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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/2021 - FIRST READING OF ORDINANCE NO. 079, 2021, MAKING S Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY June 15, 2021 City Council STAFF Blaine Dunn, Accounting Director SeonAh Kendall, Recovery Manager/Sr. Economic Health Manager Travis Storin, Chief Finance Officer Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 079, 2021, Making Supplemental Appropriations of a Portion of the City's American Rescue Plan Act Funding for Local Fiscal Recovery Related to Response to and Recovery From the COVID-19 Pandemic. EXECUTIVE SUMMARY The purpose of this item is to appropriate $4,217,846 (equivalent to fifteen percent) of the funds the City will receive from the American Rescue Plan Act’s Coronavirus State and Local Fiscal Recovery Fund (“ARPA”). The appropriated amount will be used to address immediate and short-term needs in response to the COVID- 19 public health emergency and its negative impact to our community’s health, social wellbeing and economy. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On March 11, 2021, President Joe Biden signed into law the American Rescue Plan Act of 2021 to support the U.S. recovery from the economic and health effects of the COVID -19 pandemic. ARPA builds upon many of the measures in the CARES Act of March 2020 and the Consolidated Appropriations Act, 2021. On May 10, 2021, the U.S. Department of the Treasury (“Treasury”) announced the launch of the Coronavirus State and Local Fiscal Recovery Fund (“ARPA”), established by the American Rescue Plan Act of 2021, to provide emergency funding for state, local, territorial, and Tribal governments. On May 17, 2021, Treasury issued an interim final rule (“Rule”) establishing a framework for determining the types of programs and services that are eligible for funding under AR PA along with examples of uses that local governments may consider. It should be noted that Treasury is seeking public comment on all aspects of the Rule until July 16, 2021. Staff will monitor for any changes to the Rule as well as any additional regulat ions or official guidance. ARPA funds provide more flexibility to meet local needs than the CARES Act Coronavirus Relief Fund (“CVRF”) money the City received in 2020. The Rule’s allowable use of ARPA funds include (Attachment 1): • Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; • Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector; Agenda Item 4 Item # 4 Page 2 • Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; • Provide premium pay for essential workers, by offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and • Invest in water, sewer, and broadband infrastructure, by making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. The City will receive an allocation of ARPA funds totaling $28,118,971. The City received fif ty percent of that allocation ($14,059,486) on May 19, 2021. Staff anticipates the remaining fifty percent will be received in May 2022. On May 25, 2021 at a Council work session, staff discussed with Council the timeline of the City’s recovery plan and ARPA. At the work session, staff recommended that fifteen percent of the total allocated amount of ARPA funds be made available to meet current and short -term needs arising from the pandemic impacts. Councilmembers expressed a willingness to move forward with the recommended 15/85 allocation of ARPA to address current needs while staff continues developing the recovery plan. Adoption of the ordinance will appropriate the fifteen percent of the total ARPA allocation. City staff has identified some current needs for use of the 15% allocation to include, but not be limited to, workforce development business support for disadvantaged businesses, business navigation programs, supportive assistance to those experiencing homelessness, utility, mortgage, and renta l assistance for those that do not meet the income qualification requirement for assistance from Neighbor to Neighbor. The pandemic’s impacts have been uneven and uncertain, so the ability to be nimble with the use of the 15% allocation as short-term funds is key. City staff have also identified other needs for the use of the 85% allocation as long-term recovery ARPA funds, including but not limited to, water/sewer infrastructure improvements in low-income areas, affordable housing and childcare, mental health assistance, connectivity (such as sidewalks) in low-income areas and other financial support and expenditures for continued response and recovery from COVID. Council will be able to direct these long-term funds through the Fort Collins Recovery Plan that staff is developing. Consistent with the Council discussion at the May 25th work session, staff will strive to avoid utilizing ARPA funding for budget shortfalls from the 2020 budget cuts and use of reserves. There are several "watch list" Funds for which revenue is particularly strained, including Recreation, Parking, and Self -insurance. It is possible that the 2022 City Manager's Recommended Budget will propose utilizing ARPA funding to address budget shortfalls on a targeted basis, but this will be c learly identified for Council’s consideration. Process for Social and Economic Recovery Grants As subrecipients of the City, eligible organizations and entities will need to apply to the City for awards and meet the same eligibility and intent requirements of ARPA and applicable federal regulations and guidance. Staff is currently awaiting Treasury guidance on requirements for procurement and subrecipient awards. Staff is also currently developing Frequently Asked Questions (FAQs) (Attachment 2) and grant criteria for public release. A Recovery Core Team has been created that will prioritize and provide direction and oversight of the awards and report to Council on grantees and awards. Rental and Utility Assistance As requested by Mayor Pro Tem Gorgol at the May 25th work session, information is provided here regarding other entities’ programs to address housing and utility assistance. Larimer County was awarded an estimated $10,000,000 from the federal Consolidated Appropriations Act (2021) passed on December 2020, which the County intends to use for its Emergency Rental and Utility Assistance Program (“ERAP”). The ERAP is being administered by Neighbor to Neighbor and is currently Agenda Item 4 Item # 4 Page 3 supporting those households at or below 80% of the area median income. An overview of the ERAP is included with this AIS (Attachment 4). Assistance for homeowners and higher income renters is temporarily paused. In addition, the State of Colorado is due to receive an estimated $175,000,000 from the Treasury to support the Homeowner Assistance Fund and an estimated $385,000,000 to support the Emergency Rental Assistance Program. The State is awaiting guidance on the distribution of those funds. Additionally, the City will be receiving approximately $2,600,000 in ARPA funds al located through the federal HOME Investment Partnerships Program to address some long -term tenant-based rent assistance, development of affordable housing, and other supportive services to serve populations that have greatest risk of housing instability. Staff is awaiting additional guidance specific to the ARPA HOME funds. CITY FINANCIAL IMPACTS Staff will continue to evaluate Treasury guidance as it evolves to determine the best use of the funds. The City will seek to use the funds appropriated here for immediate needs as described above, including for the reimbursement of expenses the City has not yet incurred. Staff plans to use these funds to address immediate and short-term needs in response to the COVID-19 public health emergency. Once the City has finalized a recovery plan, staff will bring an additional appropriation forward for Council’s consideration for the remainder of the ARPA allocation. Of the $28,118,971 in ARPA funds the City has been allocated, the City is appropriating $4,217,846, o r fifteen percent, to the General Fund for immediate and short-term needs to address the COVID-19 pandemic impacts. ATTACHMENTS 1. FACT SHEET: The Coronavirus State and Local Recovery Fund (PDF) 2. Frequently Asked Questions: Coronavirus State and Local Fiscal Recovery Fund (PDF) 3. Financial Assistance Agreement (PDF) 4. Larimer County Emergency Rent Assistance Program Overview (PDF) 5. Work Session Summary - City Recovery Plan (PDF) 1 FACT SHEET: The Coronavirus State and Local Fiscal Recovery Funds Will Deliver $350 Billion for State, Local, Territorial, and Tribal Governments to Respond to the COVID-19 Emergency and Bring Back Jobs May 10, 2021 Aid to state, local, territorial, and Tribal governments will help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery Today, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. Treasury also released details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among these governments, and support the communities and populations hardest-hit by the COVID-19 crisis. With the launch of the Coronavirus State and Local Fiscal Recovery Funds, eligible jurisdictions will be able to access this funding in the coming days to address these needs. State, local, territorial, and Tribal governments have been on the frontlines of responding to the immense public health and economic needs created by this crisis – from standing up vaccination sites to supporting small businesses – even as these governments confronted revenue shortfalls during the downturn. As a result, these governments have endured unprecedented strains, forcing many to make untenable choices between laying off educators, firefighters, and other frontline workers or failing to provide other services that communities rely on. Faced with these challenges, state and local governments have cut over 1 million jobs since the beginning of the crisis. The experience of prior economic downturns has shown that budget pressures like these often result in prolonged fiscal austerity that can slow an economic recovery. To support the immediate pandemic response, bring back jobs, and lay the groundwork for a strong and equitable recovery, the American Rescue Plan Act of 2021 established the Coronavirus State and Local Fiscal Recovery Funds, designed to deliver $350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVID-19 emergency and its economic impacts. Today, Treasury is launching this much-needed relief to: •Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control; •Replace lost public sector revenue to strengthen support for vital public services and help retain jobs; •Support immediate economic stabilization for households and businesses; and, •Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations. The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs—including support for households, small businesses, impacted industries, essential workers, and the communities hardest-hit by the crisis. These funds also deliver resources that recipients can invest in building, maintaining, or upgrading their water, sewer, and broadband infrastructure. ATTACHMENT 1 2 Starting today, eligible state, territorial, metropolitan city, county, and Tribal governments may request Coronavirus State and Local Fiscal Recovery Funds through the Treasury Submission Portal. Concurrent with this program launch, Treasury has published an Interim Final Rule that implements the provisions of this program. FUNDING AMOUNTS The American Rescue Plan provides a total of $350 billion in Coronavirus State and Local Fiscal Recovery Funds to help eligible state, local, territorial, and Tribal governments meet their present needs and build the foundation for a strong recovery. Congress has allocated this funding to tens of thousands of jurisdictions. These allocations include: Type Amount ($ billions) States & District of Columbia $195.3 Counties $65.1 Metropolitan Cites $45.6 Tribal Governments $20.0 Territories $4.5 Non-Entitlement Units of Local Government $19.5 Treasury expects to distribute these funds directly to each state, territorial, metropolitan city, county, and Tribal government. Local governments that are classified as non-entitlement