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Agenda 08/24/2021 Item #16D 116.D.1 08/24/2021 EXECUTIVE SUMMARY Recommendation to approve clarifications to the Emergency Rental Assistance 1 and 2 programs from the U.S. Department of Treasury to streamline the eligibility requirements for households seeking assistance under the program. OBJECTIVE: To continue to provide grant funding to Collier County residents unable to pay rent and utilities due to the impacts of the COVID-19 pandemic. CONSIDERATIONS: On January 5, 2021, the U.S. Department of Treasury announced funding available to state and local governments to provide financial support to residents that are unable to pay rent and utilities due to the impacts of the COVID-19 pandemic. Collier County was eligible for this funding since our resident population exceeds 200,000 per the Consolidated Congressional Act of 2021. The Emergency Rental Assistance (ERA) Program made available $25 billion to assist nationwide. On January 26, 2021, Agenda Item #16D7, the Board of County Commissioners (Board) accepted the ERA 1 funding in the amount of $11,622,381. On March 25, 2021, the County was notified that the US Treasury had modified our award terms, extending the award and administrative cost terms. On June 8, 2021, Agenda Item #16D1 the Board of County Commissioners accepted the amendment to ERA 1. On March 11, 2021, President Biden signed the American Rescue Plan (ARP) which included additional funds under ERA 2. The initial payment of $3,678,498 was received by the County on May 10, 2021. On June 08, 2021, Agenda Item #16D1, the Board accepted the ERA 2 funding in the amount of $9,088,102. The US Treasury has a statutory obligation to reallocate funds from underperforming jurisdictions beginning in the fall of 2021, therefore program changes have been made to assist jurisdictions with timely spending. Collier County is required to expend and encumber no less than 65% of ERA 1 funds no later than September 30'. To assist with spending, on August 4, 2021, Treasury issued a press release advising states and local governments to eliminate undue documentation burdens that limits access for eligible families and recommended simplified eligibility requirements. Treasury understands that not all tenants will have access to or will be able to submit the documentation typically used to verify employment, household income, loss of income, or rental obligation in the ERA application. Treasury did acknowledge that there are also some cases where a landlord is unwilling to cooperate with a documentation request. To ensure that assistance is made available to all who qualify, Treasury guidance has advised states and local governments do the following: Individual Assistance (Rental, Utilities, and Housing Stability Payment) The following are recommended changes to the ERA land 2 programs documentation requirements: 1. Allow Self -attestation forms for ERA Eligibility Requirements. Rental Obligation (e.g., proof of residence at an eligible rental unit in the absence of a lease/rental/sublease agreement) Financial Impact (e.g., unemployment, reduction in income, significantly increased expenses, or other financial hardship) Housing Impact (e.g., risk of housing instability or homelessness) Income qualification (e.g., total household income at or below 80% AMI) Packet Pg. 13 08/24/2021 16.D.1 O Categorical Eligibility: If an applicant's household income has been verified to be at or below 80 percent of the area median income (for ERA1) or if an applicant's household has been verified as a low-income family as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) (for ERA2) in connection with another local, state, or federal government assistance program, the County shall rely on a determination letter from the government agency that verified the applicant's household income or status as a low-income family, provided that the determination for such program was made on or after January 1, 2020. • Fact -specific proxy: The County may rely on a written attestation from the applicant as to household income if using any reasonable fact -specific proxy for household income, such as reliance on data regarding average incomes in the household's geographic area. • Written Attestation Without Further Documentation: To the extent that a household's income, or a portion thereof, is not verifiable due to the impact of COVID-19 (for example, because a place of employment has closed) or has been received in cash, or if the household has no qualifying income, the County may accept a written attestation from the applicant regarding household income. If such a written attestation without further documentation is relied on, the County will reassess household income for such household every three months. In appropriate cases, the County may rely on an attestation from a caseworker or other professional with knowledge of a household's circumstances to certify that an applicant's household income qualifies for assistance. Dependent Care Hardship to support COVID impact in lieu of unemployment or reduced hours Roommate Certification in lieu of a lease 2. Allow rental payments to roommates. If the applicant is not named on the lease agreement but has a rent sharing agreement with the lessee and has proof he/she lives at the subject property, the County can make direct payments to the lessee on behalf of the applicant. The lessee and the applicant must execute a roommate certification. The lessee must provide a copy of the lease agreement in their name. Allow bulk payments to landlord and utility companies: combining the assistance provided for multiple households into a single "bulk" payment made to a utility or landlord. The County will ensure that any such arrangements (1) comply with applicable privacy requirements; (2) include appropriate safeguards to ensure payments are made only for eligible households; and (3) are documented in records satisfying the County's reporting requirements, including, for example, the amount of assistance paid for each household." 