HomeMy WebLinkAbout20211045.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT FOR USE
OF H.R. 133 FUNDS FOR EMERGENCY RENTAL ASSISTANCE AND AUTHORIZE
CHAIR TO SIGN AND SUBMIT ELECTRONICALLY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Joint Cooperation
Agreement for Use of H.R. 133 Funds for Emergency Rental Assistance, through the Emergency
Housing Assistance Program, between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Human
Services, and the Colorado Department of Local Affairs, Division of Housing, commencing upon
full execution of signatures, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Joint Cooperation Agreement for Use of
H.R. 133 Funds for Emergency Rental Assistance, through the Emergency Housing Assistance
Program, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
Colorado Department of Local Affairs, Division of Housing, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign and submit said agreement.
Cc: HSD 2021-1045
py/�2/21 HR0093
INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT FOR USE OF H.R. 133
FUNDS FOR EMERGENCY RENTAL ASSISTANCE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of April, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
�,�,/ /, WELD COUNTY, COLORADO
ATTEST: Cj�d�`/f y� W...a&;,iC.
Steve Moreno, Chair
Weld County Clerk to the Board I
2021-1045
HR0093
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: April 6, 2021
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Intergovernmental Agreement with the Department
of Local Affairs for H.R. 133 Neighborly Access
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Intergovernmental Agreement (IGA) with the
Department of Local Affairs (DOLA) for H.R. 133 Neighborly Access. The U.S. Department of the
Treasury's Emergency Rental Assistance (ERA) program made available $25 billion dollars to assist
households that are unable to pay rent and utilities due to the COVID- 19 pandemic. Weld County
received a direct allocation of $9,765,398.00. This Intergovernmental Agreement (IGA) with the State of
Colorado, Department of Local Affairs (DOLA) will allow Department staff to utilize the DOLA's
application portal, Neighborly, to check for a duplication of benefits while processing applications.
The term of this Agreement is date of execution until the funds are fully expended or September
30, 2022, whichever occurs first. The County has no financial obligations under this Agreement.
Legal (G. Kalousek) has reviewed and approved the Agreement.
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
Pass -Around Memorandum; April 6, 2021 - ID 4627 Page 1
2021-1045
HROOg3
INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT
BETWEEN WELD COUNTY AND
THE STATE OF COLORADO,
DEPARTMENT OF LOCAL AFFAIRS,
FOR THE BENEFIT OF THE DIVISION OF HOUSING
CONCERNING USE OF HR133 FUNDS FOR EMERGENCY RENTAL ASSISTANCE
This Intergovernmental Joint Cooperation Agreement ("Agreement") is entered into by and
between Weld County ("ULG") and the State of Colorado ("State"), acting through the
Department of Local Affairs ("DOLA"), Division of Housing ("DOH") (collectively, the
"Parties"), and shall be effective as of the date of mutual execution of this Agreement by the
Parties ("Effective Date").
RECITALS
A. H.R. 133 - The Consolidated Appropriations Act, 2021, Division N - Additional
Coronavirus Response and Relief, Title V, Subtitle A - Emergency Rental Assistance
("ERA"), Sec. 501., appropriates funds to states and units of local government for the
purpose of providing financial assistance and housing stability services to eligible
households that have been economically impacted by COVID- 19 (the "ERA Funds").
B. Pursuant to Sec. 501(c)(2)(A), states and units of local government receiving direct
allocations must use not less than 90% of the funds received to provide financial
assistance to eligible households, including the payment of: (i) rent; (ii) rent arrears; (iii)
utilities and home energy costs; (iv) utilities and home energy costs arrears; and (v) other
expenses related to housing incurred due, directly or indirectly, to the novel coronavirus
disease (COVIC- 19) outbreak, as defined by the Secretary.
C. $137,328,265 of ERA Funds have been transferred to 11 Units of Local Government in
Colorado to serve households within their respective jurisdictions and $247,795,759 has
been transferred to DOLA to serve Coloradans statewide. ULG received $9,765,398.00
(the "ULG Funds").
D. DOH has created an Emergency Housing Assistance Program ("EHAP") that it uses to
provide emergency rental assistance to households in Colorado that have been
economically impacted by COVID-19. DOH's EHAP program has been operational
since April 2020. In January 2021, DOH launched a centralized application portal for the
EHAP program using Neighborly software.
E. In March 2021, DOH launched a centralized application portal for a new Emergency
Rental Assistance Program ("ERAP") that it uses to provide emergency rental assistance
to households in Colorado that have been economically impacted by COVID-19.
F. ULG desires to administer its own ERA Funds, but wishes to utilize DOH's EHAP and
ERAP program and Neighborly software to process ERA applications within ULG's
jurisdiction, and DOH is amenable to allowing ULG to utilize its Neighborly software
program process applications for ERA Funds from applicants within the ULG's
jurisdiction.
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Accordingly, in consideration of the mutual promises and agreements made herein, the Parties
agree as follows:
1. PURPOSE AND GOAL. The purposes and goals of this Agreement are to provide for:
expeditious processing of ERA applications submitted by households obligated to pay rent
on a residential dwelling within the ULG's jurisdiction; timely disbursement of ERA Funds
set aside for financial assistance, and; a coordinated expenditure of ERA funds which
prioritizes the use of ULG's ERA Funds prior to the expenditure of State ERA funds in the
Local Jurisdiction to the extent reasonably possible.
2. TERM. This Agreement shall begin on the Effective Date, and shall end on the earlier of:
the date all of the ULG's ERA funds are fully spent, the date the ULG's ERA funds are no
longer available pursuant to the terms of H.R. 133, September 30, 2022, or the date this
Agreement is terminated pursuant to section 8 below, whichever occurs first.
