUCTION A. History and Purpose of the Analysis of Impediments (Al) 2 B. Entity Engaged to Conduct the 2019 Al 3 C. Methodology 3 D. Funding 4 E. Fair Housing Planning History 4 F. Summary of Actions Taken Since Completion of Last Al 5 II. JURISDICTIONAL&COMMUNITY PROFILE A. History&Government Structure 7 B. Population 8 C. Geographic Segregation of Racial Groups 10 D. Income 13 E. Employment 13 F. Transportation 15 III. HOUSING PROFILE A.. Housing Stock&Tenure 17 B. Housing Cost&Affordability 19 C. Public&Assisted Housing 21 D. Housing Programs 24 E. Planning&Zoning/Building Codes/Accessibility 26 F. Homeless Needs 28 IV. HOUSING MARKET TRENDS A. Lending Disparity Profile, 2014-2017 30 B. Foreclosures& Related Trends 36 C. 'Evictions 40 V. FAIR HOUSING PROFILE . A. Fair Housing Laws, Enforcement Agencies&Complaint Data 42 . B. Fair Housing Cases 50 C. Public Outreach-Community Surveys 54 VI. CONCLUSIONS&RECOMMENDATIONS A. Identified Impediments to Fair Housing Choice 57 . B. Recommended Fair Housing Strategies 57 VII. SIGNATURE PAGE 60 1 Page 81 of 865 uocusign Envelope ID:G2761567-DC13-4D1 F-9B8E-CF0A1 8844850 I. INTRODUCTION A. History and Purpose of the Analysis of Impediments(Al) Section 808(e)(5) of the Federal Fair Housing Act(Title VIII of the Civil Rights Act of 1968, • as amended) requires the Secretary of the U.S. Department of Housing and Urban Development (the Department)to administer the Department's programs in a manner to affirmatively further fair housing(AFFH).Accordingly, localities that are direct recipients of Community Development Block Grant (CDBG) funds are required by the Consolidated Plan regulations, at 24 CFR Part 91, to certify they will meet their statutory obligation to affirmatively further fair housing as required by the Fair Housing Act, 42 U.S.C. 3608. This certification further requires the grantee to undertake Fair Housing Planning which consists of conducting an Analysis of Impediments to Fair Housing Choice (Al) within its jurisdiction, taking actionsto overcome the effects of any impediments identified through the analysis, and maintaining records reflecting the analysis and actions taken in this regard. Grantees continue to certify that they will affirmatively further fair housing as a condition of continuing to receive federal funds. Although a grantee's AFFH obligation arises in connection with the receipt of federal funds, its AFFH obligation is not restricted to the design and operation of HUD-funded programs at the state or local level.The AFFH obligation extends to all housing and housing-related activities in the grantee's jurisdictional area whether publicly or privately funded.1 Grantees, such as the City of Miami Beach, meet their AFFH obligation by conducting an Al (which identifies those systemic or structural issues that limit the ability of people to take advantage of the full range of housing which should be available to them), developing an Action Plan (with milestones, timetables and measurable results) and implementing strategies that are designed to overcome the impediment to fair housing choice based on the grantees' history, circumstances, and experiences. HUD defines "impediments to fair housing choice" as any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin which restrict housing choices or the availability of housing choices or any actions, omissions, or decisions which have the effect of restricting housing choices, or the availability of housing choices on the basis of race, color, religion, sex, disability,familial status, or national origin. - On July 8, 2015, HUD released a final rule on Affirmatively Furthering Fair Housing' clarifying and simplifying existing fair housing obligations for HUD grantees to analyze their fair housing landscape and set locally-determined fair housing priorities and goals through an Assessment of Fair Housing(AFH). Under the new rule,the AFH would replace the Al. The rule created a streamlined AFH planning process,which would help communities analyze challenges to fair housing choice and establish their own goals and priorities to address the fair housing U.S.Department of Housing and Urban Development,Office of Fair Housing and Equal Opportunity,Fair Housing Planning Guide,Chapter 1,Section 1.2,1-1 2 http://www.huduser.org/portal/sites/default/files/pdf/AFFH_Final_Rule.pdf 2 Page 82 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 • barriers in their community. On January 5,2018,HUD published a notice in the Federal Register' suspending most local governments' obligations under the 2015 Affirmatively Furthering Fair Housing(AFFH) rule to submit an Assessment of Fair Housing(AFH) until after October 31, 2020, and in many cases after 2025. During the suspension, HUD has indicated that it will evaluate the quality of the new format established by the AFFH Final Rule and the technical assistance that is being provided to local governments, as well as improve the AFFH Data and Mapping Tool and the AFH Assessment Tool User Interface to better support program participants. The City of Miami Beach's approximate due date for an AFH submission was January 4, 2018. The legal obligation to affirmatively further fair housing continues until a local government is required to submit an AFH according to the suspension date. The AFFH obligation reverts to the previous process of certifying that they are affirmatively furthering fair housing by conducting an analysis of impediments (Al)to fair housing choice,taking appropriate actions to overcome the effects of any impediments, and keeping records reflecting the analysis and actions. B. Entity Engaged to Conduct the 2019 Al Housing Opportunities Project for Excellence, Inc. (HOPE) is a private fair housing, non- profit, Florida corporation established in 1988 dedicated to eliminating housing discrimination and promoting fair housing.HOPE's mission is to fight housing discrimination in Miami-Dade and Broward Counties and ensure equal housing opportunities throughout Florida. HOPE is the only private, full-service fair housing organization in Miami-Dade and Broward counties engaged in testing for fair housing law violations and pursuing the enforcement of meritorious claims. HOPE has completed Als as consultants for twenty jurisdictions in Florida and has provided Fair Housing Planning services for more than two decades. C. Methodology • The methodology in undertaking this Analysis of Impediments to Fair Housing Choice included the following: • Consultation with jurisdiction Staff • Review of impediments found in prior Al and actions taken to address identified impediments • Collection and review of data/maps available from the U.S. Census and American Community Surveys to compile all relevant demographic, economic, employment and housing market information https://www.govinfo.gov/content/pkg/FR-2018-01-05/pdf/2018-00106.pdf 3 Page 83 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-968E-CF0A1 8844850 • Review of data from City of Miami Beach' Consolidated Plan FY 2018-2022 and Comprehensive Plan • Collection of foreclosure,eviction,and other relevant, housing-related data • Review of Housing Authority of Miami Beach's Section 8 Housing Choice Voucher Administrative Plan • Review of Housing Authority of Miami Beach's Public Housing Admissions and Continued Occupancy Policy • Review of information regarding the jurisdiction's current housing and land use policies and programs that influence housing choice • Analysis of lending data from the Home Mortgage Disclosure Act obtained and processed • utilizing a web-based data mining and exploration tool • Analysis of available data regarding compliance with local, state and federal Fair Housing Law, including the Home Mortgage Disclosure Act (HMDA), the Fair Housing Act; review of reported fair housing complaints and legal cases involving Fair Housing law. • Administration of face-to-face surveys with residents of the jurisdiction and industry stakeholders. The survey was designed to gauge perceptions of housing discrimination, housing issues effecting the jurisdiction, and knowledge of fair housing laws and resolution options. D. Funding The project was funded through an administrative contract between the City of Miami Beach and HOPE. Community Development Block Grant funds were utilized in funding this effort. E. Fair Housing Planning History • HOPE completed the Analysis of Impediments to Fair Housing Choice City of Miami • Beach in 1996,2004 and 2011. The 2011 Analysis identified the following impediments to fair housing choice: 1. Violations of federal,state, and local fair housing laws in the jurisdiction and immediate surrounding areas; 2. Lack of awareness of fair housing laws, issues, and resources; 3. Racial disparities in fair and equal lending; 4. A strongly segregated housing market; and 5. Limited funding availability for the creation of affordable housing opportunities. 4 Page 84 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 F. Summary of Actions Taken Since Completion of Last Al In addition to efforts to expand housing choices for residents through a variety of programs discussed herein, the City of Miami Beach has consistently dedicated funding for an ongoing Fair Housing Education &Outreach Initiative conducted throughout the jurisdiction and implemented by HOPE, that is designed to inform the general public, including community groups, housing industry, lenders, and special needs populations (such as disability advocacy groups) about the rights conferred by federal, state, and local fair housing laws. Specialized fair housing workshops are designed to educate the participants about fair housing laws, how to recognize discriminatory housing practices, and the avenues of redress available to them. The initiative benefits persons who are denied access to the housing of their choice because of their race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status,age,disability,ancestry,height,weight,domestic partner status,labor organization membership,familial situation, political affiliation, and any other classes of people protected under any and all applicable fair housing laws. Training for housing providers has been conducted to promote compliance with fair housing laws and affirmative fair housing marketing requirements. Through its contracts with HOPE, the City has also provided individualized technical assistance in affirmative fair housing marketing and the adoption of fair housing policies to its subrecipients and the City of Miami Beach Service Partnership. Fair housing counseling is provided on the housing discrimination telephone "HELP LINE" which handles inquiries related to a myriad of housing discrimination- related issues. From October 2014 to September 2019,there have been more than 136 events providing educational opportunities (including community presentations, housing provider trainings, and fairs) for 1,666 Miami Beach participants. Topics at these events included: fair housing laws/rights/responsibilities; how to recognize and report housing discrimination; predatory lending; disability rights/accommodations & modifications; and affirmative fair housing marketing,among others. The tables below reflect, by race/ethnicity and income, beneficiaries of the activities undertaken under the Fair Housing Education and Outreach Initiative funded by City of Miami Beach in addressing impediments to fair housing choice identified in its Analysis of Impediments to Fair Housing Choice. Note: Prior to October 1, 2015, homebuyer workshop registrants comprising the Fiscal Year 2014/2015 fair housing outreach participants were all classified as "Low Income"based on information obtained from the facilitators of homebuyer workshops. 5 Page 85 of 865 uocuslgn Lnvelope ID:G2761567-DC13-4D1 F-9B8E-CF0A1 8844850 Participants in Miami Beach Fair Housing Outreach (October 2014-September 2019) Fiscal Year/CDBG Fair Total Black • Total -White Total -Asian Total Other Total Housing Grant Term . Black • Asian Hispanic Hispanic White Hispanic • Other .Hispanic Participants October 1, 2014 - 1 0 151 151 0 0 152 September 30, 2015 October 1, ' 2015 - 25 1 152 98 2 0 8 3 187 September 30, 2016 October 1, 2016 - 65 2 345 242 4 0 18 2 432 • September 30,2017 October 1, 2017 - 65 6 364 245 7 0 6 0 442 September 30,2018 October 1, 2018 — 101 2 315 232 21 2 16 0 453 September 30, 2019 fISCRI YeRr/CDBG• .30% 50%• •V `80% • , • •Non • • . Total V Fair Housin Grant• V •'Iffy V •o ; • •: . . e V Participants 9 .. Ve Low Income' I.O.W.oIncome Moderate Income Low-Moderate ;Term' Income. . October 1, 2014- 0 152* 0 0 152 September 30, 2015 October 1, 2015 - 48 66 56 17 187 September 30, 2016 October 1, 2016- . 41 . 236 141 . • 14 432 September 30, 2017 October 1,2017- 33 157 224 28 442 September 30, 2018 October 1, 2018— 22 107 304 20 453 September 30, 2019 6 Page 86 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 II. JURISDICTIONAL AND COMMUNITY PROFILE A. History&Government Structure !r� The City of Miami Beach a� was incorporated on March 26w"`Z°"'"c8.,cm.or =.n 1915. The Miami Beach Code of rvne►rn mcH Ordinances,Article 1 Section 1.01 defines the City of Miami Beach as {' �;✓f�1 a municipal corporation with a ;. t' Commission-City Manager form of �1.L;l government. The Commission l$• L`/,; x.11- consists of a Mayor and six , rf,•: Commissioners who serve as the 11 reV4(; policy-making body of the City.The C';!,';•r717;:.` j t • City Manager ensures that policies directives, resolutions and ordinances adopted by the City - ;E'1 -L1. Commission are enforced and ;4t. • implemented.The City Manager is y i , also charged with the daily • • _ operations of the City. \� t • is The City is approximately 7.1 � " •1, ~ square miles and is grouped into • • three major areas: North Beach, •� . Middle Beach and South Beach. `3 Fair Housing implication(s): The receipt of CDBG funding from HUD requires the governing body • of the jurisdiction to receive training to ensure that-the City's mandated obligation to affirmatively further fair housing extends to all housing and housing-related activities in its jurisdiction, whether publicly or privately funded,particularly in light of the new HUD Affirmatively Furthering Fair Housing Rule. 3 https://web.archive.org/web/20120605162944/http://www.miamibeachfl.eov/government/ 7 Page 87 of 865 DocuSlgn Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 B. Population Population, age, race and.ethnicity are important demand factors that influence choice and location within local housing markets. According to the US Census Bureau,the 2018 Miami Beach population estimate was 91,71814 Over time, the US population has grown steadily, including rising from 227 million in 1980 to 309 million in 2010.5 In Miami Beach, however, the population has not grown at nearly the same rate, actually going down from 96,298 in 19806 to 87,779 in 2010.' Race and Ethnicity The majority of the City's population is White(70,457 or 76.4%). People who are Hispanic or Latino (50,650) represent 54.9% of the population. Non-Hispanics who are White alone (35,324) represent 38.3%of the population. Blacks/African Americans.(3,597) represent 3.9%of the population. Asians (1,423) represent 1.5%of the population. According to the 2013-2017 American Community Survey 5-Year Estimates, 48,902 (or 53%)of the population is foreign born. Of those foreign born,38,071 (or 78%of all foreign born) were born in Latin America. . Race.and Hispanic Origin• . White alone 70,457 •76.4% Black or African American alone • 3,597 3.9% American Indian and Alaska Native alone : 241 •<1% Asian alone 1,423 1.5% • Native Hawaiian and Other Pacific Islander alone 92 <1% • Some Other Race alone . 14,357 15.6% Two or More Races 2,020 2.2% • • Hispanic or Latino (of any race) 50,650 54.9% White alone, Not Hispanic or Latino 35,324 38.3% 4 https://www.census.gov/quickfacts/fact/tabla/miamibeachcityflorida/POP060210 5 https://www.census.gov/newsroom/csnan/1940census/CSPAN 1940slides.pdf 6 https://www2.census.gov/prod2/decennial/documents/1980a fIABCs1-01.odf 'https://www.census.gov/quickfacts/fact/table/miamibeachcityflorida/POP060210 8 • Page 88 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-988E-CFOA18844850 • Of those 5 years of age and older (87,380), 60,435 speak a language other than English. 48,470 speak Spanish, 8,928 speak other Indo-European languages (Anatolian, Indo-Iranian, Greek, Italic, Celtic, Germanic, Armenian,Tocharian, Balto-Slavic and Albanian), and 1,149 speak Asian and Pacific Island languages. Languages spoken other than English • by residents 5 years of age and older G N. • R i oa . • v ::s= Sri•;.,' • Q.