4. Citizenship At least one adult household member must be a Legal U.S. Resident or Eligible non -citizen at least 18 years of age. The adult household member does not need to be the applicant or co - applicant. Required Documentation may include ONE of the following: a. Birth Certificate b. Passport c. Naturalization Certificate d. Social Security Card Packet Pg. 14 08/24/2021 16.D.1 e. Legal Resident Card Payments to tenants- in those circumstances where a landlord is unwilling to participate in the program or provide documentation, the County may, at its discretion issues rental assistance directly to the tenant. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: There is no new Fiscal impact with this amendment. The funding source for this grant is Community & Human Services Grant Fund (705) Projects 33734 and 33761. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Item. LEGAL CONSIDERATIONS: Chair signature is not required for the clarifications. This item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To approve clarifications to the Emergency Rental Assistance 1 and 2 programs from the U.S. Department of Treasury to streamline the eligibility requirements for households seeking assistance under the program. Prepared By: Jennessee Delgado, Grant Coordinator, Community and Human Services Division ATTACHMENT(S) 1. US Treasury Agreement(PDF) 2. US Treasury Agreement Amendment (PDF) 3. Treasury August Press Release (PDF) 4. AGREEMENT TERMS DOT ERA2 - executed (PDF) Packet Pg. 15 16.D.1 08/24/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doe ID: 17777 Item Summary: Recommendation to approve clarifications to the Emergency Rental Assistance 1 and 2 programs from the U.S. Department of Treasury to streamline the eligibility requirements for households seeking assistance under the program. Meeting Date: 08/24/2021 Prepared by: Title: — Community & Human Services Name: Jennesse Delgado 08/12/2021 4:04 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 08/12/2021 4:04 PM Approved By: Review: Community & Human Services Donald Luciano Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Kimberley Grant Additional Reviewer Public Services Department Todd Henry Public Services Department Public Services Department Dan Rodriguez PSD Department Head County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Grants Erica Robinson Level 2 Grants Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 08/12/2021 4:12 PM Completed 08/12/2021 4:50 PM Completed 08/13/2021 3:52 PM Completed 08/16/2021 10:57 AM Completed 08/16/2021 3:38 PM Completed 08/17/2021 4:26 PM Completed 08/19/2021 8:22 AM Completed 08/20/2021 9:43 AM Completed 08/20/2021 9:48 AM Completed 08/20/2021 1:18 PM Completed 08/20/2021 1:27 PM Completed 08/23/2021 1:22 PM Completed 08/24/2021 11:37 AM 08/24/2021 9:00 AM Packet Pg. 16 16.D.1.a OMB Approved No.: 1605-0266 Expiration Date: 7/31/21 U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE Recipient name and address: DUNS Number: [Recipient to provide] 076997790 [Recipient toprovide] Taxpayer Identification Number: [Recipient to Collier Comity Board of County Comntisaioner 3299 Tamiami Trail East, Suite 202 pr'ovidej 59-6000558 Naples, rL 34112 Section 601(a) of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec, 27, 2020) authorizes the Department of the Treasury ("Treasury') to make payments to certain recipients to be used to provide emergency rental assistance, Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. tit)� / 11 Authorized Representat'de; Title; [To be signed by chief executive officer if recipient is a localgoverrameraj County Manager Date signed: Packet Pg. 17 16.D.1.a U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTA E 1, Use of Funds, Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L, No. 116-260 (Dec. 27, 2020) (referred to herein as "Section 501"), 2. Renaynient and reallocation of funds. a. Recipient agrees to repay excess funds to Treasury in the amount as may be determined by Treasury pursuant to Section 501(d). Such repayment shall be made in the manner and by the date, which shall be no sooner than September 30, 2021, as may be set by Treasury. b. The reallocation of funds provided by Section 501(d) shall be determined by Treasury and shall be subject to the availability of funds at such time. 3. Availability of funds. a. Recipient acknowledges that, pursuant to Section 501(e), funds provided under this award shall remain available only throughDecember 31, 2021, unless, in the case of a reallocation made by Treasury pursuant to section 501(d), Recipient requests and receives from Treasury an extension of up to 90 days. b. Any such requests for extension shall be provided in the form and shall include such information as Treasury may require. c. Amounts not expended by Recipient in accordance with Section 501 shall be repaid to Treasury in the manner specified by Treasury. 4. Administrative costs. a. Administrative expenses of Recipient maybe treated as direct costs, but Recipient may not cover indirect costs using the funds provided in this award, and Recipient may not apply its negotiated indirect cost rate to this award. b. The sum of the amount of the award expended on housing stability services described in Section 501(c)(3) and the amount of the award expended on administrative expenses described in Section 501(c)(5) may not exceed 10 percent of the total award. 