3. STATEMENT OF WORK. The Parties agree to perform their respective services as
described in this Agreement and Exhibit B (the "Statement of Work").
4. CONFIDENTIAL INFORMATION -STATE RECORDS. "State Records" means any
and all State data, information, and records, regardless of physical form, including, but not
limited to, information subject to disclosure under CORA. The ULG shall keep
confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available pursuant to the Data Uses, Access, and
Protection Policy as presented in Exhibit A.
5. INSURANCE. The ULG is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA") and shall maintain at
all times during the term of this Agreement such liability insurance, by commercial policy
or self-insurance, as is necessary to meet its liabilities under the GIA.
6. BREACH OF AGREEMENT. In the event of a Breach of Agreement, the aggrieved
Party shall give written notice of breach to the other Party.
7. DISPUTE RESOLUTION.
7.1 Initial Resolution. Except as herein specifically provided otherwise, disputes
concerning the performance of this Agreement which cannot be resolved by the
designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior
manager designated by ULG for resolution.
7.2 Resolution of Controversies. If the initial resolution described above fails to
resolve the dispute within 10 Business Days, the ULG shall submit any alleged
breach of this Agreement by the State to the Procurement Official of DOLA for
resolution in accordance with the provisions of §§24-106-109, and 24-109-101.1
through 24-109-505, C.R.S., (the "Resolution Statutes"), except that if ULG
wishes to challenge any decision rendered by the Procurement Official, ULG's
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challenge shall be an appeal to the executive director of the Department of
Personnel and Administration, or their delegate, under the Resolution Statutes
before ULG pursues any further action as permitted by such statutes. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall
apply including, without limitation, time limitations.
7.3 Notwithstanding any provision to the contrary, in the event DOLA fails to
perform any provision of this Agreement, such failure shall not result in the
payment of any funds to the ULG.
8. TERMINATION BY STATE. Due to the emergency nature of this Agreement, the State
reserves the right to suspend or terminate this Agreement for any reason or for no reason
upon notice to the ULG of no fewer than five (5) business days.
9. GENERAL PROVISIONS.
9.1 Entire Understanding. This Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior
representations and understandings related to the Work, oral or written, are
merged into this Agreement. Prior or contemporaneous additions, deletions, or
other changes to this Agreement shall not have any force or effect whatsoever,
unless embodied herein.
9.2 Digital Signatures. If any signatory signs this Agreement using a digital
signature in accordance with the Colorado State Controller Agreement, Grant and
Purchase Order Policies regarding the use of digital signatures issued under the
State Fiscal Rules, then any agreement or consent to use digital signatures within
the electronic system through which that signatory signed shall be incorporated
into this Agreement by reference.
9.3 Modification. Except as otherwise provided in this Agreement, any modification
to this Agreement shall only be effective if agreed to in a formal amendment to
this Agreement, properly executed and approved in accordance with applicable
Colorado State law and State Fiscal Rules. Modifications permitted under this
Agreement, other than contract amendments, shall conform to the policies issued
by the Colorado State Controller.
9.4 Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this
Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have
been changed or amended since the Effective Date of this Agreement.
9.5 Severability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability of any other provision of
this Agreement, which shall remain in full force and effect, provided that the
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Parties can continue to perform their obligations under this Agreement in
accordance with the intent of this Agreement.
9.6 Survival of Certain Agreement Terms. Any provision of this Agreement that
imposes an obligation on a Party after termination or expiration of the Agreement
shall survive the termination or expiration of this Agreement and shall be
enforceable by the other Party.
9.7 Third Party Beneficiaries. This Agreement does not and is not intended to
confer any rights or remedies upon any person or entity other than the Parties.
Enforcement of this Agreement and all rights and obligations hereunder are
reserved solely to the Parties. Any services or benefits which third parties receive
as a result of this Agreement are incidental to this Agreement, and do not create
any rights for such third parties.
9.8 Waiver. A Party's failure or delay in exercising any right, power, or privilege
under this Agreement, whether explicit or by lack of enforcement, shall not
operate as a waiver, nor shall any single or partial exercise of any right, power, or
privilege preclude any other or further exercise of such right, power, or privilege.
9.9 CORA Disclosure. To the extent not prohibited by federal law, this Agreement
and the performance measures and standards required under §24-106-107, C.R.S.,
if any, are subject to public release through the CORA.
9.10 Standard and Manner of Performance. ULG shall perform its obligations
under this Agreement in accordance with the highest standards of care, skill and
diligence.
10. FINANCIAL OBLIGATIONS. This Agreement shall not be deemed a pledge of the
credit of the ULG or of DOH. Nothing in this Agreement shall be construed to create a
multiple -fiscal year direct or indirect State or municipal debt, or State or municipal
financial obligation.
11. ADDITIONAL DOCUMENTS OR ACTION. The Parties agree to execute any
additional documents and to take any additional action necessary to carry out this
Agreement.
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DocuSign Envelope ID: 3596FB48-F782-4A58-845F-C8A3F86B6F83
THE PARTIES HERETO HAVE EXECUTED THIS
INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to
execute this Agreement and to bind the Party authorizing such signature.
UNIT OF LOCAL GOVERNMENT
Weld County
DocuSigned by.
By S Nt, t�l.BVtw
teve oreno, Chair of the Board of
Commissioners
Date: 4/14/2021 1 10:34 AM MDT
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
DocuSigned by:
By:
Ric1"M1. Executive Director
Effective Date: 4/14/2021 1 2:37 PM MDT
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EXHIBIT A:
Data Uses, Access and Protection Policy
Definitions
"Applicant Information" means any and all data, information and records, accessed by ULG
through Neighborly for the purpose of applying for rental or utility assistance.