• •• . • • co • _. . . _. . �a... . . . o .. _. . _ Only English Spanish European and Middle Asian and Pacific, • • Eastern languages Island languages other than Spanish Families with Children Of the 47,168 total households in Miami Beach, 38.9%(or 18,350)are family households. A family household is one that has at least one member of the household related to the householder by birth, marriage, or adoption. Same-sex couple households are included in the family household category if there is at least one additional person related to the householder by birth or adoption. Ofthe 18,350 families,37.8% (or 6,937) have children under the age of 18. • Children under the age of 18 (13,559), represent 14.7%of the population. People with Disabilities An estimated 8.6% of the City of Miami Beach population has a disability, according to 2018 American Community Survey S-Year Estimates.e The total number of residents with a a https://data.census.gov/cedsci/table?n=&d=ACS%205- Year%20Estimates%20Data%20Profiles&table=DP02&tid=ACSDP5Y2018.DP02&v=2018&g=1600000U51245025&la stDisplayedRow=30&hidePreview=true. These disability statistics cover the noninstitutionalized population,which is 99.2%of the population. https://data.census.Rov/cedsci/table?q=&d=ACS%205- Year%20Estimates%20Data%20Profiles&table=DP05&tid=ACSDP5Y2018.DP05&&1600000US 1245025&lastDisplav edRow=33&hidePreview=true 9 • Page 89 of 865 DocuSign Envelope ID:C2761567-DC13.4D1 F-9B8E-CF0A1 B844850 disability is approximately 7,862, including 2,717 people under 65 and 5,145 people 65 and older.9 This means that 3.6% of the population under 65 has a disability compared to 34.7% of the population 65 and older.1°Types of disabilities registered in the U.S.Census include sensory, physical, mental and self-care. Miami Beach's human immunodeficiency virus(HIV) rate is 97 times the national average and South Beach's rate is 167 times the national average (University of Miami, 2018). HIV infections have risen 71% in South Beach since 2011. Fair Housing Implication(s): • Increased cultural diversity and significant number of persons who are foreign born indicates a continued need for culturally competent, multi-lingual fair housing information and services. The significant number of households inhabited by children under 18 years of age and/or persons with disabilities indicates a need for educating these populations regarding their rights under federal, state, and local fair housing laws; particularly with regards to reasonable accommodations, reasonable modifications, accessible design and construction, as well as the appropriate application of the Housing for Older Persons provisions of the fair housing laws. The proportion of households with children in Miami Beach is significantly less than the proportion of such households in the county, possibly creating perceived or actual barriers to housing opportunity. • 9 https://data.census.gov/cedsci/table?q=&d=ACS%205- Year%20Estimates%20Data%20Profiles&table=DP02&tid=ACSDP5Y2018.DP02&v=2018&e=1600000US1245025&la stDisplavedRow=30&hidePreview=true 10 https://data.census.gov/cedsci/table?n r&d=ACS%205- Year%20Estimates%20Data%20Profiles&table=0P02&tid=ACSDP5Y2018.DP02&v=2018&g=1600000U51245025&la stDisplavedRow=30&hidePreview=true 10 Page 90 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 • C. Geographic Segregation of Racial Groups The Racial Dot Map from the Weldon Cooper Center for Public Service at the University of Virginia provides an accessible visualization of geographic distribution,population density,and racial diversity of the American people in every neighborhood in the entire country. The map displays dots, one for each person residing in the United States at the location where they were counted during the 2010 Census. Each dot is color-coded by the individual's race and ethnicity. The following five racial categories are represented by the dots:non-Hispanic White,non- Hispanic Black, non-Hispanic Asian, Hispanic or Latino, and a category for all other racial categories including the multiracial identifications.The sum of all five categories equals the total population. The data displayed on the map is from the U.S. Census Bureau's 2010 Summary File 1 dataset made publicly available through the National Historical Geographic Information System. The data is based on the "census block,"the smallest area of geography for which data is collected (roughly equivalent to a city block in an urban area). The map below demonstrates a diverse representation of races and ethnicities throughout Miami-Dade County, as well as the significant level of segregation. In Miami Beach, the Blacic,population has remained under 3.6%since 1980. The Black population in Miami-Dade County is 15.8%,with a significant presence immediately west of:::::9.‘:..,,i7B.e:arti;lii. The map further demonstrates the concentration of Hispanic and Non-Hispanic Wesidets in Miami Beach. L7:1r Fi�-.ti-7,'I -.'f,':.'; dC',^` ,,,"'.�f . z:l,!.. :::.')..' iE' ;.re1... iisii,�,t:si .� 14, ESL :••r - •i �cr.x:_�:.,.,.. •r-.-t.F,.�.,......`,'21tir.�,tii. " •E�.•: .c; •.'['••1- is-�� [<,;.•;:;.:.: f :r !9-•r',' .�.-� ;(~.=!.' �d��""rF •3s•'r i Y l i :' i-, - `.-• ..ANLL �r•-i -n LL tT: .- SrV.. .a +,•+:.�J)r' '� it.a%;,;Ts.,+VsF�' .41.• "Y y! -:- - + r. ?,r.1,-;;..-;.:" ':.':::j F; " tom. • ;'"f=",.J .c;f�`E.: '. :•i::«::': - i >, ' :Tic;• 4';:44 -1.: r,••, 1�. �:�''" :. .5.. o �,•..:] `� �'.` e 2010 Census Block Data 4tI.; _ ;;r'••.n re L ';( !Dot=1Person j ;Law I 0 White r?t.� l;-l,:.f� -.' ^,•,,.'E'2:"..4',-,- ��'17�y�.'p[�;+ 'i;;_ mss. L,Y�� t., ., �=i::'.. qty:� r, 15, ' ,• i- jl '3 Black ' ,'t C ;'�'' i I I.'"-4';7',1-•,, ,,r '�_.ig 74.1.. i y •Asian r iii%'4_ >;: L.: ;..:_.:. 0 h,: � �.:..j� ;- ,l ',..;:1-- 11, ;� .. 3 � r� • �'�;,•iF� Hispanic • N.':!';':17.-';',M_�.• '3.-.7 : .;:_ti'J, .,: • Otre.rue!".m.e , :.4; j.•tt.*moi': :v �'.-1�� •q 11^• t:'] `+x.-J--7 u,u,�.,n/�yu�.r.,.:d r-li•r..-..::7;', ;:,)-. •1•;fi___�_•f .•t''',:::129J1 i ..- `•t Whot an,I took,na at...? 11 Page 91 of 865 Docuslgn Envelope ID:G2761567-DC13-4D1 F-9B8E-CF0A1 B844850 The Anti-Discrimination Center,a not-for-profit civil rights organization,released another mapping tool illustrating areas of racial and ethnic group concentration and absences on May 3, 2018. The maps rely on Census Bureau tabulations of the 2012 to 2016 American Community Survey(ACS) and the 2010 Decennial Census, both available at www.cens.us.gov. Note: The ACS is subject to some sampling error because it is a sample. The color that is coded for the level of geography selected corresponds to the group that makes up the largest percentage within that geography. The stronger a group's domination of a geography,the more vivid the color on the map. As shown in the map below, there are many pronounced areas of racial/ethnic domination throughout Miami-Dade County. The color coding of Miami Beach further demonstrates the segregation of Hispanic and Non-Hispanic White residents in Miami-Beach, as well as the Black demographic representation being significantly less than that of the county. _ . .. _-_. , , _ _ l-a- ��ii�� , Beach %of Total Population X th MiaMI•z - �; • `. 2C% 4O% 50°;, 50% - - , 304 } t 7 Hispanic or Latino . . •_ . . _ ) ! li -.'- t•.11Ge(non-Hispanic or Laam) '_, L"�� .. .�L ( B:aCK(non•Hspafdc or Latino) f:= 01.- j ?t .. Asan(non•H6panlc o:Latin) •• ""_ ✓ .J- .= ::•. _., q�17-tI _ 1,.,UT/t t�h it -.y., 4 �J• J♦♦Jr 1 ' 1 ( �F.¢ )r\ +( i `�� Crook ;2 4 jiii:::'5f7iti—i'l:11 ,•I, I VIIIApe 1 II * 4. .IYJIafTllh w . ` _. ; �SprinsgS �0. � -s�,� �, -_ - .IM•ml �l t.„...4-4-.;: - .. t yg - . i I't u j .) a AV _ w -4 ` ` i.— ' Mak i:. , - , • i c «} i .. F' Sr' 't`�`: �` Fisher 12 Page 92 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 • • D. Income According to the 2013-2017 American Community Survey 5-Year Estimates,11 the City of Miami Beach's median household income is $50,193. Also, the prevalence of families with related children whose incomes were below the census-defined poverty level was estimated to be 16.1%of the population. Percentage of Miami Beach Families Within Income Ranges 30.00% - - • • • • • 27.10% 2.5.00% 23.20% • 21.70% 20.00% 19.20% 15.00% • • • 10.00% 9AO% • .. . - . • 5.00% 0.00% • -• . • ..•• less than$15,000 $15,000-34,999 $35,000-74,999 $75,000-149,000 $150,000 or more • Each year, HUD updates its income limits for various Metropolitan Statistical Areas around the United States and these income limits are one of the factors used to determine the eligibility of applicants to HUD housing programs within subject areas. HUD assigns the following names to designate the income limits of families (by family size) according to the percentage of Area Median Income (AMI)that the household earns: • Extremely Low Income:<30%of AMI • Very Low:<50%of AMI • • • Low:<80%ofAMl • Moderate: between 80%and 120%of AMI • E. Employment The City of-Miami Beach's employed population 16 years and older is engaged in a variety of occupations: • • u https://data.census.gov/cedsci/table?d=ACS%205- Year%20Estimate5%20Data%20Profiles&table=DP03&tid=ACSDP5Y2017.DP03&e=1600000051245025&IastDisolav edRow=33&hidePreview=true&r= 13 Page 93 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 8844850 City of Miami Beach Civilian employed population 16 years and over (2013-2017 American Community Survey 5-Year Estimates) • Total 52,787 Agriculture,forestry,fishing and hunting, and mining 128 Construction 2,528 Manufacturing. 1,240 Wholesale trade 1,905 Retail trade 4,756 Transportation and warehousing, and utilities 2,819 Information 1,629 Finance and insurance,and real estate and rental and leasing 5,679 Professional,scientific, and management, and administrative and waste 8,109 management services Educational services, and health care and social assistance 8,225 Arts, entertainment and recreation,and accommodation and food services 11,570 Other services, except public administration 3,207 • Public administration 992 Of the population 16 years of age or older, 4.3% were estimated to have been unemployed. According to the 2012 Census Survey of Business Owners,19,592 companies are operating in the City of Miami Beach. Of these businesses, 681 are in construction, 121 are in manufacturing,658 are in wholesale trade, 1,447 are in retail trade,and 572 are in transportation and warehousing.12 Company types in Miami Beach • 18000 -• - • . - .•- -.• .- - - -- • - 16,113 - 16000 - • 14000 -- .__ 12000 i.11..; 10000 , • 8000 - • - • - • - 6000 ..! 4000 681 . 658 1.447 572 2000 121 0 = 00 e e o c cJ``` a4�J`\c \e caa a\`c�a oho Ore Loo ao� o.. met ao�'Q u https://factfinder.census.gov/bkmk/table/1.0/en/5B0/2012/00CSA01/E600000US1208645025 14 • Page 94 of 865 Docusign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 Transportation Transportation moves people and creates the necessary connection that creates • economic opportunities.According to 2013-2017 American Communities Survey Estimates,13 53.9%of workers in the City of Miami Beach commute to work by driving alone. Only 9.5% use public transportation, excluding taxicabs. Motorized personal automobiles are the main mode of transportation into and within the City. Transportation into, out of, and throughout Miami- Dade County is primarily achieved through a well-developed network of roadway transportation corridors. Major highways traversing the County include the Florida Turnpike and Interstates 95, 195, 395, along.with approximately 20 Florida State Roads, several "expressways" and a grid • system of arterial surface streets. The City of Miami Beach is composed of arterials, collectors, and local streets. The City has two (2) major North-South arterial roadways, Collins Avenue (providing connectivity throughout the City's entirety) and Alton Road which provides access to the majority of the City. Other major arterials include four(4) East-West roadways within the City and are a continuity of the four causeways that connect the City to the mainland.These roadways are SR A1A/5a'Street, Dade Boulevard,SR 112/Arthur Godfrey Road/W 41St Street, and SR 934/71St Street.The rest of the major roadways within the Miami Beach are collector roads.Most of them form a grid in the South Beach area, with Washington Avenue providing the most North-South connectivity and thus exhibiting large commercial activity around it.14 The state roads are aligned near the East and West edges of the City limits, primarily traveling North and South, as well as making connections •to the MacArthur Causeway (1-395), Julia Tuttle Causeway (1-195), and John F. Kennedy Causeway. The majority of the local roads reside within the interior of this state road loop.15 Miami-Dade Transit (MDT) is the fifteenth largest transit system in the United States with a service area that covers approximately 306 square miles. It is composed of 34 individual municipalities with an urbanized population of approximately 2.6 million people.The accessible, fully integrated system has four transportation modes: Metrobus, Metrorail, Metromover, and Paratransit. With 893 ADA-compliant buses and more than 100 routes travelling over 29 million miles per year, Metrobus connects with Metrorail and Metro Mover with seven routes operating 24 hours a day. The bus network provides service throughout Miami-Dade County 365 days a year, connecting to parts of southern Broward County to the north and Monroe County to the south:16 Currently, Miami-Dade Transit(MDT) provides, maintains,and operates 13 regional bus 13 https://data.census.gov/cedsci/table?d=ACS%205- Year%20Estimates%20Data%20Profiles&ta ble=DP03&tid=ACSDP5Y2017.DP03&g=1600000US1245025&IastDisplay edRow=33&hidePreview=true&q= 14 https://www.miamibeachfl.gov/wp-content/uploads/2018/07/Updated-Transportation-Master-Plan-Final- Report.pdf 15 httos://www.miamibeachfl.gov/wp-content/uploads/2018/07/Updated-Transportation-Master-Plan-Final- Report.pdf 16 http://www.miamidade.gov/transit/library/10_year_plan/2015-transit-dev-plan-fy-2014-2023/ch-2-mdt-tdp- exsiting-services-overview.pdf 15 Page 95 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 • routes that serve the City of Miami Beach trg6EACH 2 TROLLEY ;;. across the four causeways from the °`r�v;ii . -Al-. ,; mainland,and one local circulator. The City t9` : tea, of Miami Beach has a network of city-wide ,E , u; °• l•` i:-• transit circulators as a compliment to the . y, -p': is cam . . - • regional service provided by MDT, along „ ,. -LEGEND- W with access to "Park and Rider' locations. — 0.-4."-- The Miami Beach Trolley system is a free, -°M:- -: citywide, interconnected, transit system _--o=--. that provides a transportation alternative _Two_ I -v and connection to regional transit routes. ` :0 It L 1-1 --„ • Free of cost to users,the trolleys run seven =�.1tp_ -1 days a week, with some trolleys arriving as '"`�©' • a; frequently as every 15 minutes. All Trolleys «.• - are accessible to riders using wheelchairs .;:.;tip, \__...: and are ADA Compliant. The City of Miami , , Beach Disability Access Committee reviews, formulates, and coordinates ,, . information regarding programs for I� i Y iij �,;:• persons with disabilities. Disability-related / ; ':,:i..-...1.'•v ,t: •;: • complaints are received by the City's ADA ' Coordinator. • The City of Miami Beach prohibits discrimination in its programs,services,and activities. The City has established a procedure for filing discrimination complaints with the City's Title J VI/Nondiscrimination Coordinator. 17 The Paratransit division's Special Transportation Service (STS) is the County's complimentary service for the disabled per the requirements of the Americans with Disabilities Act (ADA). STS is a shared-ride service used through most of urbanized Miami-Dade County, Monroe County, and some parts of southern Broward County without restrictions or priorities based on trip purposes. All Miami-Dade senior citizens aged 65 years and older with Social Security benefits ride free with a Golden Passport pass. Veterans residing in Miami-Dade and earning less than $22,000 annually ride free with the Patriot Passport transit pass. The public transportation system favorably affects mobility throughout the County, especially for low- income persons,enhancing fair housing choice. 