5. Reuortina. a, Recipient agrees to comply with any reporting obligations established by Treasury, including the Treasury Office of Inspector General, as relates to this award, including but not limited to: (i) reporting of information to be used by Treasury to comply with its public reporting obligations under section 501(g) and (ii) any reporting to Treasury and the Pandemic Response Accountability Committee that may be required pursuant to section 15011(b)(2) of Division B of the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. No. 116.136), as amended by Section 801 of Division 0 of the Consolidated Appropriations Act, 2021 (Pub, L. No. 116-260), Recipient acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. b. Recipient agrees to establish data privacy and security requirements as required by Section 501(g)(4). Packet Pg. 18 16.D.1.a 6, Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to support compliance with Section 501(c) regarding the eligible uses of funds, 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. 7. Cost Sharing. Cost sharing or snatching funds are not required to be provided by Recipient. 8, Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive guidance regarding such requirements. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance 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: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CYR. 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 and 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. Packet Pg. 19 16.D.1.a 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 grounds of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq), which prohibits discrimination in housing on the basis of race, color, 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 handicap under any program or activity receiving or benefitting from federal 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. The Americans with 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 state and local governments or instrumentalities or agencies thereto. 9. False Statements. Recipient understands that false statements or claims made in connection with this award may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 10, Publications. Any publications produced with fiords 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." 11. 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 not repaid by Recipient as may be required by Treasury pursuant to Section 601(d) shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 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. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection services. c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Treasury. 4 Packet Pg. 20 16.D.1.a d. Funds for payment of a debt must not come from other federally sponsored programs. 12. 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 constitute an agency relationship between the United States and Recipient. 13. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below 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, b. The list of persons and entities referenced in the paragraph above includes the following: L 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; and/or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 14. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (April 8, 1997), Recipient should and 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, 15. Reducing Text Messaainy While Driving. Pursuant to Executive Order 13513, 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. 0 Packet Pg. 21 16.D.1.b U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE March 26, 2021 Effective as of the date hereof, the award terms accepted by Recipient as a condition to the receipt of payment from Treasury pursuant to section 501 of Subdivision N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) are amended as follows: Section 3 is amended by replacing "December 31, 2021" with "September 30, 2022". Section 4 is deleted in its entirety and replaced with the following: 4. Administrative costs. a. Recipient may use funds provided to the Recipient to cover both direct and indirect costs. b. The total of all administrative costs, whether director indirect costs, may not exceed 10 percent of the total amount of the total award. Attached hereto are the award terms restated to reflect this amendment. Packet Pg. 22 16.D.1.b U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE 1. Use of Funds. Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as "Section 501"). 2. Repayment and reallocation of funds. a. Recipient agrees to repay excess funds to Treasury in the amount as may be determined by Treasury pursuant to Section 501(d). Such repayment shall be made in the manner and by the date, which shall be no sooner than September 30, 2021, as may be set by Treasury. b. The reallocation of funds provided by Section 501(d) shall be determined by Treasury and shall be subject to the availability of funds at such time. 3. Availability of funds. a. Recipient acknowledges that, pursuant to Section 501(e), funds provided under this award shall remain available only through September 30, 2022, unless, in the case of a reallocation made by Treasury pursuant to section 501(d), Recipient requests and receives from Treasury an extension of up to 90 days. b. Any such requests for extension shall be provided in the form and shall include such information as Treasury may require. c. Amounts not expended by Recipient in accordance with Section 501 shall be repaid to Treasury in the manner specified by Treasury. 