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Resolution 2020-31471 RESOLUTION NO. 2020-31471 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVING AND AUTHORIZING A SUBSTANTIAL AMENDMENT TO THE CITY'S FY 2019 ACTION PLAN, TO INCLUDE THE AVAILABILITY AND PLANNED USES OF $1,553,629 IN COMMUNITY DEVELOPMENT BLOCK GRANT—CORONAVIRUS (CDBG-CV) FUNDING TO PREVENT, PREPARE FOR, AND RESPOND TO CORONAVIRUS; AND AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE PROGRAM FUNDS; (2) SUBMIT THE REQUISITE REVISED ACTION PLAN;AND(3)EXECUTE AGREEMENTS WITH SUB-RECIPIENTS OF CDBG-CV FUNDS; AND, FURTHER, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS OCTOBER 23, 2020 MEETING, TO MAINTAIN AN ONGOING ONLINE APPLICATION REGISTRATION PROCESS FOR RESIDENTS SEEKING RENT,MORTGAGE OR UTILITY ASSISTANCE, SO AS TO ENSURE THE TIMELY EXPENDITURE OF FUNDS, FROM ANY SOURCE, WHICH BECOME AVAILABLE FOR THESE PURPOSES. WHEREAS,the City is an entitlement recipient of Federal funds under the U.S.Department of Housing and Urban Development (HUD) formula grant programs as follows: Community Development Block Grant(CDBG)funds,and HOME Investment Partnerships(HOME)funds;and WHEREAS, as anentitlement community, the City automatically qualifies for an annual allocation of federal funding under HUD's grant programs; and WHEREAS,the One-Year Action Plan for Federal funds is a requirement under the HUD formula grant programs, including the CDBG and HOME Programs;and WHEREAS,on April 2,2020,HUD sent a letter to the City notifying of a special allocation of CDBG funds to be used to prevent, prepare for,and respond to coronavirus(COVID-19);and WHEREAS,this allocation was authorized by the Coronavirus Aid, Relief,and Economic Security Act(CARES Act),which was signed by President Trump on March 27,2020,to respond to the growing effects of the public health crisis;and WHEREAS,the CARES Act made available to the City$564,276.00 in CDBG Coronavirus funds(CDBG-CV);this constituted the first round of CDBG-CV funds;and WHEREAS,the Administration amended the 2018-2022 Consolidated Plan and 2019 Action Plan to enable the City to receive and administer these new funds;and WHEREAS,a remaining$2 billion in CDBG-CV funds was required by the CARES Act to be allocated to states and local governments at-the discretion of the Secretary on a rolling basis;this constituted the third round of CDBG-CV funds;and WHEREAS,on September 11,2020,HUD sent a letter notifying the City of the allocation of the third round of CDBG-CV funds to be used to prevent,prepare for,and respond to coronavirus (COVID-19)in the amount of$1,553,629;and WHEREAS, the Administration is amending the 2019 Action Plan to enable the City to receive and administer these new funds;and WHEREAS,the CDBG-CV recommendations are incorporated into the amended FY 2019 One-Year Action Plan as follows:$342,903.20 for rent, mortgage and utility assistance under public services (15% cap has been waived); and $900,000.00 for small business assistance under community development, of which $600,000 will be utilized to assist small businesses/micro- enterprises impacted by COVID-19 and the remaining $300,000 will be utilized for technical assistance; and $310,725.80 for administrative allowance; and WHEREAS, in accordance with applicable waiver made available through the CARES Act, the City will advertise a Notice of a 5-day Public Comment Period for a Substantial Amendment to the FY 2019 Action Plan; and WHEREAS,public comments received will be included in the submission of the action Plan to HUD for final review and approval; 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; and WHEREAS, on October 23, 2020, the Finance and Economic Resiliency Committee discussed a related item, entitled "Discussion Regarding the Progress Made on the $330,000 Appropriated from the City's General Reserves Allocated to Support Rent, Mortgage and Utility Assistance Programs", and, given the urgent need for this type of assistance, the Committee recommended that the Administration open and maintain, through the end of this year, an online registration process for eligible Miami Beach residents seeking rent, mortgage and utility assistance; and WHEREAS, the Administration recommends maintaining the online application process available through and including December 29, 2020, in order to ensure the timely expenditure of funds, from any source (federal or non-federal), which become available for rent, mortgage and utility assistance. 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 approve a substantial amendment to the City's FY 2019 Action Plan,to include the availability and planned use of$1,553,629 in Community Development Block Grant—Coronavirus(CDBG-CV)funding to prevent, prepare for, and respond to Coronavirus; and,authorize the City Manager to:(1)execute all applicable documents related to the appropriation and allocation of these program funds; (2) submit the requisite revised Action Plan; and (3) to execute agreements with sub-recipients of CDBG-CV funds;and,further,accept the recommendation of the Finance and Economic Resiliency Committee's recommendation, at its October 23, 2020 meeting, to maintain an ongoing online application registration process for residents seeking rent, mortgage or utility assistance, so as to ensure the timely expenditure of funds, from any source, which become available for these purposes. PASSED AND ADOPTED this 28th day of October, 2020. ATTEST: Dan Gelber, Mayor -71 APPROVED AS TO �' g( L`'"t FORM & LANGUAGE Ra eI E. Granado, City Clerk & FOR EXECUTION I4 )D % v� Y NCORP ORATE ,•' City Attorney Dote Agenda Item: C7 C Date: 10-28-2020 Additional information for item C7 C-Amend