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R20-059 RESOLUTION R20-059 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING FIRST AMENDMENT TO FY 2019-2020 5 ACTION PLAN AND SECOND AMENDMENT TO CITIZEN 6 PARTICIPATION PLAN TO IMPLEMENT CDBG CARES ACT 7 SMALL BUSINESS GRANT PROGRAM; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, on April 2, 2020, the U.S. Department of Housing and Urban 12 Development informed the City of an award of $351,815 in supplemental Community 13 Development Block Grant (CDBG) funding for grants to prevent, prepare for, and respond to 14 the coronavirus pandemic, (CDBG-CV grants)which were made available through the CARES 1$ Act; and 16 WHEREAS, under the City's Citizen Participation Plan, as amended, a substantial 17 amendment is required for the City to quickly receive and administer these funds to meet the 18 needs of the City's low- and moderate-income (LMI) households and individuals (80%or less 19 of the Palm Beach County Area Median Income); and 210 WHEREAS, under the proposed amendment, the CDBG-CV funds will be allocated 21 by adding the following activity: 22 Small Business Grant Program: $351,815 Allocate funding to provide grants of up to$10,000 to enable small businesses 24 (25 or less employees)or micro-enterprises (five or less employees including 25 owner) to invest and survive the coronavirus pandemic through the payment 26 of payroll, commercial lease payments, COVID-19 safety requirements, and 27 inventory. Businesses must be located in the City limits and cannot have 28 received a Paycheck Protection Loan or other COVID-19 related assistance. 25 3C WHEREAS, as part of this amendment, the City has revised the Consolidated Plan's 31 Citizen Participation Plan to include the 5-day comment period and virtual hearings. S:\CA\RESO\Amendments to CDBG One Year Action Plan 2019-20 and Small Business Grant Program-Reso.docx 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as • being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach,Florida does hereby approve the First Amendment to FY 2019-2020 Action Plan and Second Amendment to Citizen Participation Plan to Implement CDBG CARES ACT Small Business Grant Program, copies of which are attached hereto as Exhibit"A"and"B"respectively. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 101day of June, 2020. CITY OF BOYNTON BEACH, FLORIDA • YES NO Mayor—Steven B. Grant Vice Mayor—Ty Penserga .l Commissioner—Justin Katz Commissioner—Woodrow L. Hay ✓ Commissioner—Christina L. Romelus VOTE S-0 • ATTEST: Cry tal Gibson, MMC `' } " City Clerk i Q Cs, , �.. • o (Corporate Seal) S:\CA\RESO\Amendments to CDBG One Year ActiqPl i0t 4 , and Small Business Grant Program-Reso.docx -TY Q CITY OF BOYNTON BEACH Exhibit"A" Community Development Block Grant (CDBG) o *toss G4'4, CARE ACT - COVID-19 Small Business Grant Program Program Time Period: Participation Guidelines Maximum Assistance: Up to $10,000.00 (Subject to Funds Availability) Eligible Business: Any small business with 25 or less employees) located in the City limits of Boynton Beach affected by COVID-19 and has not receive Paycheck Protection Loan (PPL)and/or other COVID-19 related assistance. Eligibility Criteria: • Applications will be processed on a First Qualified, First Served basis. • Businesses are eligible to apply for assistance one time ONLY. • Businesses with 25 or less employees. • Businesses must have been operating since October 1, 2019 and still operating as of March 1, 2020. • Business must not be a publicly traded company. • Total gross receipts of business are less than 3 million. • Must be located within the City of Boynton Beach city limits. • Businesses must be located outside of the Boynton Beach CRA area. • Must be a privately held for-profit business or a sole proprietor(Non-Profits are ineligible). • Must have an active City of Boynton Beach Business Tax Receipt (BTR). • Must be registered with SunBiz.org. • Home based business may only use the loan for payroll expenses and are not eligible for rent or utility expenses. • If any individual is the Principal/Owner for more than one eligible business, the Principal/owner may only sign the application on behalf of one business. (Note:this means that if one or more eligible businesses have a Principal/Owner in common, only one of those businesses may apply for the Program, even if the business(es) has(have) more than one Principal/Owner). • All supporting documentation must be in the same name as indicated BTR. • Applications will not be considered until all required documentation is submitted to the City. Eligible Reimbursable Uses: • Salaries/Payroll. • Commercial Lease, Commercial Mortgage, or Commercial Rental Payments. • Commercial Utility Payment. • Expenses due to new COVID 19 Safety provision. • Inventory. Page 1 of 2 Required Documentation: • Signed Request for Funding Application with all the disclosures, and certifications. • Copy of current/active City of Boynton Beach Business Tax Receipt. • Copy of current/active Registered Business on SunBiz.org. • A description of the impact of COVID-19 on your business—must demonstrate loss of revenue. Must include supporting financial statements (bank statements, cash flow statement, 2019 and/or 2018 tax returns and schedules accounting documents, etc.). • Documentation to support the applicant's request for funding payroll, rent/mortgage, or utility expenses. o Examples include, but are not limited to invoices, receipts, paystubs, utility bills or other acceptable evidence of payment or expenses associated with the loan request. Applicants may redact sensitive information such as employee names, addresses, identification numbers, etc. • Executed Leased Agreement (if applicable). • Most Recent Utility Statement (if applicable). • Most Recent Mortgage Statement (if applicable). • Completed Boynton Beach Business Assessment Survey. • Promissory Note. PROGRAM ADMINISTRATION: • Applicant(s) will be selected on a first-qualified, first-served basis. • Any funds expended prior to April 1, 2020 are ineligible