17 http://www.mbrisingabove.com/getting-around/miami-beach-trolley/ https://www.miamibeachfl.gov/citv-hall/transportation/trollev/customer-rights/ 16 Page 96 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 Ill. Housing Profile A. Housing Stock&Tenure The City of Miami Beach is a developed urban area,with very little vacant, buildable land available for residential development.According to the 2013-2017 American Community Survey estimates,the City's housing inventory increased by 7,830 units since 2000.18 City of Miami Beach Housing Inventory 2013-2017 American Community Survey 5-Year Estimates • Total housing units 70,628 • 1-unit,detached 6,473 1-unit,attached 1,044 2 units 459 3 or 4 units 4,036 5 to 9 units 4,808 10 to 19 units 9,311 20 or more units 44,321 Mobile home 176 ' Boat,RV,van,etc. 0 According to 2013-2017 American Community Survey 5-Year Estimates, 44,475 (63%) of the City's housing units are occupied. The occupied units are composed of 16,621 (37.4%)owner units and 27,854(62.6%) renter units. There,are currently 26,153 vacant units in the City with an overall vacancy rate of 37%.19 These vacancies may become occupied and help to satisfy some of the housing demand, but they may also become sold or rented without being consistently occupied.20 They may fill a number of functions, possibly being held for seasonal, recreational, or workforce housing, and thus remaining unavailable to the general population, which would continue to put a strain on the lack of housing stock.21 In terms of fair housing and housing choice smaller number of available units means fewer options for home-seekers and could lead to housing providers being more selective. la https://data.census.gov/cedsci/table?d=ACS%205- Year%20Estimates%20Data%20Profiles&table=DP04&tid=ACSDP5Y2017.DP04&g=1600000US1245025&lastDisplay edRow=27&hidePreview=true&q= • 19 https://data.census.g_ov/cedsci/table?d=ACS%205- Yea r%20Estimates%20Data%20Profiles&table=DP04&tid=AC5DP5Y2017.DP048&g=1600000US1245025&lastDisplay edRow=27&hidePreview=true&q= 20 https://www.huduser.gov/portal/publications/pdf/MiamiFL comp 12.pdf 21 https://www.huduser.gov/portal/publications/pdf/MiamiFL comp 12.pdf • • 17 Page 97 of 865 DocuSign Envelope ID:C2761567-DC13-401F-9B8E-CFOA18844850 Miami Beach Housing Unit Vacancy and Occupancy Status,2013-201722 For For Rented or Seasonal, For Migrant Other Total Total Total Rent Sale Sold, Not Recreational Workers Vacant Vacant Occupied Units Only Occupied or Occasional Use 1745 620 672 18072 0 5044 26153 44475 70628 The median property value in Miami Beach, FL was$416,700 in 2017,which is 1.91 times the national average of$217,600. Between 2016 and 2017,the median property value increased from$398,600 to$416,700,a 4.54%increase.The homeownership rate in Miami Beach is 37.4%, lower than the national average of 63.9%.23 Miami Beach Homeownership Rate(%), 1990 through 2013-201724 1990 2000 2010 2013-2017 28 37 39 37 As a result of the strong homeownership market,low-to moderate-income households are more likely to be renters and also, face,housing options with smaller units and fewer bedrooms (Shimberg Center at the University of Florida). Sea-level rise presents another constraint on the Miami Beach housing stock. According to a report from USA Today, Miami Beach faces the following challenges regarding sea-level rise25: • Population with homes at risk of flooding in 2060:39,547 (30.2%) • Population with homes at risk of flooding in 2100:97,375 (74.5%) • Habitable land that will be underwater by 2060:58.5% • Habitable land that will be underwater by 2100:94.1% • Current property value at risk in 2060:$19.3 billion Again, with a dwindling housing stock, home-seekers are faced with having fewer options, thus housing providers can be increasingly selective. ' The growing usage of short-term rentals like Airbnb has also decreased the Miami Beach housing stock. The New York Times reported that the Miami Beach Commission has passed laws to suppress the prevalence of short-term rentals, but the rentals have persisted.26 Miami Beach . staff members went from 592 short-term rental investigations in the 2013-2014 fiscal year to 22 http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348 23 https://datausa.io/profile/geo/miami-beach-fl/ 24 http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348 25 https://www.usatoday.com/story/money/2019/06/18/climate-change-american-cities-that-will-soon-be-under- water/39533119/ 26 https://www.nytimes.com/2019/03/09/travel/airbnb-miami-beach-war.html 18 Page 98 of 865 Docusign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 • • 1,737 investigations in 2017-2018.27 These rentals are providing housing for visitors that may otherwise have been available to full-time residents, further reducing the options that full-time residents have. B. Housing Cost and Affordability The general definition of housing affordability is the capacity of households to consume housing services and the relationship between household incomes and prevailing housing prices and rents. The standard administered by the Department of Housing and Urban Development and most state agencies is that households should spend no more than 30%.of their income on • housing costs. Owner and renter households paying excess of 30% of their income on housing costs are considered "cost burdened." While cost burden in and ofitself is a difficult challenge to overcome,the nature of our diverse •population including its preponderance of immigrants, makes these challenges that much more difficult to overcome.As stated in an Urban institute report issued in March 201728: "In addition to the cultural and language barriers,tens of thousands of immigrants who come to [the metro area] each year are extremely low income, resulting in overcrowding in many housing units. Consequently, affordable housing for LMI households in [the metro area] has to be considered within the context of language barriers, cultural sensitivities, as the limited resources new immigrants have when they arrive.These factors have important implicationsfor equal access to housing information,gentrification and displacement,as well as how Miami funds for affordable housing are used to assist diverse and resource-constrained populations." Please be reminded that the City's Comprehensive Plan established a goal of creating 6,800 affordable housing units and has only achieved the creation of less than 5,000 units as of this writing (City's Comprehensive Plan): According to the City's most recent Consolidated Plan, the most common housing problems in Miami Beach include: • Affordability(cost burden); • • Availability(vacancy); and • Size (to accommodate growing households) To bring the crux of our community's housing needs to the fore, it should be noted that 13,137 households or roughly 49.6% of all households paying rent are spending at least 35% of their household income on housing costs(Source:American Community Survey,2016).This cost burden to maintain housing undermines a household's ability to save fora home,acquire suitable 'insurancecoverage, obtain higher education and provide economic stability, among other milestones. • 27 https://www.nytimes,com/2019/03/09/travel/airbnb-miami-beach-war.html 28 https://www.urban.org/sites/default/files/publication/89311/miami lmi 0.pdf • 19 Page 99 of 865 Docuslgn Envelope ID:02761567-DC13-4D1F-9B8E-CF0A1B844850 Miami Beach Households,Cost Burden by Income,201629 Amount of Income Paid for Housing Household Income 30%or 30.1- More than less 50% 50% 30%AMI or less 1677 1164 6012 30.1-50%AMI 1239 2244 4092 50.1-80%AMI 1701 4062 1884 80.1-120%AM 7771 2976 1498 more than 120% 12576 1441 379 AMI Miami Beach Renter Households,Cost Burden by Income,201630 Amount of Income Paid for Housing Household Income 30%or 30.1- More than • less 50% 50% 30%AMI or less 1513 640 4582 30.1-50%AMI 734 1629 2792 50.1-80%AMI 1024 3452 1066 80.1-120%AM 5069 1742 335 • more than 120% 5734 389 •44 AM I Miami Beach Owner-Occupied Households,Cost Burden by Income,201631 Amount of Income Paid for Housing Household Income 30%or 30.1- More than less 50% 50% 30%AMI or less 164 524 1430 • 30.1-50%AMI 505 615 1300 50.1-80%AM! 677 610 818 80.1-120%AM 2702 1234 1163 more than 120% 6842 1052 335 AMI It should also be noted that according to the 2016 American Community Survey, 56% of all housing units in the City have three or fewer rooms and 86%of all housing units in the City have two or fewer bedrooms. • 29 http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348 3°http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348 31 http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348 20 Page 100 of 865 uocuBign tnvelope ID:D27615 51-DC13-401 F-9138E-CF0A1 B844850 Fair Housing Implication(s): The City's extensive need for increased affordable housing opportunities opens the door for landlords to be more selective, which can lead to more discriminatory housing practices. Individuals and families have fewer options when searching for a place to live, as a result of both a smaller housing stock and discrimination. Publicly funded or subsidized housing opportunities must be affirmatively marketed to ensure availability to residents of all communities. C. Public Housing&Assisted Housing The Housing Authority of the City of Miami Beach (HACMB)'s mission is to provide those in need with quality affordable housing in economically mixed settings while promoting resident self-sufficiency and fostering strong neighborhoods. HACMB's Board of Commissioners establish operating policies,ensure that policies are followed, and adherence to its mission. HACMB owns and operates the following housing developments: Rebecca Tower South is a thirteen-story elderly designated Public Housing building constructed in 1975 with 200 units(120 efficiencies and 72 one-bedrooms,and 8 two-bedrooms). Under this program, U.S. HUD provides rental subsidies to eligible tenants 62 years of age or older.Residents pay approximately:30 percent of their adjusted income,calculated in accordance with U.S.HUD regulations,while U.S. HUD pays the remaining portion of the established contract rent. Rebecca Tower North is a thirteen-story-elderly designated Section 8 New Construction building constructed in 1979 with 200 units (120 efficiencies and 80 one-bedrooms). Under this program, U.S. HUD provides rental subsidies to income-eligible tenants 62 years of age or older. Residents pay approximately 30 percent of their adjusted income, calculated in accordance with U.S.HUD regulations,while U.S.HUD pays the remaining portion of the established contract rent_ • The Lois Apartments provides sixteen (16) units of quality affordable housing. The development, originally built in 1925, is located in the Ocean Beach Local Historic District and is an excellent example of Mediterranean Revival architecture. The Lois Apartments rehabilitation was completed in January 2013. The Steven E. Chaykin Apartments provides thirty units of quality affordable housing for elderly disabled persons. Built with HOME funds,the development offers a combination of Low HOME- and High HOME-rent units. The Low HOME rent limit for an area is 30 percent of the annual income of a family whose income equals 50 percent of the area median income,adjusted for bedroom size. High HOME rents are the lesser of the HUD published fair market rent (FMR) or a rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area as determined by HUD,adjusted for bedroom size. In addition,the Low HOME rent limit cannot exceed the High HOME rent limit. 21 Page 101 of 865 • uocuJign envelope lu:ut Iblabi-Ul;l"J-4U1r- tStft-GFUA1t38448bU The Leonard Turkel Residences provides twenty-one (21) units of quality affordable housing for elderly persons. The project is HOME-funded,as such twenty percent of the HOME- assisted units are occupied by families whose annual incomes do not exceed 50 percent of the median family income for the area;and the balance of HOME-assisted units must be occupied by families whose annual incomes do not exceed 60.percent of the median family income for the area. The Henderson Court provides five units of quality affordable housing for the elderly. The development is owned by HACMB and its units are made available to Section 8 voucher holders. • 211 Collins Avenue is also owned by HACMB and is made available to Section 8 voucher holders. Voucher Programs HACMB administers the Section 8 program for the jurisdiction defined as "Miami-Dade County, Florida, inside the incorporated cities of Surfside, North Bay Village, North Miami, North Miami Beach, Opa Locka, Miami, El Portal, Miami Lakes, Miami Shores, Hialeah Gardens, Miami Gardens, Coral Gables, Key Biscayne, Miami Springs, Bal Harbor, Bay Harbor islands, Sunny Isles Beach, and Aventura, as well as any other area physically within ten miles of the City of Miami Beach, not including the City of Hialeah or areas that fall within Broward County." HACMB's Section 8 program includes the Housing Choice Voucher(HCV), Project-Based Voucher, Housing Choice Voucher-funded Homeownership Programs,Veterans Affairs Supportive Housing(VASH), Mod-Rehabilitation Program, Single Rental Occupancy (SRO), and Miami-Dade Homeless Trust Moving Up Program. HCV is a tenant-based rental assistance program under which an eligible program household pays 30 percent of his or her monthly adjusted income toward the rent,and U.S.HUD pays the remainder. In the HCV Program, a participant is given a voucher and allowed to look for housing in the private rental market anywhere within HACMB's jurisdiction,which covers Miami Beach and extends ten miles outside the city. HACMB currently administers 3,412 vouchers in the HCV Program. The Section 8 Project-Based Voucher Program is a project-based rental assistance program under which an eligible program participant pays 30 percent of his or her monthly adjusted income toward the rent, and U.S. HUD pays the remainder. In the Project-Based Program, a participant may rent a unit in specified buildings located in Miami Beach.The rents for project-based units are pre-designated by contract. The Section 8 Substantial Rehabilitation program is a project-based rental assistance program under which an eligible program participant pays 30 percent of his or her monthly adjusted income toward the rent, and U.S. HUD pays.the remainder. The HACMB serves as the contract administrator for the buildings. In the Substantial Rehabilitation Program, a participant may rent a unit in specified buildings located in Miami Beach. 22 Page 102 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-988E-CF0A1 B844850 Fair Housing and Equal Opportunity HACMB's most recent Administrative Plan for Section 8 was adopted by its Commission on December 11, 2018. Chapter 2 of the Plan describes HACMB's policies related to fair housing and equal opportunity,prohibiting discrimination on the basis of race,color,sex,religion,familial status, age, disability, national origin, marital status, gender identity, sexual orientation (actual or perceived), in addition to victims of domestic violence, dating violence, sexual,assault or stalking as protected classes of persons. Further detailed are policies relating to persons with disabilities and limited English proficiency. The Plan contains a written statement regarding its compliance with the appropriate civil rights-related program requirements,including Title VI of the Civil Rights Act of 1964,Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988),Executive Order 11063,Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975,Title II of the Americans with Disabilities Act(to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern), Violence Against Women Reauthorization Act of 2005 (VAWA), and the Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule. • The PHA takes steps to ensure that families and owners are fully aware of all applicable civil rights laws. As part of the briefing process, the PHA must provide information to HCV applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing Assistance Payments (HAP) contract informs owners of the requirement not to discriminate against any person because of race,color,religion, sex, national origin, age,familial status, or disability in connection with the contract. HACMB is required to provide applicants/participants with information about how to file a discrimination complaint in accordance with 24 CFR 982.304. HACMB's policy provides for receipt of complaints of housing discrimination orally or in writing. HACMB attempts to remedy discrimination complaints made against it and provides a copy of a discrimination complaint form to the complainant. The complainant is also provided with information on how to complete and submit the form to HUD's Office of Fair Housing and Equal Opportunity(FHEO). Persons with Disabilities Posters and signage regarding the policies for reasonable accommodations and modifications are made available in locations throughout HACMB's office. The policy further provides examples of reasonable accommodations and outlines the process for handling requests, including verification of disability and approval/denial of requests. HACMB's intake application provides the following statement: "If you or anyone, in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services,please contact HACMB Section 8 Department." 