City's FY 2020 Action Plan to Include CDBG- CV Funding Given the urgent need to provide this assistance to residents, at the October 23, 2020 meeting, the Finance and Economic Resiliency Committee recommended opening an ongoing, online registration for eligible residents seeking assistance funds and to maintain this portal open through December 29, 2020. This approach will also support our efforts to expend all funding available for rent, mortgage or utility assistance in compliance with federal and state guidelines including the expenditure deadline. Resolutions -C7 C IAMI BEAH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 28, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING A SUBSTANTIAL AMENDMENT TO THE CITY'S FY 2020 ACTION PLAN, TO INCLUDE THE AVAILABILITY AND PLANNED USE OF $1,553,629 IN COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS (CDBG- CV) FUNDING TO PREVENT, PREPARE FOR, AND RESPOND TO CORONAVIRUS; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE PROGRAM FUNDS; (2) SUBMIT THE REQUISITE REVISED ACTION PLAN; AND (3) EXECUTE AGREEMENTS WITH SUBRECIPIENTS OF CDBG-CV FUNDS. RECOMMENDATION 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. CARES Act On April 2, 2020, HUD sent a letter to the City notifying of a special allocation of CDBG funds to be used to prevent, prepare for, and respond to coronavirus (COVI D-19). This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which was signed by President Trump on March 27, 2020, to respond to the growing effects of the Page 12 of 370 • public health crisis. The CARES Act provided the City $564,276 in CDBG Coronavirus funds (CDBG-CV). The Administration amended the 2018-2022 Consolidated Plan and 2019 Action Plan to enable the City to receive and administer these new funds. The CARES Act authorized three rounds of funding for states and local governments for a total of $5 billion. The final $2 billion in CDBG-CV funds required by the CARES Act was allocated to states and local governments at the discretion of the Secretary on a rolling basis; this constituted the third round of CDBG-CV funds. On September 11, 2020, HUD sent a letter notifying the City of its allocation for the third round of CDBG-CV funds to prevent, prepare for, and respond to coronavirus (COVID-19) as $1,553,629. The Administration is making amendments to the 2020 Action Plan to enable the City to receive and administer these new funds. ANALYSIS Below is a summary of the proposed use of the CDBG-CV funds: CDBG-CV Allocation $1,553,629 Activity/Project Amount Program Administration $310,725.80 Public Services (15% cap has been waived) Emergency Services (rent, mortgage and utility $342,903.20 assistance) Community Development Small Business Assistance $900,000.00 Emergency Services: This program provides assistance including, mortgage, rent and utility payments, to qualifying Miami Beach residents who have been impacted by the COVID-19 pandemic. CDBG-CV regulation waivers, approved recently by HUD, allow emergency payments for impacted individuals or families for up to six consecutive months. Previously, the City could not provide more than three (3) months of assistance. Small Business Assistance: $600,000 will be utilized to assist small businesses/microenterprises impacted by COVID-19 with grants of up to $20,000 to pay for normal business expenses including rent, mortgage, utilities, payroll and operating supplies. At least thirty (30) businesses will receive assistance. The balance will be utilized to provide technical assistance, including small business and entrepreneurship trainings for business owners and the hiring of a city employee to provide hands-on business concierge services to guide and support small businesses navigating through the process of opening and operating a business within the city. Under the previous allocation of CDBG-CV funds, the City Commission designated $200,000 for a Small Business Assistance program to provide up to $10,000 to twenty (20) eligible small businesses. Over ninety-seven (97) applications were received, demonstrating the need for additional funding. Through the lottery process conducted on July 9, 2020, twenty (20) businesses were identified to receive up to $10,000 each if all criteria is met. Under this program, for every business awarded a grant, at least one job must be created or retained. On October 9, 2020 the Economic Development Department signed an agreement with the Housing and Community Services Department to administer the program. As all required backup documentation is received from each eligible business, Economic Development will submit for award disbursement. While some of the selected businesses have submitted all additional required back-up documentation, many are still pending. The need for additional resources is evident as businesses in the city continue to close. A greater level of funding for Small Business Assistance is necessary to provide a lifeline for Page 13 of 370 • existing businesses and to foster the growth of new businesses opening up during the reopening phases and beyond. The arduous grant application process also necessitates a greater amount of maximum funding per business. Citizen Participation In accordance with 24 CFR 91.05(c)(2) and subpart B of the federal regulations, the following applicable waiver made available through the CARES Act will be enacted by the City relative to citizen participation compliance: The City will advertise a Notice of a 5-day Public Comment Period for a Substantial Amendment to the FY 2020 Action Plan. Public comments received will be included in the submission of the Action Plan to HUD for finalreview and approval. FINANCIAL INFORMATION Expenditures are tied to federal CDBG-CV funds and will not impact General Fund. CONCLUSION The Administration recommends approval and authorization for the Substantial Amendment to FY2020 Action Plan and authorizing the City Manager to execute all required documents. Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Housing and Community Services Sponsor Commissioner Michael Gongora ATTACHMENTS: Description o HUD CDBG-CV3 Award Letter o Resolution Page 14 of 370 • 0,0AEN7D, 4.0 q Q" U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT yoL*IIIIIIII*/ WASHINGTON,DC 20410-7000 9B4N D EVA' ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT September 11, 2020 The Honorable Dan Gelber Mayor of Miami Beach 1700 Convention Center Drive Miami Beach,FL 33139-1819 Dear Mayor Gelber: I am pleased to inform you of a special allocation to your jurisdiction of Community Development Block Grant funds to be used to prevent,prepare for, and respond to the coronavirus (COVID-19). This allocation was authorized by the Coronavirus Aid,Relief,and Economic Security Act(CARES Act),Public Law 116-136,which was signed by President Trump on March 27, 2020,to respond to the growing effects of this historic public health crisis. The CARES Act made available$5 billion in Community Development Block Grant Coronavirus(CDBG-CV)funds. Of this amount,the Department immediately allocated$2 billion on March 27, 2020,the same day President Trump signed the Act,based on the fiscal year 2020 CDBG formula;this constituted the first round of CDBG-CV funds. Next, $1 billion was required by the Act to be allocated to States and insular areas within 45 days of enactment of the Act; HUD accomplished this on May 11,2020, and this constituted the second round of CDBG-CV funds. Finally,the remaining$2 billion in CDBG-CV funds was required by the Act to be allocated to states and local governments at the discretion of the Secretary on a rolling basis; HUD accomplished this on September 11, 2020, and this constituted the third round of CDBG-CV funds. Additionally,up to $10 million will be set aside for technical assistance. Accordingly,this letter informs you that your jurisdiction's allocation for the third round is $1,553,629. Your cumulative amount for all allocation rounds is $2,117,905. The CARES Act adds additional flexibility for both the CDBG-CV grant and, in some cases, for the annual FY2019 and FY2020 CDBG grants in these unprecedented times. The public comment period is reduced to not less than 5 days,grantees may use virtual public hearings when necessary for public health reasons,the public services cap is suspended during the emergency, and States and local governments may reimburse costs of eligible activities incurred for pandemic response regardless of the date. In addition,the CARES Act authorizes the HUD Secretary to grant waivers and alternative requirements of statutes and regulations the HUD Secretary administers in connection with the use of CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to fair housing,nondiscrimination, labor standards, and the environment). Waivers and alternative requirements can be granted when necessary to expedite and facilitate the use of funds to prevent, www.hud.8ge 15 ofeol.hud.gov • prepare for, and respond to coronavirus. The CDBG CARES Act Federal Register Notice(FR-6218-N-01)was released on August 10, 2020. The notice describes the allocations and grant procedures applicable to the CDBG-CV grants. It also describes the program flexibilities,waivers, and alternative requirements that apply to the CDBG-CV grants as well as the fiscal year 2019 and 2020 CDBG grants. As further such flexibilities become available,they will be posted on HUD's website and distributed to grantees. The Department will also support grantees with technical assistance. As you develop your plan for the use of these grant funds,we encourage you to consider approaches that prioritize the unique needs of low-and moderate—income persons and the development of partnerships between all levels of government and the private for-profit and non- profit sectors. You should coordinate with state and local health authorities before undertaking any activity to support state or local pandemic response. CDBG-CV grants will be subject to oversight, reporting, and the requirement that each grantee have adequate procedures to prevent the duplication of benefits (DOB). HUD will provide guidance and technical assistance on DOB,the prevention of fraud,waste, and abuse, and on documenting the impact of this program for beneficiaries. Reminder, all CPD Grantees must ensure they maintain active Dun and Bradstreet Numbering System(DUNS)numbers in the System for Award Management(SAM)system. Entities must have an active and unexpired DUNS before execution of grant agreements to avoid delays in the obligation of funds-which will delay your ability to drawdown funds in the Integrated Disbursement&Information System(IDIS). Grantees are required to maintain an active SAMs registration by re-activating their DUNS number annually in the SAM system for the entire drawdown period of their grants. DUNS numbers can be registered and renewed each year at the following website: https://www.sam.gov/SAM/. The Office of Community Planning and Development(CPD)is looking forward to working with you to successfully meet the urgent and complex challenges faced by our communities. If you or any member of your staff has questions,please contact your local CPD Field Office Director or CPDQuestionsAnswered(ll hud.gov. Sincerely, John Gibbs Acting Assistant Secretary for Community Planning and Development U.S. Department of Housing and Urban Development Page 16 of 370