"Applicant" means the head of household who submitted the application through Neighborly.
"ULG" is as defined in the Intergovernmental Joint Cooperation Agreement.
"DOH" means Division of Housing, Department of Local Affairs, State of Colorado.
"H.R. 133" means Division N, Title V, Subtitle A, Emergency Rental Assistance, of H.R. 133:
Consolidated Appropriations Act, 2021 [Including Coronavirus Stimulus & Relief], and any
guidance documents for H.R. 133 published by the United States Department of the Treasury.
"Data Security Breach" means the unauthorized acquisition of unencrypted data that
compromises the security, confidentiality or integrity of personal information accessed through
neighborly and maintained by ULG.
"DOH Data Systems" means Neighborly and any other data base, spreadsheet or other form of
information system to which ULG is provided access for the purpose of reviewing Applicant
Information.
"Third Party" means a third party to which ULG gives access to Applicant Information or to
DOH Data Systems.
Permitted use of Applicant Information ("Permitted Use")
Applicant Information may only be used for the purpose of providing rental and/or utility
assistance as defined in H.R. 133.
ULG shall use and access Applicant Information only for the Permitted Use or for review by the
Federal Government during an audit or monitoring.
ULG may not view, download, make reports with or otherwise access applications in the
Neighborly system that are submitted by Applicants that reside outside of the Local Jurisdiction.
ULG may not download, export, take screenshots, or otherwise save Applicant Information
outside of the Neighborly system, except for the purpose of billing and reporting required by
law.
Data Security
ULG shall keep Applicant Information confidential. ULG shall take all necessary precautions,
including, but not limited to:
1. Safeguarding the storage of Applicant Information,
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2. Restricting which employees are given access to Applicant Information and to DOH Data
Systems. Only those employees of ULG who are directly responsible for the Permitted
Use shall have access to, or use of, Applicant Information.
3. Protecting Applicant Information, DOH Data Systems and ULG's information systems
used for storing Applicant Information from unauthorized access, usage, or release.
4. Ensuring that all of ULG's employees who will have access to Applicant Information
have passed comprehensive criminal background checks, prior to giving them access to
Applicant Information.
5. Develop and follow a Records Retention Policy that maintains Applicant Information for
only the length of time required by law and ULG policy.
Third Party Access
ULG shall not give any Third Party access to Applicant Information or to DOH Data Systems
without DOH's written permission. The acceptance or denial of a request for Third Party access
to Applicant Information shall be solely determined at the discretion of DOH.
Before allowing any Third Party to access or use any DOH Data Systems or to participate in any
activity involving Applicant Information, ULG shall:
1. Give DOH reasonable notice that identifies the Third Party to which ULG plans to grant
access and the Provider Information or Provider information systems to which they are to
have access.
2. Require the Third Party to review and agree to this Data Usage, Access and Privacy
Policy.
3. Ensure that the Third Party and all of the Third Party's employees and agents that will
have access to Applicant Information or to DOH Data Systems pass comprehensive
criminal background checks.
4. Require that the Third Party provide for the security of Applicant Information as
described in this policy.
5. Require Third Party Record Retention Policy that maintains Applicant Information for
only the length of time required by law and ULG policy.
Data Security Breach
ULG acknowledges that it is solely responsible for any breach of the confidentiality of Applicant
Information once that Applicant Information is accessed by ULG its employees, agents, or
licensees.
If a Data Security Breach has occurred, ULG must report this in writing to DOH within one
business day.
If a Data Security Breach has occurred, ULG must conduct a prompt, good faith investigation to
determine the likelihood that personal information has or will be misused. If the investigation
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determines that personal information has been or will be misused, the ULG must provide notice
to the affected Applicants within 30 days after the date ULG determined a breach had occurred.
ULG must report to DOH the findings of its investigations and notifications provided to the
affected Applicants.
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EXHIBIT B — STATEMENT OF WORK (SOW)
1. GENERAL
1.1. Project Description. Pursuant to H.R. 133 (the "Consolidated Appropriations Act,
2021"), Division N, Title V, Subtitle A, Section 501, Emergency Rental Assistance
("ERA"), funds have been transferred to Weld County (a "Unit of Local Government"
or "ULG") for the purpose of providing Financial Assistance (as that term is defined in
Section 501(c)(2) of the Act), including the payment of rent, rent arrears, utilities and
home energy costs, utilities and home energy costs arrears, and other expenses related
to housing incurred due, directly or indirectly, to the novel coronavirus disease
(COVID-19) outbreak, to eligible households in the ULG's jurisdiction (the "Project").
1.2. Obligations of the Parties.
1.2.1. DOH shall provide ULG with access to applications for ERA from Households
obligated to pay rent on a residential dwelling located within the ULG's Local
Jurisdiction that have been received through the DOH application portal, and
shall provide ULG with Neighborly software user licenses for use in processing
such applications. The quantity of software licenses to be provided and the
period of time in which such licenses may be used by ULG shall be determined
by DOH, at its sole discretion.
1.2.2. ULG shall use the Neighborly software licenses provided to it by DOH to
process applications for ERA submitted by Households submitted through the
DOH application portal.
1.2.3. ULG and DOH agree to work cooperatively to timely disburse ERA Funds to
eligible Households, and shall prioritize the expenditure of ULG ERA funds
over DOH ERA funds.
1.2.4. ULG and DOH agree to provide mutual reporting sufficient to meet both their
internal accounting needs and the requirements of the federal government
regarding H.R. 133 funds.
1.2.5. ULG shall complete the Project, administer this Agreement, and provide
required documentation to the State as specified herein.