4. Administrative costs. a. Recipient may use funds provided to the Recipient to cover both direct and indirect costs b. The total of all administrative costs, whether direct or indirect costs, may not exceed 10 percent of the total amount of the total award. 5. Reporting. a. Recipient agrees to comply with any reporting obligations established by Treasury, including the Treasury Office of Inspector General, as relates to this award, including but not limited to: (i) reporting of information to be used by Treasury to comply with its public reporting obligations under section 501(g) and (ii) any reporting to Treasury and the Pandemic Response Accountability Committee that may be required pursuant to section 15011(b)(2) of Division B of the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. No. 116-136), as amended by Section 801 of Division O of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260). Recipient acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. b. Recipient agrees to establish data privacy and security requirements as required by Section 501(g)(4). 2 Packet Pg. 23 16.D.1.b 6. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to support compliance with Section 501(c) regarding the eligible uses of funds. 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. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive guidance regarding such requirements. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance 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 and 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. 3 Packet Pg. 24 16.D.1.b 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 grounds of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, 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 handicap under any program or activity receiving or benefitting from federal 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. The Americans with 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 state and local governments or instrumentalities or agencies thereto. 9. False Statements. Recipient understands that false statements or claims made in connection with this award may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 10. 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." 11. 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 not repaid by Recipient as may be required by Treasury pursuant to Section 501(d) shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 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. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection services. c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Treasury. 4 Packet Pg. 25 16.D.1.b d. Funds for payment of a debt must not come from other federally sponsored programs. 12. 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 constitute an agency relationship between the United States and Recipient. 13. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below 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. b. 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; ill. 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; and/or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 14. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (April 8, 1997), Recipient should and 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. 15. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 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 Packet Pg. 26 8/12/2021 Treasury Reiterates Call for State and Local Governments to Follow Treasury Guidance on Eliminating Undue Documentation 16.D.1.c U.S. DEPARTMENT OF TIDE TREASURY Treasury Reiterates Call for State and Local Governments to Follow Treasury Guidance on Eliminating Undue Documentation Burdens to Speed the Delivery Emergency Rental Assistance August 4, 2021 Treasury publishes examples ofsimplified eligibility forms, shares with all Emergency Rental Assistance program grantees WASH INGTON -Today, the U.S. Department of the Treasury reiterated its call for state and local governments operating Emergency Rental Assistance (ERA) programs to speed the delivery of assistance to those in need by eliminating undue documentation burdens. To help states and other jurisdictions quickly implement impactful programs, Treasury has published examples of simplified eligibility forms that are being used effectively by emergency rental assistance programs around the country. In addition to posting these sample forms on its website, Treasury is also sending them to all ERA program grantees, hosting information sessions, and offering technical support to encourage the swift adoption of these types of efficiencies when determining a household's eligibility. "While Treasury has repeatedly published clear guidance discouraging undue documentation burdens that limit access for eligible families, we continue to hear about programs that will not accept self -attestations, and others that are adding documentation requirements that Treasury does not require," said Deputy Secretary Adeyemo. "State and local agencies administering emergency rental assistance should make full use of the documentation flexibilities provided by Treasury, and we hope that publishing these sample forms will make it even easier for them to do so with the urgency this moment necessitates." Within weeks of President Biden taking office, Treasury issued revised guidance streamlining the ERA documentation requirements and began strongly encouraging state and local governments to allow renters to rely on self -attestations to demonstrate eligibility factors like COVID-related hardships, income, housing stability, and the amount of any back rent owed. It also enables state and local governments to