23 Page 103 of 865 DocuSign Envelope ID:C2761567-DC13-401 F-9B8E-CF0A1 B844850 The needs of persons with hearing impairments is met through the use of TTD/TTY (telephone display/teletype) communication. To meet the needs of persons with vision impairments, large-print and audio versions of key program documents are provided upon request. Alternative forms of communication are also provided, such as sign language interpretation or third-party representative (a friend, relative or advocate, named by the applicant) to receive, interpret and explain housing materials and be present at all meetings. HACMB's policies also require take affirmative steps to communicate with people who need services or information in a language other than English. HACMB generally ensures that the family is offered through other sources, competent oral interpretation services free of charge to limited English proficiency (LEP) persons. Where feasible, HACMB trains and hires bilingual staff to be available to act as interpreters and translators, shall pool resources with other PHA's, and shall standardize documents. Where feasible and possible, HACMB will encourage the use of qualified community volunteers. Where LEP persons desire,they are permitted to use,at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by HACMB. The interpreter may be a family member or friend. HACMB provides written translations of vital documents for each applicable, eligible LEP language group.Translation of other documents, if needed,are provided orally. HACMB's Public Housing Admissions and Continued Occupancy Policy (ACOP) was adopted by its Commission on March 10, 2009 and made effective April 1, 2009. HACMB's Fair Housing and Equal Housing Opportunity policies embodied in Chapter 2 of its ACOP. The policy expressly required affirmative steps to be taken make certain that families are aware of all applicable fair housing and civil rights laws by incorporating the information into the orientation process. The policy is comprehensive and provides for nondiscrimination in its programs,policies related to persons with disabilities, procedures for processing reasonable accommodation requests, and program accessibility for persons with mobility, hearing, or visual impairments. The policy also provides for ensuring access to services for LEP persons (persons with limited English proficiency). Procedures for the filing of complaints with HACMB and/or US HUD's Office .of Fair Housing& Equal Opportunity are also outlined in the policy. Fair Housing Implication(s): Compliance of the PHA with 504, Title VI, and other Civil Rights Related Program Requirements is an active, ongoing requirement. D. Housing Programs The Miami Beach Code of Ordinances, Chapter 58 (Housing), Article II, creates and establishes the City's local housing assistance program, trust fund, partnership, and Affordable Housing Advisory Committee. The intent of the local housing assistance program is to increase the availability of affordable housing units by combining local resources and cost-saving measures into a local housing 24 Page 104 of 865 Docuslgn Envelope ID:02761567-DC13-4D1F-9B8E-CF0A1B844850 partnership and using private and public funds to reduce the cost of housing and promote leveraging of public and private funds to provide affordable housing to eligible persons. The Housing and Community Development Division of the City shall be responsible for implementation of the Local Housing Assistance Program. The trust fund is established with a qualified depository. All moneys received from the state pursuant to the State Housing Initiative Partnership Act and any other funds received or budgeted to provide funding for the Local Housing Assistance Program are deposited into the Local Housing Assistance Trust Fund. The local housing partnership utilizes funds received from the state pursuant to the State Housing Initiative Partnership Act to implement the Local Housing Assistance Program. The partnership includes, but is not limited to, city representatives, community-based organizations, for-profit housing developers, lending institutions, providers of professional services relating to affordable housing and service organizations working on behalf of persons with special housing needs and homebuilders.The partnership shall assist in the implementation of the local housing assistance program. • The Affordable Housing Advisory Committee consists of members appointed by resolution of the City Commission. The Committee reviews established policies and procedures,ordinances, land development regulations and adopted local comprehensive plan of the City and recommends specific initiatives to encourage or facilitate affordable housing, while protecting the property's ability to appreciate. The City meets monthly with the Affordable Housing Advisory Committee to evaluate the past and ongoing performance of activities and agencies funded by the City as well as identify and assess evolving community needs.The activities funded by the City benefit low-and moderate-income individuals,households and neighborhoods with a variety of services including delivered food to address food insecurity among elderly residents, rent and utility assistance to prevent homelessness, and programming for youth and elderly persons. The City pursues and utilizes state and federal funds to assist in creating and/or preserving housing affordable to very low- to moderate-income households and for special need populations, including State Housing Initiatives Partnership(SHIP),CDBG, and HOME funds. The City cooperates with affordable housing developers' efforts to leverage Miami-Dade County Surtax funds and other financial incentives for the provision of affordable housing. The City has worked to market its.First-Time Homebuyer Program funded with SHIP and HOME funds to build its affordable rental housing stock to meet the needs of area workers, elder residents who have left the workforce,and entry-level workers in our area workforce who make low wages and may have to commute far distances to maintain their employment. Fair Housing Implication(s): The receipt of CDBG and other housing related federal funding from U.S. HUD requires compliance with fair housing, civil rights related program requirements, affirmative fair housing marketing, and accessibility. 25 Page 105 of 865 uocuslgn Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 8844850 • E. Planning&Zoning/Building Codes/Accessibility Due to the built-out conditions within Miami Beach,the City emphasizes policies designed to preserve and/or rehabilitate existing housing. The City maintains a minimum of 40%of its land area that is designated so as to permit residential uses(excluding rights-of-way) and 25% of the City's total land area (excluding rights-of-way) as areas in which land use policies are either designed to encourage, or mitigated to allow for, housing affordable to very low-to moderate- income families. To ensure adequate sites for group homes and other congregate living facilities, the City maintains a minimum of 20% of the City's total land area designated so as to permit "community residential homes" licensed or funded by the Florida Department of Children and Families and assisted living facilities for the elderly and other special need populations. The Miami Beach Code of Ordinances, Chapter 58 (Housing), addresses affordable housing,fair housing,group homes,community residential homes,inclusionary zoning practices, and bonus densities for affordable housing. The City mitigates zoning regulations, such as reduced parking requirements or shared parking in the case of a mixed-use building,that impede housing affordability'for very low- to moderate-income families in all zoning districts which permit multifamily housing. The City Code contains policies intended to facilitate development of affordable housing for low- and/or moderate-income elderly persons. The initial regulations adopted in 2008 reduced the parking requirements and the minimum average unit size for projects in new and rehabilitated buildings in order to make such projects more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained specific definitions and mandatory criteria for such qualifying projects. In 2017,the Code was further modified to extend these policies to affordable housing projects certified for low- and/or moderate-income nonelderly persons.The minimum unit size was set at 400 square feet for rehabilitated buildings and 550 square feet for new construction. In order to further facilitate the construction of affordable housing,ordinance 2017-4148 reduces the minimum and average unit size to 400 square feet across all zoning districts within the City where multifamily residential units are allowed. Parking requirements are also reduced • from 0.5 spaces per unit to 0 for elderly housing,and from 1 space per unit to 0.5 for low-and/or moderate income non-elderly persons.The number of on-site affordable housing units within an existing building is allowed to be increased, both within an existing building and within any new construction on site, with no additional parking requirements. The resident workforce is leaving the City in search of affordable housing and new employees are being deterred by the high cost of living. In order to address the critical shortage of affordable and workforce housing, the City's Code provides for the creation of workforce housing. The construction of workforce housing is intended to: (1) allow households with incomes at or below 140% of the area-wide median income to have greater housing choices in the City;(2)increase the availability of housing in the City for public employees and other workers whose income cannot support the high cost of housing that is located close to their workplace 26 Page 106 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 and who, as a result, are increasingly priced out of housing opportunities; (3) assist City employers in reducing critical labor shortages of skilled and semi- skilled workers by providing housing that will be accessible to the workers' workplaces; and (4) reduce traffic congestion by shortening commute distances for employees who work in the City but who otherwise would live elsewhere and encouraging more employees to live in the City rather than commute. The Code also reduces the parking requirements for workforce housing units. Further, it allows workforce housing units to be established on a site with an existing building without providing parking for the existing or additional units. The City's Land Development Regulations and housing activities are administered in accordance with Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, the Florida Fair Housing Act;Chapter 760 F.S., and Section 62-88 of the City.of Miami Beach Code of Ordinances. In an effortto provide more affordable housing,non-traditional housing options are being considered. In 2019, the City's Land Use and Development Committee recommended, and the City Commission later approved,the rental of accessory dwelling units (ADUs) or"granny flats." ADUs are additional housing units on a residential property that are either attached to or detached from that property's main building. Micro housing units and co-living arrangements are also being contemplated. The Planning Department, which includes zoning review, streamlines the housing approval and permitting process in coordination with the Building Department through the expedited processing of permits for affordable housing projects. This incentive gives priority to designated affordable housing projects when scheduling pre-design conferences withall relevant agencies. Priority is given to the plans once they are ready for permitting. For metropolitan jurisdictions, serious consideration should be given to ways they can participate in cooperative, inter-jurisdictional planning for construction of assisted housing. Local government policies that, for example, limit or exclude housing facilities for persons with disabilities or homeless people from certain residential areas may violate the provisions of the Fair Housing Act by directly or, indirectly limiting the housing opportunities of persons with _disabilities and minorities. Building codes which require certain amenities or setbacks also affect the feasibility of providing low-and moderate-income housing development. Fair Housing Implication(s):NIMBYism(Not in My Back Yard) Even When other governmental zoning policies are permissive, neighborhood residents often resist placement of certain types of housing in their area and care must be taken to ensure that such limitations do not disproportionately impact the housing choices of people from protected classes. The development of new housing without parking units is also being taken into consideration. People with cars will be less likely to feel able or welcome to live in places where they do not have parking guaranteed, so the creation of parking-free residential 27 Page 107 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 developments will reduce the housing options for these people. Furthermore,prohibiting parking solely for affordable housing developments could result in fair housing claims by those affected. Accessibility New dwelling units having all the living space on one floor and forming part of multi-family buildings comprised of four or more units, whether apartments, condominium or townhouses, must be accessible and must meet the following minimum requirements in accordance with the regulations of the Fair Housing Act which is part of the Florida Building Code, Chapter 11: o At least one accessible building entrance on an accessible route o Accessible and usable public and common use areas o All doors designed to allow passage by wheelchair users o Accessible route into and through the dwelling unit o Light switches, electrical outlets,thermostats,and other environmental controls must be accessible o Bathroom walls must contain reinforcements in the walls to allow later installation of grab bars around toilets,tubs, shower stalls and seats o Kitchens and bathrooms must be accessible and contain adequate maneuvering space Miami Beach's Human Rights Ordinance32 makes several requirements for multifamily dwellings submitted for building permit on or after March 1, 1990,and first occupied after March 13, 1991. These buildings must be designed and constructed in such a manner where the public use and common use areas are readily accessible to and usable by handicapped persons. Further, all of the doors must be sufficiently wide to allow passage by persons in wheelchairs, and the following adaptive design features must be present throughout the premises: 1. An accessible route into and throughout the dwelling; 2. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations; 3. Reinforcements in the bathroom walls to allow later installation of grab bars; and 4. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. F. Homeless Needs The Miami-Dade County Homeless Trust(Trust)serves as the lead agency for the Miami- Dade County Continuum of Care (CoC) which is governed by the Miami-Dade County Homeless Trust Board,comprised of broad-based membership which includes representation from the City. • 32(Ord.No.92-2824,§1(25A-7),12-2-92;Ord.No.2002-3343,§6,1-9-02;Ord.No.2016-4034,§1,9-27-16) 28 Page 108 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 Recommendations from sub-committees and Homeless Trust staff, as well as feedback from community meetings with providers, are utilized to guide policy development for the CoC. The Homeless Trust organizes and directs the Miami-Dade County Homeless Plan. The City of Miami Beach's Homeless Outreach Team provides homeless outreach, partially funded by the Trust, to those homeless in the City in accordance with the Trust's Outreach, Assessment and Placement model.The model provides a standardized procedure for homeless persons to access the Continuum of Care and ensures they access services appropriate to their individual needs. Miami Beach, like much of the country, has a significant number of homeless people. Unlike the rest of the country,the City has the shelter capacity to serve its population proactively. The City has been making gains in reducing its overall daily homeless population. While most major metropolitan cities face shelter.shortages and often turn homeless people away because of space constraints, the City of Miami Beach has had an average daily shelter vacancy rate of 7.409 beds. The City has access to up to 40 beds funded by the Miami-Dade County Homeless Trust and purchases an additional 52 beds from three shelters:The Salvation Army,Miami Rescue Mission and Camillus House. While the City does not control service provision for the Trust- . funded beds,the City requires shelters to provide care coordination services with City-purchased beds ensuring that clients are provided the tools and support to successfully transition to sustainable independence. The official count of the City's homeless population is measured through the annual Point- in-Time Homeless Census managed by the Miami-Dade County Homeless Trust and reported to the US Department of Housing and Urban Development. While a biannual census count is held, the winter(January)count is the one held as the formal, official homeless census.33 Point in Time Homeless Census Counts for Miami Beach Aug. 2009 232 Jan. 2012 173 Aug.2014 156 Jan.2017 133 Jan.2010 149 Aug.2012 186 Jan.2015 193 Aug.2017 143 Sept. 2010 196 Jan.2013 138 Aug.2015 196 Jan.2018 124 Jan.2011 177 Aug.2013 106 Jan.2016 156 Aug. 2018 183 June. 2011 218 Jan. 2014 '122 Aug. 2016 208 Jan. 2019 153 The City of Miami Beach has created a comprehensive homeless strategy that emphasizes personal accountability, intradepartmental collaboration and innovation that responds to our community's unique needs and assets.The City works alongside its partners,such as the Miami- Dade County Homeless Trust and the Continuum of Care providers,to align priorities and funding across the continuum for programs addressing the needs of Miami Beach residents experiencing or at-risk of homelessness. as http://www.homelesstrust.ore/library/ianuarv-homeless-census-results-and-comparison-2018-2019.pdf https://www.myflfamilies.com/service-progra ms/homelessness/docs/2019CouncilReport.pdf 29 Page 109 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 Historically,the City's goal has been to end homelessness.To achieve this,the homeless must transition into permanent housing and not return to the streets to panhandle or engage in illicit activity.The City's shelter beds,with an annual cost of$623,123,are available for use by people prepared to end their homelessness.These beds are located at three different shelters to ensure that the City can offer placements appropriate to the homeless person seeking help: • Camillus House for Single Men • • Miami Rescue Mission for Single Men • The Salvation Army for Single Men,Single Women, Families w/Children • • IV. HOUSING MARKET TRENDS A. Lending Disparity Profile,2014-2017 The Home Mortgage Disclosure Act (HMDA) requires that certain financial institutions (banks,savings associations, credit unions,and other mortgage lending institutions) make public a wide range of loan application data regarding loan approval decisions,borrower demographics, and property characteristics. , While HMDA is essential in understanding the mortgage climate, it should be noted that HMDA data does have its limitations. In particular, it does not take into consideration how the loan decisions were made. These and other issues must be taken into consideration when drawing conclusions about the findings. In order to access HMDA data for specific geographical areas for analysis, LendingPatternsT"34 software was utilized in the preparation of this document. LendingPatternsrM is a web-based data mining and exploration tool that analyzes millions of records for thousands.of lenders to produce reports on numerous aspects of mortgage lending in the United States. LendingPatternsTM allows the user to isolate a specific geographical area by census tract. The census tract locations for the HMDA data are based on the 2010 census and include all loans in the census tracts within the boundaries of Miami Beach. Miami Beach lending data for a period of four years(2013-201735)was obtained in order to identify disparities in home mortgage lending. The following types of loans are the focus of the analysis: • All lenders • Loan Amount:Conforming and Jumbo • Loan Status:Secured by First Lien 3°More information about LendingPatternsT"software is available at www.lendingpatterns.com. 352017 represents the latest available year for complete HMDA data available at the time this document was prepared. 30 Page 110 of 865 uocuaign tnvetope w:ut(Dion I-uUl3-4ulr-atsot-LI-UA1I3 1442 bU • • Loan purpose: Home Purchase and Refinancing loans • Property Type: 1-4 Unit Family • Loan Type: Conventional, FHA and VA loans ' • Occupancy Type:Owner Occupied and Non-Owner Occupied • Spread: Reported and Not Reported Over the four years from 2014 to 2017, Non-Hispanic White applicants consistently submitted the highest numbers of applications,followed by Hispanic applicants. Loan Origination Volume by Race-City of Miami Beach 2014-2017 800 749 693 -• ( 696 700 ". — 610 N White 600 II Black 500 R Hispanic 405 978 400 344 x 367 a Asian . is Native American 300 _ " ■Hawaiian E IL .., . ,.., .. r -- I.1 Multi Race 200 ill tzt0 Unk/NA 100 id 32 .... 0- c 0 -:` 3 30 . 3 0 ' 2014 2015 2016 2017 . • 31 Page 111 of 865 uocusign tnvelope ID:C2/61567-DC13-4D1F-9B8E-CF0A1B844850 Origination Rate by Race-Miami Beach 2014-2017 60.00% - 56.10% twwr 53 5 °5 53.57% R-;_ 50.25% 50.00% 43.49°rra _ 45.45%-l'i 45.46% 44.70°/ 50° 0 E - _ 41.95%- 4 .23% 4- /moi �•• _r g, x:� • i . 71..F4 g>Ft ii White w s'NJ a Black 30.00% •• ;,+,,: 4 °f '' 444 - i : Y y n Hispanic C 20.00% ' ,* r=• - l ❑Asian 10.00% - ! i _ -, *;-; y 0.00% 1:1,e; t:. :r 2014 2015 2016 2017 Denial Rate by Race-Miami Beach 2014-2017 : DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 Percent of All Loans Originated by Race 2014-2017 Chart Title • 60.00% . - • 50.88% 49.31% 49.36% 48.41% 50.00% z. - - 40.00% - !Jr,•' 29.12% 30.00% 25.26% 26.66% r-:1 •26.80% ,•Y 20.56% • 19.82% 5, 19.43% •• 20,00% • °- ,�< 18.47% T� Y. .75 i� 10.00% ._ by • 149°o v.69$ �Q.51° 1.97° x`1.91^ 2.13 I 1.25 2014 2015 2016 2017 E3 White ■Black 8 Hispanic 0 Asian B Unk/NA in 2014, there were a total of 2,822 lean applications. Of all the loan applications, 1,362 or 48.26.% were originated and.786 or 27.85% were denied. With respect to loan decisions by race and ethnicity,Asian applicants have the highest origination rate at 56.10%, however they represent only 1.45%of all loan applications and 1.69%of all loans originated.White applicants represent the largest volume of applications at 51.63%of all applications. Whites also represent 50.88% of all loans originated,with an origination rate of 47.56% (by race/ethnicity). When the • numbers are analyzed individually by race and ethnicity, White (47.56%) and Asian (56.10%) applicants had a greater chance to have a loan originated than Black (42.50%) and Hispanic (43.49%). White(28.21%), Hispanic(29.84%),and Asian (31.71%) applicants were also less likely to be denied a loan (by race/ethnicity)than Black(42.50%),applicants. All Loans 2014 .Originations Denials Total Race # % # % Applications White 693 47.56 411 28.21 1,457 Black 17 42.50 17 42.50 40 Hispanic 344 43.49 ( 236 29.84 791 Asian 23 56.10 13 31.71 41 Native American 2 1 40.00 1 20.00 5 Hawaiian 1 ( 33.33 2 66.67 3 • MuitiRace 2 ( 66.67 1 33.33_ 3 Unk/NA 280 58.09 1 105 21.78 482 Totals 1,362 48.26 786 27.85 2,822 33 Page 113 of 865 • DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 In 2015,there were a total of 3,162 loan applications. Of all the loan applications,1,519 or 48.04% were originated and 855 or 27.04% were denied. With respect to loan decisions by race and ethnicity,Asian applicants have the highest origination rate at 53.57%, however represent only 1.77%of all loan applications and 1.97%of all loans originated.White applicants represent the largest volume of applications at 48.39% of all applications. Whites also represent 49.31%of all loans originated,with an origination rate of 48.95%(by race/ethnicity). When the numbers are analyzed individually by race and ethnicity, White (48.95%) and Asian (53.57%) applicants had a greater chance to have a loan originated than Blacks (38.98%) and Hispanic (45.45%). White (27.06%), Hispanic (29.52%), and Asian (23.21%) applicants were also less likely to be denied a loan (by race/ethnicity)than Black(33.90%)applicants. All Loans 2015 Originations Denials Total Race White 749 48.95 414 27.06 1,530 Black 123 38.98 20 33.90 59 Hispanic 405 45.45 263 29.52 891 Asian 30 53.57 13 23.21 56 Native American 2 I 50.00 2 50.00 14 Hawaiian 3 60.00 1 20.00 5 MultiRace 6 42.86 4 28.57 14 Unk/NA 301 49.92 138 22.89 603 Totals 1,519 48.04 855 27.04 3,162 In 2016, there were a total of 3,125 loan applications. Of all the loan applications, 1,410 or 45.12% were originated and 928 or 29.70% were denied. With respect to loan decisions by race and ethnicity, Asian applicants have the highest origination rate at 53.57%, however represent only 1.79%of all loan applications and 2.13%of all loans originated.White applicants represent the largest volume of applications at 48.99% of all applications. Whites also represent 49.36%of all loans originated,with an origination rate of 45.46%(by race/ethnicity). When the numbers are analyzed individually by race and ethnicity, White (45.46%) and Asian (53.57%) applicants had a greater chance to have a loan originated than Blacks (40.30%) and Hispanics (41.45%). White (29.26%), Black(28.36%),and Asian (25%) applicants were also less likely to be denied a loan (by race/ethnicity) than Hispanics (31.30%), applicants. • All Loans 2016 Originations Denials Total Race # % # % Apps White 696 45.46 448 ' 29.26 1,531 I Black 27 40.30 { 19 28.36 , 67 Hispanic 378 41.95 1282 31.30 901 Asian 30 153.57 14 25.00 56 Native American 0 ; 0.00 0 0.00 0 Hawaiian i 1 150.00 0 0.00 12 MultiRace 4 40.00 5 50.00 10 • Unk/NA 274 49.10 160 28.67 558 Totals 1,410 45.12 928 29.70 13,125 34 Page 114 of 865 uocubign tnvelope ID:02761567-DC13-4D1 F-9B8E-CF0A1 B844850 • In 2017,there were a total of 2,635 loan applications. Of all the loan applications,1,260 or 47.82%were originated and 684 or 25.96%were denied. White applicants represent the largest volume of applications at.47.82% of all applications and percentage of all loans originated(48.41%),with the highest origination rate of all loans at 50.25%(by race/ethnicity). When the numbers are analyzed individually by race and ethnicity, Whites (50.25%) had a greater chance to have a loan originated than Black (40.00%), Asian (44.23%), and Hispanic (45.45%) applicants. White (24.55%), Hispanic (26.07%), and Asian (28.85%) applicants were also less likely to be denied a loan (by race/ethnicity)than Black(34.55%)applicants. All Loans 2017 Originations Denials Total Race # % # % # • White 610 50.25 298 ' 24.55 1,214 I • Black 22 140.00 19 34.55 55 Hispanic 367 44.70 214 26.07 821 Asian 23 44.23 15 28.85 52 Native American 1 50.00 00.00 2 Hawaiian 0 0.00 2 100.00 2 • MultiRace 5 55.56 1 11.11 9 Unk/NA 232 48.33 135 i 28.13 480 Totals 1,260 47.82 684 125.96 2,635 The above cited data from Lender Disparity Profile reports reveal that lenders. originate significantly fewer loans for Black and"unknown race" applicants than Whites,deny significantly more Black than White loan applicants, and report people of"unknown" race as having chosen not to follow through with approved loans with locked rates more often than White applicants. • Although this data does is not unequivocally indicative of discrimination, it clearly shows differential, inferior treatment of Black and "unknown" race applicants. While HMDA is essential in understanding the mortgage climate, it should be noted that HMDA data does have its limitations. Of particular note, HMDA does not take into consideration how the loan decisions were made. These and other issues must be taken into consideration when drawing conclusions about the findings. The data does, however, provide information about possible trends in the City's mortgage lending. The 2014-2017 HMDA data clearly shows a trend with respect to the high levels of denials of loans to Black applicants. Black and Hispanic borrowers also face inequity in many of the main factors that lead up to applying for loans in the first place, including credit,36 rental history/opportunities,37 employment,38 and banking.39 And actually, even when applying for loans with the same creditworthiness (when those main factors are all the same), Black and Hispanic borrowers are 36 https://www.cnbc.com/2019/09/01/many-minorities-avoid-seeking-credit-due-to-decades-of- discrimination.html 37 httos://nationalfairhousing.org/wp-content/uploads/2019/10/2019-Trends-Reoort.odf 38 https://hbr.org/2017/10/hiring_discrimination-against-black-americans-hasnt-declined-in-25-years 33 https://dly8sb8igg2f8e.cloudfront.net/documents/The Racialized Costs of Banking 2018-06-20 205129.pdf 35 Page 115 of 865 uocu ign envelope iu:uziblobt-uu1J-4U11--fliML-U-UA113134485U still frequently given less favorable lending options and conditions, compared to White borrowers.40 That is,one White person and one Black person coming to the mortgage application process with the same application are still likely to be subject to different loan decisions, with patterns of these decisions repeatedly falling along racial lines.41 Fair Housing Implication(s): • Disparities in lending practices indicate a need for industry training in Fair Housing and Fair Lending laws and consumer education regarding lending processes, access to credit for homeownership, and avoiding abusive lending practices. B. Foreclosures& Related Trends The relationship between housing discrimination and the foreclosure crisis of 2007 highlights the importance of foreclosure data as an index not only of the financial health of our communities,but also of the public well-being as regards fair housing/civil rights.The foreclosure crisis was one of the prime catalysts of the Great Recession of 2007.The chief cause of the Great Recession was the result of investors (particularly large banks and even Freddie Mac) unwisely investing in risky mortgage-backed securities which plummeted in value as risky loans defaulted in domino fashion resulting in a flood of foreclosures. Investment banks,financial companies and other large firms fell into bankruptcy or faced possible collapse, some only to be rescued by government bail outs. Princeton University scholars conducted a 2019 study published in the American Sociological Review which argued that racial segregation, in addition to excessive home construction, high-risk lending methods, lenient lender regulation, and the steep decline of housing prices, was a significant causal force behind the foreclosure crisis. The writers Jacob S. Rugh and Douglas S. Massey recounted how segregation provided for a geographically identifiable market that was exploited by being selectively targeted with high-risk, subprime loans. Their statistical analyses generated evidence that Black segregation was a causal, rather than a coincidental,factor in the abundant foreclosures that precipitated the Great Recession. While the market has changed in the last decade following the foreclosure crisis, it is important to note the lessons of the past, lest we repeat them in the future. The HUD Office of Policy Development and Research online magazine, PDR Edge, indicated that unemployment is one of the causes of mortgage default. According to the March 2019 United States Department of Housing and Urban Development (US HUD) HUD Comprehensive Housing Market Analysis, Miami-Miami Beach-Kendall, unemployment is currently at 3.8% for the subject area as compared to the 11.1% unemployment existent at the end of the foreclosure crisis in our area. According to the study, sales for the period ending February 2019 were balanced, in stark contrast to the excessively turbulent, high-volume sales that heralded the foreclosure crisis. 