units will receive this funding through their applicable state government. Treasury expects to provide further guidance on distributions to non-entitlement units next week. Local governments should expect to receive funds in two tranches, with 50% provided beginning in May 2021 and the balance delivered 12 months later. States that have experienced a net increase in the unemployment rate of more than 2 percentage points from February 2020 to the latest available data as of the date of certification will receive their full allocation of funds in a single payment; other states will receive funds in two equal tranches. Governments of U.S. territories will receive a single payment. Tribal governments will receive two payments, with the first payment available in May and the second payment, based on employment data, to be delivered in June 2021. USES OF FUNDING Coronavirus State and Local Fiscal Recovery Funds provide eligible state, local, territorial, and Tribal governments with a substantial infusion of resources to meet pandemic response needs and rebuild a stronger, more equitable economy as the country recovers. Within the categories of eligible uses, recipients have broad flexibility to decide how best to use this funding to meet the needs of their communities. Recipients may use Coronavirus State and Local Fiscal Recovery Funds to: 3 • Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; • Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector; • Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; • Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and, • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. Within these overall categories, Treasury’s Interim Final Rule provides guidelines and principles for determining the types of programs and services that this funding can support, together with examples of allowable uses that recipients may consider. As described below, Treasury has also designed these provisions to take into consideration the disproportionate impacts of the COVID-19 public health emergency on those hardest-hit by the pandemic. 1. Supporting the public health response Mitigating the impact of COVID-19 continues to require an unprecedented public health response from state, local, territorial, and Tribal governments. Coronavirus State and Local Fiscal Recovery Funds provide resources to meet these needs through the provision of care for those impacted by the virus and through services that address disparities in public health that have been exacerbated by the pandemic. Recipients may use this funding to address a broad range of public health needs across COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources. Among other services, these funds can help support: • Services and programs to contain and mitigate the spread of COVID-19, including:  Vaccination programs  Medical expenses  Testing  Contact tracing  Isolation or quarantine  PPE purchases  Support for vulnerable populations to access medical or public health services  Public health surveillance (e.g., monitoring for variants)  Enforcement of public health orders  Public communication efforts  Enhancement of healthcare capacity, including alternative care facilities  Support for prevention, mitigation, or other services in congregate living facilities and schools  Enhancement of public health data systems  Capital investments in public facilities to meet pandemic operational needs  Ventilation improvements in key settings like healthcare facilities 4 • Services to address behavioral healthcare needs exacerbated by the pandemic, including:  Mental health treatment  Substance misuse treatment  Other behavioral health services  Hotlines or warmlines  Crisis intervention  Services or outreach to promote access to health and social services • Payroll and covered benefits expenses for public health, healthcare, human services, public safety and similar employees, to the extent that they work on the COVID-19 response. For public health and safety workers, recipients can use these funds to cover the full payroll and covered benefits costs for employees or operating units or divisions primarily dedicated to the COVID-19 response. 2. Addressing the negative economic impacts caused by the public health emergency The COVID-19 public health emergency resulted in significant economic hardship for many Americans. As businesses closed, consumers stayed home, schools shifted to remote education, and travel declined precipitously, over 20 million jobs were lost between February and April 2020. Although many have since returned to work, as of April 2021, the economy remains more than 8 million jobs below its pre- pandemic peak, and more than 3 million workers have dropped out of the labor market altogether since February 2020. To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range of assistance to individuals and households, small businesses, and impacted industries, in addition to enabling governments to rehire public sector staff and rebuild capacity. Among these uses include: • Delivering assistance to workers and families, including aid to unemployed workers and job training, as well as aid to households facing food, housing, or other financial insecurity. In addition, these funds can support survivor’s benefits for family members of COVID-19 victims. • Supporting small businesses, helping them to address financial challenges caused by the pandemic and to make investments in COVID-19 prevention and mitigation tactics, as well as to provide technical assistance. To achieve these goals, recipients may employ this funding to execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable small businesses to rebound from the downturn. • Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend. Similarly impacted sectors within a local area are also eligible for support. • Rebuilding public sector capacity, by rehiring public sector staff and replenishing unemployment insurance (UI) trust funds, in each case up to pre-pandemic levels. Recipients may also use this funding to build their internal capacity to successfully implement economic relief programs, with investments in data analysis, targeted outreach, technology infrastructure, and impact evaluations. 5 3. Serving the hardest-hit communities and families While the pandemic has affected communities across the country, it has disproportionately impacted low-income families and communities of color and has exacerbated systemic health and economic inequities. Low-income and socially vulnerable communities have experienced the most severe health impacts. For example, counties with high poverty rates also have the highest rates of infections and deaths, with 223 deaths per 100,000 compared to the U.S. average of 175 deaths per 100,000. Coronavirus State and Local Fiscal Recovery Funds allow for a broad range of uses to address the disproportionate public health and economic impacts of the crisis on the hardest-hit communities, populations, and households. Eligible services include: • Addressing health disparities and the social determinants of health, through funding for community health workers, public benefits navigators, remediation of lead hazards, and community violence intervention programs; • Investments in housing and neighborhoods, such as services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity; • Addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering educational services like tutoring or afterschool programs as well as services to address social, emotional, and mental health needs; and, • Promoting healthy childhood environments, including new or expanded high quality childcare, home visiting programs for families with young children, and enhanced services for child welfare-involved families and foster youth. Governments may use Coronavirus State and Local Fiscal Recovery Funds to support these additional services if they are provided: • within a Qualified Census Tract (a low-income area as designated by the Department of Housing and Urban Development); • to families living in Qualified Census Tracts; • by a Tribal government; or, • to other populations, households, or geographic areas disproportionately impacted by the pandemic. 4. Replacing lost public sector revenue State, local, territorial, and Tribal governments that are facing budget shortfalls may use Coronavirus State and Local Fiscal Recovery Funds to avoid cuts to government services. With these additional resources, recipients can continue to provide valuable public services and ensure that fiscal austerity measures do not hamper the broader economic recovery. 6 Many state, local, territorial, and Tribal governments have experienced significant budget shortfalls, which can yield a devastating impact on their respective communities. Faced with budget shortfalls and pandemic-related uncertainty, state and local governments cut staff in all 50 states. These budget shortfalls and staff cuts are particularly problematic at present, as these entities are on the front lines of battling the COVID-19 pandemic and helping citizens weather the economic downturn. Recipients may use these funds to replace lost revenue. Treasury’s Interim Final Rule establishes a methodology that each recipient can use to calculate its reduction in revenue. Specifically, recipients will compute the extent of their reduction in revenue by comparing their actual revenue to an alternative representing what could have been expected to occur in the absence of the pandemic. Analysis of this expected trend begins with the last full fiscal year prior to the public health emergency and projects forward at either (a) the recipient’s average annual revenue growth over the three full fiscal years prior to the public health emergency or (b) 4.1%, the national average state and local revenue growth rate from 2015-18 (the latest available data). For administrative convenience, Treasury’s Interim Final Rule allows recipients to presume that any diminution in actual revenue relative to the expected trend is due to the COVID-19 public health emergency. Upon receiving Coronavirus State and Local Fiscal Recovery Funds, recipients may immediately calculate the reduction in revenue that occurred in 2020 and deploy funds to address any shortfall. Recipients will have the opportunity to re-calculate revenue loss at several points through the program, supporting those entities that experience a lagged impact of the crisis on revenues. Importantly, once a shortfall in revenue is identified, recipients will have broad latitude to use this funding to support government services, up to this amount of lost revenue. 5. Providing premium pay for essential workers Coronavirus State and Local Fiscal Recovery Funds provide resources for eligible state, local, territorial, and Tribal governments to recognize the heroic contributions of essential workers. Since the start of the public health emergency, essential workers have put their physical well-being at risk to meet the daily needs of their communities and to provide care for others. Many of these essential workers have not received compensation for the heightened risks they have faced and continue to face. Recipients may use this funding to provide premium pay directly, or through grants to private employers, to a broad range of essential workers who must be physically present at their jobs including, among others:  Staff at nursing homes, hospitals, and home-care settings  Workers at farms, food production facilities, grocery stores, and restaurants  Janitors and sanitation workers  Public health and safety staff  Truck drivers, transit staff, and warehouse workers  Childcare workers, educators, and school staff  Social service and human services staff Treasury’s Interim Final Rule emphasizes the need for recipients to prioritize premium pay for lower income workers. Premium pay that would increase a worker’s total pay above 150% of the greater of the state or county average annual wage requires specific justification for how it responds to the needs of these workers. 