allow renters to qualify based on categorical eligibility, such as meeting low-income family requirements in connection with other local, state, or federal government assistance programs. In further updates to the ERA guidance in https://home.treasury.gov/news/press-releasesfjy03l0 Packet Pg. 27 8/12/2021 Treasury Reiterates Call for State and Local Governments to Follow Treasury Guidance on Eliminating Undue Documentation 16.D.1.c May, Treasury allowed grantees to verify the income eligibility of renters using fact -based proxies of income (like residence in a low-income neighborhood). While Treasury continues to push state and local governments to increase the delivery speed of emergency rental assistance and reduce unnecessary documentation requirements, many agencies have implemented Treasury's guidance and effectively ramped up their programs. For example, Virginia - as Deputy Secretary Adeyemo highlighted during his visit last week - is the second -highest nationwide distributor of ERA funds, having given out $223 million to tenants and landlords in need. Following Treasury's May guidance urging states to use fact -specific proxies for household income, Virginia significantly cut down application processing times by streamlining what is often the most time-consuming part of eligibility verification. In June, Treasury made clear in updated guidance that ERA program funding could be used to support eviction prevention and diversion programs. And in July, the White House hosted its second convening on eviction prevention that brought together leaders from 46 cities around the country to develop local eviction prevention action plans and emphasize the need for eviction diversion programs. Today, in collaboration with the U.S. Digital Service, Treasury is also releasing an Eviction Prevention Program Maturity Model, to help local eviction prevention collaboratives to assess and identify steps to strengthen their efforts. In addition to the steps being taken to enable state and local governments to distribute ERA funds more quickly, Treasury continues to make clear to state and local governments with underperforming programs that Treasury will take every action necessary to enable these funds to reach as many people in need as possible. This includes reiterating to all grantees that Treasury has a statutory obligation to reallocate funds from underperforming jurisdictions beginning in the fall. Treasury has also sent letters to all states and localities that have not yet begun distributing ERA assistance. Treasury continues its all-out effort, working with the White House, Members of Congress, state and local governments, non -profits, and advocacy groups to spread the word to renters and landlords in need that assistance is available and that they should use the Consumer Financial Protection Bureau's Rental Assistance Finder to find programs in their area. Treasury encourages those who need help to apply for ERA funding even if rental assistance funds in their area appear to be moving slowly. In some jurisdictions, having an application in the system awaiting review can help prevent an eviction, and in many places, money is beginning to move more quickly as programs are created. https://home.treasury.gov/news/press-releasesfjy03l0 Packet Pg. 28 8/12/2021 Treasury Reiterates Call for State and Local Governments to Follow Treasury Guidance on Eliminating Undue Documentation 16.D.1.c r W N C E R N L N 06 r Q W W Q https://home.treasury.gov/news/press-releases/jy0310 1 Packet Pg. 29 16.D.1.d OMB Approv. A No.: 1505-0270 Expiration Da e: 10/31/2021 Eligible grantee name and address: Collier County 3299 Tamiansi Trail E, Ste 700 Naples Flori a 34112-5749 U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE DUNS Number: 076997790 Taxpayer Identification Number: 596000558 Assistance W ting Number and Title: 21.023-Emergency Rental Assistance Program Section 3201(a) of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury ("Treasury") to make payments to certaiN ligible grantees to be used to provide emergency rental assistance. The eligible grantee hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. r :i Authorized Representative Signature (above) j [To be signed by chief executive officer if recayt 'ent is a local government.] Authorized Representative Name: Authorized Representative Title: Date Signed: U.S. Department of the Treasury: Mark Isackson County Manager S•6,Z1 - Naine of Authorized Representative: Jacob Leibenluft Title: Counselor to the Secretary Date: 5/10/2021 PAPERWORXP (N T NOTICE: The information collected will be used for the U S Government to process requests for support. The estimated burden associate. { with this collection of information is 15 minutes per response Comments concerning the accuracy of this burden estimate and suggestions for reducing theft urden 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 inft mation unless it displays a valid control number assigned by OMB - PRIVACY ACT STATEMENT AUTHOR.ITY�a licitation of this information is authorized by the American Rescue Plan Act of 2021, Title III, Pub. L. No. 117-2. PURPQ E: Tres airy is required by the American Rescue Plan Act of 2021 to identify eligible grantees/recipients to provide emergency rental assistance to individuals who qualify for relief under the Act. Eligible grantees/recipients are state, local, and territorial governments which identify households requiring relief according i requirements contained in the Act. Treasury maintains contact information for authonzed representatives and contact persons for the purpose of comn uu» cating with eligible grantees regarding issues related to implementation of the Act. ROUTINE