40 https://ncrc.org/wp-content/uploads/2009/07/ncrc%20nosheifd%20iune%2009.pdf • 41 https://ncrc.org/wp-content/uploads/2009/07/ncrc%20nosheild%20iune%2009.pdf 36 Page 116 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-968E-CF0A1 8844850 The reappearance of higher-risk loans is an important feature to monitor to ensure that a return to the practice of targeting people of color for these loan products is not an echo of the past that can lead to injustices as mentioned above. According to an August 2019 Wall Street Journal(WSJ)article,the bank regulations that were passed in response to the foreclosure crisis of almost a decade ago are progressively eroding. Although we no longer see the same kinds of risky loans as were prevalent in the run up to the crisis, other risky loan products (e.g. non- qualified loans) are beginning to be made available to home loan borrowers with low credit scores or large debt burdens. So far, these practices have not yet manifested in increased foreclosures nationwide, but the current march to curtail lender regulation only increases the potential for another such foreclosure crisis. The graph below illustrates the rising trend in unconventional mortgages from 2008 to mid-2019: Origination of unconventional mortgages S70 oituon 60 50 40 •First half 30 10 .z j f • ••. —r' 2003 •09 '10 '11 12 '13 •14 '15 '16 '17 `18 '19 . Source:Inside Mortgage Finance.(as published August 21,2019, WSJ) RealtyTrac reported that in September 2019, US foreclosures were down 11% compared to the same time in 2018. Florida foreclosures were reported as being down 26%, Miami-Dade foreclosures were down 26% and Miami Beach foreclosures were down 7% compared to the same time last year.The report also indicated the following foreclosure data: • 1 in every 2,767 homes in the United States is in foreclosure(.04%of US homes) • 1 of every 2,006 homes in Florida (.05%)is in foreclosure • 1 of every 1967 homes Miami-Dade County(.05%) is in foreclosure • • 1 of every 3456 homes in Miami Beach (.03%)is in foreclosure 37 • Page 117 of 865 uocu ign tnveiope iu:uL/nlob/-ul.:l0-4u11--Utiot-Ll-UAltitS44255U Although the overall foreclosure rates for Florida and Miami-Dade County ranked higher than the national rate, Miami Beach's overall foreclosure rate ranked lower than the US rate. The following chart provides a graphic representation of the trend of decreasing Miami Beach foreclosures for the one-year period ending September 2019: MI Total Foreclosures 50-- 50 • 40— • - . . ._... . . .. . . • 40 • 30 — — - 30 ti.. 2. Lt n 0 0•-r— - - •- - 0 Ilov,1i3 Jan'19 Mar19 to119. !ul'199 SeD19 • RealtyTrac,September 2019 The following chart provides a comparison of the percentages of dwelling units, by area (city, county, state, national),that were in foreclosure as of September 2019: En Miami Beach II. Florida r• national !'2 Miami-Dade 0.06- • • 0.054 0.05% 0.04- 0.03: 4,-1: -° 0.02- S.i>�," j . 111 • • Miami Florida National Beach Dade RealtyTrac,September 2019 38 Page 118 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-988E-CF0A1 8844850 • Miami-Dade County's Clerk of the Courts website (November 4, 2019) confirms the county-wide downward trend of foreclosure filings since the beginning of the calendar year:476 in January, 545 in February, 478 in March, 532 in April, 497 in May, 384 in June, 402 in July,425 in August, and 338 foreclosure filings in September 2019. Miami-Dade County foreclosure filings, 2019 • • 600 - • • - 500 •-• . . ai400 .e':!• - .- . . .. . . m 300 •g• ' a . :i,,- 14 � E4' O 200 . �� `f (v !4 • 100 se`^+ :+ • e. r4 4' i s--,3 • Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Despite these encouraging trends, it is important to monitor these trends to prevent the recurrence of pronounced civil rights abuses being perpetrated in the lending sector as well as the threat of another economic downturn resulting from such injustices. Zillow describes the housing market temperature as the market condition based on three factors: "list-to-sale price ratio", the "prevalence of price cuts on home listings" and "time-on- market." According to data compiled by Zillow as of October 31, 2019, although the market temperature of both the United States and Florida is described as "very hot", the market temperature of Miami Beach is described as "very cold". This relative market slowdown could portend a future increase in foreclosures if at-risk sellers are.unable to find buyers for their . properties. The median Miami Beach home value has gone up 2.3%over the past year compared with an increase of 4.1%for Florida and 4.7%for the entire United States. Another factor that highlights the health of the Miami Beach real estate market is the community's loan delinquency rate as compared to the state and nation. According to Zillow's most recent data,the percentage of homes in Miami Beach that were delinquent on loans is 1.5% as compared to 1.4%for Florida and 1.1%for the United States. 39 Page 119 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 Negative equity is the term used to describe the situation in which a homeowner owes more on her or his home than it is worth. Sometimes called "upside down" or "underwater" mortgages, these mortgages are also an indicator of housing market health and a predictive factor for foreclosures. According to HUD's Office of Policy Development and Research online magazine, PDR Edge, negative equity mortgages affect wealth accumulation and financial freedom, restrict families' .abilities to relocate as they await market upturns, and result in mortgage defaults.The PDR Edge article also described how mortgage defaults exert a downward pressure on area home prices resulting in increased negative equity occurrences.Zillow reported that the delinquent mortgage rate for Miami Beach was 14.5% of area mortgages as compared to 7.0%for Florida and 8.2%for the entire region. • All told,the factors in Miami Beach that affect foreclosures,and foreclosures themselves, offer optimism in some areas and raise concerns in others. Unemployment in the city is much lower that it was prior to the Great Recession and the community's housing market is considerably more stable now that it was then. Foreclosures are down in the city, but not nearly to the extent that they have decreased statewide and across the nation. Median home value in Miami Beach has increased, but again, not nearly as robustly as it has throughout the state and the nation. Mortgage delinquency is only marginally greater in the city as compared to the state, but it is approximately 50% greater than the rest of the country. Finally, homes with negative equity("upside down" mortgages) are substantially more common in Miami Beach than the rest of the state or nation. Fair Housing implications: Delinquent mortgage rates in Miami Beach that exceed the state and regional rates show the greater pressure put on local homeowners and the need for increased homeownership education and training for consumers and providers alike. C. Evictions Evictions are involuntary expulsions of renters. Evictions most often are the result of non- payment of rent but may also occur because of occupancy by people not on the lease, property damage,or renters violating the law. 42 • Evictions have great impact upon poor families. Nationally, low-income- households (bottom quintile of the income distribution) typically spend more than half of their incomes on rent and are left with less than$500 a month for other expenses.43 Additionally,the percentage of income spent on rent for these_households went up about 10%.between 2000 and 2017.44 . While housing costs continue to escalate, wages for the poor remain stagnant. Affordable housing programs benefit only 25% of families who are eligible for such programs. Dealing with 42 https://evictionlab.org/maD/#/2016?geography=cities&bounds=80.783,25.502,- 79.509,26.078&typ a=er&l oca do n s=124502 5,-80.14,25.817 43 httos://www.federalreserve.goy/econres/notes/feds-notes/assessing-the-severity-of-rent-burden-on-low- income-families-20171222.htm 4°haps://www.federalreserve.gov/econres/noteslfeds-notes/assessing-the-severity-of-rent-burden-on-low- income-families-20171222.htm 40 Page 120 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 such housing affordability challenges, poor families find it particularly difficult to meet their housing cost obligations, especially because living on such tight budgets makes them more susceptible to eviction when confronted with unexpected expenditures.45 Nationwide, poor women of color are at higher risk of eviction, as are victims of domestic violence and families with children. Evictions escalate the cycle of poverty. Once a renter is evicted, that eviction record makes it difficult to obtain rental housing in decent, safe and affordable housing because landlords use eviction records to screen tenants. Evictions also impact a family's financial well-being when their possessions are ejected onto the curb by landlords and possessions placed in storage incur storage fees or are lost when such fees cannot be paid.Evictions have been shown to cause job loss and mental health problems.46 A 2017 ACLU article cited a series of'studies indicating that people of color represent 80% of those facing eviction.47 • There were 344 evictions in Miami Beach in 2016,amounting to 0.94 households evicted every day. 1.09 in 100 renter homes are evicted each year. Eviction rates in Miami Beach (the number of evictions per 100 renter-occupied households)'have remained below the state and national rates for the years 2009 through 2016 as exemplified in the following graph: EVICTION RATES —0--Miami Beach —II—Florida — —United States 3.50% 3.08% 3.17% 2.95% ' • • _ _ 3.00% • ' • 3.00% . . 2.91%r 2.95% ! 2.91% • -s"'o .. 2.6 % 2.50% • 2.53% 2.53% 2.50% 2.68"0 _ ' 2.55% 2.48% , . - 2.43% . '2.38% 2.34% 2.00% ' • 1.50% . 1.78% 1.83%. I.63/°0 1.66% • • • 1.00% 1.29% 1.09% 0.50% • 0.00% _ . - • 2009 2010 2011 2012 2013 2014 2015 2016 Source:Eviction Lab at Princeton University 45 https://evictionlab.org/map/it/2016?geography=cities&bounds=-80.783,25.502.- 79.509,26.078&type=er&locations=1245025,-80.14,25.817 a6 lipid • 47 ACLU,Unfair Eviction Screening Policies Are Disproportionately Blacklisting Black Women,Sandra Park,3/30/17, https://www.aclu.org/blog/womens-rights/violence-against-women/unfair-eviction-screening-policies-are- disproportionately 41 Page 121 of B65 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 V. JURISDICTION'S FAIR HOUSING PROFILE A. Fair Housing Laws,Enforcement Agencies &Complaint Data Federal Fair Housing Act/U.S. HUD, Office of Fair Housing&Equal Oppprtunity The Federal Fair HousingAct68 prohibits discrimination on the basis of race,color,national origin, religion, sex, familial status, and disability. The U.S. Department of Housing and Urban Development,,Office of Fair Housing and Equal Opportunity;is charged with enforcing the Federal Fair Housing Act. The Act contains administrative enforcement mechanisms,with HUD attorneys bringing actions before administrative law judges (AUs) on behalf of those facing housing discrimination and gives the Justice Department jurisdiction to bring suit on behalf of victims in Federal district courts. In connection with prohibitions on discrimination against individuals with disabilities, the Act contains design and construction accessibility provisions for certain new multifamily dwellings developed for first occupancy on or after March 13, 1991. HUD has had.a lead role in administering the Fair Housing Act since its adoption in 1968. The 1988 amendments, however, have greatly increased the Department's enforcement role. First, the newly protected classes (disability and familial status) have proven significant sources of new complaints. Second, HUD's expanded enforcement role took the Department beyond investigation and conciliation into the mandatory enforcement area. Complaints filed with HUD are investigated by the Office of Fair Housing and Equal Opportunity (FHEO). If the complaint is not successfully conciliated, then FHEO determines whether reasonable cause exists to believe that a discriminatory housing practice has occurred.Where reasonable cause is found,the parties to the complaint are notified by HUD's issuance of a Determination, as well as a Charge of Discrimination, and a hearing is scheduled before a HUD administrative law judge. Either party- - complainant or respondent -- may cause the HUD-scheduled administrative proceeding to be terminated by electing instead to have the matter litigated in federal court. Whenever a party has so elected,the Department of Justice takes over.HUD's role as counsel seeking resolution of the charge on behalf of aggrieved persons,and the matter proceeds as a civil action. Either form • of action--the AU proceeding or the civil action in federal district court-- is subject to review in the U. S. Court of Appeals. 49 Florida Fair Housing Act/Florida Commission on Human Relations The Florida Fair Housing Act50 was passed by the Florida Legislature in 1983 and amended in 1989. The Florida Fair Housing Act parallels the Federal Fair Housing Act. The Florida Commission on Human Relations(FCHR)is a Fair Housing Assistance Program (FHAP) agency and 'Title VIII of the Civil Rights Act of 1968,42 USC 3601. 49 http://www.hud.gov/fairhousing. Sa State of Florida,Civil Rights Statutes,Title XLIX,Chapter 760.2. 42 • Page 122 of 865 DocuSign Envelope ID:C2761567-DC13-401F-9B8E-CF0A1B844850 enforces Florida's state fair housing law. The Florida Fair Housing Act has been certified as substantially equivalent to the federal law. Substantial equivalency certification takes place when a state or local agency applies for certification and the U.S. Department of Housing and Urban Development(HUD) determines that the agency enforces a law that provides substantive rights, procedures, remedies and judicial review provisions that are substantially equivalent to the federal Fair Housing Act. Substantially equivalent agencies are eligible to participate in the Fair Housing Assistance Program (FHAP). FHAP permits HUD to use the services of substantially equivalent state and local agencies in the enforcement of fair housing laws, and to reimburse these agencies for services that assist in carrying out the spirit and letter of the federal Fair Housing Act. When HUD receives a complaint alleging a violation of state or local fair housing laws administered by an interim certified or certified agency, HUD will generally refer the complaint to the agency for investigation, conciliation and enforcement activities. Fair housing professionals being based in the locality where the alleged discrimination occurred benefits all parties to a housing discrimination complaint.These individuals often have a greater familiarity with local housing stock and are in closer proximity to the site of the alleged discrimination, offering greater efficiency in case processing. • Housing discrimination complaint data received from HUD for the period beginning March 1, 2015 and ending July 31, 2019 includes 21 complaints investigated by Florida Commission on Human Relations (FCHR) and 9 complaints investigated by HUD. Disability complaints (16) represented the most common basis of discrimination, followed by national origin (8), and race (6). Half (15) of the cases resulted in a determination of no cause to believe housing discrimination occurred. Settlement was reached in 5 of the cases. • US HUD/FCHR Miami Beach Housing Discrimination Complaints-March 2015 to July 2019) Case HUD/ Filing Closure Bases Issues Case Number FCHR Date Date Disposition 04-15- FCHR 03/12/15 06/04/15 Race Discriminatory terms, No cause • 0403-8 conditions,privileges,or determination services and facilities; Discriminatory acts under Section 818(coercion, Etc.) 04-15- FCHR 03/20/15 04/21/15 Disability Discrimination in No cause 0436-8 terms/conditions/privileges determination relating to rental; Discriminatory acts under Section 818(coercion, Etc.); 'Failure to make reasonable accommodation 43 Page 123 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-968E-CF0A1 8844850 04-15- FCHR 04/02/15 06/30/15 National Discriminatory refusal to rent; No cause 0480-8 Origin Discriminatory terms, determination conditions,privileges,or services and facilities 04-16- FCHR 10/28/15 02/05/16 Disability Discriminatory terms, Complainant 0088-8 conditions,privileges,or , failed to services and facilities; cooperate Otherwise deny or make housing unavailable; Failure to make reasonable accommodation 04-16- FCHR 03/25/16 03/25/19 Disability Discrimination in Conciliation/ 4454-8 