1.2.6. Prior to disbursing any ERA Funds using applications from the DOH
application portal, ULG shall enter into a written agreement, the content of
which meets DOLA's requirements, with:
1.2.6.1. All entities (e.g. subcontractors) engaged by ULG to provide good or
services in furtherance of the purposes of this Agreement or aid in the
performance of the Work; and
1.2.7. ULG shall not transfer or assign this Agreement or any of its provisions without
prior, written approval of DOLA. Any attempt at assignment or transfer without
such consent shall be void. ULG acknowledges that DOH has hired Home LLP
as its subcontractor for purposes of administering DOLA's H.R. 133 ERA
Funds and consents to DOH's use of such subcontractor.
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1.3. Time of Performance. ULG shall commence its performance of the Work on the
Effective Date of this Agreement.
2. DEFINITIONS
In addition to the definitions in the main body of this Agreement, the following terms as used
herein shall be construed and interpreted as follows:
2.1. Beneficiaries. [Reserved].
2.2. ERA. "ERA" means Emergency Rental Assistance services as set forth in H.R.133.
2.3. Individual. [Reserved].
2.4. Homeowner. [Reserved].
2.5. HUD. "HUD" is the United States Department of Housing and Urban Development.
2.6. Local Jurisdiction. "Local Jurisdiction" means the physical and geographical area
represented by the ULG.
2.7. Other Funds. [Reserved].
2.8. Pre -Agreement Costs. [Reserved].
2.9. Project. "Project" means the overall project described in §1.1 including, without
limitation, the Work.
2.10. Project Close -Out Date. "Project Close -Out Date" shall mean the date DOLA
determines the Project is complete as identified in writing to the ULG.
2.11. Property Owner. "Property Owner" [Reserved].
2.12. Property Management Company. [Reserved].
2.13. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited
to, PII and State personnel records not subject to disclosure under CORA. State
Confidential Information shall not include information or data concerning individuals
that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to ULG which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to ULG without restrictions at the
time of its disclosure to ULG; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by ULG to the State; (iv) is disclosed to ULG,
without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State
Confidential Information.
2.14. "Subcontractor" means third -parties, if any, engaged by ULG to aid in performance of
the Work.
2.15. Household. "Household" means a household of one (1) or more individuals who are
obligated to pay rent on a residential dwelling located in the ULG's jurisdiction.
2.16. USDT. "USDT" is the United States Department of the Treasury.
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3. ACTIVITIES
3.1. Outcome. Project Completion in accordance with the terms of the Agreement, and the
specific State -authorized activities described herein.
3.2. Service Area. The performance of services for this Agreement shall occur in Weld
County, State of Colorado.
3.3. Performance Measures. The ULG shall notify the State within 30 days of the full
expenditure of the ULG ERA funds.
3.4. Unit of Local Government Responsibilities
3.4.1. The ULG may enter into an agreement with Benevate, Inc., d/b/a Neighborly
Software ("Neighborly") for licensing and access to ERA applications in the
Neighborly software system through the DOH application portal.
3.4.2. The ULG shall review, assess and approve or deny (as appropriate) ERA
applications submitted by a Household, utilizing the Neighborly software
system operated by DOH.
3.4.3. The ULG shall be responsible for applications for rental assistance that will be
submitted to DOH from Households living within the Local Jurisdiction while
this Agreement is in effect. This includes reviewing documents for completion
and eligibility, approving applications, communicating with applicants and
Property Owners, and making payments. More detail on the documentation
required for eligibility can be found in the U.S. Department of the Treasury
Emergency Rental Assistance Frequently Asked Questions (Revised February
22, 2021), attached for reference as Exhibit C to this Agreement. The ULG
shall also be responsible for complying with any updated guidance issued by
USDT, including any updates to the documentation reflected in Exhibit C.
3.4.4. ULG shall be responsible for meeting all requirements set forth in H.R.133 for
the use of ERA Funds provided to the ULG, including prioritizing payment of
applications in the manner required in H.R. 133. The State shall not be
responsible for the Local Jurisdiction's expenditure of the funds.
3.4.5. ULG shall review applications submitted to the DOH Neighborly software
system, using a process established by the ULG or DOH, to review resident data
to verify that no duplication of benefits would occur for the applicants or a
Household prior to the distribution of assistance.
3.4.6. The ULG shall only use the Neighborly software system in order to process
applications within its own jurisdiction, excluding all data for applicants from
areas outside its jurisdiction.
3.5. DOH Responsibilities
3.5.1. DOH shall accept ERA applications on the ULG's behalf through the
Neighborly software system application portal.
3.5.2. DOH shall make applications from residents of Colorado available to the ULG
through the Neighborly software system.
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3.5.3. Upon agreement with the ULG, DOH may review documents for completion
and eligibility, approve applications, communicate with applicants and Property
Owners, and make payments from the State ERA funds as needed.
3.5.4. DOH shall make raw data of applications received available to the ULG for
review of Duplication of Benefits.
4. KEY PERSONNEL
4.1. Responsible Administrator. ULG's performance hereunder shall be under the direct
supervision of the individual identified below, an employee or agent of ULG, who is
hereby designated as the Responsible Administrator of this project:
Julie Witkowski, Family Resource Division Head
Weld County
1150O Street
Greeley, CO 80631
witkowjx@weldov.com
4.2. Other Key Personnel. Don Warden, Finance Director, dwarden(weld o� v.com;
Jamie Ulrich, ulrichjj@weldgov.com
4.3. DOH Program Manager. Alison George, Alison.georgec uistate.co.us, or such other
point of contact as DOH designates
4.4. Replacement Personnel. If any ULG Key Personnel cease to serve, ULG shall
immediately notify DOH of such event in writing. Replacement of ULG Responsible
Administrator shall be subject to DOH approval. Requests to replace ULG Responsible
Administrator shall be made in writing to the DOH Program Manager and shall include,
without limitation, the name of the person, their qualifications, and the effective date of
the proposed change. Anytime ULG Responsible Administrator ceases to serve, the
State, at its sole discretion, may direct ULG to suspend work on the Project until such
time as the ULG proposes a replacement and such replacement is approved by DOH.