for program funding. • The City of Boynton Beach Community Improvement Division (CID) will partner with the City of Boynton Beach Economic Development Department to process the business grant application. When all conditions of the program are met, the City of Boynton Beach Community Improvement staff will coordinate the Closing, and forward payment to appropriate entity. Page 2 of 2 Exhibit"B" CITY OF BOYNTON BEACH CITIZEN PARTICIPATION PLAN AMENDED 3/7/13 (1ST AMENDMENT) AMENDED 6/9/20(2ND AMENDMENT) 2"d Amendment (pages 1 and 5) -June 9, 2020—Citizen Participation Plan for the COVID-19 Disaster Declaration Coronavirus Health Crisis of 2020 Pandemic Response Per federal regulations at 24 CFR 91.105, the City of Boynton Beach must adopt a Citizen Participation Plan (CPP) that sets forth its policies and procedures for citizen participation and gives its citizens "Reasonable Notice and Opportunity to Comment" on the management and use of federal grant funds received from the U.S. Housing and Urban Development (HUD). When a change in federal regulations or programs require changes in the CPP and community input, the CPP may need to be amended, go through a community input process on the amendment, and adopted by the City's authorizing body. As a result of the unprecedented Coronavirus health crisis of 2020 and its impact on the U.S. economy, Congress approved the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136) and made available supplemental Community Development Block Grant (CDBG), Emergency Solution Grant (ESG) and Housing Opportunities for Persons With Aids (HOPWA) funding for grants to prevent, prepare for, and respond to Coronavirus (CV grants). The CARES Act also provides the City with the flexibility to make it easier to use CARES Act grant funds and fiscal years 2019 and 2020 grants for expeditious Coronavirus response by authorizing HUD to grant waivers and alternative requirements for specified periods as noted below. Due to the need for expediting distribution of new funding under the CARES Act, and national/local recommended social distancing guidelines and stay at home orders, HUD has authorized grantees such as the City of Boynton Beach to amend its CPP to establish expedited procedures and waive in-person public meetings. The CPP is hereby amended to include the following changes: • In response to the Covid-19 Disaster Declaration, in a Memorandum issued March 31, 2020, HUD has waived the 30-day minimum for the required public comment period. It now allows for a 5-day comment period on substantial amendments to the Consolidated Plan/Action Plans through the end of the City's 2020 program year. The City will shorten its public comment period from 1 30 to 5 days. If the City wishes to make further amendments to prior plans following the 2020 program year, the City can do so during the development of FY 2021 Annual Action Plan. • Includes virtual hearings as an allowed citizen participation method for public meetings and focus groups. If virtual hearings are used, real-time responses must be facilitated and accommodations for persons with disabilities and/or with limited English proficiency will be made available to the greatest extent possible with reasonable notice. • Updates the types of declared disasters or emergency events to include terrorism and infectious diseases, such as the recent Coronavirus 19 (COVID- 19) pandemic,that may necessitate expedited substantial amendments. • Includes by reference provisions relative to Consolidated Plan citizen participation, and Community Development Block Grant (CDBG) waivers made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. • Provides details on possible actions, including reprogramming of funding, addition of funding to related activities, changes in scope of activities, and types of possible activities that may be undertaken in response to the declared disasters or emergency events such as COVID-19 pandemic. • Makes minor edits that do not change the current intent and policies of the CPP. Applicability and Adoption The following Citizen Participation Plan has been developed in compliance with 24 CFR 91.105. The plan sets forth the City's policies and procedures for Citizen Participation as it relates to the federally required Consolidated Plan (all references to the Consolidated Plan also applies to the Annual Action Plan). The City of Boynton Beach will exert every effort to make sure that all citizens of the community, including members of racial and ethnic minorities, persons with limited English Proficiency, and people with disabilities will be vigorously encouraged to participate in all planning stages of the consolidated planning process, substantial amendments to the plan, and performance review process, as specified in 24 CFR 91.105 (a) (2) (ii). The City especially encourages participation by citizens of low, very low and extremely low-income neighborhoods (particularly those within the CDBG target areas). 2 I In the absence of its own Housing Authority, the City of Boynton Beach also encourages consultation with the Palm Beach County Housing Authority, The Delray Beach Housing Authority, the City of West Palm Beach Housing Authority, the participation of tenants of the Authority's developments, residents of Section 8 subsidized housing, minorities and non-English speaking persons, persons with mobility, visual, and hearing impairments. Adoption of the Consolidated Plan 1. Prior to adoption of the Consolidated Plan, the City of Boynton Beach will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the City expects to receive (including grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low, very low, and extremely low income. This information will be disseminated through the following methods: • Churches, synagogues, and other religious institutions • Nonprofit social service agencies which provide services to residents of CDBG area • Day care centers with high populations of persons with limited English Proficiency • Newspapers of general circulation • Newspapers and radio stations marketed specifically to citizens with limited English proficiency The City of Boynton Beach will also use the city's utility billing system as a way of marketing CDBG affected programs. 