USE, : The infbi n tion you furnish may be shared in accordance with the routine uses outlined in the Treasury's system of records notice, Treasury 017 - Correspondence and Contact Information, which can be found at 81 FR 78266 (Nov 7, 2016). DISCLOSURE: )isclosure of this information to Treasury is required in order to comply with the requirements the American Rescue Plan Act of 2021. Disclosure of thi information is voluntary, however, granteeslrocipients that do not disciq,. a contact information will be unable to communicate with Treasury on issues related ;o their obligations under the Act and this may affect the status of their award. r w tv c E to i to N 06 Q w r� ti ti ti r Packet Pg. 30 16.D.1.d OMB Approved No.: 1505-0270 Expiration Date: 10/31/2021 U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE AWARD TERMS AND CONDITIONS 1. Use of Funds. Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in subsection (d) of section 3201 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) ("Section 3201") and any guidance issued by Treasury regarding the Emergency Rental Assistance program established under Section 3201 (the "Guidance"). 2. Reallocation of Funds. Recipient understands and agrees that any funds allocated by Treasury to Recipient that are not disbursed to Recipient in accordance with Section 3201(c)(2) as a subsequent payment will be reallocated by Treasury to other eligible recipients under Section 3201(e). Such reallocation of funds shall be made in the manner and by the date, which shall be no sooner than March 31, 2022, as may be set by Treasury. Recipient agrees to obligate at least fifty (50) percent of the total amount of funds allocated by Treasury to Recipient under Section 3201 to be eligible to receive reallocated funds under Section 3201(e). 3. Assistance to Eligible Households. Recipient agrees to permit eligible households (as defined in Section 3201(f)(2)) to submit applications for financial assistance directly to Recipient, and to receive financial assistance directly from Recipient, under programs established by Recipient using funds disbursed under this award. Recipient may make payments to a landlord or utility provider on behalf of an eligible household, but if the landlord or utility provider does not agree to accept such payment after Recipient makes reasonable efforts to obtain its cooperation, Recipient must make such payments directly to the eligible household for the purpose of making payments to the landlord or utility provider. 4. Period of Performance. The period of performance for this award begins on the date hereof and ends on September 30, 2025. Recipient shall not incur any obligations to be paid with the funding from this award after such period of performance ends. 5. Administrative costs. a. Recipient may use funds provided to the Recipient to cover both direct and indirect costs. b. The total of all administrative costs, whether direct or indirect costs, may not exceed 15 percent of the total amount of the total award. 6. Reportina.Recipient agrees to comply with any reporting obligations established by Treasury as related to this award. Recipient acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. 7. Maintenance of and Access to Records. a. Recipient shall maintain records and financial documents sufficient to support compliance with Section 3201 and the Guidance. 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 the period of performance. 8. Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient. 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of Section 3201 and the Guidance. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance 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. Packet Pg. 31 16.D.1.d ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25 and 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. 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 grounds of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (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 or benefiting from 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 with 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 state and local governments or instrumentalities or agencies thereto. 10. False Statements. Recipient understands that false statements or claims made in connection with this award is a violation of federal criminal law and may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 11. 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. Recipients and subrecipients must disclose in writing to Treasury or the pass -through agency, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 12. 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." 13. 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 shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 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. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection services. c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Treasury. Packet Pg. 32 16.D.1.d 14. 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 constitute an agency relationship between the United States and Recipient. 15. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below 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. b. 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; and/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. 16. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 8, 1997), Recipient should and 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. 17. Reducing Text Messaging While Driving_ Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 1, 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. Packet Pg. 33