5. FUNDING
[Reserved].
6. PAYMENT
[Reserved].
7. ADMINISTRATIVE REQUIREMENTS
ULG shall administer ERA Funds in accordance with the requirements of this Agreement,
H.R. 133, and this Exhibit B.
7.1. Accounting. ULG shall maintain segregated accounts of ERA Funds and any Other
Funds, associated with the Project and make those records available to the State upon
request. All receipts and expenditures associated with the Project shall be documented
in a detailed and specific manner, in accordance with the Project Budget in §5.2 above.
7.2. Reporting. If requested, ULG shall provide DOH with a copy of all reporting required
to be provided by the ULG to HUD pursuant to Section 501(g) of the Act. ULG shall
notify the State within three (3) business days of: the date that it obligates 65% of the
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full amount of H.R. 133 funds originally allocated to it, and the date it expends 100% of
the ULG ERA funds.
END OF EXHIBIT B
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U.S. Department of the Treasury
Emergency Rental Assistance
Frequently Asked Questions
Revised February 22, 2021
The Department of the Treasury (Treasury) is providing these frequently asked questions (FAQs) as
guidance regarding the requirements of the Emergency Rental Assistance (ERA) program established by
section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27,
2020) (the Act). These FAQs will be supplemented by additional guidance.
1. Who is eligible to receive assistance under the Act and how should a grantee document the
eligibility of a household?
A grantee may only use the funds provided in the ERA to provide financial assistance and housing
stability services to eligible households. To be eligible, a household must be obligated to pay rent on a
residential dwelling and the grantee must determine that:
i. one or more individuals within the household has qualified for unemployment benefits or
experienced a reduction in household income, incurred significant costs, or experienced other
financial hardship due, directly or indirectly, to the COVID- 19 outbreak;
ii. one or more individuals within the household can demonstrate a risk of experiencing
homelessness or housing instability; and
iii. the household has a household income at or below 80% of area median income.
The FAQs below describe the documentation requirements for each of these conditions of eligibility.
These requirements provide for various means of documentation so that grantees may extend this
emergency assistance to vulnerable populations without imposing undue documentation burdens. As
described below, given the challenges presented by the COVID-19 pandemic, grantees may be flexible as
to the particular form of documentation they require, including by permitting photocopies or digital
photographs of documents, e -mails, or attestations from employers, landlords, caseworkers, or others with
knowledge of the household's circumstances. Grantees must require all applications for assistance to
include an attestation from the applicant that all information included is correct and complete.
In all cases, grantees must document their policies and procedures for determining a household's
eligibility to include policies and procedures for determining the prioritization of households in
compliance with the statute and maintain records of their determinations. Grantees must also have
controls in place to ensure compliance with their policies and procedures and prevent fraud. Grantees
must specify in their policies and procedures under what circumstances they will accept written
attestations from the applicant without further documentation to determine any aspect of eligibility or the
amount of assistance, and in such cases, grantees must have in place reasonable validation or fraud -
prevention procedures to prevent abuse.
2. How should applicants document that a member of the household has qualified for
unemployment benefits, experienced a reduction in income, incurred significant costs, or
experienced other financial hardship due to the COVID-19 outbreak?
A grantee must document that one or more members of the applicant's household either (i) qualified for
unemployment benefits or (ii) experienced a reduction in household income, incurred significant costs, or
experienced other financial hardship due, directly or indirectly, to the COVID-19 outbreak. If the grantee
is relying on clause (i) for this determination, the grantee is permitted to rely on either a written attestation
signed by the applicant or other relevant documentation regarding the household member's qualification
for unemployment benefits. If the grantee is relying on clause (ii) for this determination, the Act requires
the grantee to obtain a written attestation signed by the applicant that one or more members of the
household meets this condition.
3. How should a grantee determine that an individual within a household is at risk of experiencing
homelessness or housing instability?
The Act requires that one or more individuals within the household can demonstrate a risk of
experiencing homelessness or housing instability, which may include (i) a past due utility or rent notice or
eviction notice, (ii) unsafe or unhealthy living conditions, or (iii) any other evidence of risk, as
determined by the grantee. Grantees should adopt policies and procedures addressing how they will
determine the presence of unsafe or unhealthy living conditions and what evidence of risk to accept in
order to support their determination that a household satisfies this requirement.
4. The Act limits eligibility to households with income that does not exceed 80 percent of the median
income for the area in which the household is located, as determined by the Department of Housing
and Urban Development (HUD), but does not provide a definition of household income. How is
household income defined for purposes of the ERA program? How will income be documented and
verified?
Definition of Income: With respect to each household applying for assistance, grantees may choose
between using HUD's definition of "annual income" in 24 CFR 5.609' and using adjusted gross income
as defined for purposes of reporting under Internal Revenue Service Form 1040 series for individual
federal annual income tax purposes.
Methods for Income Determination: The Act provides that grantees may determine income eligibility
based on either (i) the household's total income for calendar year 2020, or (ii) sufficient confirmation of
the household's monthly income at the time of application, as determined by the Secretary of the Treasury
(Secretary).
If a grantee uses a household's monthly income to determine eligibility, the grantee should review the
monthly income information provided at the time of application and extrapolate over a 12 -month period
to determine whether household income exceeds 80 percent of area median income. For example, if the
applicant provides income information for two months, the grantee should multiply it by six to determine
the annual amount. If a household qualifies based on monthly income, the grantee must redetermine the
household income eligibility every three months for the duration of assistance.