2. To assure the public adequate time and opportunity to comment on the contents of the Consolidated Plan, the City shall publish notice of the proposed Plan in the local newspaper and shall make copies available for public inspection at the Public Library and City Hall. The notice shall describe the purpose of the Plan and shall include the location where copies of the Plan may be fully examined. Upon request, copies of the Plan shall be made available to groups and citizens at no charge. 3. One public hearing shall be held during the development of the Consolidated Plan. 4. A period of not less than 30 days shall be established to receive comments from citizens on the Consolidated Plan. 3 5. The City shall consider any comments or views of citizens received in writing, or verbally at the public hearing, in preparing the final version of the Plan. A summary of these comments or views not accepted and the reasons, therefore, shall be attached to the final Consolidated Plan. Amendments to the Consolidated Plan 1. A substantial amendment to the Consolidated Plan shall be defined as the elimination of a previously approved activity or a reduction in funding (by more than 20%) of a previously publicized activity in order to accommodate the funding of another Community Development Block Grant (CDBG) eligible activity. 2. The City shall publish in a local newspaper, details of the substantial amendment and provide the public with adequate time to comment on the amendment. The public shall be provided with not less than 30 15 days to provide comments prior to implementation of the amendment. 3. The City shall consider any comments or views of citizens received in writing, or verbally at public hearings, if any, in preparing the substantial amendment to the Consolidated Plan. A summary of these comments or views and a summary of any comments or views not accepted and the reasons, therefore, shall be attached to the substantial amendment to the Consolidated Plan. Performance Reports 1. The City shall provide the public with reasonable opportunity to comment on performance reports by publishing in the local newspaper the availability of said reports and providing the public with not less than 15 days to comment on the reports, prior to submission to HUD. 2. The City shall consider any comments or views of citizens received in writing, or verbally at public hearings preparing the performance report. A summary of these comments or views shall be attached to the performance report. Public Hearings 1. The City shall provide for at least two public hearings per year to obtain citizens' and public agencies' views and comments. One public hearing shall be held at an appropriate time of the program year so that citizens may review program performance, and another hearing shall be held prior to submission of the Consolidated Plan in order to provide opportunity for citizens to comment on housing and community development needs and to review proposed uses of funds. 4 2. At least a one-week advance notice of each public hearing shall be provided to the public. These notices shall be published in a local newspaper. 3. Public hearings shall be held at times and locations convenient to potential and actual beneficiaries and in accordance with the provisions of the ADA with accommodations for persons with disabilities and auxiliary aids or services will be provided upon request with at least three (3) days notice. Hearing impaired citizens may contact the Community Improvement Department of the City of Boynton Beach at (561)742-6066 through the Florida Relay Service numbers at (800) 955-8771 (TTY) or (800) 955-8770 (Voice)for assistance. 4. The City will provide appropriate auxiliary aides and services that are necessary to afford individuals with hearing and vision impairments an equal opportunity to access and participate in such hearings. These may include effective methods that make aurally delivered information available to individuals who are deaf or hard of hearing, and visually delivered materials available to individuals who are blind or have low vision. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. To be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability 5. These public hearings shall be held during convenient hours at City Hall or public facilities located within the CDBG target areas. 6. Interpreters shall be provided upon request. Meetings Reasonable and timely access to local meetings shall be provided to the public. Availability to the Public In accordance with the Americans with Disabilities Act, the adopted consolidated Plan, substantial amendments, and performance reports may be obtained in an alternative format. To obtain an alternative format of either document people may contact the Division of Community Improvement, 100 East Boynton Beach Blvd., Boynton Beach, Florida, 33435. The telephone number of the office is (561) 742-6066. 5 Access to Records The City shall provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to the Consolidated Plan and the use of funds under programs covered by 24 CFR Part 91 during the preceding five years. Technical Assistance The City shall provide technical assistance to groups representative of persons of low, very low and extremely low income that request such assistance in developing proposals for funding under any of the programs covered by the Consolidated Plan, with the level and type of assistance determined by the City of Boynton Beach. The assistance need not include the provision of funds to the group. Complaints Complaints relating to the City's Consolidated Plan, Amendments and Performance Reports should be submitted in writing to: The City of Boynton Beach Community Improvement Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 The City shall respond to all written complaints and grievances within 15 working days, when practical. 6