terms/conditions/privileges settlement relating to sale; Failure to make successful reasonable accommodation $40,000 04-16- FCHR 04/25/16 07/26/16 Race Discriminatory terms, No cause 4580-8 j conditions, privileges,or determination services and facilities; Other discriminatory acts; Discriminatory acts under Section 818(coercion, Etc.) 04-16- FCHR 09/22/16 03/22/17 Disability Discriminatory refusal to rent; No cause 5394-8 Discriminatory terms, determination conditions, privileges,or services and facilities; Otherwise deny or make housing unavailable 04-17- FCHR 11/16/16 05/18/17 National Discriminatory terms, No cause 6036-8 Origin conditions,privileges,or determination services and facilities • 04-17- FCHR 11/17/16 03/17/17 Religion Discriminatory advertising, Conciliation/ 6156-8 statements and notices; settlement Discriminatory terms, successful conditions,privileges,or services and facilities • 04-17- HUD 04/17/17 11/03/17 Disability Discriminatoryterms, • Conciliation/ 7816-8 conditions, privileges,or settlement services and facilities; Using successful- ordinances to discriminate in $500,000 zoning and land use; Failure to make.reasonable accommodation • 44 Page 124 of 865 UocuSign Envelope ID:C2761567-DC13-4D1 F-988E-CF0A1 B844850 04-17- FCHR 04/27/17 09/15/17 Color, Discriminatory terms, No cause 7978-8 National conditions, privileges,or determination Origin services and facilities 04-17- FCHR 04/28/17 06/30/17 Disability Discriminatory terms, Complainant 7994-8 conditions,privileges,or failed to services and facilities; Failure to cooperate make reasonable accommodation 04-17- FCHR 05/11/17 09/29/17 Disability Failure to make reasonable Conciliation/ 8129-8 accommodation settlement successful 04-17- FCHR 09/28/17 08/07/18 National Discriminatory terms, No cause 9760-8 Origin, conditions, privileges,or determination Religion services and facilities 04-18- FCHR 01/04/18 03/22/19 Disability Discrimination in No cause 0860-8 terms/conditions/privileges determination relating to rental;Failure to make reasonable accommodation 04-18- HUD 01/31/18 05/31/19 Race, Discriminatory refusal to No cause • 1217-8 Familial negotiate for sale; determination Status Discriminatory terms, conditions,privileges,or services and facilities ' 04-18- HUD 02/01/18 05/07/19 Disability Discriminatory terms, No cause 1240-8 conditions,privileges,or determination services and facilities; Failure to make reasonable accommodation 04-18- HUD 02/02/18 12/14/18 National Discriminatory advertising, No cause 1242-8 Origin, statements and notices; determination Disability Discriminatory terms, conditions, privileges,or services and facilities; Otherwise deny or make housing unavailable; • Discriminatory acts under Section 818 (coercion, Etc.) 04-18- HUD 02/12/18 12/14/18 National Discriminatory terms, No cause 1382-8 Origin, conditions,privileges,or determination Disability services and facilities; Otherwise deny or make housing unavailable;Failure to make reasonable accommodation 45 Page 125 of 865 Docuslgn Envelope ID:62761567-DC13-4D1F-988E-CF0A1B844850 04-18- HUD 03/12/18 09/13/18 Sex Discriminatory terms, No cause 1724-8 conditions,privileges,or determination services and facilities 04-18- FCHR 03/29/18 10/02/18 Disability Discriminatory terms, • Complainant 1933-8 conditions,privileges,or failed to services and facilities; Failure to cooperate make reasonable accommodation 04-18- FCHR 07/25/18 11/.01/18 Disability Discriminatory terms, Conciliation/ 3424-8 conditions, privileges,or settlement services and facilities; successful- Otherwise deny or make $4,592 housing unavailable;Failure to make reasonable accommodation • 04-18- FCHR 08/22/18 Disability Discriminatory terms, 3848-8 conditions,privileges,or services and facilities; Failure to make reasonable • accommodation 04-18- FCHR 09/07/18 Race Discriminatory terms, 4051-8 conditions,privileges,or services and facilities 04-19- FCHR 10/22/18 Race Discrimination in 4585-8 terms/conditions/privileges relating to rental;Otherwise deny or make housing unavailable 04-19- FCHR 10/29/18 Sex, Discriminatory terms, 4685-8 Disability conditions, privileges,or services.and facilities; Discriminatory acts under Section 818(coercion,Etc.); Failure to make reasonable accommodation • 04-19- FCHR 03/13/19 Disability Discriminatory terms, 6105-8 conditions,privileges,or services and facilities; Otherwise deny or make housing unavailable;Failure to • make reasonable accommodation • 04-19- HUD 04/12/19 06/19/19 Race Discriminatory refusal to sell; No cause 6566-8 Discriminatory terms, determination conditions,privileges,or services and facilities 46 Page 126 of 865 uocuSlgn Envelope ID:C2761567-DC13-401 F-988E-CF0A1 B844850 • 04-19- HUD 06/13/19 07/03/19 National Discriminatory refusal to rent; Conciliation/ 7367-8 Origin Discriminatory terms, settlement conditions,privileges,or successful- services and facilities $100 04-19- HUD 06/21/19 National Discriminatory terms, 7505-8 Origin conditions, privileges,Or services and facilities • Miami-Dade County/Miami-Dade County Commission on Human Rights Miami-Dade County's civil and. human rights ordinance is codified as Chapter 11A of the Miami-Dade County Code,as amended.51 The ordinance prohibits discrimination against any person in Miami-Dade County in the area of employment, public accommodations, credit and financing practices, and housing accommodations on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, veteran status or source of income. Unlike the state fair housing law, the Miami-Dade County ordinance currently does not have substantial equivalency certification from U.S. HUD. Substantial equivalency certification results in housing discrimination cases having the benefit of state or local complaint processing. At the same time,the process assures that the substantive and procedural strength of the federal Fair Housing Act will not be compromised. The Miami-Dade County Commission on Human Rights is a quasi-judicial entity charged with the enforcement of Miami-Dade County's civil and human rights ordinance, codified as Chapter 11A of the Miami-Dade County Code,as amended. As part of the Office of Human Rights and Fair Employment Practices Department, the Miami-Dade County Commission on Human Rights promotes fairness and equal opportunity in employment, housing, public accommodations, credit and financing practices,family leave and domestic violence leave.The Commission on Human Rights receives, initiates, investigates, and conciliates complaints of discrimination under federal, state and local laws. The services provided by the Commission on Human Rights are available to all Miami-Dade County citizens. • From January 1, 2015 to December 31, 2018, the Miami-Dade County Commission on Human Rights received 8 complaints from Miami Beach. There were no complaints received in 2017, Of the 8 complaints received,8 categories of protected classes of persons are represented. Most of the complaints received allege 2 or more protected classes for a total of 17 counts among the 8 categories. The 8 complaints also include 2 allegations of retaliation. si Miami Dade County Ordinance No.90-32,Chapter 11A,Article 11. 47 Page 127 of 865 uocusign tnvelope IU:G2Oil 56/-DG13-4D1F-9681-GFOA1B844850 Miami-Dade'County Commission on Human Rights Housing.Discrimination Complaints, Miami Beach January 1,2015-December 31,2018 Federally Protected Classes Additional Protected Classes under Miami-Dade County Ordinance • National Familial • .Marital: Sexual Source Race Color Disability • Retaliation' .Age• Total . Origin Status• • Status Orientation of Income 2015 2 1 1 1 3 2016 2 2 2 2017 0 2018 1 1 1 1 • 2019 1 1 1 2 1 1 1 2 Total 6 2 2 2 1 3 1 1 2 S City of Miami Beach Human Rights Ordinance52 Originally adopted on October 29, 1992,the City's ordinance prohibits discrimination in employment, housing, and public accommodations and promotes said opportunities without regard to "actual or perceived differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. "In its declaration of policy, "(t)hse city finds and declares that prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby threaten the rights and proper privileges of its inhabitants and menace the very institutions,foundations and bedrock of a free, democratic society." (Ord. No. 2010-3669, § 1,.1-13-10; Ord. No. 2013-3828, § 1, 12-11-13; Ord. No. 2016-4034, § 1, 9-27-16) The City of Miami Beach's Human Rights Ordinance establishes its Human Rights Committee(MBHRC),whose duties include, amongst others,informing persons of the rights and. remedies provided by the Human Rights Ordinance. The MBHRC receives discrimination • complaints in employment, housing, and public accommodations based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital and familial status, age or disability. MBHRC investigates complaints within 180 days of the alleged discriminatory conduct. Complaint forms are available in English, Spanish, and Creole and can be obtained online and at Miami Beach City Hall.53 52 https://library.municode.com/fl/miami beach/codes/code of ordinances s3 https://www.miamibeachfl.gov/city-hall/city-clerk/boards-and-committees/miami-beach-human-rights- committee/ 48 Page 128 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 8844850 Private While there are several housing counseling and other agencies in the jurisdiction that provide fair housing assistance, HOPE fills a unique void in this community as it is the only private, non-profit,full service,fair housing organization in Miami-Dade and Broward counties currently engaged in comprehensive education/outreach and enforcement activities. The overall mission of HOPE is to fight housing discrimination in Miami-Dade and Broward counties and to promote equal housing opportunities throughout Florida. HOPE employs a three- tiered strategy of Education&Outreach, Intake&Counseling and Enforcement to accomplish its mission and operates Fair Housing Programs under three initiatives: • The Education and Outreach Initiative is designed to ensure that the general public and protected classes become knowledgeable concerning fair housing laws and the means available to seek redress for fair housing rights violations, and includes private housing industry provider education programs structured to furnish developers, real estate brokers, property managers, financial institutions, and the media/advertising industry with the most current information necessary to fully comply with federal,state and local fair housing laws. • The Private Enforcement Initiative involves testing and investigation of alleged fair housing violations, the prevention and elimination of discriminatory housing practices, and enforcement of meritorious claims. • 'The Special Housing initiative is comprised of special projects that are usually the result of the settlement of fair housing cases. Project activities have included public and private relocation contracts, mobility counseling, accessible modifications for people with disabilities,down payment assistance for first-time homebuyers,and home rehabilitation for low-income families. HOPE operates a Housing Discrimination HELP LINE that provides complaint intake, information and referral services, counseling services, and assistance to South Florida residents seeking housing opportunities in the private housing market. Below is a summary of the calls addressed January 2015 through September 2019. 49 Page 129 of 865 uocusign tnveiope iu:uzi131 -uc13-4u11--atiot-Cf-UA11384485U HOPE, Inc. Housing Discrimination Help Line January 2015—September 2019 • HOUSING TRANSACTION • Rental Sales Lending Landlord Section 8 and Other:1st Time P• ROTECTED CLASS Tenant Low Income Home Buyer, Housing Home Owner TOTAL • • Association, • Foreclosure, • • Homelessness,etc Race 6 1 7 Disability 19 19 Familial Status 4 4 Sex 1 1 National Origin 3 3 Color Religion Age Sexual Orientation 5 1 • 6 Gender Identity/ Expression Marital Status 1 1 Source of income 4 1 1 6 Other 56 26 21 103 TOTAL 43 3 56 .27 23. 250 B. Fair Housing Cases Below is a list of recentfair housing cases relevant to the City of Miami Beach: Texas Department of Housing and Community Affairs v.The Inclusive Communities Proiect54 The United States Supreme Court analyzed whether disparate impact claims are cognizable under the Fair Housing Act (FHA). Disparate impact is a legal theory of discrimination liability that holds entities accountable for practices that have discriminatory effects on groups protected under anti-discrimination laws, even when there is no intent to discriminate. This differs from disparate treatment, in which the discrimination is overt and intentional. In the 20 years following the FHA's enactment, every circuit court that addressed the question of disparate impact claims found 'they were cognizable under the FHA. The Inclusive • Communities Project (ICP) is an affordable housing organization. The Texas Department of Housing and Community Affairs (THC) allocates federal tax credits for low-income housing in the state. In 2008, ICP filed suit against THC alleging it disproportionately allocated too many 56 Supreme Court of the United States,Case No. 13-1371 50 Page 130 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 tax credits "in predominantly black inner-city areas and too few in predominantly white suburban neighborhoods." To support their claim, iCP cited statistics that showed "92.29%of [law-income housing tax credit]units in Dallas were located in census tracts with less than 50% Caucasian residents."The District Court and the United States Court of Appeals ruled in favor of ICP, both holding that disparate impact claims are cognizable under the Fair Housing Act. THC appealed to the Supreme Court of the United States. On June 25,2015,the United States Supreme Court held that Congress specifically intended to include disparate impact claims in the Fair Housing Act, but that such claims require a plaintiff to prove that any statistical disparity is directly linked to the defendant's policies. Bank of America Corp.v. City of Miami,consolidated with Wells Fargo&Co.v. City of Miamiss On December 13, 2013,the City of Miami sued several lending institutions, including Bank of America and Wells Fargo, in federal district court for discriminatory lending practices that Miami claims directly caused both a loss in property tax revenue and an increase in costs for providing police, fire, and other municipal services. The district court dismissed Miami's FHA claims, but the Eleventh Circuit Court of Appeals reversed,finding that Miami had standing to sue under the FHA and cause to proceed with the lawsuit. The United States Supreme Court analyzed whether the City of Miami met the statutory requirements to bring such a lawsuit under the Fair Housing Act (FHA). On May 1, 2017,the United State Supreme Court held that Miami qualified as an "aggrieved person" authorized to bring suit under the FHA. However, the case was remanded back to the 11th Circuit Court of Appeals to determine how proximate cause should be determined under the FHA and decide how that standard applies to the City's claims for lost property-tax revenue and increased municipal expenses. In a decision issued on May 3, 2019, the 11th Circuit Court of Appeals held that there is "some direct relation" between the City of Miami's tax revenue injuries and the banks' alleged violations of the FHA, further finding a "logical and direct bond between discriminatory lending as a pattern and practice applied to neighborhoods throughout the City and the reduction in property values.56" DeFord v. Miami Beach Community Development Corporations' Ms.DeFord identifies as a transgender woman. She alleges that,due to her gender,she has faced abuse and discrimination from the employees of Miami Beach Community Development Corporation, in their role as property managers. Ms. DeFord filed a HUD administrative complaint. The case is pending. • Iglesias v. Carriage Club North Condominium Association et al.58 Ms.Plasencia and Ms. Iglesias allege the following:they were living together when Ms. Plasencia suffered a subarachnoid hemorrhage on April 9,2015 that rendered her particularly and painfully sensitive to noise. Their building was under construction, resulting in what the contractor called • 55 Supreme Court of the United States,Case No.15-1111 56 United States Court of Appeals for the 116'Circuit,Case.No.14-14544 57 HUD Administrative Case, Inquiry No.535263 55 US District Court,Southern District of Florida,Case No.1;16-cv-24644 51 