Documentation of Income Determination: Grantees must have a reasonable basis under the circumstances
for determining income. Except as discussed below, this generally requires a written attestation from the
applicant as to household income and also documentation available to the applicant to support the
determination of income, such as paystubs, W -2s or other wage statements, tax filings, bank statements
demonstrating regular income, or an attestation from an employer. As discussed below, under limited
circumstances, a grantee may rely on a written attestation from the applicant without further
documentation of household income. Grantees have discretion to provide waivers or exceptions to this
documentation requirement to accommodate disabilities, extenuating circumstances related to the
' See https://www.ecfr.aov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.5#se24.1.5 1609.
pandemic, or a lack of technological access. In these cases, the grantee is still responsible for making the
required determination regarding the applicant's household income and documenting that determination.
Categorical Eligibility: If an applicant's household income has been verified to be at or below 80 percent
of the area median income in connection with another local, state, or federal government assistance
program, grantees are permitted to rely on a determination letter from the government agency that verified
the applicant's household income, provided that the determination for such program was made on or after
January 1, 2020.
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, grantees may
accept a written attestation from the applicant regarding household income. If such a written attestation
without further documentation is relied on, the grantee must reassess household income for such
household every three months. In appropriate cases, grantees 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.
Definition ofArea Median Income: The area median income for a household is the same as the income
limits for families published in accordance with 42 U.S.C. 1437a(b)(2), available under the heading for
"Access Individual Median Family Income Areas" at https://www.huduser.gov/portal/datasets/il.html.z
5. The Act provides that ERA funds may be used for rent and rental arrears. How should a grantee
document where an applicant resides and the amount of rent or rental arrears owed?
Grantees must obtain, if available, a current lease, signed by the applicant and the landlord or sublessor
that identifies the unit where the applicant resides and establishes the rental payment amount. If a
household does not have a signed lease, documentation of residence may include evidence of paying
utilities for the residential unit, an attestation by a landlord who can be identified as the verified owner or
management agent of the unit, or other reasonable documentation as determined by the grantee. In the
absence of a signed lease, evidence of the amount of a rental payment may include bank statements,
check stubs, or other documentation that reasonably establishes a pattern of paying rent, a written
attestation by a landlord who can be verified as the legitimate owner or management agent of the unit, or
other reasonable documentation as defined by the grantee in its policies and procedures.
Written Attestation: If an applicant is able to provide satisfactory evidence of residence but is unable to
present adequate documentation of the amount of the rental obligation, grantees may accept a written
attestation from the applicant to support the payment of assistance up to a monthly maximum of 100% of
the greater of the Fair Market Rent or the Small Area Fair Market Rent for the area in which the applicant
resides, as most recently determined by HUD and made available at
https://www.huduser.gov/portal/datasets/fmr.html. In this case, the applicant must also attest that the
household has not received, and does not anticipate receiving, another source of public or private subsidy
or assistance for the rental costs that are the subject of the attestation. This limited payment is intended to
provide the most vulnerable households the opportunity to gather additional documentation or negotiate
with landlords in order to avoid eviction. Such assistance may only be provided for three months at a
time. A grantee must obtain evidence of rent owed consistent with the above after three months in order
2 Specifically, 80% of area median income is the same as "low income." For the purpose of prioritizing rental
assistance as described in FAQ 22 below, pursuant to section 501(c)(4)(A) of Subdivision N of the Act, 50 percent
of the area median income for the household is the same as the "very low-income limit" for the area in question.
to provide further assistance to such a household; Treasury expects that in most cases the household
would be able to provide documentation of the amount of the rental obligation in any applications for
further assistance.
6. The Act provides that ERA funds may be used for "utilities and home energy costs" and
"utilities and home energy costs arrears." How are those terms defined and how should those costs
be documented?
Utilities and home energy costs are separately stated charges related to the occupancy of rental property.
Accordingly, utilities and home energy costs include separately stated electricity, gas, water and sewer,
trash removal, and energy costs, such as fuel oil. Payments to public utilities are permitted.
All payments for utilities and home energy costs should be supported by a bill, invoice, or evidence of
payment to the provider of the utility or home energy service.
Utilities and home energy costs that are covered by the landlord will be treated as rent.
7. The Act provides that ERA funds may be used for "other expenses related to housing incurred
due, directly or indirectly, to" the COVID-19 outbreak, as defined by the Secretary. What are
some examples of these "other expenses"?
The Act requires that other expenses must be related to housing and be incurred due directly or indirectly
due to COVID-19. Such expenses include relocation expenses and rental fees (if a household has been
temporarily or permanently displaced due to the COVID- 19 outbreak); reasonable accrued late fees (if not
included in rental or utility arrears and if incurred due to COVID-19); and Internet service provided to the
rental unit. Internet service provided to a residence is related to housing and is in many cases a vital
service that allows renters to engage in distance learning, telework, and telemedicine and obtain
government services. However, given that coverage of Internet would reduce the amount of funds
available for rental assistance, grantees should adopt policies that govern in what circumstances that they
will determine that covering this cost would be appropriate.
All payments for housing -related expenses must be supported by documentary evidence such as a bill,
invoice, or evidence of payment to the provider of the service.
8. Must a beneficiary of the rental assistance program have rental arrears?
No. The statute does not prohibit the enrollment of households for only prospective benefits. Section
501(c)(2)(B)(iii) of Division N of the Act does provide that if an applicant has rental arrears, the grantee
may not make commitments for prospective rent payments unless it has also provided assistance to reduce
the rental arrears.