7 In addition, employers are both permitted and encouraged to use Coronavirus State and Local Fiscal Recovery Funds to offer retrospective premium pay, recognizing that many essential workers have not yet received additional compensation for work performed. Staff working for third-party contractors in eligible sectors are also eligible for premium pay. 6. Investing in water and sewer infrastructure Recipients may use Coronavirus State and Local Fiscal Recovery Funds to invest in necessary improvements to their water and sewer infrastructures, including projects that address the impacts of climate change. Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines. Recipients may also use this funding to invest in wastewater infrastructure projects, including constructing publicly-owned treatment infrastructure, managing and treating stormwater or subsurface drainage water, facilitating water reuse, and securing publicly-owned treatment works. To help jurisdictions expedite their execution of these essential investments, Treasury’s Interim Final Rule aligns types of eligible projects with the wide range of projects that can be supported by the Environmental Protection Agency’s Clean Water State Revolving Fund and Drinking Water State Revolving Fund. Recipients retain substantial flexibility to identify those water and sewer infrastructure investments that are of the highest priority for their own communities. Treasury’s Interim Final Rule also encourages recipients to ensure that water, sewer, and broadband projects use strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. 7. Investing in broadband infrastructure The pandemic has underscored the importance of access to universal, high-speed, reliable, and affordable broadband coverage. Over the past year, millions of Americans relied on the internet to participate in remote school, healthcare, and work. Yet, by at least one measure, 30 million Americans live in areas where there is no broadband service or where existing services do not deliver minimally acceptable speeds. For millions of other Americans, the high cost of broadband access may place it out of reach. The American Rescue Plan aims to help remedy these shortfalls, providing recipients with flexibility to use Coronavirus State and Local Fiscal Recovery Funds to invest in broadband infrastructure. Recognizing the acute need in certain communities, Treasury’s Interim Final Rule provides that investments in broadband be made in areas that are currently unserved or underserved—in other words, lacking a wireline connection that reliably delivers minimum speeds of 25 Mbps download and 3 Mbps upload. Recipients are also encouraged to prioritize projects that achieve last-mile connections to households and businesses. Using these funds, recipients generally should build broadband infrastructure with modern technologies in mind, specifically those projects that deliver services offering reliable 100 Mbps download and 100 8 Mbps upload speeds, unless impracticable due to topography, geography, or financial cost. In addition, recipients are encouraged to pursue fiber optic investments. In view of the wide disparities in broadband access, assistance to households to support internet access or digital literacy is an eligible use to respond to the public health and negative economic impacts of the pandemic, as detailed above. 8. Ineligible Uses Coronavirus State and Local Fiscal Recovery Funds provide substantial resources to help eligible state, local, territorial, and Tribal governments manage the public health and economic consequences of COVID-19. Recipients have considerable flexibility to use these funds to address the diverse needs of their communities. To ensure that these funds are used for their intended purposes, the American Rescue Plan Act also specifies two ineligible uses of funds: • States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue due to a change in law from March 3, 2021 through the last day of the fiscal year in which the funds provided have been spent. The American Rescue Plan ensures that funds needed to provide vital services and support public employees, small businesses, and families struggling to make it through the pandemic are not used to fund reductions in net tax revenue. Treasury’s Interim Final Rule implements this requirement. If a state or territory cuts taxes, they must demonstrate how they paid for the tax cuts from sources other than Coronavirus State Fiscal Recovery Funds—by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be paid back to the Treasury. • No recipient may use this funding to make a deposit to a pension fund. Treasury’s Interim Final Rule defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions for employees whose wages and salaries are an eligible use of funds. Treasury’s Interim Final Rule identifies several other ineligible uses, including funding debt service, legal settlements or judgments, and deposits to rainy day funds or financial reserves. Further, general infrastructure spending is not covered as an eligible use outside of water, sewer, and broadband investments or above the amount allocated under the revenue loss provision. While the program offers broad flexibility to recipients to address local conditions, these restrictions will help ensure that funds are used to augment existing activities and address pressing needs. AS OF MAY 27, 2021 1 Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions AS OF MAY 27, 2021 This document contains answers to frequently asked questions regarding the Coronavirus State and Local Fiscal Recovery Funds (CSFRF / CLFRF, or Fiscal Recovery Funds). Treasury will be updating this document periodically in response to questions received from stakeholders. Recipients and stakeholders should consult the Interim Final Rule for additional information. •For overall information about the program, including information on requesting funding, please see https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local- and-tribal-governments •For general questions about CSFRF / CLFRF, please email SLFRP@treasury.gov •Treasury is seeking comment on all aspects of the Interim Final Rule. Stakeholders are encouraged to submit comments electronically through the Federal eRulemaking Portal (https://www.regulations.gov/document/TREAS-DO-2021-0008-0002) on or before July 16, 2021. Please be advised that comments received will be part of the public record and subject to public disclosure. Do not disclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. Questions added 5/27/21: 1.5, 1.6, 2.13, 2.14, 2.15, 3.9, 4.5, 4.6, 10.3, 10.4 (noted with “[5/27]”) 1.Eligibility and Allocations 1.1. Which governments are eligible for funds? The following governments are eligible: •States and the District of Columbia •Territories •Tribal governments •Counties •Metropolitan cities •Non-entitlement units, or smaller local governments 1.2. Which governments receive funds directly from Treasury? Treasury will distribute funds directly to each eligible state, territory, metropolitan city, county, or Tribal government. Smaller local governments that are classified as non- entitlement units will receive funds through their applicable state government. 1.3. Are special-purpose units of government eligible to receive funds? ATTACHMENT 2 AS OF MAY 27, 2021 2 Special-purpose units of local government will not receive funding allocations; however, a state, territory, local, or Tribal government may transfer funds to a special-purpose unit of government. Special-purpose districts perform specific functions in the community, such as fire, water, sewer or mosquito abatement districts. 1.4. How are funds being allocated to Tribal governments, and how will Tribal governments find out their allocation amounts? $20 billion of Fiscal Recovery Funds was reserved for Tribal governments. The American Rescue Plan Act specifies that $1 billion will be allocated evenly to all eligible Tribal governments. The remaining $19 billion will be distributed using an allocation methodology based on enrollment and employment. There will be two payments to Tribal governments. Each Tribal government’s first payment will include (i) an amount in respect of the $1 billion allocation that is to be divided equally among eligible Tribal governments and (ii) each Tribal government’s pro rata share of the Enrollment Allocation. Tribal governments will be notified of their allocation amount and delivery of payment 4-5 days after completing request for funds in the Treasury Submission Portal. The deadline to make the initial request for funds is June 7, 2021. In late-May or shortly after completing the initial request for funds, Tribal governments will receive an email notification to re-enter the Treasury Submission Portal to confirm or amend their 2019 employment numbers that were submitted to the Department of the Treasury for the CARES Act’s Coronavirus Relief Fund. The deadline to confirm employment numbers is June 21, 2021. Treasury will calculate each Tribal government’s pro rata share of the Employment Allocation for those Tribal governments that confirmed or submitted amended employment numbers. In late-June, Treasury will communicate to Tribal governments the amount of their portion of the Employment Allocation and the anticipated date for the second payment. 1.5. My county is a unit of general local government with population under 50,000. Will my county receive funds directly from Treasury? [5/27] Yes. All counties that are units of general local government will receive funds directly from Treasury and should apply via the online portal. The list of county allocations is available here. 1.6. My local government expected to be classified as a nonentitlement unit. Instead, it was classified as a metropolitan city. Why? [5/27] The American Rescue Plan Act defines, for purposes of the Coronavirus Local Fiscal Recovery Fund (CLFRF), metropolitan cities to include those that are currently metropolitan cities under the Community Development Block Grant (CDBG) program but also those cities that relinquish or defer their status as a metropolitan city for purposes AS OF MAY 27, 2021 3 of the CDBG program. This would include, by way of example, cities that are principal cities of their metropolitan statistical area, even if their population is less than 50,000. In other words, a city that is eligible to be a metropolitan city under the CDBG program is eligible as a metropolitan city under the CLFRF, regardless of how that city has elected to participate in the CDBG program. Unofficial allocation estimates produced by other organizations may have classified certain local governments as nonentitlement units of local government. However, based on the statutory definitions, some of these local governments should have been classified as metropolitan cities. 2. Eligible Uses – Responding to the Public Health Emergency / Negative Economic Impacts 2.1. What types of COVID-19 response, mitigation, and prevention activities are eligible? A broad range of services are needed to contain COVID-19 and are eligible uses, including vaccination programs; medical care; testing; contact tracing; support for isolation or quarantine; supports for vulnerable populations to access medical or public health services; public health surveillance (e.g., monitoring case trends, genomic sequencing for variants); enforcement of public health orders; public communication efforts; enhancement to health care capacity, including through alternative care facilities; purchases of personal protective equipment; support for prevention, mitigation, or other services in congregate living facilities (e.g., nursing homes, incarceration settings, homeless shelters, group living facilities) and other key settings like schools; ventilation improvements in congregate settings, health care settings, or other key locations; enhancement of public health data systems; and other public health responses. Capital investments in public facilities to meet pandemic operational needs are also eligible, such as physical plant improvements to public hospitals and health clinics or adaptations to public buildings to implement COVID-19 mitigation tactics. 