Page 131 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 an "extreme amount of noise." While Ms. Plasencia was still in the hospital, Ms. Iglesias made a request to the condominium association to be moved to another unit or another building. The relocation request was denied,and for the following year, Ms. Plasencia endured intense medical issues, repeatedly having to go to the hospital as a result of her body's reaction to the noise. They had to leave their home on multiple occasions to escape the noise, including retreating to another home of theirs,out of state. All the while, other residents were being relocated because of the nuisance of the construction. Eventually, the Association agreed to accommodate Ms. Plasencia and Ms. Iglesias, so long as the Association would be absolved from facing any consequences for past acts. Ms.Plasencia and Ms. Iglesias rejected this agreement and condition and sued the association in the United States District Court for the Southern District of Florida. Morgan v.711 Condominium et aI.59 Ms. Morgan alleges that in February 2015, she obtained a prescribed support dog to assist with her seizure condition. She alleged'that on February 14, 2015, a neighbor complained to the condo association that the dog was being kept as a pet and was being loud, though no other neighbors supported that claim. On June 15, 2015, a lawyer representing the neighbor and the condo association sent a letter to Ms. Morgan's doctor requesting a detailed narrative report regarding Ms. Morgan's need for the dog. Both Ms. Morgan and her doctor provided supplemental information to the association, but in July 2015,the association sent Ms. Morgan a letter that the dog was not going to be approved to live with her. Despite always responding with the information that was asked of her,Ms.Morgan was subjected to continued questioning and demands for proof regarding her dog and decided not to renew her lease as result of this harassment. Ms. Morgan sued the association in the United States District Court for the Southern District of Florida. The case settled. Wick v. Belle Towers Ms.Wick alleges she requested to have an emotional support animal at her home. Despite being provided with documentation regarding her need for the animal, the condo association denied the request. The non-profit disability rights law firm, Disability Independence Group,successfully obtained approval of the emotional support animal on her behalf after issuing a demand in 2014. Bazemore v. Mirador 12002 In September 2017, Ms. Bazemore alleges that she was experiencing a months-long delay in response to her request for a handicapped parking spot for her home. Ms. Bazemore filed a HUD administrative complaint. The complaint is pending. Garcia v. Enclave on the Bay Condominiums61 On September 12, 2016, Ms.Garcia contacted HOPE after she encountered a delayed process in her purchase of a condominium. Ms. Garcia alleges that she made an offer that was accepted, 59 US District Court,Southern District of Florida,Case No.1:16-cv-22990 60 HUD Administrative Case,Inquiry No.539219 b'US District Court,Southern District of Florida,Case No.1:16-cv-24087 52 Page 132 of 865 DocuSign Envelope ID:C2761567-DC13-4D1 F-9B8E-CF0A1 B844850 but she needed to get approval for a reasonable accommodation before her purchase was approved. Ms. Garcia uses a scooter for her mobility impairment. Due to the condominium's design,she would be required to construct a ramp at her own expense to enable her to enter her front door. Ms. Garcia alleges that she was advised that in order to proceed with the sale, and as a condition of the condo association's approval, the association would need to approve the modifications requested by her, and that approval would require an affirmative vote by at least 75% of-the association members. Ms. Garcia filed a lawsuit in the United States District Court for the Southern District of Florida and the case settled. Siler v.Abbott House Ms. Siler alleges the following: In April 2016, she was hired for a new job, and as a result, relocated from Chicago and signed a lease to rent a unit. Ms. Siler uses a wheelchair due to a physical challenge. A condition on Ms. Siler's moving in was that she meet with the building's board of directors for approval. Ms. Siler met with the board of directors and was subjected to inappropriate questions about the nature of her physical challenge and personal assistants, as well as warnings and complaints about the board of directors not wanting to be liable for any financial or safety issues resulting from Ms.Siler's tenancy. The board ultimately decided to deny housing to Ms. Siler because, according to an agent of the board of directors, the building was not a "facility for people with disabilities." Ms. Siler sued the board of directors in the United States District Court for the Southern District ofFlorida. Rogers v. Ocean Max Realty et al. In early 2018, Mr. Rogers, a father,encountered an advertisement for a Miami Beach condo that • was listed by the defendants. The advertisement included the condition,"no kids." The property is not a licensed senior living facility. Mr. Rogers sued in the United States District Court for the Southern District of Florida and the case settled. Rogers v. Sasco Realtv63 Mr. Rogers, a father,encountered the defendant's advertisement for a unit. The advertisement included the condition, "NO children." The property is not a licensed senior living facility. Mr. Rogers sued in the United States District Court for the Southern District of Florida and the case settled. Rogers v. Camelot House Condominium Association The same Mr. Rogers as above, a father, encountered the defendant's advertisement for a unit. The advertisement included the condition, "Very peaceful building with restrictions: no kids." The property is not a licensed senior living facility. Mr. Rogers sued in the United States District Court for the Southern District of Florida and the case settled. 62 US District Court,Southern District of Florida,Case No.1:16-cv-22991 63 US District Court,Southern District of Florida,Case No. 1:14-cv-21421 • 64 US District Court,Southern District of Florida,Case No.1:15-cv-20325 53 Page 133 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 Rogers v.Thanks Vacation Rentals et al.6s The same Mr. Rogers as above, a father,encountered the defendant's advertisement for 2 units. The advertisement included the condition, "no kid." The property is not a licensed senior living facility. Mr. Rogers sued in,the United States District Court for the Southern District of Florida and the case settled. National Fair Housing Alliance, et al.v. Facebook86 On March 27, 2018, HOPE joined the National Fair Housing Alliance (NFHA), the Fair Housing Justice Center of New Your City, and the Fair Housing Council of Greater San Antonio in filing a lawsuit in federal court against Facebook for violating the advertising provisions of the Fair Housing Act.The suit alleged that Facebook enabled its members to create and post real estate ads that excluded families with children, women, people with disabilities and other protected classes by offering pre-populated lists that gave its housing advertisers the ability to "exclude" home seekers from viewing or receiving rental or sales ads. The lawsuit settled with an agreement setting new standards across the tech industry concerning company policies that intersect with civil rights laws. Facebook has created a new portal for advertising housing, employment, and credit opportunities. Housing advertisers will no longer be allowed to target consumers based on race, ethnicity, color, national origin, gender, age, religion, family status, disability, or sexual orientation. Housing advertisers will also be prevented from advertising based on zip code. Fair Housing Implications: Documented incidents of housing discrimination evidenced by testing/litigation results indicate the need for housing providers to comply with fair housing laws and support public and private enforcement efforts. C. Public Outreach-Community Surveys Fair Housing surveys were completed anonymously by residents in Miami Beach from September to December 2019. A total of eighty-six (86) total surveys were collected. The responses are reflected below. Individuals completing the survey may not have provided responses to all questions of the survey. What are the BEST things about your neighborhood?(please circle all that apply) Access to jobs-5 Access to public transportation-7 Commute- 13 Quality of schools-16 Diversity-33 Other(please specify) - 2 (left unspecified) 65 US District Court,Southern District of Florida,Case No.1:14-cv-24688 66 US District Court,Southern District of New York,Case No.1:18-cv-02689 54 Page 134 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 ['Access to jobs I'Yc a I "'Access to public transportation : ['Commute Oquality of schools • Lip.. ■Diversity ['Other What are the WORST things about your neighborhood?(please circle all that apply) Limited access to jobs-8 Limited access to public transportation-5 Commute-27 Quality of schools-15 Lack of diversity-1.3 Other(please specify)—2 (hotels, clubs, loud music, drugs) 1 gLimited access to Z :�;� jobs ib. "�,, �"" ■Llmlted access to public trans. I`5' 0 Commute OQuality ofschools :::' diversity 55 Page 135 of 865 uocuNgn tnveiope iu:U2Ib1bbI-UU13-4U11 -968E-GFOA1B844850 Is your neighborhood racially segregated? Yes-29 No-34 no opinion—22 Do you prefer living in a racially segregated community? Yes-10 No-68 No opinion-8 Is it legal to deny somebody housing simply because she uses a Section 8 voucher? Yes-9 No-65 Not sure-12 Is it legal to deny somebody housing simply because he has children? Yes-4 No-71 Not sure-11 Is it legal to deny somebody housing simply because she has HIV? Yes-13 No-63 Not sure-10 • Is it legal for a housing provider to ask to see medical records to confirm a claim of disability? Yes-14 No-58 Not sure-14 Have you faced any discrimination when looking for housing(renting or buying)? Yes-15 No-49 Not sure-22 If yes,what do you think was the reason?-Slumlord, color of skin, race,ethnicity, children Do you know where to report housing discrimination? Yes-25 Not sure-61 If so,where?-HOPE,police,Housing Dept.of Florida What language(s)do you speak at home,other than English? Spanish-27 Italian-1 Portuguese-1 56 Page 136 of 865 uocu5ign Lnvelope ID:62761567-DG13-4D1 F-9B8E-GF0A1 B844850 VI. CONCLUSIONS&RECOMMENDATIONS • A. identified Impediments to Fair Housing Choice ❖ The need for on-going Fair Housing Education& Outreach efforts to reach the City's growing, diverse population 4. A strongly segregated housing market ❖ A shortage of(and barriers to) affordable housing&homeownership ❖ Issues affecting people with disabilities and homeless persons ❖ Lending disparities • Violations of federal, state, and local fair housing laws in the jurisdiction and immediate surrounding areas B. Recommended Fair Housing Strategies Continued Need for On-Going Fair Housing Education & Outreach Efforts to Reach the City's Growing, Diverse Population Strategy 1: Provide fair housing training at all housing-related workshops,including those for persons with limited English Proficiency. Strategy 2: Support intensive efforts to educate advocates and consumers about their rights andresponsibilities under Fair Housing laws. Strategy 3: Provide training to the City's governingbody to ensure that they are aware of the County's mandated obligation to affirmatively further fair housing and its application to all housing and housing-related activities in its jurisdiction,whether publicly or privately funded. Strategy 4: Provide fair housing training to all employees and develop mandatory fair housing training modules and schedules to ensure the education of new employees and re-training/up-dating of existing employees. Strategy 7: Conduct a public relations campaign promoting knowledge of fair housing laws and assistance programs, including but not limited to, print ads, public service announcements, and community forums. Strategy 8: Develop online survey to determine the public's knowledge of fair housing laws, means of redress, and levels of perceived discriminatory practices by providers. Strongly Segregated Housing Market Strategy 1: Support/fund fair housing testing of real estate agents, rental housing providers, lending institutions, and mortgage brokers doing business in the jurisdiction in 57 Page 137 of 865 uocuilgn tnvelope ID:e2/bibb/-UG13-41../1l--9138t-CF0A1B844850 • order to detect discrimination that may be prevalent, in particular, neighborhoods, rental communities,or condominium/homeowner associations. Strategy 2: Support intensive efforts to educate the public about the existence and assets of racially diverse neighborhoods in order to overcome stereotypes among both minority and white home seekers. Strategy 3: Expand affordable housing options in exclusive neighborhoods by exploring inclusionary zoning strategies and strategies that help low-income families with Housing Choice vouchers to move.into opportunity rich neighborhoods. Strategy 4: Continue to evolve affirmative marketing efforts to reach additional residents in languages in addition to English, as needed, and monitor affirmative marketing efforts of sub-recipients,.where appropriate. Shortage of/Barriers to Affordable Housing&Homeownership Strategy 1: Continue to require and monitor affirmative fair housing marketing plans for all affordable housing developments. Strategy 2: Support and fund pre- and post-purchase counseling and down payment and closing cost assistance mechanisms for residents. Strategy 3: Continue to work in cooperation with other jurisdictions for the provision of economic opportunity. Issues Affecting Persons with Disabilities and the Homeless Strategy 1: Support and monitor the Housing Authority of the City of Miami Beach's on-going effort to comply with Section 504 requirements to significantly increase the quality and quantity of accessible housing units throughout the jurisdiction. Strategy 2: Endorse, fund, and participate in the implementation of plans to eliminate homelessness and increase affordable housing alternatives fostered by the Miami- Dade County Homeless Trust and other advocacy groups. Lending Disparities Strategy 1: Continue to educate residents through first-time homebuyer.workshops on the identification of predatory lending practices and where to receive assistance if victimized by predatory lending practices. Strategy 2: Provide financial support for anti-predatory lending initiatives. Strategy 3: Require and monitor annual reports from lenders participating in City's housing programs that compare all home loan decisions(originations,approvals,denials) sorted by race/ethnicity. Strategy 4: Continue to evolve affirmative fair housing marketing efforts to reach additional residents in various languages in all program areas. Strategy 5: Initiate and support mass media campaigns promoting fair lending, including but not limited to, print ads, public service announcements,and community forums on cable N and the City's website. 58 Page 138 of 865 DocuSign Envelope ID:C2761567-DC13-401F-9B8E-CF0A1B844850 Violations of Federal,State, and Local Fair Housing Laws Strategy 1: Continue to implement referral process for Fair Housing Complaints that includes contact information to all private and public enforcement agencies. • Strategy 2: Continue to provide fair housing education and training to housing providers (including condominium associations) to foster compliance with federal, state, and local laws. Strategy 3: Continue to review the City's ordinance for the consideration of enhanced protections under the local law and consider taking steps to make the local law "substantially equivalent"to the Federal Fair Housing Act. Strategy 4: Acknowledge the need for county-wide cooperation to eliminate barriers to fair housing choice; provide the leadership for development of specific inter- jurisdictional cooperative mechanisms to make fair and equal access to housing a reality. Strategy 5: Continue providing fair housing training to all City employees;develop mandatory fair housing training modules and schedules to ensure the education of new employees and re-training/up-dating of existing employees. • 59 Page 139 of 865 DocuSign Envelope ID:C2761567-DC13-4D1F-9B8E-CF0A1B844850 VII. Signature Page Reviewed and accepted this day of , 20_. By: City of Miami Beach Chief Elected Official • • 60 Page 140 of 865