9. May a grantee provide assistance for arrears that have accrued before the date of enactment of
the statute?
Yes, but not before March 13, 2020, the date of the emergency declaration pursuant to section 501(b) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5191(b).
10. Is there a limit on financial assistance for prospective rent?
Yes. Under the Act, financial assistance for prospective rent payments is limited to three months based
on any application by or on behalf of the household, except that the household may receive assistance for
prospective rent payments for additional months (i) subject to the availability of remaining funds
4
currently allocated to the grantee, and (ii) based on a subsequent application for additional assistance
provided that the total months of assistance provided to the household do not exceed 12 months (plus an
additional three months if necessary to ensure housing stability for the household, subject to the
availability of funds).
11. Must a grantee pay for all of a household's rental or utility arrears?
No. The full payment of arrears is allowed up to the 12 -month limit established by the statute. Grantees
may provide assistance for an additional three months if the grantee determines that further assistance is
necessary to ensure housing stability. A grantee may structure a program to provide less than full
coverage of arrears.
12. What outreach must be made by a grantee to a landlord or utility provider before determining
that the landlord or utility provider will not accept direct payment from the grantee?
Treasury expects that in general, rental and utility assistance can be provided most effectively and
efficiently when the landlord or utility provider participates in the program. As required by the Act,
grantees must make reasonable efforts to obtain the cooperation of landlords and utility providers to
accept payments from the ERA program. Outreach will be considered complete if (i) a request for
participation is sent in writing, by mail, to the landlord or utility provider, and the addressee does not
respond to the request within 14 calendar days after mailing; (ii) the grantee has made at least three
attempts by phone, text, or e-mail over a 10 calendar -day period to request the landlord or utility
provider's participation; or (iii) a landlord confirms in writing that the landlord does not wish to
participate. The final outreach attempt or notice to the landlord must be documented. The cost of
contacting landlords would be an eligible administrative cost.
13. Is there a requirement that the eligible household have been in its current rental home when
the public health emergency with respect to COVID-19 was declared?
No. Payments under ERA are provided to help households meet housing costs that they are unable to
meet as a result of the COVID-19 pandemic. There is no requirement regarding the length of tenure in
the current unit.
14. What data should a grantee collect regarding households to which it provides rental assistance
in order to comply with Treasury's reporting and recordkeeping requirements?
Treasury will provide instructions at a later time as to what information grantees must report to Treasury
and how this information must be reported. At a minimum, in order to ensure that Treasury is able to
fulfill its quarterly reporting requirements under section 501(g) of Division N of the Act and its ongoing
monitoring and oversight responsibilities, grantees should anticipate the need to collect from households
and retain records on the following:
• Address of the rental unit;
• For landlords and utility providers, the name, address, and Social Security number, tax
identification number or DUNS number;
• Amount and percentage of monthly rent covered by ERA assistance;
• Amount and percentage of separately stated utility and home energy costs covered by ERA
assistance;
• Total amount of each type of assistance provided to each household (i.e., rent, rental arrears,
utilities and home energy costs, utilities and home energy costs arrears, and other expenses
related to housing incurred due directly or indirectly to the COVID-19 outbreak);
• Amount of outstanding rental arrears for each household;
• Number of months of rental payments and number of months of utility or home energy cost
payments for which ERA assistance is provided;
• Household income and number of individuals in the household; and
• Gender, race, and ethnicity of the primary applicant for assistance.
Grantees should also collect information as to the number of applications received in order to be able to
report to Treasury the acceptance rate of applicants for assistance.
Treasury's Office of Inspector General may require the collection of additional information in order to
fulfill its oversight and monitoring requirements.3 Treasury will provide additional information regarding
reporting to Treasury at a future date. Grantees must comply with the requirement in section 501(g)(4) of
Division N of the Act to establish data privacy and security requirements for information they collect.4
The assistance listing number assigned to the ERA program is 21.023.
15. The statute requires that ERA payments not be duplicative of any other federally funded rental
assistance provided to an eligible household. Are tenants of federally subsidized housing, e.g., Low
Income Housing Credit, Public Housing, or Indian Housing Block Grant -assisted properties,
eligible for ERA?
An eligible household that occupies a federally subsidized residential or mixed -use property may receive
ERA assistance, provided that ERA funds are not applied to costs that have been or will be reimbursed
under any other federal assistance.
If an eligible household receives a monthly federal subsidy (e.g., a Housing Choice Voucher, Public
Housing, or Project -Based Rental Assistance) and the tenant rent is adjusted according to changes in
income, the renter household may receive ERA assistance for the tenant -owed portion of rent or utilities
that is not subsidized.
Pursuant to section 501(k)(3)(B) of Subdivision N of the Act and 2 CFR 200.403, when providing ERA
assistance, the grantee must review the household's income and sources of assistance to confirm that the
ERA assistance does not duplicate any other assistance, including federal, state, or local assistance
provided for the same costs. Grantees may rely on an attestation from the applicant regarding non -
duplication with other government assistance in providing assistance to a household. Grantees with
3 Note that this FAQ is not intended to address all reporting requirements that will apply to the ERA program but
rather to note for grantees information that they should anticipate needing to collect from households with respect to
the provision of rental assistance.
4 Specifically, the Act requires grantees to establish data privacy and security requirements for certain information
regarding applicants that (i) include appropriate measures to ensure that the privacy of the individuals and
households is protected; (ii) provide that the information, including any personally identifiable information, is
collected and used only for the purpose of submitting reports to Treasury; and (iii) provide confidentiality
protections for data collected about any individuals who are survivors of intimate partner violence, sexual assault, or
stalking.
Ce
overlapping or contiguous jurisdictions are particularly encouraged to coordinate and participate in joint
administrative solutions to meet this requirement.