2.2. If a use of funds was allowable under the Coronavirus Relief Fund (CRF) to respond to the public health emergency, may recipients presume it is also allowable under CSFRF/CLFRF? Generally, funding uses eligible under CRF as a response to the direct public health impacts of COVID-19 will continue to be eligible under CSFRF/CLFRF, with the following two exceptions: (1) the standard for eligibility of public health and safety payrolls has been updated; and (2) expenses related to the issuance of tax-anticipation notes are not an eligible funding use. 2.3. If a use of funds is not explicitly permitted in the Interim Final Rule as a response to the public health emergency and its negative economic impacts, does that mean it is prohibited? AS OF MAY 27, 2021 4 The Interim Final Rule contains a non-exclusive list of programs or services that may be funded as responding to COVID-19 or the negative economic impacts of the COVID-19 public health emergency, along with considerations for evaluating other potential uses of Fiscal Recovery Funds not explicitly listed. The Interim Final Rule also provides flexibility for recipients to use Fiscal Recovery Funds for programs or services that are not identified on these non-exclusive lists but which meet the objectives of section 602(c)(1)(A) or 603(c)(1)(A) by responding to the COVID-19 public health emergency with respect to COVID-19 or its negative economic impacts. 2.4. May recipients use funds to respond to the public health emergency and its negative economic impacts by replenishing state unemployment funds? Consistent with the approach taken in the CRF, recipients may make deposits into the state account of the Unemployment Trust Fund up to the level needed to restore the pre- pandemic balances of such account as of January 27, 2020, or to pay back advances received for the payment of benefits between January 27, 2020 and the date when the Interim Final Rule is published in the Federal Register. 2.5. What types of services are eligible as responses to the negative economic impacts of the pandemic? Eligible uses in this category include assistance to households; small businesses and non- profits; and aid to impacted industries. Assistance to households includes, but is not limited to: food assistance; rent, mortgage, or utility assistance; counseling and legal aid to prevent eviction or homelessness; cash assistance; emergency assistance for burials, home repairs, weatherization, or other needs; internet access or digital literacy assistance; or job training to address negative economic or public health impacts experienced due to a worker’s occupation or level of training. Assistance to small business and non-profits includes, but is not limited to: • loans or grants to mitigate financial hardship such as declines in revenues or impacts of periods of business closure, for example by supporting payroll and benefits costs, costs to retain employees, mortgage, rent, or utilities costs, and other operating costs; • Loans, grants, or in-kind assistance to implement COVID-19 prevention or mitigation tactics, such as physical plant changes to enable social distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19 vaccination, testing, or contact tracing programs; and • Technical assistance, counseling, or other services to assist with business planning needs 2.6. May recipients use funds to respond to the public health emergency and its negative economic impacts by providing direct cash transfers to households? AS OF MAY 27, 2021 5 Yes, provided the recipient considers whether, and the extent to which, the household has experienced a negative economic impact from the pandemic. Additionally, cash transfers must be reasonably proportional to the negative economic impact they are intended to address. Cash transfers grossly in excess of the amount needed to address the negative economic impact identified by the recipient would not be considered to be a response to the COVID-19 public health emergency or its negative impacts. In particular, when considering appropriate size of permissible cash transfers made in response to the COVID-19 public health emergency, state, local, territorial, and Tribal governments may consider and take guidance from the per person amounts previously provided by the federal government in response to the COVID crisis. 2.7. May funds be used to reimburse recipients for costs incurred by state and local governments in responding to the public health emergency and its negative economic impacts prior to passage of the American Rescue Plan? Use of Fiscal Recovery Funds is generally forward looking. The Interim Final Rule permits funds to be used to cover costs incurred beginning on March 3, 2021. 2.8. May recipients use funds for general economic development or workforce development? Generally, not. Recipients must demonstrate that funding uses directly address a negative economic impact of the COVID-19 public health emergency, including funds used for economic or workforce development. For example, job training for unemployed workers may be used to address negative economic impacts of the public health emergency and be eligible. 2.9. How can recipients use funds to assist the travel, tourism, and hospitality industries? Aid provided to tourism, travel, and hospitality industries should respond to the negative economic impacts of the pandemic. For example, a recipient may provide aid to support safe reopening of businesses in the tourism, travel and hospitality industries and to districts that were closed during the COVID-19 public health emergency, as well as aid a planned expansion or upgrade of tourism, travel and hospitality facilities delayed due to the pandemic. Tribal development districts are considered the commercial centers for tribal hospitality, gaming, tourism and entertainment industries. 2.10. May recipients use funds to assist impacted industries other than travel, tourism, and hospitality? Yes, provided that recipients consider the extent of the impact in such industries as compared to tourism, travel, and hospitality, the industries enumerated in the statute. For AS OF MAY 27, 2021 6 example, nationwide the leisure and hospitality industry has experienced an approximately 17 percent decline in employment and 24 percent decline in revenue, on net, due to the COVID-19 public health emergency. Recipients should also consider whether impacts were due to the COVID-19 pandemic, as opposed to longer-term economic or industrial trends unrelated to the pandemic. Recipients should maintain records to support their assessment of how businesses or business districts receiving assistance were affected by the negative economic impacts of the pandemic and how the aid provided responds to these impacts. 2.11. How does the Interim Final Rule help address the disparate impact of COVID-19 on certain populations and geographies? In recognition of the disproportionate impacts of the COVID-19 virus on health and economic outcomes in low-income and Native American communities, the Interim Final Rule identifies a broader range of services and programs that are considered to be in response to the public health emergency when provided in these communities. Specifically, Treasury will presume that certain types of services are eligible uses when provided in a Qualified Census Tract (QCT), to families living in QCTs, or when these services are provided by Tribal governments. Recipients may also provide these services to other populations, households, or geographic areas disproportionately impacted by the pandemic. In identifying these disproportionately-impacted communities, recipients should be able to support their determination for how the pandemic disproportionately impacted the populations, households, or geographic areas to be served. Eligible services include: • Addressing health disparities and the social determinants of health, including: community health workers, public benefits navigators, remediation of lead paint or other lead hazards, and community violence intervention programs; • Building stronger neighborhoods and communities, including: supportive housing and other services for individuals experiencing homelessness, development of affordable housing, and housing vouchers and assistance relocating to neighborhoods with higher levels of economic opportunity; • Addressing educational disparities exacerbated by COVID-19, including: early learning services, increasing resources for high-poverty school districts, educational services like tutoring or afterschool programs, and supports for students’ social, emotional, and mental health needs; and • Promoting healthy childhood environments, including: child care, home visiting programs for families with young children, and enhanced services for child welfare-involved families and foster youth. AS OF MAY 27, 2021 7 2.12. May recipients use funds to pay for vaccine incentive programs (e.g., cash or in-kind transfers, lottery programs, or other incentives for individuals who get vaccinated)? Yes. Under the Interim Final Rule, recipients may use Coronavirus State and Local Fiscal Recovery Funds to respond to the COVID-19 public health emergency, including expenses related to COVID-19 vaccination programs. See forthcoming 31 CFR 35.6(b)(1)(i). Programs that provide incentives reasonably expected to increase the number of people who choose to get vaccinated, or that motivate people to get vaccinated sooner than they otherwise would have, are an allowable use of funds so long as such costs are reasonably proportional to the expected public health benefit. 2.13. May recipients use funds to pay “back to work incentives” (e.g., cash payments for newly employed workers after a certain period of time on the job)? [5/27] Yes. Under the Interim Final Rule, recipients may use Coronavirus State and Local Fiscal Recovery Funds to provide assistance to unemployed workers. See forthcoming 31 CFR 35.6(b)(4). This assistance can include job training or other efforts to accelerate rehiring and thus reduce unemployment, such as childcare assistance, assistance with transportation to and from a jobsite or interview, and incentives for newly employed workers. 2.14. The Coronavirus Relief Fund (CRF) included as an eligible use: "Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency." What has changed in CSFRF/CLFRF, and what type of documentation is required under CSFRF/CLFRF? [5/27] Many of the expenses authorized under the Coronavirus Relief Fund are also eligible uses under the CSFRF/CLFRF. However, in the case of payroll expenses for public safety, public health, health care, human services, and similar employees (hereafter, public health and safety staff), the CSFRF/CLFRF does differ from the CRF. This change reflects the differences between the ARPA and CARES Act and recognizes that the response to the COVID-19 public health emergency has changed and will continue to change over time. In particular, funds may be used for payroll and covered benefits expenses for public safety, public health, health care, human services, and similar employees, including first responders, to the extent that the employee’s time that is dedicated to responding to the COVID-19 public health emergency. For administrative convenience, the recipient may consider a public health and safety employee to be entirely devoted to mitigating or responding to the COVID-19 public health emergency, and therefore fully covered, if the employee, or his or her operating unit or division, is primarily dedicated (e.g., more than half of the employee’s time is dedicated) to responding to the COVID-19 public health emergency. AS OF MAY 27, 2021 8 Recipients may use presumptions for assessing whether an employee, division, or operating unit is primarily dedicated to COVID-19 response. The recipient should maintain records to support its assessment, such as payroll records, attestations from supervisors or staff, or regular work product or correspondence demonstrating work on the COVID-19 response. Recipients need not routinely track staff hours. Recipients should periodically reassess their determinations. 