16. May a Tribe or Tribally Designated Housing Entity (TDHE) provide assistance to Tribal
members living outside Tribal lands?
Yes. Tribal members living outside Tribal lands may receive ERA funds from their Tribe or TDHE,
provided they are not already receiving assistance from another Tribe or TDHE, state, or local
government.
17. May a Tribe or TDHE provide assistance to non -Tribal members living on Tribal lands?
Yes. A Tribe or TDHE may provide ERA funds to non -Tribal members living on Tribal lands, provided
these individuals are not already receiving assistance from another Tribe or TDHE, state, or local
government.
18. May a grantee provide assistance to households for which the grantee is the landlord?
Yes. A grantee may provide assistance to households for which the grantee is the landlord provided that
the grantee complies with the all provisions of the Act, the award terms, and this guidance and that no
preferences beyond those outlined in the Act are given to households that reside in the grantee's own
properties.
19. May a grantee provide assistance to a renter household with respect to utility or energy costs
without also covering rent?
Yes. A grantee is not required to provide assistance with respect to rent in order to provide assistance
with respect to utility or energy costs. The limitations in section 501(c)(2)(B) of Division N of the Act
limiting assistance for prospective rent payments do not apply to the provision of utilities or home energy
costs.
20. May a grantee provide ERA assistance to homeowners to cover their mortgage, utility, or
energy costs?
No. Under the Act, ERA assistance may be provided only to eligible households, which is defined to
include only households that are obligated to pay rent on a residential unit.
21. May grantees administer ERA programs by using contractors, subrecipients, or
intergovernmental cooperation agreements?
Yes. Grantees may use ERA payments to make subawards to other entities, including non-profit
organizations and local governments, to administer ERA programs on behalf of the grantees. The
subrecipient monitoring and management requirements set forth in 2 CFR 200.331-200.333 will apply to
such entities. Grantees may also enter into contracts using ERA payments for goods or services to
implement ERA programs. Grantees must comply with the procurement standards set forth in 2 CFR
200.317-200.327 in entering into such contracts. Grantees are encouraged to achieve administrative
efficiency and fiduciary responsibility by collaborating with other grantees in joint administrative
solutions to deploying ERA resources.
22. The Act requires a prioritization of assistance for households with incomes less than 50% of
area median income or households with one or more individuals that have not been employed for
the 90 -day period preceding the date of application. How should grantees prioritize assistance?
Grantees should establish a preference system for assistance that prioritizes assistance to households with
incomes less than 50% area median income and to households with one or more members that have been
unemployed for at least 90 days. Grantees should document the preference system they plan to use and
should inform all applicants about available preferences.
23. The Act allows for up to 10 percent of the funds received by a grantee to be used for housing
stability services related to the COVID-19 outbreak intended to keep households stably housed.
What are some examples of these services?
Housing stability services related to the COVID-19 outbreak include those that enable eligible households
to maintain or obtain housing. Such services may include housing counseling, fair housing counseling,
case management related to housing stability, housing related services for survivors of domestic abuse or
human trafficking, attorney's fees related to eviction proceedings, and specialized services for individuals
with disabilities or seniors that supports their ability to access or maintain housing. Grantees using ERA
funds for housing stability services must maintain records regarding such services and the amount of
funds provided to them.
24. Are grantees required to remit interest earned on ERA payments made by Treasury?
No. ERA 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. ERA payments made by Treasury to local governments,
Tribes, and TDHEs 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.
25. When may Treasury recoup ERA funds from a grantee?
Treasury may recoup ERA funds from a grantee if the grantee does not comply with the applicable
limitations on the use of those funds.
New Contract Request
Entity Information
Entity Name * Entity ID
COLORADO DEPARTMENT OF LOCAL ,?00003104
AFFAIRS
Contract Name *
HR. 133 NEIGHBORLY ACCESS INTERGOVERNMENTAL
AGREEMENT
Contract Status
CTB REVIEW'.
New Entity?
Contract ID
4627
Contract Lead *
APEGG
Contract Lead Email
ape gg weIdgov.corn;ccbbx
x l k'_a weldgov. corns
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description
UTILIZATION OF THE DEPARTMENT OF LOCAL AFFAIRSNEIGHBORLY SOFTWARE TO PROCESS EMERGENCY RENTAL
ASSISTANCE APPLICATIONS. TERM: EFFECTIVE. DATE UNTIL ALL FUNDS ARE EXPENDED OR SEPTEMBER 30, 2022 - WHICHEVER
OCCURS FIRST.
Contract Description 2
PA IS BEING ROUTED THROUGH NORMAL PROCESS, ETA TO CTB: APRIL 8, 2021.
Contract Type * Department
AGREEMENT HUMAN SERVICES
Amount*
Department Email
S0,00
CM-
HumanServices�f-wveldgov.co
Renewable
m
NO
Department Head Email
Automatic Renewal
CM-HunanServices-
DeptHead weldgov.com
Grant
County Attorney
GENERAL COUNTY
IGA
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY AWELDG
OV. COM
Requested BOCC Agenda Due Date
Date* 04 10 2€121
0414?2021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
if this is a renewal enter previous Contract ID
If this is part of a LISA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
04/05 2021
Final Approval
8OCC Approved
BOCC Signed Date
8OCC Agenda Date
04:14:2021
Originator
APEGG
Review Date
07:222022
Committed Delivery Date
Renewal Date
Expiration Date*
09.22 2022
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approved Date
Finance Approver
BARB CONNOLLY
Finance Approved Date
0406:2021
Tyler Ref #
AG 041421
Legal Counsel
GABE KALOUSEK
Legal Counsel Approved Date
0406:2021
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