2.15. What staff are included in “public safety, public health, health care, human services, and similar employees”? Would this include, for example, 911 operators, morgue staff, medical examiner staff, or EMS staff? [5/27] As discussed in the Interim Final Rule, funds may be used for payroll and covered benefits expenses for public safety, public health, health care, human services, and similar employees, for the portion of the employee’s time that is dedicated to responding to the COVID-19 public health emergency. Public safety employees would include police officers (including state police officers), sheriffs and deputy sheriffs, firefighters, emergency medical responders, correctional and detention officers, and those who directly support such employees such as dispatchers and supervisory personnel. Public health employees would include employees involved in providing medical and other health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g., laboratory technicians, medical examiner or morgue staff) as well as employees of public health departments directly engaged in matters related to public health and related supervisory personnel. Human services staff include employees providing or administering social services; public benefits; child welfare services; and child, elder, or family care, as well as others. 3. Eligible Uses – Revenue Loss 3.1. How is revenue defined for the purpose of this provision? The Interim Final Rule adopts a definition of “General Revenue” that is based on, but not identical, to the Census Bureau’s concept of “General Revenue from Own Sources” in the Annual Survey of State and Local Government Finances. General Revenue includes revenue from taxes, current charges, and miscellaneous general revenue. It excludes refunds and other correcting transactions, proceeds from issuance of debt or the sale of investments, agency or private trust transactions, and revenue generated by utilities and insurance trusts. General revenue also includes intergovernmental transfers between state and local governments, but excludes intergovernmental transfers from the Federal government, including Federal transfers made via a state to a locality pursuant to the CRF or the Fiscal Recovery Funds. AS OF MAY 27, 2021 9 Tribal governments may include all revenue from Tribal enterprises and gaming operations in the definition of General Revenue. 3.2. Will revenue be calculated on an entity-wide basis or on a source-by-source basis (e.g. property tax, income tax, sales tax, etc.)? Recipients should calculate revenue on an entity-wide basis. This approach minimizes the administrative burden for recipients, provides for greater consistency across recipients, and presents a more accurate representation of the net impact of the COVID- 19 public health emergency on a recipient’s revenue, rather than relying on financial reporting prepared by each recipient, which vary in methodology used and which generally aggregates revenue by purpose rather than by source. 3.3. Does the definition of revenue include outside concessions that contract with a state or local government? Recipients should classify revenue sources as they would if responding to the U.S. Census Bureau’s Annual Survey of State and Local Government Finances. According to the Census Bureau’s Government Finance and Employment Classification manual, the following is an example of current charges that would be included in a state or local government’s general revenue from own sources: “Gross revenue of facilities operated by a government (swimming pools, recreational marinas and piers, golf courses, skating rinks, museums, zoos, etc.); auxiliary facilities in public recreation areas (camping areas, refreshment stands, gift shops, etc.); lease or use fees from stadiums, auditoriums, and community and convention centers; and rentals from concessions at such facilities.” 3.4. What is the time period for estimating revenue loss? Will revenue losses experienced prior to the passage of the Act be considered? Recipients are permitted to calculate the extent of reduction in revenue as of four points in time: December 31, 2020; December 31, 2021; December 31, 2022; and December 31, 2023. This approach recognizes that some recipients may experience lagged effects of the pandemic on revenues. Upon receiving Fiscal Recovery Fund payments, recipients may immediately calculate revenue loss for the period ending December 31, 2020. 3.5. What is the formula for calculating the reduction in revenue? A reduction in a recipient’s General Revenue equals: Max {[Base Year Revenue* (1+Growth Adjustment)(nt12)] - Actual General Revenuet ; 0} Where: AS OF MAY 27, 2021 10 Base Year Revenue is General Revenue collected in the most recent full fiscal year prior to the COVD-19 public health emergency. Growth Adjustment is equal to the greater of 4.1 percent (or 0.041) and the recipient’s average annual revenue growth over the three full fiscal years prior to the COVID-19 public health emergency. n equals the number of months elapsed from the end of the base year to the calculation date. Actual General Revenue is a recipient’s actual general revenue collected during 12-month period ending on each calculation date. Subscript t denotes the calculation date. 3.6. Are recipients expected to demonstrate that reduction in revenue is due to the COVID-19 public health emergency? In the Interim Final Rule, any diminution in actual revenue calculated using the formula above would be presumed to have been “due to” the COVID-19 public health emergency. This presumption is made for administrative ease and in recognition of the broad-based economic damage that the pandemic has wrought. 3.7. May recipients use pre-pandemic projections as a basis to estimate the reduction in revenue? No. Treasury is disallowing the use of projections to ensure consistency and comparability across recipients and to streamline verification. However, in estimating the revenue shortfall using the formula above, recipients may incorporate their average annual revenue growth rate in the three full fiscal years prior to the public health emergency. 3.8. Once a recipient has identified a reduction in revenue, are there any restrictions on how recipients use funds up to the amount of the reduction? The Interim Final Rule gives recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue. Government services can include, but are not limited to, maintenance of infrastructure or pay-go spending for building new infrastructure, including roads; modernization of cybersecurity, including hardware, software, and protection of critical infrastructure; health services; environmental remediation; school or educational services; and the provision of police, fire, and other public safety services. However, paying interest or principal on outstanding debt, replenishing rainy day or other reserve funds, or paying settlements or judgments would not be considered provision of a government service, since these uses of funds do not entail direct provision of services to AS OF MAY 27, 2021 11 citizens. This restriction on paying interest or principal on any outstanding debt instrument, includes, for example, short-term revenue or tax anticipation notes, or paying fees or issuance costs associated with the issuance of new debt. In addition, the overarching restrictions on all program funds (e.g., restriction on pension deposits, restriction on using funds for non-federal match where barred by regulation or statute) would apply. 3.9. How do I know if a certain type of revenue should be counted for the purpose of computing revenue loss? [5/27] As discussed in FAQ #3.1, the Interim Final Rule adopts a definition of “General Revenue” that is based on, but not identical, to the Census Bureau’s concept of “General Revenue from Own Sources” in the Annual Survey of State and Local Government Finances. Recipients should refer to the definition of “General Revenue” included in the Interim Final Rule. See forthcoming 31 CFR 35.3. If a recipient is unsure whether a particular revenue source is included in the Interim Final Rule’s definition of “General Revenue,” the recipient may consider the classification and instructions used to complete the Census Bureau’s Annual Survey. For example, parking fees would be classified as a Current Charge for the purpose of the Census Bureau’s Annual Survey, and the Interim Final Rule’s concept of “General Revenue” includes all Current Charges. Therefore, parking fees would be included in the Interim Final Rule’s concept of “General Revenue.” The Census Bureau’s Government Finance and Employment Classification manual is available here. 4. Eligible Uses – General 4.1. May recipients use funds to replenish a budget stabilization fund, rainy day fund, or similar reserve account? No. Funds made available to respond to the public health emergency and its negative economic impacts are intended to help meet pandemic response needs and provide immediate stabilization for households and businesses. Contributions to rainy day funds and similar reserves funds would not address these needs or respond to the COVID-19 public health emergency, but would rather be savings for future spending needs. Similarly, funds made available for the provision of governmental services (to the extent of reduction in revenue) are intended to support direct provision of services to citizens. Contributions to rainy day funds are not considered provision of government services, since such expenses do not directly relate to the provision of government services. AS OF MAY 27, 2021 12 4.2. May recipients use funds to invest in infrastructure other than water, sewer, and broadband projects (e.g. roads, public facilities)? Under 602(c)(1)(C) or 603(c)(1)(C), recipients may use funds for maintenance of infrastructure or pay-go spending for building of new infrastructure as part of the general provision of government services, to the extent of the estimated reduction in revenue due to the public health emergency. Under 602(c)(1)(A) or 603(c)(1)(A), a general infrastructure project typically would not be considered a response to the public health emergency and its negative economic impacts unless the project responds to a specific pandemic-related public health need (e.g., investments in facilities for the delivery of vaccines) or a specific negative economic impact of the pandemic (e.g., affordable housing in a Qualified Census Tract). 4.3. May recipients use funds to pay interest or principal on outstanding debt? No. Expenses related to financing, including servicing or redeeming notes, would not address the needs of pandemic response or its negative economic impacts. Such expenses would also not be considered provision of government services, as these financing expenses do not directly provide services or aid to citizens. This applies to paying interest or principal on any outstanding debt instrument, including, for example, short-term revenue or tax anticipation notes, or paying fees or issuance costs associated with the issuance of new debt. 4.4. May recipients use funds to satisfy nonfederal matching requirements under the Stafford Act? May recipients use funds to satisfy nonfederal matching requirements generally? Fiscal Recovery Funds are subject to pre-existing limitations in other federal statutes and regulations and may not be used as non-federal match for other Federal programs whose statute or regulations bar the use of Federal funds to meet matching requirements. For example, expenses for the state share of Medicaid are not an eligible use. For information on FEMA programs, please see here. 4.5. Are governments required to submit proposed expenditures to Treasury for approval? [5/27] No. Recipients are not required to submit planned expenditures for prior approval by Treasury. Recipients are subject to the requirements and guidelines for eligible uses contained in the Interim Final Rule. 4.6. How do I know if a specific use is eligible? [5/27] Fiscal Recovery Funds must be used in one of the four eligible use categories specified in the American Rescue Plan Act and implemented in the Interim Final Rule: AS OF MAY 27, 2021 13 a) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; c) For the provision of government services to the extent of the reduction in revenue due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and d) To make necessary investments in water, sewer, or broadband infrastructure. Recipients should consult Section II of the Interim Final Rule for additional information on eligible uses. For recipients evaluating potential uses under (a), the Interim Final Rule contains a non-exclusive list of programs or services that may be funded as responding to COVID-19 or the negative economic impacts of the COVID-19 public health emergency, along with considerations for evaluating other potential uses of Fiscal Recovery Funds not explicitly listed. See Section 2 for additional discussion. For recipients evaluating potential uses under (c), the Interim Final Rule gives recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue. See FAQ #3.8 for additional discussion. For recipients evaluating potential uses under (b) and (d), see Sections 5 and 6. 5. Eligible Uses – Premium Pay 5.1. What criteria should recipients use in identifying essential workers to receive premium pay? Essential workers are those in critical infrastructure sectors who regularly perform in- person work, interact with others at work, or physically handle items handled by others. Critical infrastructure sectors include healthcare, education and childcare, transportation, sanitation, grocery and food production, and public health and safety, among others, as provided in the Interim Final Rule. Governments receiving Fiscal Recovery Funds have the discretion to add additional sectors to this list, so long as the sectors are considered critical to protect the health and well-being of residents. The Interim Final Rule emphasizes the need for recipients to prioritize premium pay for lower income workers. Premium pay that would increase a worker’s total pay above 150% of the greater of the state or county average annual wage requires specific justification for how it responds to the needs of these workers. AS OF MAY 27, 2021 14 5.2. What criteria should recipients use in identifying third-party employers to receive grants for the purpose of providing premium pay to essential workers? Any third-party employers of essential workers are eligible. Third-party contractors who employ essential workers in eligible sectors are also eligible for grants to provide premium pay. Selection of third-party employers and contractors who receive grants is at the discretion of recipients. To ensure any grants respond to the needs of essential workers and are made in a fair and transparent manner, the rule imposes some additional reporting requirements for grants to third-party employers, including the public disclosure of grants provided. 5.3. May recipients provide premium pay retroactively for work already performed? Yes. Treasury encourages recipients to consider providing premium pay retroactively for work performed during the pandemic, recognizing that many essential workers have not yet received additional compensation for their service during the pandemic. 6. Eligible Uses – Water, Sewer, and Broadband Infrastructure 6.1. What types of water and sewer projects are eligible uses of funds? The Interim Final Rule generally aligns eligible uses of the Funds with the wide range of types or categories of projects that would be eligible to receive financial assistance through the Environmental Protection Agency’s Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF). Under the DWSRF, categories of eligible projects include: treatment, transmission and distribution (including lead service line replacement), source rehabilitation and decontamination, storage, consolidation, and new systems development. Under the CWSRF, categories of eligible projects include: construction of publicly- owned treatment works, nonpoint source pollution management, national estuary program projects, decentralized wastewater treatment systems, stormwater systems, water conservation, efficiency, and reuse measures, watershed pilot projects, energy efficiency measures for publicly-owned treatment works, water reuse projects, security measures at publicly-owned treatment works, and technical assistance to ensure compliance with the Clean Water Act. As mentioned in the Interim Final Rule, eligible projects under the DWSRF and CWSRF support efforts to address climate change, as well as to meet cybersecurity needs to protect water and sewer infrastructure. Given the lifelong impacts of lead exposure for children, and the widespread nature of lead service lines, Treasury also encourages recipients to consider projects to replace lead service lines. AS OF MAY 27, 2021 15 6.2. May construction on eligible water, sewer, or broadband infrastructure projects continue past December 31, 2024, assuming funds have been obligated prior to that date? Yes. Treasury is interpreting the requirement that costs be incurred by December 31, 2024 to only require that recipients have obligated the funds by such date. The period of performance will run until December 31, 2026, which will provide recipients a reasonable amount of time to complete projects funded with Fiscal Recovery Funds. 6.3. May recipients use funds as a non-federal match for the Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF)? Recipients may not use funds as a state match for the CWSRF and DWSRF due to prohibitions in utilizing federal funds as a state match in the authorizing statutes and regulations of the CWSRF and DWSRF. 6.4. Does the National Environmental Policy Act (NEPA) apply to eligible infrastructure projects? NEPA does not apply to Treasury’s administration of the Funds. Projects supported with payments from the Funds may still be subject to NEPA review if they are also funded by other federal financial assistance programs. 6.5. What types of broadband projects are eligible? The Interim Final Rule requires eligible projects to reliably deliver minimum speeds of 100 Mbps download and 100 Mbps upload. In cases where it is impracticable due to geography, topography, or financial cost to meet those standards, projects must reliably deliver at least 100 Mbps download speed, at least 20 Mbps upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. Projects must also be designed to serve unserved or underserved households and businesses, defined as those that are not currently served by a wireline connection that reliably delivers at least 25 Mbps download speed and 3 Mbps of upload speed. 6.6. For broadband investments, may recipients use funds for related programs such as cybersecurity or digital literacy training? Yes. Recipients may use funds to provide assistance to households facing negative economic impacts due to Covid-19, including digital literacy training and other programs that promote access to the Internet. Recipients may also use funds for modernization of cybersecurity, including hardware, software, and protection of critical infrastructure, as part of provision of government services up to the amount of revenue lost due to the public health emergency. AS OF MAY 27, 2021 16 7. Non-Entitlement Units (NEUs) 7.1. Can states impose requirements or conditions on the transfer of funds to NEUs? As the statute requires states to make distributions based on population, states may not place additional conditions or requirements on distributions to NEUs, beyond those required by the ARPA and Treasury’s implementing regulations and guidance. For example, states may not impose stricter limitations than permitted by statute or Treasury regulations or guidance on an NEU’s use of Fiscal Recovery Funds based on the NEU’s proposed spending plan or other policies, nor permitted to offset any debt owed by the NEU against its payment. Further, states may not provide funding on a reimbursement basis (e.g., requiring NEUs to pay for project costs up front before being reimbursed with Fiscal Recovery Fund payments), because this approach would not comport with the statutory requirement that states make distributions to NEUs within the statutory timeframe. 7.2. Can states transfer additional funds to local governments beyond amount allocated to NEUs? Yes. The Interim Final Rule permits states, territories, and Tribal governments to transfer Fiscal Recovery Funds to other constituent units of government or private entities beyond those specified in the statute, as long as the transferee abides by the transferor's eligible use and other requirements. Similarly, local governments are authorized to transfer Fiscal Recovery Funds to other constituent units of government (e.g., a county is able to transfer Fiscal Recovery Funds to a city, town or school district within it). 7.3. What is the definition of “budget” for the purpose of the 75 percent cap on NEU payments, and who is responsible for enforcing this cap? States are responsible for enforcing the “75 percent cap” on NEU payments, which is a statutory requirement that distributions to NEUs not exceed 75 percent of the NEU’s most recent budget. Treasury interprets the most recent budget as the NEU’s most recent annual total operating budget, including its general fund and other funds, as of January 27, 2020. States may rely for this determination on a certified top-line budget total from the NEU. Funding amounts in excess of such cap must be returned to Treasury. 7.4. May states use funds to pay for the administrative costs of allocating and distributing money to the NEUs? Yes. If necessary, states may use Fiscal Recovery Funds to support the administrative costs of allocating and distributing money to NEUs, as disbursing these funds itself is a response to the public health emergency and its negative economic impacts. AS OF MAY 27, 2021 17 8. Ineligible Uses 8.1. What is meant by a pension “deposit”? Can governments use funds for routine pension contributions for employees whose payroll and covered benefits are eligible expenses? Treasury interprets “deposit” in this context to refer to an extraordinary payment into a pension fund for the purpose of reducing an accrued, unfunded liability. More specifically, the interim final rule does not permit this assistance to be used to make a payment into a pension fund if both: (1) the payment reduces a liability incurred prior to the start of the COVID-19 public health emergency, and (2) the payment occurs outside the recipient’s regular timing for making such payments. Under this interpretation, a “deposit” is distinct from a “payroll contribution,” which occurs when employers make payments into pension funds on regular intervals, with contribution amounts based on a pre-determined percentage of employees’ wages and salaries. In general, if an employee’s wages and salaries are an eligible use of Fiscal Recovery Funds, recipients may treat the employee’s covered benefits as an eligible use of Fiscal Recovery Funds. 9. Reporting 9.1. What records must be kept by governments receiving funds? Financial records and supporting documents related to the award must be retained for a period of five years after all funds have been expended or returned to Treasury, whichever is later. This includes those which demonstrate the award funds were used for eligible purposes in accordance with the ARPA, Treasury’s regulations implementing those sections, and Treasury’s guidance on eligible uses of funds. 9.2. What reporting will be required, and when will the first report be due? Recipients will be required to submit an interim report, quarterly project and expenditure reports, and annual recovery plan performance reports as specified below, regarding their utilization of Coronavirus State and Local Fiscal Recovery Funds. Interim reports: States (defined to include the District of Columbia), territories, metropolitan cities, counties, and Tribal governments will be required to submit one interim report. The interim report will include a recipient’s expenditures by category at the summary level and for states, information related to distributions to nonentitlement units of local government must also be included in the interim report. The interim report will cover activity from the date of award to July 31, 2021 and must be submitted to Treasury by August 31, 2021. Nonentitlement units of local government are not required to submit an interim report. AS OF MAY 27, 2021 18 Quarterly Project and Expenditure reports: State (defined to include the District of Columbia), territorial, metropolitan city, county, and Tribal governments will be required to submit quarterly project and expenditure reports. This report will include financial data, information on contracts and subawards over $50,000, types of projects funded, and other information regarding a recipient’s utilization of award funds. Reports will be required quarterly with the exception of nonentitlement units, which will report annually. An interim report is due on August 31, 2021. The reports will include the same general data as those submitted by recipients of the Coronavirus Relief Fund, with some modifications to expenditure categories and the addition of data elements related to specific eligible uses. The initial quarterly Project and Expenditure report will cover two calendar quarters from the date of award to September 30, 2021 and must be submitted to Treasury by October 31, 2021. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury within 30 days after the end of each calendar quarter. Nonentitlement units of local government will be required to submit the project and expenditure report annually. The initial annual Project and Expenditure report for nonentitlement units of local government will cover activity from the date of award to September 30, 2021 and must be submitted to Treasury by October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31 each year. Recovery Plan Performance reports: States (defined to include the District of Columbia), territories, metropolitan cities, and counties with a population that exceeds 250,000 residents will also be required to submit an annual recovery plan performance report to Treasury. This report will include descriptions of the projects funded and information on the performance indicators and objectives of each award, helping local residents understand how their governments are using the substantial resources provided by Coronavirus State and Local Fiscal Recovery Funds program. The initial recovery plan performance report will cover activity from date of award to July 31, 2021 and must be submitted to Treasury by August 31, 2021. Thereafter, the recovery plan performance reports will cover a 12-month period and recipients will be required to submit the report to Treasury within 30 days after the end of the 12-month period. The second Recovery Plan Performance report will cover the period from July 1, 2021 to June 30, 2022 and must be submitted to Treasury by July 31, 2022. Each annual recovery plan performance report must be posted on the public-facing website of the recipient. Local governments with fewer than 250,000 residents, Tribal governments, and nonentitlement units of local government are not required to develop a Recovery Plan Performance report. Treasury will provide further guidance and instructions on the reporting requirements for program at a later date. 9.3. What provisions of the Uniform Guidance for grants apply to these funds? Will the Single Audit requirements apply? Most of the provisions of the Uniform Guidance (2 CFR Part 200) apply to this program, including the Cost Principles and Single Audit Act requirements. Recipients should refer AS OF MAY 27, 2021 19 to the Assistance Listing for detail on the specific provisions of the Uniform Guidance that do not apply to this program. The Assistance Listing will be available on beta.SAM.gov. 10. Miscellaneous 10.1. May governments retain assets purchased with Fiscal Recovery Funds? If so, what rules apply to the proceeds of disposition or sale of such assets? Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds. If such assets are disposed of prior to December 31, 2024, the proceeds would be subject to the restrictions on the eligible use of payments. 10.2. Can recipients use funds for administrative purposes? Recipients may use funds to cover the portion of payroll and benefits of employees corresponding to time spent on administrative work necessary due to the COVID–19 public health emergency and its negative economic impacts. This includes, but is not limited to, costs related to disbursing payments of Fiscal Recovery Funds and managing new grant programs established using Fiscal Recovery Funds. 10.3. Are recipients required to remit interest earned on CSFRF/CLFRF payments made by Treasury? [5/27] No. CSFRF/CLFRF payments made by Treasury to states, territories, and the District of Columbia are not subject to the requirement of the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR part 205 to remit interest to Treasury. CSFRF/CLFRF payments made by Treasury to local governments and Tribes are not subject to the requirement of 2 CFR 200.305(b)(8)–(9) to maintain balances in an interest-bearing account and remit payments to Treasury. 10.4. Is there a deadline to apply for funds? [5/27] The Interim Final Rule requires that costs be incurred by December 31, 2024. Eligible recipients are encouraged to apply as soon as possible. For recipients other than Tribal governments, there is not a specific application deadline. Tribal governments do have deadlines to complete the application process and should visit www.treasury.gov/SLFRPTribal for guidance on applicable deadlines. 11. Operations 11.1. How do I know if my entity is eligible? AS OF MAY 27, 2021 20 The Coronavirus State and Local Fiscal Recovery Funds American Rescue Plan Act of 2021 set forth the jurisdictions eligible to receive funds under the program, which are: • States and the District of Columbia • Territories • Tribal governments • Counties • Metropolitan cities (typically, but not always, those with populations over 50,000) • Non-entitlement units of local government, or smaller local governments (typically, but not always, those with populations under 50,000) 11.2. How does an eligible entity request payment? Eligible entities (other than non-entitlement units) must submit their information to the Treasury Submission Portal. Please visit the Coronavirus State and Local Fiscal Recovery Fund website for more information on the submission process. 11.3. I cannot log into the Treasury Submission Portal or am having trouble navigating it. Who can help me? If you have questions about the Treasury Submission Portal or for technical support, please email covidreliefitsupport@treasury.gov. 11.4. What do I need to do to receive my payment? All eligible payees are required to have a DUNS Number previously issued by Dun & Bradstreet (https://www.dnb.com/). All eligible payees are also required to have an active registration with the System for Award Management (SAM) (https://www.sam.gov). And eligible payees must have a bank account enabled for Automated Clearing House (ACH) direct deposit. Payees with a Wire account are encouraged to provide that information as well. More information on these and all program pre-submission requirements can be found on the Coronavirus State and Local Fiscal Recovery Fund website. 11.5. Why is Treasury employing id.me for the Treasury Submission Portal? ID.me is a trusted technology partner to multiple government agencies and healthcare providers. It provides secure digital identity verification to those government agencies and healthcare providers to make sure you're you – and not someone pretending to be you – when you request access to online services. All personally identifiable information provided to ID.me is encrypted and disclosed only with the express consent of the user. Please refer to ID.me Contact Support for assistance with your ID.me account. Their support website is https://help.id.me. AS OF MAY 27, 2021 21 11.6. Why is an entity not on the list of eligible entities in Treasury Submission Portal? The ARP statute lays out which governments are eligible for payments. The list of entities within the Treasury Submission Portal includes entities eligible to receive a direct payment of funds from Treasury, which include states (defined to include the District of Columbia), territories, Tribal governments, counties, and metropolitan cities. Eligible non-entitlement units of local government will receive a distribution of funds from their respective state government and should not submit information to the Treasury Submission Portal. If you believe an entity has been mistakenly left off the eligible entity list, please email SLFRP@treasury.gov. 11.7. What is an Authorized Representative? An Authorized Representative is an individual with legal authority to bind the government entity (e.g., the Chief Executive Officer of the government entity). An Authorized Representative must sign the Acceptance of Award terms for it to be valid. 11.8. How does a Tribal government determine their allocation? Tribal governments will receive information about their allocation when the submission to the Treasury Submission Portal is confirmed to be complete and accurate. 11.9. How do I know the status of my request for funds (submission)? Entities can check the status of their submission at any time by logging into Treasury Submission Portal. 11.10. My Treasury Submission Portal submission requires additional information/correction. What is the process for that? If your Authorized Representative has not yet signed the award terms, you can edit your submission with in the into Treasury Submission Portal. If your Authorized Representative has signed the award terms, please email SLFRP@treasury.gov to request assistance with updating your information. 11.11. My request for funds was denied. How do I find out why it was denied or appeal the decision? Please check to ensure that no one else from your entity has applied, causing a duplicate submission. Please also review the list of all eligible entities on the Coronavirus State and Local Fiscal Recovery Fund website. AS OF MAY 27, 2021 22 If you still have questions regarding your submission, please email SLFRP@treasury.gov. 11.12. When will entities get their money? Before Treasury is able to execute a payment, a representative of an eligible government must submit the government’s information for verification through the Treasury Submission Portal. The verification process takes approximately four business days. If any errors are identified, the designated point of contact for the government will be contacted via email to correct the information before the payment can proceed. Once verification is complete, the designated point of contact of the eligible government will receive an email notifying them that their submission has been verified. Payments are generally scheduled for the next business day after this verification email, though funds may not be available immediately due to processing time of their financial institution. 11.13. How does a local government entity provide Treasury with a notice of transfer of funds to its State? For more information on how to provide Treasury with notice of transfer to a state, please email SLRedirectFunds@treasury.gov. __________________________________________________ __________________________________________________ OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Number: [Recipient to provide] Taxpayer Identification Number: [Recipient to provide] Assistance Listing Number: 21.019 [Recipient to provide] Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. Recipient: Authorized Representative: Title: Date signed: U.S. Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. ATTACHMENT 3             U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 2                       Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 3                 ii. The Fair Housing Act, Title VIII of the Ci vil Rights Act of 19 68 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans wi th Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by s tate and local governments or instrumentalities or agencies thereto. Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.” Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 4         Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. b. c. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 5 Emergency Rent Assistance Program Overview May 19, 2021 Purpose: To help individuals who are or were unemployed due to COVID 19 restrictions pay back rent, and three future rent payments, and back utility payments, plus three future utility payments; prioritizing individuals earning 50% of AMI or below. Amount: $10,740,667.90 Timeline to distribute: Now through September 2022 Partners: Neighbor to Neighbor, City of Fort Collins Utilities, City of Loveland Utilities, Poudre Valley REA, and Xcel Energy Background: COVID 19 and the pandemic’s public health precautions and restrictions affected millions of people and their jobs. In Larimer County, 5.8% of our population is unemployed (about 13,000 people; March 2021 data). The Federal Government has been releasing billions of dollars to communities to offset some of the COVID 19 financial effects of the most impacted individuals and families. One of the programs is the Emergency Rent Assistance Programs, or ERAP for short. Larimer County applied for funding and received $10.7M earlier this year. We are partnering with Neighbor to Neighbor to manage the application process using eligibility criteria that was shared by the federal government. The funds can be used to pay back rent and back utilities, as well as three current and future months’ worth of expenses. Individuals making 50% of AMI or less are prioritized (approximately $43,600 a year for a family of four). By paying back utility providers and landlords, renters can stay housed, can keep their water, heat, and air conditioning on, and can improve their credit score. The assistance provides landlords and utility providers with critical funds that they would not have had otherwise. The government is requiring several data points for ongoing reporting. We will provide four quarterly reports a year and monthly reports. In addition, Larimer County is requesting other information that will help us understand who is receiving funds, their demographics, and how the funds have impacted both renters and landlords. LARIMER COUNTY | BOARD OF COUNTY COMMISSIONERS 200 West Oak Street, P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970.498.7010, Larimer.org ATTACHMENT 4 2 Quarter 1 2021 Report Highlights Quarterly reports include information such as what kind of assistance did people receive, how much per payment, and demographic information. Larimer County did not distribute any ERAP funds January-March 2021 as the funds did not arrive until April. • 1,211 people applied for ERA program assistance • $58,543.12 was spent on grant administrative work (N2N) • $854,413.65 of administrative funds remain April 2021 Monthly Report Monthly reports will include total assistance paid out by zip codes and number of people. In the future, we will map the zip codes and assistance amounts. Zip Code/Community # of ERAP recipients $ of ERAP assistance 80513/Berthoud 6 $18,716.00 80515/Drake 1 $10,500.00 80517/EP 5 $20,009.86 80521/FC 27 $130,808.21 80524/FC 47 $152,706.78 80525/FC 50 $229,249.50 80526/FC 49 $249,327.08 80528/FC 30 $148,016.02 80534/Johnstown 7 $34,908.69 80535/Laporte 5 $11,122.71 80537/LVLD 36 $186,006.06 80538/LVLD 35 $173,330.65 80539/LVLD 1 $4,050.00 80547/Timnath 1 $8,200.00 80549/Wellington 3 $12,455.00 80550/Windsor 2 $12,100.00 TOTAL 305 $1,400,506.56 • Payments from $500 - $11,000, mostly in the $2,500-4,000 range • 87 applicants were denied or withdrew from the process (client inactivity, no follow up, insufficient documents) • The average age of recipients is 39.5 years old • 165 reported as Non-Hispanic or Latino (54%) • 92 reported as Hispanic or Latino (30%) • 48 refused to answer (16%) 3 How is the assistance program working? From a landlord: Neighbor2Neighbor has been a tremendous help during these hard times. We, as landlords, only own the one income property. Over the last year we had done everything possible to allow our tenants to stay in the house. We immediately eliminated any late fees, cut their rent significantly and allowed them to pay sometimes a month or more late. They were still struggling. It was very difficult to watch, as we know them to be great people who want to do the absolute best for their children. With all the money we had lost from the rental during the year, we were at the end of our rope. We had nothing more that we could provide for them. That is when I found the rental assistance program provided by N2N. I suggested it to our tenants who were very excited at the prospect of getting back on their feet. From the beginning, the process was easy, quick and the customer service was second to none. The rental assistance provided for our tenants allowed them to be able to pay their mortgage for enough time to get back on their feet and has given us the ability to keep them and their children housed. It is such a wonderful program and so beneficial for the whole community. We appreciate all that N2N has been able to offer. From a renter: I wanted to reach out to let you know just how amazing it was to work with one of the gals within your organization. I had the pleasure of working with Mistie, who, went above and beyond in every facet of this process. I can't quite tell you just how much it meant to me to feel as though I was being heard that my prayers were being answered, and that we were going to make it out of this alive. Please find more people like her so that those who seek out the services you offer, feel the love that I felt the ENTIRE TIME working with her. She and I crossed paths at one of the most embarrassing times in my life, and somehow, that wasn't something she cared to focus on. she never talked down to me, never once was belittling, and always followed through with any commitments she made. Working with someone who possesses not just one, but all of the qualities above seems nearly impossible these days, and I feel credit should always be given where credit is due, so please know, you struck gold with that one! Thank you all for the work you are doing! MEMORANDUM DATE:May 28, 2021 TO: THRU: Darin Atteberry, City Manager Travis Storin, Chief Financial Officer FROM:SeonAh Kendall, City Recovery Manager RE:  Work Session Summary –May 25, 2021, re: City Recovery Plan This memorandum provides a summary of the discussion related to the May 25, 2021, Work Session Item –City Recovery Plan. Mayor and Councilmembers Present: Mayor Arnt, Mayor Pro Tem Gorgol, and Councilmembers Gutowsky, Pignataro, Canonico, Peel and Ohlson Presenting Staff:Travis Storin and SeonAh Kendall DIRECTION SOUGHT: Does Council agree with the recommended allocation of the 15/85 split ($4.2M 2021 appropriation) of the City’s American Rescue Plan funding to address current needs while developing the City Recovery Plan? DISCUSSION SUMMARY: Staff presented a high­level recap of the City’s CARES Coronavirus Relief Fund, a review of the ne w American Rescue Plan Act’s State and Local Fiscal Recovery Fund (“ARPA”) and previewed the City’s Recovery Plan and timeline. Key Discussion Points Included: x Supported an iterative approach of making 15% of the ARPA funds available to meet current and short­term needs due to the uncertainty of the pandemic impacts. Areas of caution are: o Not to limit resources needed to the 15%, if more is needed. o Not to constrain potential support programs as either response or recovery. o Refrain from utilizing ARPA funds to offset budget constraints or shortfalls. x Encouraged community connections and leveraging funding opportunities with partners such as with Poudre School District, Larimer County, Neighbor to Neighbor and more. x Suggested focus opportunities included, but are not limited to, housing and childcare, mental health, rent and utility assistance, workforce development, women and historically underrepresented community members. x Underscored that there are still community members impacted by the pandemic. ATTACHMENT 5 x Urged utilizing various outreach and engagement methods to make sure the entire community is aware of resources and support. x Discussion on whether resiliency planning would be better than recovery. NEXT STEPS: ARPA Funding Allocation: 1. Staff will bring forward an ordinance to appropriate the 15% ARPA. a. 1 st reading is anticipated June 15, 2021, 2 nd reading on July 6, 2021. b. Funds would be available approximately July 19, 2021. 2. Staff will continue to monitor ARPA Interim Final Rule for changes while developing a short­ term needs assessment and application process. City Recovery Plan 1. Begin public engagement process (June 2021) and begin development of the City Recovery Plan. 2. Anticipate a Fall 2021 Council Work Session to review a draft plan. -1- ORDINANCE NO. 079, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION OF A PORTION OF THE CITY’S AMERICAN RESCUE PLAN ACT FUNDING FOR LOCAL FISCAL RECOVERY RELATED TO RESPONSE TO AND RECOVERY FROM THE COVID-19 PANDEMIC WHEREAS, in response to the public health emergency resulting from the spread of the Novel Coronavirus 2019 (“COVID-19”), the City Manager proclaimed a local emergency on March 13, 2020, and City Council extended such proclamation with its adoption of Resolution 2020-030; and WHEREAS, on March 11, 2020, President Joseph R. Biden signed the American Rescue Plan Act into law (“ARPA”), which established the Coronavirus Local Fiscal Recovery Fund intended to provide support to local governments in responding to the impact of COVID-19 on their communities, residents, and businesses; and WHEREAS, the U.S. Treasury Department has provided regulatory guidance on how ARPA funds may be used, which includes: supporting public health expenditures; addressing negative economic impacts; replacing lost public sector revenue; providing premium pay for essential workers; and investing in water, sewer and broadband infrastructure; and WHEREAS, the City will be allocated a total amount of $28,118,971, of which the City has received fifty percent or $14,059,485.50, with the remaining fifty percent anticipated to be available in May 2022; and WHEREAS, City staff presented background information about the proposed use of these funds to City Council at a work session on May 25, 2021, including the appropriation of $4,217,846, which is fifteen percent of the total amount allocated to the City, to address current needs of the community consistent with the requirements of ARPA and applicable federal regulations and to support public health expenditures; address negative economic impacts; replace lost public sector revenue; provide premium pay for essential workers; and invest in water, sewer and broadband infrastructure; and WHEREAS, City staff has identified some current needs consistent with U.S. Treasury guidance to include financial support and expenditures for workforce development; business support for disadvantaged businesses; business navigation programs; supportive assistance to those experiencing homelessness; utility, mortgage and rental assistance to those who do not meet the income qualification requirements for assistance from Neighbor to Neighbor or other available programs, and response and recovery expenses of the City and others in the Fort Collins community; and WHEREAS, this appropriation benefits the public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of responding to the immediate and short- term community health, social wellbeing, and economic needs arising from the negative impacts of the COVID-19 public health emergency; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council, upon -2- recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in that fund during this fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of FOUR MILLION TWO HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED FORTY-SIX DOLLARS ($4,217,846) for expenditure from the General Fund for supporting public health expenditures, addressing negative economic impacts, replace lost public sector revenue, provide premium pay for essential workers and invest in water, sewer and broadband infrastructure related to response to and recovery from the COVID-19 pandemic, as described in this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of July, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk