City Council/Successor Agency/Public Finance Authority
January 20, 2022

CITY OF AVENAL
“Pistachio Capital of the World®”

SPECIAL CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JANAURY 20, 2022; 5:15 P.M.

ONLINE ONLY - PUBLIC MAY PARTICIPATE AT 919 SKYLINE BLVD, AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

LAST ORDINANCE: 2021-02 CITY LAST RESOLUTION: 2022-05
(SA) LAST RESOLUTION: 2021-04 PFA LAST RESOLUTION: 2021-05 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado.

CITY CLERK:

Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.

3. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES:

Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person.

4. NEW BUSINESS:

A. Consider Establishing Two Additional Employment Positions within Avenal Police Department and Two Additional Employment Position within City Hall: (Discussion/Action).

5. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204.

Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.

I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on January 18, 2022.
/s/ Maria Ortiz
Maria Ortiz, City Clerk
Jan 18, 2022 Pg. 1

CIUDAD DE AVENAL
"Capital Mundial del Pistacho®"
REUNIÓN ESPECIAL DEL CONCEJO MUNICIPAL/

AGENCIA SUCESORA/PFA
ENERO 20, 2022; 5:15 P.M.

SOLO EN LÍNEA - EL PÚBLICO PUEDE PARTICIPAR EN
919 SKYLINE BLVD, AVENAL, CA
A TRAVÉS DE ZOOM VIDEO/WEB CONFERENCING:

Enlace Web: bit.ly/AvenalCouncil o usar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y usando el ID de reunión 872 4344 0488 para unirte.

ÚLTIMA ORDENANZA: 2021-02 CIUDAD ÚLTIMA RESOLUCIÓN: 2022-05 (SA) ÚLTIMA RESOLUCIÓN: 2021-04 PFA ÚLTIMA RESOLUCIÓN: 2021-05 AGENDA

1. LLAMADA AL ORDEN Y JURAMENTO DELEALTAD:

2. PASE DE LISTA: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde Interino Alejandro Ramírez; Alcalde Álvaro Preciado.

SECRETARIO DE LA CIUDAD:

Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a recibir un total de $ 300.00 por mes debido a ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia Sucesora.

3. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier punto en la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción de la materia del Concejo Municipal / Agencia Sucesora. La ley estatal prohíbe a cualquier miembro del Consejo / Agencia comentar o actuar sobre asuntos que no están en la agenda. Se permiten tres (3) minutos por persona.

4. NUEVOS NEGOCIOS:

A. Considere la posibilidad de establecer dos puestos de trabajo adicionales dentro del Departamento de Policía de Avenal y dos puestos de trabajo adicionales dentro del Ayuntamiento: (Discusión / Acción).

5. APLAZAMIENTO:
1) De conformidad con la Ley de Estadounidenses con Discapacidad, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II]. 2) Los materiales relacionados con un punto de esta Agenda presentados al [Consejo / Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina [De los Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.

Certifico que este taller de la Agenda del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 18 de enero, 2022. /s/ María Ortiz
María Ortiz, Secretaria municipal
Jan 18, 2022 Pg. 2
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. A
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services & Antony V. López, City Manager DATE: January 18, 2022
RE: Consider Establishing Two Additional Employment Positions within Avenal Police Department and Two Additional Employment Position within City Hall INFORMATION:

Police DepartmentWith the recent announcement of Chief Stiver’s pending retirement, scheduled for April 4, 2022, the Police Department currently does not have an Assistant Chief who can assume the responsibilities of Acting Chief of Police in the interim while the search for a new Chief of Police is conducted. Staff has noted that the current jobs market for high level and experienced administrators for local governments is very competitive – added the City’s location in the Central Valley where most qualified applicants are from out of the area and would have to move closer and expect a high comparative salary, may mean the Chief position will be vacant for a few months.

In the event that a new Chief is not selected and appointed by Chief Stiver’s retirement date, Council directed Staff to prepare a contingency. Given the size and complex needs of the Police Department, Staff recommends the creation of two Captain positions who can equally handle separate duties and assist the Chief in running the day-to-day operations of the Department. In the Chief’s absence, both Captains would share the duties as Acting Chief of Police. This structure would provide for more accountability and ensure coverage for this important City service (Attachment A).

Upon Council’s approval, Staff will open the positions for internal recruitment, and plan to have two candidates in place by early February, allowing time to train under Chief Stivers and prepare the Police Department for further changes and transitions.

City HallGiven the past year of staffing challenges due to COVID-19 and ever chaining regulations for worker health and safety, the current staff at City Hall has more often than not, been overwhelmed in managing the day-to-day duties of providing quality service to the residents of Avenal, while at the same time promptly responding to finance and human resources duties for fellow staff members.

On January 10, 2022, the Federal government published its Final Rule outlining the intended uses for the American Rescue Plan Act (ARPA) funds, which provided flexibility in the re-hiring and hiring of new staff to help local jurisdictions more adequately respond to COVID-19. Specifically:
“If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline.” (Treasury, p. 27, Attachment 1).

Based on the Dept. of Treasury’s formula of multiplying the pre-pandemic baseline of full-time equivalent (FTEs) hours by 1.075, Staff calculate that from a pre-pandemic baseline of 52 employees, the City would be allowed to re-hire full staff and hire up to four additional FTE employees, or about a total of 56 full-time equivalent hour employees.

Jan 18, 2022 Pg. 3
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. A
Considering the recent clarification for use of ARPA funds for Public Sector Capacity (employment), staff believes it is time to recommend two additional positions that will help City Hall work more efficiently and effectively, to be paid for through the City’s ARPA budget:

1. Human Resources/Risk Management Assistant – under the general supervision of the Director of Administrative Services, the Human Resource/Risk Management Assistant will perform administrative tasks and services to support effective and efficient operations of the organizations Human Resource and Risk Management departments. Primarily assist in ensuring workplace safety and employee health (Attachment B).

2. Part-Time Customer Service Representative/Office Assistant – under general supervision to perform varied and moderately difficult clerical work; receives and receipts utility services and other services at the counter and by mail; reporting of Utility Department records; and assists with clerical duties in other departments as needed (Attachment C).

Both positions would have a focus on helping City Hall work through the COVID-19 pandemic and meet new and changing regulations with regards to health and safety.

Council has noted in the past that as the City continues to grow, staff needs will also continue to expand and City Hall must grow accordingly.

RECOMMENDATION:

Recommend by Resolution, approve establishing two additional employment positions within Avenal Police Department and two additional employment position within City Hall. Direct staff to reintroduce this item at the next regular City Council meeting for ratification.

FISCAL IMPACT:

Police Department- In lieu of filling an Assistant Chief position at the S-9 salary range, two Captain positions will be created as a S-7 salary range, which is a step above a top-level Sergeant in the K range (Attachment 2).

These will be Management, exempt positions, which will provide a more predicable salary schedule in the Police Department as opposed to unexpected over-time for a non-exempt officer. No new positions or “bodies” are being created for the Department, instead Staff will re-arrange positions utilizing existing officers.

City Hall- As part of the City’s ARPA budget as approved in August of 2021, $300,000.00 was allocated to help reinstate staff, of which less than $20,000.00 has been expended as of January 2022 (Attachment 3). Staff will utilize this budget to pay for both position and may at a later date request an adjustment once a mid-year budget review is conducted.

Jan 18, 2022 Pg. 4

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

Establishment of Two Additional
Employment Positions within Avenal
Police Department and Two Additional
Employment Position within City Hall.

RESOLUTION 2022-_____
WHEREAS, the City Council of the City of Avenal (“City”) desires to consider information and recommendations from the City Manager pursuant to Avenal Municipal Code § 2-4.108(d) pertaining to reorganization of employment positions; WHEREAS, City desires to create new employment positions to assist with carrying out the lawful business of the City under the control, oversight and direction of the relevant department head(s), and it is in the best interest of the City to create such new employment positions; and
WHEREAS, it is the intent of the City Council to create the employment positions and approve the job descriptions and classifications thereof.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON January 20, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA ORTIZ, City Clerk

CITY OF AVENAL
Jan 18, 2022 Pg. 5

* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true;

2. Approved and adopted the three job descriptions in ATTACHMENT A; ATTACHMENT B; and ATTACHMENT C to this resolution;
s

3. Approved the creation of two new employment positions and classifications within the Avenal Police Department which shall be governed by the job description in ATTACHMENT A for the Police Captain position;

4. Approved the creation of one new employment position and classification at City Hall which shall governed by the job description in ATTACHMENT B for the Human Resources/Risk Management Assistant position;

5. Approved the creation of one new employment position and classification at City Hall which shall governed by the job description in ATTACHMENT C for the Customer Service Representative/Office Assistant position;

6. Unless a budget amendment is necessary, in which case it shall be added to a future Council meeting agenda, the new employment positions created by this resolution shall be considered funded under the existing City budgets for the relevant departments or special budget circumstances; and

7. Authorized the City Manager, City Clerk and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
Jan 18, 2022 Pg. 6
City of Avenal – Police Captain 1

POLICE CAPTAIN
(Management)
SALARY RANGE: S-7 $6,738.81 - $8,191.07; Exempt
GENERAL RESPONSIBILITIES:

Under general supervision of the Chief of Police, assists in the administration and supervision of the Police Department; directs, manages, supervises, and coordinates activities and operations within the Police Department; coordinates assigned activities with other divisions, departments, and outside agencies; provides highly responsible and complex administrative support to the Chief of Police; supervises assigned personnel (sergeant, senior police officers, officers, reserves, supervisory professional; technical and clerical staff); manages municipal jail operations and or detention areas; and can assume command of and responsibility for the department in the absence of the Chief of Police.

DEFINITION:

To direct, manage, supervise and coordinate the daily activities of an area/division (Operations/Administration) within the police department; to assist the Chief of Police with planning, research, budget preparation, personnel issues and supervision, organizational and transformational change, leadership development amongst sworn and non-sworn personnel; coordinate assigned activities with other city departments, divisions and outside agencies.

EXAMPLE OF DUTIES:

The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to share (with a counterpart) additional or different duties from those set forth below to address department needs and changing practices.

1. Assume management responsibility for
assigned law enforcement operations,
services, and activities within the Police
Department.

2. Manage and participate in the development
and implementation of goals, objectives,
policies and priorities for assigned
programs; recommend and administer
policies and procedures.

3. Monitor and evaluate the efficiency and
effectiveness of service delivery methods
and procedures; recommend, within
Departmental policy, appropriate service
and staffing levels.

4. Plan, direct, coordinate and review the work
plan for assigned staff; assign work
activities, projects and programs; review
and evaluate work products, methods and
procedures; meet with staff to identify and
resolve problems.

5. Supervise patrol activities and operations;
schedule assigned patrol routes to officers;
assist in patrol activities during special
events and as needed.

6. Perform a variety of administrative duties
related to patrol operations; receive,
respond to and review citizen complaints
and police citations.

7. Maintain current personnel files for police
officers; ensure all officers have current
licenses and certification according to
P.O.S.T. guidelines; coordinate training and
update courses as needed.

8. Supervise investigative activities and
operations; assign investigations to
detectives; monitor progress of complex
investigations.

Jan 18, 2022 Pg. 7
City of Avenal – Police Captain 2

9. Oversee youth development and community
service programs including juvenile crime
investigations, crime prevention, and
custody of evidence, crime scene
investigations and public relations.

10. Oversee narcotics and gang task forces;
serve as liaison between task forces and
various other agencies.

11. Responds to major incidents reported to the
Police Department and ensures that the
Incident Commander is following Incident
Command System/Standardized
Emergency Management System
(ICS/SEMS) protocol; assumes role as
Incident Commander or other role as
needed for the situation.

12. Selects, trains, motivates, and evaluates
assigned personnel; oversees the conduct
of background investigation; provides or
coordinates staff training; works with
employees to correct deficiencies;
implements discipline and termination
procedures.

13. Participate in the development and
administration of the Police Department's
annual budget; direct the forecast of funds
needed for staffing, equipment, materials
and supplies; monitor and recommend
expenditures; implement adjustments.

14. Serve as liaison for the Police Department
with other City departments, divisions and
outside agencies; negotiate and resolve
sensitive and controversial issues.

15. Serves as the liaison for the assigned
functions with other divisions, departments,
and outside agencies; participates with
community relations including public, media,
and press relations; serves as staff on a
variety of boards, commissions, and
committees; participates in coordinating,
planning, and scheduling City special
events; attends special events planning
meetings.

16. Provides responsible staff assistance to the
Chief of Police; conducts a variety of
organizational studies, investigations, and
operational studies; recommends
modifications to programs, policies, and
procedures as appropriate; develops and
prepares new and revised City ordinances
pertaining to the law enforcement services
and activities; prepares and presents staff
reports and other necessary
correspondence.

17. Attend and participate in professional group
meetings; stay abreast of new trends and
innovations in the field of law enforcement.

18. Responds to and resolves difficult and
sensitive citizen inquiries and complaints;
manages and investigates citizen
complaints against employees; prepares
reports and maintains administrative files;
makes recommendations for disciplinary
actions.

19. Serve as acting Chief of Police as assigned
(sharing responsibility with another
Captain).

20. Perform other related duties as required.

DESIRABLE QUALIFICATIONS:

The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.

The Police Captain must be a good listener – team player – energetic – honest – inclusive and have integrity – progressive – empathetic – respectful of others – value personnel and community – the ability to connect with the community – forward thinking – excellent writing and public speaking skills – good management and supervisory skills – a true leader.

Jan 18, 2022 Pg. 8
City of Avenal – Police Captain 3
Required Knowledge: (but not limited to)
-Operations, services, and activities of a comprehensive municipal law enforcement program. -Law enforcement theory, principles, and practices and their application to a wide variety of services and programs.
-Principles and practices of law enforcement administration, organization, and management. -Methods and techniques used in providing the full range of law enforcement and crime prevention services and activities including investigation and identification, patrol, traffic control, records management, care and custody of persons and property, and crime prevention.
-Use of firearms and other modern police equipment.
-Modern office procedures, methods and computer equipment. -Principles and practices of program development and administration. -Methods and techniques of public relations.
-Recent court decisions and how they affect department operations. -Principles and practices of municipal budget preparation and administration. -Principles of supervision, training, and performance evaluation. -Pertinent Federal, State, and local laws, codes, and regulations.

Education and Experience
Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education/Training:

A Bachelor’s degree from an accredited college or university with major course work in criminal justice, political science, business or public administration, or a related field; preferably a Masters Degree in a related field.

Experience:

Three years of increasingly responsible law enforcement experience including three years of administrative and supervisory experience at a level comparable to or above a Police Sergeant; or an equivalent combination of education and experience.

Skills:

Exercise good judgment in analyzing and problem solving; present ideas clearly and effectively; establish and maintain cooperative working relationships with the City Manager, Chief of Police and the personnel of the Police Department; managing and coordinating assigned operations of the City’s Police Department; interpreting and applying Federal, State, and local laws, regulations, and ordinances; coordinating departmental activities with other City departments and outside agencies; developing, administering, and monitoring budgets; supervising, leading, and delegating tasks and authority; establishing and maintaining cooperative working relationships with staff, City departments, outside agencies, community organizations, and the general public; act quickly and calmly in emergencies. Maintain physical condition appropriate to the performance of assigned duties and responsibilities. Bilingual speaker (Spanish/English) preferred, but not required.

Jan 18, 2022 Pg. 9
City of Avenal – Police Captain 4
Physical Demands/Work Environment
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential job functions.

Environment: Standard office setting, reactive emergency, natural or man-made disaster, and routine peace keeping environments with travel to various locations to attend meetings or respond to major crime scenes, disasters or critical incidents; the employee is occasionally exposed to outside weather conditions; occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, risk of electrical shock, risk of radiation, and vibration; the noise level in the work environment is usually moderate; however, the noise level is occasionally very loud due to sirens, firearm training, etc.; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings.

Physical: performed in and around law enforcement facilities and in the field; require sufficient physical ability to work in an office setting or outside environment; walk, run, stand, or sit for prolonged periods of time; occasionally stoop, bend, kneel, crouch, reach, and twist; occasionally climb and balance; regularly push, pull, lift, and/or carry light to moderate weights; frequently lift and/or move moderate to heavy weights; occasionally lift and/or move heavy weights; operate office equipment including use of computer keyboard; requires a sense of touch, finger dexterity, and gripping with hands and fingers; ability to speak and hear to exchange information; ability to operate a vehicle to travel to various locations; ability to operate and use specialized law enforcement tools and equipment including guns and handcuffs.

Subject to, operating a patrol vehicle; utilizing firearms and apprehending or restraining offenders; exposure to variable weather conditions, emergency incidents, general driving hazards; vehicle traffic, firearms, hazardous materials, infectious diseases, blood borne pathogens, and combative and or violent individuals.

Vision: See in the normal visual range with or without correction; vision sufficient to read computer screens and printed documents.

Hearing: Hear in the normal audio range with or without correction.

Required Licenses or Certifications:

Possession of an appropriate, valid driver’s license.

Possession of a P.O.S.T. Advanced and Supervisory Certificate.

Possession of, or ability to obtain within twenty-four months of appointment, a P.O.S.T.

Management Certificate.

ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEE SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

POSITION SERVES AT WILL TO POLICE CHIEF AND CITY MANAGER

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Revised 1/18/2022
Jan 18, 2022 Pg. 10
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
City of Avenal – HR/Risk Assistant 1

HUMAN RESOURCES/RISK MANAGEMENT ASSISTANT
SALARY RANGE: F.5 $3,806.27 - $4,626.55 per month; Non-Exempt REPORTS TO: DIRECTOR OF ADMINISTRATIVE SERVICES
GENERAL DESCRIPTION & RESPONSIBILITIES:

Under general supervision of the Director of Administrative Services, the Human Resource/Risk Management Assistant will perform administrative tasks and services to support effective and efficient operations of the organizations Human Resource and Risk Management departments. Primarily assist in ensuring workplace safety and employee health.

EXAMPLE OF DUTIES:
• Assists in overseeing and ensures the Personnel and Risk Management functions of the organization are effectively carried out.
• Answers frequently asked questions from applicants and employees relative to standard policies, benefits, hiring processes, etc.; refers more complex questions to appropriate Department Head, HR Director, or City Manager. • Makes recommendations concerning personnel needs, staffing requirements, policies, and procedures, prepares classifications with pay plans and assists in their continuous administration. • Maintains the integrity and confidentiality of human resource files and records. • Performs periodic audits of HR files and records to ensure that all required documents are collected and filed appropriately; Maintains accurate and up-to-date human resource files, records, and documentation. • May assist with payroll functions including processing, answering employee questions, fixing processing errors, and distributing checks.
• Acts as a liaison between the organization and external benefits providers and vendors, which may include health, disability, and retirement plan providers.
• Conducts or assists with new hire orientation.
• Develops and administers organization’s Safety and Risk Management Programs. • Assists in overseeing the City’s Payroll, Retirement and Benefit Plans. • Assists in organizing, administering, and performing assigned centralized personnel services, such as recruitment, selection, classification, affirmative action and compensation; develops plans and programs to maximize the productivity of personnel.
• Assists in reviewing performance evaluations for conformance; ensures evaluations are performed in a timely manner; coordinates events to maintain healthy management-employee relations; and recommends amendments to personnel rules and regulations.
• Stays up to date on new laws, rules and regulations affecting Personnel and Risk Management. • Ensuring compliance with the Affordable Care Act, the Family Medical Leave Act, the California Family Rights Act, the Americans with Disabilities Act, Workers Compensation rules and regulations, the California Occupational Safety and Health Act, and the Fair Labor Standards Act. • Keep track of employee health needs, and changing workplace standards in an constantly changing world of new and evolving health hazards.
• Assists with planning and execution of special events such as benefits enrollment, organization-wide meetings, safety-meetings, employee recognition events, holiday parties, and retirement celebrations. • Develop, coordinate, and monitor employees training programs, Random Drug Testing program, and Family Medical Leave Act Program.
• Performs other duties as assigned.

Jan 18, 2022 Pg. 11
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
City of Avenal – HR/Risk Assistant 2
DESIRABLE QUALIFICATIONS:

Knowledge of: Principles and practices of human resource management, public administration and municipal government; methods and techniques of recruitment, interviewing and selection; principles and practices of benefits administration; principles of supervision, training and performance evaluation; organization and management practices as applied to the analysis, evaluation, development and implementation of programs, policies, and procedures; principles and practices of municipal government budget preparation and administration; research and reporting methods, techniques and procedures; pertinent Federal, State and local laws, codes and regulations; modern office practices, methods computers and computer software including Microsoft Word and Excel; safe driving principles and practices.

Employees in this class will be expected to perform a wide a variety of duties as well as general clerical duties within a framework of established procedures and have the ability to analyze and solve problems. Employee will have frequent contact with other employees – answering a variety of questions or providing information regarding benefits, timecard, safety, and risk management. Stay up to date to changing regulations and inform staff accordingly to ensure compliance.

Skills:
• Excellent verbal and written communication skills.
• Perform clerical work involving use of independent judgement requiring accuracy and speed. • Type at a speed of 45 words per minute from clear copy. • Understand and carry out oral and written directions. • Excellent interpersonal skills with the ability to manage sensitive and confidential situations with tact, professionalism, and diplomacy.
• Excellent organizational skills and attention to detail. • Proficient with Microsoft Office Suite and related software. • Proficient with or the ability to quickly learn payroll management, human resource information system (HRIS), and similar computer applications.
• Establish and maintain cooperative relationship with those contacted in the course of work.

EDUCATION AND EXPERIENCE:

Associates degree in related field or the equivalent and two years of related office experience. Typing and general clerical work. Experience with computers required. Possess strong organizational and human relation skills. A valid Class “C” California Driver’s License is required. Bilingual speaker (Spanish/English) preferred, but not required.

PHYSICAL REQUIREMENTS:

Prolonged periods of sitting at a desk and working on a computer. Must be able to lift up to 15 pounds at times.

ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.

Revised 01/18/22
Jan 18, 2022 Pg. 12
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
City of Avenal – Customer Service/Office Assistant 1

CUSTOMER SERVICE REPRESENTATIVE/OFFICE ASSISTANT
(Part Time Position – Non-Exempt)
SALARY RANGE: A $15-$18.23/hr - (4 - 6 hrs. daily – 4-5 days per week) Required to work a varied schedule of hours, Mon-Fri. Flexibility in scheduling is required.

REPORTS TO: Director of Administrative Services
GENERAL RESPONSIBILITIES:

Under general supervision to perform varied and moderately difficult clerical work; receives and receipts utility services and other services at the counter and by mail; reporting of Utility Department records; and assists with clerical duties in other departments as needed.

EXAMPLES OF DUTIES:

Receipts payments for utility services at the counter and by mail; issue receipts for payments; maintain records of payments received and prepare bank deposits and cash reconciliation sheets; type a wide variety of material from rough draft, copy and/or verbal instructions; may type letters, reports, various forms and statistical data; answers inquiries involving utility payments and other departmental activities; check and calculate statistical data; make mathematical calculations; operate computers, calculators and other office equipment; receive and transmit telephone and radio communications; inputs all new accounts, closed accounts; also serves as the Utility Billing backup support and other duties as required. Scan and organize documents; assist other departments in clerical work as needed.

DESIRABLE QUALIFICATIONS:

Knowledge of: Office methods, practices and procedures. Employees in this class are expected to perform a wide variety of general clerical duties within a framework of established procedures and have the ability to choose among a limited number of alternatives in solving problems; have continual contact with the public, receiving payments and answering wide variety of questions or giving out information from established records. Knowledgeable in word processing and 10-key.

Skills: Perform clerical work involving use of independent judgement requiring accuracy and speed; use vocabulary, spelling, grammar in a proficient manner; make mathematical computations and keep accurate records; collect and account for currency; type at a speed of 45 words per minute from clear copy; understand and carry out oral and written directions; establish and maintain cooperative relationships with those contacted in the course of work.

EDUCATION AND EXPERIENCE:

High School education or the equivalent and three years of experience in typing and general clerical work. Experience with computers. A valid Class “C” California Drivers License is required. Bilingual speaker (Spanish/English) preferred, but not required.

ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.

Amended 01/18/2022
Jan 18, 2022 Pg. 13
Coronavirus State & Local
Fiscal Recovery Funds:

Overview of the Final Rule
U.S. DEPARTMENT OF THE TREASURY
January 2022
Jan 18, 2022 Pg. 14
2 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions.

The descriptions provided in this document summarize key provisions of the final rule but are non-exhaustive, do not describe all terms and conditions associated with the use of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF funds received are also subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program.

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3 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Contents
Introduction ..................................................................................................................................................4 Overview of the Program..............................................................................................................................6 Replacing Lost Public Sector Revenue ..........................................................................................................9 Responding to Public Health and Economic Impacts of COVID-19.............................................................12 Responding to the Public Health Emergency..........................................................................................14 Responding to Negative Economic Impacts............................................................................................16 Assistance to Households ...................................................................................................................17 Assistance to Small Businesses...........................................................................................................21 Assistance to Nonprofits.....................................................................................................................23 Aid to Impacted Industries..................................................................................................................24 Public Sector Capacity.............................................................................................................................26 Public Safety, Public Health, and Human Services Staff .....................................................................26 Government Employment and Rehiring Public Sector Staff...............................................................27 Effective Service Delivery....................................................................................................................28 Capital Expenditures...............................................................................................................................30 Framework for Eligible Uses Beyond those Enumerated .......................................................................32 Premium Pay ...............................................................................................................................................35 Water & Sewer Infrastructure ....................................................................................................................37 Broadband Infrastructure ...........................................................................................................................39 Restrictions on Use .....................................................................................................................................41 Program Administration .............................................................................................................................43 Jan 18, 2022 Pg. 16
4 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Introduction
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The program ensures that governments have the resources needed to:
• Fight the pandemic and support families and businesses struggling with its public health and economic impacts,
• Maintain vital public services, even amid declines in revenue, and • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.

EARLY PROGRAM IMPLEMENTATION
In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of funds (as well as other program provisions), sought feedback from the public on these program rules, and began to distribute funds. The IFR went immediately into effect in May, and since then, governments have used SLFRF funds to meet their immediate pandemic response needs and begin building a strong and equitable recovery, such as through providing vaccine incentives, development of affordable housing, and construction of infrastructure to deliver safe and reliable water.

As governments began to deploy this funding in their communities, Treasury carefully considered the feedback provided through its public comment process and other forums. Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders.

KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. Among other clarifications and changes, the final rule provides the features below.

Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of up to $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation.

Recipients that select the standard allowance may use that amount – in many cases their full award – for government services, with streamlined reporting requirements.

Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements.

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5 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
In addition, the final rule provides an expanded set of households and communities that are presumed to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis.

Further, the final rule provides a broader set of uses available for these communities as part of COVID19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities.

Further, the final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.

Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work.

Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects.

FINAL RULE EFFECTIVE DATE
The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program.

However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now, even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s website, for more information on compliance with the interim final rule and the final rule.

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6 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Overview of the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible to the most specific.

Recipients may use SLFRF funds to:
• Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss due to the pandemic.
• Recipients may determine their revenue loss by choosing between two options:
• A standard allowance of up to $10 million in aggregate, not to exceed their award amount, during the program;
• Calculating their jurisdiction’s specific revenue loss each year using Treasury’s formula, which compares actual revenue to a counterfactual trend. • Recipients may use funds up to the amount of revenue loss for government services; generally, services traditionally provided by recipient governments are government services, unless Treasury has stated otherwise.
• Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. • Recipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic. • To provide simple and clear eligible uses of funds, Treasury provides a list of enumerated uses that recipients can provide to households, populations, or classes (i.e., groups) that experienced pandemic impacts.
• Public health eligible uses include COVID-19 mitigation and prevention, medical expenses, behavioral healthcare, and preventing and responding to violence. • Eligible uses to respond to negative economic impacts are organized by the type of beneficiary: assistance to households, small businesses, and nonprofits. • Each category includes assistance for “impacted” and “disproportionately impacted” classes: impacted classes experienced the general, broad-based impacts of the pandemic, while disproportionately impacted classes faced meaningfully more severe impacts, often due to preexisting disparities. • To simplify administration, the final rule presumes that some populations and groups were impacted or disproportionately impacted and are eligible for responsive services.

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7 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• Eligible uses for assistance to impacted households include aid for reemployment, job training, food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss, and many more uses.
• Eligible uses for assistance to impacted small businesses or nonprofits include loans or grants to mitigate financial hardship, technical assistance for small businesses, and many more uses.
• Recipients can also provide assistance to impacted industries like travel, tourism, and hospitality that faced substantial pandemic impacts, or address impacts to the public sector, for example by re-hiring public sector workers cut during the crisis. • Recipients providing funds for enumerated uses to populations and groups that Treasury has presumed eligible are clearly operating consistently with the final rule.

Recipients can also identify (1) other populations or groups, beyond those presumed eligible, that experienced pandemic impacts or disproportionate impacts and (2) other programs, services, or capital expenditures, beyond those enumerated, to respond to those impacts.
• Provide premium pay for eligible workers performing essential work, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors.
• Recipients may provide premium pay to eligible workers – generally those working inperson in key economic sectors – who are below a wage threshold or non-exempt from the Fair Labor Standards Act overtime provisions, or if the recipient submits justification that the premium pay is responsive to workers performing essential work. • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet. • Recipients may fund a broad range of water and sewer projects, including those eligible under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State Revolving Fund, and certain additional projects, including a wide set of lead remediation, stormwater infrastructure, and aid for private wells and septic units. • Recipients may fund high-speed broadband infrastructure in areas of need that the recipient identifies, such as areas without access to adequate speeds, affordable options, or where connections are inconsistent or unreliable; completed projects must participate in a low-income subsidy program.

While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on use apply across all eligible use categories. These include:
• For states and territories: No offsets of a reduction in net tax revenue resulting from a change in state or territory law.

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8 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• For all recipients except for Tribal governments: No extraordinary contributions to a pension fund for the purpose of reducing an accrued, unfunded liability. • For all recipients: No payments for debt service and replenishments of rainy day funds; no satisfaction of settlements and judgments; no uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state, and local laws and regulations.

Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the “period of performance.” In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local governments, including the Coronavirus Capital Projects Fund to fund critical capital investments including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more information.

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9 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically, SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss experienced by the recipient due to the COVID-19 public health emergency.

Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services, and health and educational services. Funds spent under government services are subject to streamlined reporting and compliance requirements.

In order to use funds under government services, recipients should first determine revenue loss. They may, then, spend up to that amount on general government services.

DETERMINING REVENUE LOSS
Recipients have two options for how to determine their amount of revenue loss. Recipients must choose one of the two options and cannot switch between these approaches after an election is made.

1. Recipients may elect a “standard allowance” of $10 million to spend on government services through the period of performance.

Under this option, which is newly offered in the final rule Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.” The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss, particularly for SLFRF’s smallest recipients.

All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of $10 million or less. Electing the standard allowance does not increase or decrease a recipient’s total allocation.

2. Recipients may calculate their actual revenue loss according to the formula articulated in the final rule.

Under this option, recipients calculate revenue loss at four distinct points in time, either at the end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can choose whether to use calendar or fiscal year dates but must be consistent throughout the period of performance. Treasury has also provided several adjustments to the definition of general revenue in the final rule.

To calculate revenue loss at each of these dates, recipients must follow a four-step process:

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10 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
a. Calculate revenues collected in the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2020), called the base year revenue.
b. Estimate counterfactual revenue, which is equal to the following formula, where n is the number of months elapsed since the end of the base year to the calculation date:
𝑏𝑎𝑠𝑒 𝑦𝑒𝑎𝑟 𝑟𝑒𝑣𝑒𝑛𝑢𝑒 × (1 + 𝑔𝑟𝑜𝑤𝑡ℎ 𝑎𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡)
𝑛
12 The growth adjustment is the greater of either a standard growth rate—5.2 percent—or the recipient’s average annual revenue growth in the last full three fiscal years prior to the COVID-19 public health emergency.
c. Identify actual revenue, which equals revenues collected over the twelve months immediately preceding the calculation date.

Under the final rule, recipients must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after the date of adoption of the final rule (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases adopted after January 6, 2022, must be added or subtracted to the calculation of actual revenue for purposes of calculation dates that occur on or after April 1, 2022.

Recipients may subtract from their calculation of actual revenue the effect of tax increases enacted prior to the adoption of the final rule. Note that recipients that elect to remove the effect of tax increases enacted before the adoption of the final rule must also remove the effect of tax decreases enacted before the adoption of the final rule, such that they are accurately removing the effect of tax policy changes on revenue. d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual revenue (adjusted for tax changes) for the twelve-month period. If actual revenue exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.

Revenue loss for the period of performance is the sum of the revenue loss on for each calculation date.

The supplementary information in the final rule provides an example of this calculation, which recipients may find helpful, in the Revenue Loss section.

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11 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

SPENDING ON GOVERNMENT SERVICES
Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be the standard allowance amount or the amount calculated using the above approach. Government services generally include any service traditionally provided by a government, unless Treasury has stated otherwise. Here are some common examples, although this list is not exhaustive:
✓ Construction of schools and hospitals
✓ Road building and maintenance, and
other infrastructure
✓ Health services
✓ General government administration,
staff, and administrative facilities
✓ Environmental remediation
✓ Provision of police, fire, and other public
safety services (including purchase of
fire trucks and police vehicles)
Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well.

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12 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Responding to Public Health and Economic Impacts of COVID-19 The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the public health and economic needs of those impacted by the pandemic in their communities, as well as address longstanding health and economic disparities, which amplified the impact of the pandemic in disproportionately impacted communities, resulting in more severe pandemic impacts.

The eligible use category to respond to public health and negative economic impacts is organized around the types of assistance a recipient may provide and includes several sub-categories:
• public health,
• assistance to households,
• assistance to small businesses,
• assistance to nonprofits,
• aid to impacted industries, and
• public sector capacity.

In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted.

To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a nonexhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that some populations experienced pandemic impacts and are eligible for responsive services. In other words, recipients providing enumerated uses of funds to populations presumed eligible are clearly operating consistently with the final rule.1
Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2) serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that experienced pandemic impacts and provide services to those classes. 1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further, recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm except as provided in the Capital Expenditures section.

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13 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Step 1. Identify COVID-19 public health or
economic impact

2. Design a response that addresses or
responds to the impact
Analysis
• Can identify impact to a specific
household, business or nonprofit or
to a class of households, businesses,
or nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to
a specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
Simplifying
Presumptions
• Final Rule presumes certain
populations and classes are impacted
and disproportionately impacted
• Final Rule provides non-exhaustive
list of enumerated eligible uses that
respond to pandemic impacts and
disproportionate impacts
To assess eligibility of uses of funds, recipients should first determine the sub-category where their use of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on the entity that experienced the health or economic impact. 2 Then, recipients should refer to the relevant
section for more details on each sub-category.

While the same overall eligibility standard applies to all uses of funds to respond to the public health and negative economic impacts of the pandemic, each sub-category has specific nuances on its application. In addition:
• Recipients interested in using funds for capital expenditures (i.e., investments in property, facilities, or equipment) should review the Capital Expenditures section in addition to the eligible use sub-category.
• Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the section on “Framework for Eligible Uses Beyond Those Enumerated.” 2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub-recipients are organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that experienced an impact.

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14 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

RESPONDING TO THE PUBLIC HEALTH EMERGENCY
While the country has made tremendous progress in the fight against COVID-19, including a historic vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy.

Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways that the pandemic has impacted public health. Treasury has identified several public health impacts of the pandemic and enumerated uses of funds to respond to impacted populations. • COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients can provide services to prevent and mitigate COVID-19 to the general public or to small businesses, nonprofits, and impacted industries in general. Enumerated eligible uses include:
✓ Vaccination programs, including vaccine
incentives and vaccine sites
✓ Testing programs, equipment and sites
✓ Monitoring, contact tracing & public
health surveillance (e.g., monitoring for
variants)
✓ Public communication efforts
✓ Public health data systems
✓ COVID-19 prevention and treatment
equipment, such as ventilators and
ambulances
✓ Medical and PPE/protective supplies
✓ Support for isolation or quarantine
✓ Ventilation system installation and
improvement
✓ Technical assistance on mitigation of
COVID-19 threats to public health and
safety
✓ Transportation to reach vaccination or
testing sites, or other prevention and
mitigation services for vulnerable
populations
✓ Support for prevention, mitigation, or
other services in congregate living
facilities, public facilities, and schools
✓ Support for prevention and mitigation
strategies in small businesses, nonprofits,
and impacted industries
✓ Medical facilities generally dedicated to
COVID-19 treatment and mitigation (e.g.,
ICUs, emergency rooms)
✓ Temporary medical facilities and other
measures to increase COVID-19 treatment
capacity
✓ Emergency operations centers &
emergency response equipment (e.g.,
emergency response radio systems)
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15 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• Medical expenses. Funds may be used for expenses to households, medical providers, or others that incurred medical costs due to the pandemic, including:
✓ Unreimbursed expenses for medical care
for COVID-19 testing or treatment, such
as uncompensated care costs for
medical providers or out-of-pocket costs
for individuals
✓ Paid family and medical leave for public
employees to enable compliance with
COVID-19 public health precautions
✓ Emergency medical response expenses
✓ Treatment of long-term symptoms or effects
of COVID-19
• Behavioral health care, such as mental health treatment, substance use treatment, and other behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’ behavioral health and recipients can provide these services to the general public to respond.

Enumerated eligible uses include:
✓ Prevention, outpatient treatment,
inpatient treatment, crisis care,
diversion programs, outreach to
individuals not yet engaged in
treatment, harm reduction & long-term
recovery support
✓ Enhanced behavioral health services in
schools
✓ Services for pregnant women or infants
born with neonatal abstinence
syndrome
✓ Support for equitable access to reduce
disparities in access to high-quality
treatment
✓ Peer support groups, costs for residence in
supportive housing or recovery housing, and
the 988 National Suicide Prevention Lifeline
or other hotline services
✓ Expansion of access to evidence-based
services for opioid use disorder prevention,
treatment, harm reduction, and recovery
✓ Behavioral health facilities & equipment
• Preventing and responding to violence. Recognizing that violence – and especially gun violence – has increased in some communities due to the pandemic, recipients may use funds to respond in these communities through:
✓ Referrals to trauma recovery services for
victims of crime
✓ Community violence intervention
programs, including:
• Evidence-based practices like
focused deterrence, with
wraparound services such as
behavioral therapy, trauma
recovery, job training, education,
housing and relocation services, and
financial assistance
✓ In communities experiencing increased
gun violence due to the pandemic:
• Law enforcement officers focused
on advancing community policing
• Enforcement efforts to reduce gun
violence, including prosecution
• Technology & equipment to support
law enforcement response
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

RESPONDING TO NEGATIVE ECONOMIC IMPACTS
The pandemic caused severe economic damage and, while the economy is on track to a strong recovery, much work remains to continue building a robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted millions of American households and businesses, some of its most severe impacts fell on low-income and underserved communities, where pre-existing disparities amplified the impact of the pandemic and where the most work remains to reach a full recovery.

The final rule recognizes that the pandemic caused broad-based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as “impacted" households, communities, small businesses, and nonprofits.

At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because preexisting disparities exacerbated the impact of the pandemic. The final rule describes these as “disproportionately impacted” households, communities, small businesses, and nonprofits.

To simplify administration of the program, the final rule presumes that certain populations were “impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be eligible for services that respond to the impact they experienced. The final rule also enumerates a nonexhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly operating consistently with the final rule.

As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients can also identify other pandemic impacts, impacted or disproportionately impacted populations or classes, and responses.

However, note that the final rule maintains that general infrastructure projects, including roads, streets, and surface transportation infrastructure, would generally not be eligible under this eligible use category, unless the project responded to a specific pandemic public health need or a specific negative economic impact. Similarly, general economic development or workforce development – activities that do not respond to negative economic impacts of the pandemic but rather seek to more generally enhance the jurisdiction’s business climate – would generally not be eligible under this eligible use category.

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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Households
Impacted Households and Communities
Treasury presumes the following households and communities are impacted by the pandemic:
✓ Low- or-moderate income households or
communities
✓ Households that experienced
unemployment
✓ Households that experienced increased
food or housing insecurity
✓ Households that qualify for the Children’s
Health Insurance Program, Childcare
Subsidies through the Child Care
Development Fund (CCDF) Program, or
Medicaid
✓ When providing affordable housing programs:
households that qualify for the National Housing
Trust Fund and Home Investment Partnerships
Program
✓ When providing services to address lost
instructional time in K-12 schools: any student
that lost access to in-person instruction for a
significant period of time
Low- or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines or (ii) income at or below 65 percent of the area median income for the county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines are higher than the area’s median income and using the Federal Poverty Guidelines would result in more households and communities being presumed eligible.

Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.

Recipients can measure income for a specific household or the median income for the community, depending on whether the response they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.

The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880 per year.3In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is impacted by the pandemic and eligible for services to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses Beyond Those Enumerated, recipients may designate additional households as impacted or disproportionately impacted beyond these presumptions, and may also pursue projects not listed below in response to these impacts consistent with Treasury’s standards. 3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350 per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $75,780 per year.

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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to impacts of the pandemic on households and communities:
✓ Food assistance & food banks
✓ Emergency housing assistance: rental
assistance, mortgage assistance, utility
assistance, assistance paying delinquent
property taxes, counseling and legal aid to
prevent eviction and homelessness &
emergency programs or services for homeless
individuals, including temporary residences
for people experiencing homelessness
✓ Health insurance coverage expansion
✓ Benefits for surviving family members of
individuals who have died from COVID-19
✓ Assistance to individuals who want and are
available for work, including job training,
public jobs programs and fairs, support for
childcare and transportation to and from a
jobsite or interview, incentives for newlyemployed workers, subsidized employment, grants to hire underserved workers,
assistance to unemployed individuals to start
small businesses & development of job and
workforce training centers
✓ Financial services for the unbanked and
underbanked
✓ Burials, home repair & home weatherization
✓ Programs, devices & equipment for internet
access and digital literacy, including subsidies
for costs of access
✓ Cash assistance
✓ Paid sick, medical, and family leave programs
✓ Assistance in accessing and applying for
public benefits or services
✓ Childcare and early learning services, home
visiting programs, services for child welfareinvolved families and foster youth & childcare facilities
✓ Assistance to address the impact of learning
loss for K-12 students (e.g., high-quality
tutoring, differentiated instruction)
✓ Programs or services to support long-term
housing security: including development of
affordable housing and permanent
supportive housing
✓ Certain contributions to an Unemployment
Insurance Trust Fund4
4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement).

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19 U.S. DEPARTMENT OF THE TREASURY
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Disproportionately Impacted Households and Communities
Treasury presumes the following households and communities are disproportionately impacted by the pandemic:
✓ Low -income households and communities
✓ Households residing in Qualified Census
Tracts
✓ Households that qualify for certain federal
5 benefits
✓ Households receiving services provided by
Tribal governments
✓ Households residing in the U.S. territories or
receiving services from these governments
Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the most recently published poverty guidelines or (ii) income at or below 40 percent of area median income for its county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines level is higher than the area median income level and using this level would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.

Recipients can measure income for a specific household or the median income for the community, depending on whether the service they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.

The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626 per year.6In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is disproportionately impacted by the pandemic and eligible for services to respond.
5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school as eligible. 6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783 per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $46,731 per year
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to disproportionate impacts of the pandemic on households and communities:
✓ Pay for community health workers to help
households access health & social services
✓ Remediation of lead paint or other lead
hazards
✓ Primary care clinics, hospitals, integration of
health services into other settings, and other
investments in medical equipment & facilities
designed to address health disparities
✓ Housing vouchers & assistance relocating to
neighborhoods with higher economic
opportunity
✓ Investments in neighborhoods to promote
improved health outcomes
✓ Improvements to vacant and abandoned
properties, including rehabilitation or
maintenance, renovation, removal and
remediation of environmental contaminants,
demolition or deconstruction, greening/vacant lot
cleanup & conversion to affordable housing7
✓ Services to address educational disparities,
including assistance to high-poverty school
districts & educational and evidence-based
services to address student academic, social,
emotional, and mental health needs
✓ Schools and other educational equipment &
facilities
7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing is ineligible for support with SLFRF funds.

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21 U.S. DEPARTMENT OF THE TREASURY
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Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.

Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:

1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and

2. Are a small business concern as defined in section 3 of the Small Business Act8(which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).

Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the pandemic:
8 15 U.S.C. 632.

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✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
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23 U.S. DEPARTMENT OF THE TREASURY
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Assistance to Nonprofits
Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and changing operational needs, as well as declines in revenue sources such as donations and fees.

Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations.

Impacted Nonprofits
Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue (e.g., from donations
and fees)
✓ Financial insecurity
✓ Increased costs (e.g., uncompensated
increases in service need)
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship
✓ Technical or in-kind assistance or other
services that mitigate negative economic
impacts of the pandemic
Disproportionately Impacted Nonprofits
Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:
✓ Nonprofits operating in Qualified Census
Tracts
✓ Nonprofits operated by Tribal
governments or on Tribal lands
✓ Nonprofits operating in the U.S. territories
Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts.

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Aid to Impacted Industries
Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.

Recipients should first designate an impacted industry and then provide aid to address the impacted industry’s negative economic impact.

This sub-category of eligible uses does not separately identify disproportionate impacts and corresponding responsive services.

1. Designating an impacted industry. There are two main ways an industry can be designated as “impacted.”

1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development districts), the industry is impacted.

2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted if:
a. The industry experienced at least 8 percent employment loss from pre-pandemic levels,9 or
b. The industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the final rule, based on the totality of economic indicators or qualitative data (if quantitative data is unavailable), and if the impacts were generally due to the COVID-19 public health emergency.

Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages recipients to define narrow and discrete industries eligible for aid. State and territory recipients also have flexibility to define the industries with greater geographic precision; for example, a state may identify a particular industry in a certain region of a state as impacted.

2. Providing eligible aid to the impacted industry. Aid may only be provided to support businesses, attractions, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Further, aid should be generally broadly available to all businesses within the impacted industry to avoid potential conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such as payroll, before being used on other types of costs.
9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September 2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is located) solely for purposes of determining whether a particular industry is an impacted industry.

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25 U.S. DEPARTMENT OF THE TREASURY
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Treasury recognizes the enumerated projects below as eligible responses to impacted industries.
✓ Aid to mitigate financial hardship, such
as supporting payroll costs, lost pay and
benefits for returning employees,
support of operations and maintenance
of existing equipment and facilities
✓ Technical assistance, counseling, or
other services to support business
planning
✓ COVID-19 mitigation and infection
prevention measures (see section Public
Health)
As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps outlined in the section Framework for Eligible Uses Beyond Those Enumerated.

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26 U.S. DEPARTMENT OF THE TREASURY
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PUBLIC SECTOR CAPACITY
Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports government’s ability to deliver critical COVID-19 services. There are three main categories of eligible uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.

Public Safety, Public Health, and Human Services Staff
SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care, human services and similar employees of a recipient government, for the portion of the employee’s time spent responding to COVID-19. Recipients should follow the steps below.

1. Identify eligible public safety, public health, and human services staff. Public safety staff include:
✓ Police officers (including state police
officers)
✓ Sheriffs and deputy sheriffs
✓ Firefighters
✓ Emergency medical responders
✓ Correctional and detention officers
✓ Dispatchers and supervisor personnel
that directly support public safety staff
Public health staff include:
✓ Employees involved in providing medical
and other physical or mental health
services to patients and supervisory
personnel, including medical staff
assigned to schools, prisons, and other
such institutions
✓ Laboratory technicians, medical
examiners, morgue staff, and other
support services essential for patient
care
✓ Employees of public health
departments directly engaged in
public health matters and related
supervisory personnel
Human services staff include:
✓ Employees providing or administering
social services and public benefits
✓ Child welfare services employees
✓ Child, elder, or family care employees

2. Assess portion of time spent on COVID-19 response for eligible staff.

Recipients can use a variety of methods to assess the share of an employees’ time spent responding to COVID-19, including using reasonable estimates—such as estimating the share of time based on discussions with staff and applying that share to all employees in that position.

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employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID19. Primarily dedicated means that more than half of the employee, unit, or division’s time is dedicated to responding to COVID-19.

Recipients must periodically reassess their determination and maintain records to support their assessment, although recipients do not need to track staff hours.

3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of the employees’ time spent on COVID-19 response, as calculated above, through the period of performance.

Government Employment and Rehiring Public Sector Staff
Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring, support, and retention. • Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic employment, depending on the recipient’s needs.
• If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients may use SLFRF funds to hire employees for the same positions that existed on January 27, 2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF funds to cover payroll and covered benefits for such positions through the period of performance.
• If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. Specifically, recipients should undergo the following steps:
a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all budgeted positions, filled and unfilled. This is called the pre-pandemic baseline. b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted prepandemic baseline. c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning of the period of performance for SLFRF funds. Recipients may, but are not required to, exclude the number of FTEs dedicated to responding to the COVID-19 public health emergency. This is called the actual number of FTEs. d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not have to hire for the same roles that existed pre-pandemic.

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Recipients may use SLFRF funds to cover payroll and covered benefits through the period of performance; these employees must have begun their employment on or after March 3, 2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level (i.e., the actual number of FTEs).
• Supporting and retaining public sector workers. Recipients can also use funds in other ways that support the public sector workforce.10 These include:
o Providing additional funding for employees who experienced pay reductions or were furloughed since the onset of the pandemic, up to the difference in the employee’s pay, taking into account unemployment benefits received.
o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used to maintain current compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary.
o Providing worker retention incentives, including reasonable increases in compensation to persuade employees to remain with the employer as compared to other employment options. Retention incentives must be entirely additive to an employee’s regular compensation, narrowly tailored to need, and should not exceed incentives traditionally offered by the recipient or compensation that alternative employers may offer to compete for the employees. Treasury presumes that retention incentives that are less than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as other requirements are met. • Covering administrative costs associated with administering the hiring, support, and retention programs above.

Effective Service Delivery
SLFRF funding may be used to improve the efficacy of public health and economic programs through tools like program evaluation, data, and outreach, as well as to address administrative needs caused or exacerbated by the pandemic. Eligible uses include:
• Supporting program evaluation, data, and outreach through:
10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for details on these uses.

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✓ Program evaluation and evidence
resources
✓ Data analysis resources to gather,
assess, share, and use data
✓ Technology infrastructure to improve
access to and the user experience of
government IT systems, as well as
technology improvements to increase
public access and delivery of
government programs and services
✓ Community outreach and engagement
activities
✓ Capacity building resources to support
using data and evidence, including
hiring staff, consultants, or technical
assistance support
• Addressing administrative needs, including:
✓ Administrative costs for programs
responding to the public health
emergency and its economic impacts,
including non-SLFRF and non-federally
funded programs
✓ Address administrative needs caused
or exacerbated by the pandemic,
including addressing backlogs caused
by shutdowns, increased repair or
maintenance needs, and technology
infrastructure to adapt government
operations to the pandemic (e.g.,
video-conferencing software, data and
case management systems)
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CAPITAL EXPENDITURES
As described above, the final rule clarifies that recipients may use funds for programs, services, and capital expenditures that respond to the public health and negative economic impacts of the pandemic.

Any use of funds in this category for a capital expenditure must comply with the capital expenditure requirements, in addition to other standards for uses of funds.

Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the pandemic’s public health and economic impacts; specifically, they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class.

For ease of administration, the final rule identifies enumerated types of capital expenditures that Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable subcategory of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no preapproval is required for capital expenditures.

To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients (with the exception of Tribal governments) must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. For large-scale capital expenditures, which have high costs and may require an extended length of time to complete, as well as most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit their written justification as part of regular reporting. Specifically:

If a project has
total capital
expenditures
of
and the use is enumerated by Treasury
as eligible, then
and the use is beyond those
enumerated by Treasury as eligible,
then
Less than $1
million
No Written Justification required No Written Justification required Greater than or
equal to $1
million, but
less than $10
million
Written Justification required but
recipients are not required to submit as
part of regular reporting to Treasury Written Justification required and recipients must submit as part of regular
reporting to Treasury
$10 million or
more
Written Justification required and
recipients must submit as part of regular
reporting to Treasury
A Written Justification includes:
• Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected.

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• Explanation of why a capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate. • Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre-development costs) against at least two alternative capital expenditures.

Where relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets.

Treasury presumes that the following capital projects are generally ineligible:
 Construction of new correctional
facilities as a response to an increase in
rate of crime
 Construction of new congregate
facilities to decrease spread of COVID-19
in the facility
 Construction of convention centers,
stadiums, or other large capital projects
intended for general economic
development or to aid impacted
industries
In undertaking capital expenditures, Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.

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FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED
As described above, recipients have broad flexibility to identify and respond to other pandemic impacts and serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients should undergo the following steps to decide whether their project is eligible:

Step 1. Identify COVID-19 public health or
economic impact

2. Design a response that addresses or
responds to the impact
Analysis
• Can identify impact to a specific
household, business or nonprofit or to
a class of households, businesses or
nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to a
specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class

1. Identify a COVID-19 public health or negative economic impact on an individual or a class.

Recipients should identify an individual or class that is “impacted” or “disproportionately impacted” by the COVID-19 public health emergency or its negative economic impacts as well as the specific impact itself.
• “Impacted” entities are those impacted by the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID19 public health emergency. For example, an individual who lost their job or a small business that saw lower revenue during a period of closure would both have experienced impacts of the pandemic.
• “Disproportionately impacted” entities are those that experienced disproportionate public health or economic outcomes from the pandemic; Treasury recognizes that preexisting disparities, in many cases, amplified the impacts of the pandemic, causing more severe impacts in underserved communities. For example, a household living in a neighborhood with limited access to medical care and healthy foods may have faced health disparities before the pandemic, like a higher rate of chronic health conditions, that contributed to more severe health outcomes during the COVID-19 pandemic.

The recipient may choose to identify these impacts at either the individual level or at a class level. If the recipient is identifying impacts at the individual level, they should retain documentation supporting the impact the individual experienced (e.g., documentation of lost revenues from a small business). Such documentation can be streamlined in many cases (e.g., self-attestation that a household requires food assistance).

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first identify the class and the impact that it faced. Then, recipients only need to document that the individuals served fall within that class; recipients do not need to document a specific impact to each individual served. For example, a recipient could identify that restaurants in the downtown area faced substantial declines in revenue due to decreased foot traffic from workers; the recipient could develop a program to respond to the impact on that class and only needs to document that the businesses being served are restaurants in the downtown area.

Recipients should keep the following considerations in mind when designating a class:
• There should be a relationship between the definition of the class and the proposed response. Larger and less-specific classes are less likely to have experienced similar harms, which may make it more difficult to design a response that appropriately responds to those harms.
• Classes may be determined on a population basis or on a geographic basis, and the response should be appropriately matched. For example, a response might be designed to provide childcare to single parents, regardless of which neighborhood they live in, or a response might provide a park to improve the health of a disproportionately impacted neighborhood.
• Recipients may designate classes that experienced disproportionate impact, by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public. To determine these disproportionate impacts, recipients:
o May designate classes based on academic research or government research publications (such as the citations provided in the supplementary information in the final rule), through analysis of their own data, or through analysis of other existing data sources.
o May also consider qualitative research and sources to augment their analysis, or when quantitative data is not readily available. Such sources might include resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments. o Should consider the quality of the research, data, and applicability of analysis to their determination in all cases.
• Some of the enumerated uses may also be appropriate responses to the impacts experienced by other classes of beneficiaries. It is permissible for recipients to provide these services to other classes, so long as the recipient determines that the response is also appropriate for those groups.
• Recipients may designate a class based on income level, including at levels higher than the final rule definition of "low- and moderate-income." For example, a recipient may identify that households in their community with incomes above the final rule threshold for low-income nevertheless experienced disproportionate impacts from the pandemic and provide responsive services.

2. Design a response that addresses or responds to the impact. Programs, services, and other interventions must be reasonably designed to benefit the individual or class that experienced Jan 18, 2022 Pg. 46
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the impact. They must also be related and reasonably proportional to the extent and type of impact experienced. For example, uses that bear no relation or are grossly disproportionate to the type or extent of the impact would not be eligible. “Reasonably proportional” refers to the scale of the response compared to the scale of the harm, as well as the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide a very small amount of aid to a group that experienced severe harm and a much larger amount to a group that experienced relatively little harm. Recipients should consider relevant factors about the harm identified and the response to evaluate whether the response is reasonably proportional. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.

For disproportionately impacted communities, recipients may design interventions that address broader pre-existing disparities that contributed to more severe health and economic outcomes during the pandemic, such as disproportionate gaps in access to health care or pre-existing disparities in educational outcomes that have been exacerbated by the pandemic.

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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Premium Pay
The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible workers performing essential work during the pandemic. Premium pay may be awarded to eligible workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e., compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any single worker during the program.

Recipients should undergo the following steps to provide premium pay to eligible workers.

1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity of operations of essential critical infrastructure sectors.” These sectors and occupations are eligible:
✓ Health care
✓ Emergency response
✓ Sanitation, disinfection & cleaning
✓ Maintenance
✓ Grocery stores, restaurants, food
production, and food delivery
✓ Pharmacy
✓ Biomedical research
✓ Behavioral health
✓ Medical testing and diagnostics
✓ Home and community-based health care
or assistance with activities of daily living
✓ Family or child care
✓ Social services
✓ Public health
✓ Mortuary
✓ Critical clinical research, development,
and testing necessary for COVID-19
response
✓ State, local, or Tribal government
workforce
✓ Workers providing vital services to
Tribes
✓ Educational, school nutrition, and other
work required to operate a school
facility
✓ Laundry
✓ Elections
✓ Solid waste or hazardous materials
management, response, and cleanup
✓ Work requiring physical interaction with
patients
✓ Dental care
✓ Transportation and warehousing
✓ Hotel and commercial lodging facilities
that are used for COVID-19 mitigation
and containment
Beyond this list, the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as critical so long as doing so is necessary to protecting the health and wellbeing of the residents of such jurisdictions.

2. Verify that the eligible worker performs “essential work,” meaning work that:
• Is not performed while teleworking from a residence; and • Involves either:
a. regular, in-person interactions with patients, the public, or coworkers of the individual that is performing the work; or
b. regular physical handling of items that were handled by, or are to be handled by, patients, the public, or coworkers of the individual that is performing the work.

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3. Confirm that the premium pay “responds to” workers performing essential work during the COVID-19 public health emergency. Under the final rule, which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways:
• Eligible worker receiving premium pay is earning (with the premium included) at or below 150 percent of their residing state or county’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics, whichever is higher, on an annual basis; or
• Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or
• If a worker does not meet either of the above requirements, the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency. This may include a description of the essential worker’s duties, health, or financial risks faced due to COVID-19, and why the recipient determined that the premium pay was responsive. Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nurses and hospital staff.

Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may not be paid to volunteers.

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37 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change.

Recipients may undertake the eligible projects below:

PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF) Eligible projects under the CWSRF, and the final rule, include:
✓ Construction of publicly owned
treatment works
✓ Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
✓ Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
✓ Management and treatment of
stormwater or subsurface drainage
water
✓ Water conservation, efficiency, or
reuse measures
✓ Development and implementation of a
conservation and management plan
under the CWA
✓ Watershed projects meeting the
criteria set forth in the CWA
✓ Energy consumption reduction for
publicly owned treatment works
✓ Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
✓ Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.

PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF) Eligible drinking water projects under the DWSRF, and the final rule, include:
✓ Facilities to improve drinking water
quality
✓ Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
✓ New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
✓ Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
✓ Storage of drinking water, such as to
prevent contaminants or equalize
water demands
✓ Purchase of water systems and
interconnection of systems
✓ New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities.

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ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be “necessary” according to the definition provided in the final rule and outlined below. ✓ Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
✓ Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
✓ Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
✓ Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
A “necessary” investment in infrastructure must be:
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need, whether due to population growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life.

Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess costeffectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.

Jan 18, 2022 Pg. 51
39 U.S. DEPARTMENT OF THE TREASURY
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Broadband Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic participation during the public health emergency. The final rule broadens the set of eligible broadband infrastructure investments that recipients may undertake.

Recipients may pursue investments in broadband infrastructure meeting technical standards detailed below, as well as an expanded set of cybersecurity investments.

BROADBAND INFRASTRUCTURE INVESTMENTS
Recipients should adhere to the following requirements when designing a broadband infrastructure project:

1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that are designed to serve locations without access to reliable wireline 100/20 Mbps broadband service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload speed through a wireline connection), but are broadly able to invest in projects designed to provide service to locations with an identified need for additional broadband investment.

Recipients have broad flexibility to define need in their community. Examples of need could include:
✓ Lack of access to a reliable high-speed
broadband connection
✓ Lack of affordable broadband
✓ Lack of reliable service
If recipients are considering deploying broadband to locations where there are existing and enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps, recipients must ensure that SLFRF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or state funding commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams.

2. Design project to meet high-speed technical standards. Recipients are required to design projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical 100 Mbps download and upload speeds.

Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever feasible and to focus on projects that will achieve last-mile connections. Further, Treasury encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and co-operatives.

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3. Require enrollment in a low-income subsidy program. Recipients must require the service provider for a broadband project that provides service to households to either:
✓ Participate in the FCC’s Affordable
Connectivity Program (ACP)
✓ Provide access to a broad-based
affordability program to low-income
consumers that provides benefits
commensurate to ACP
Treasury encourages broadband services to also include at least one low-cost option offered without data usage caps at speeds sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients are also encouraged to consult with the community on affordability needs.

CYBERSECURITY INVESTMENTS
SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure, regardless of their speed delivery standards. This includes modernization of hardware and software.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.

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Restrictions on Use
While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to address the diverse needs of their communities, some restrictions on use of funds apply.

OFFSET A REDUCTION IN NET TAX REVENUE
• States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation beginning on March 3, 2021, through the last day of the fiscal year in which the funds provided have been spent. If a state or territory cuts taxes during this period, it must demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be repaid to the Treasury.

DEPOSITS INTO PENSION FUNDS
• No recipients except Tribal governments may use this funding to make a deposit to a pension fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions connected to an eligible use of funds (e.g., for public health and safety staff). Examples of extraordinary payments include ones that:
 Reduce a liability incurred prior to the
start of the COVID-19 public health
emergency and occur outside the
recipient's regular timing for making the
payment
 Occur at the regular time for pension
contributions but is larger than a regular
payment would have been

ADDITIONAL RESTRICTIONS AND REQUIREMENTS
Additional restrictions and requirements that apply across all eligible use categories include:
• No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used prospectively, recipients may not use SLFRF funds for debt service or replenishing financial reserves (e.g., rainy day funds).
• No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use.

However, if a settlement requires the recipient to provide services or incur other costs that are an eligible use of SLFRF funds, SLFRF may be used for those costs. • Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that Jan 18, 2022 Pg. 54
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undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and may not be used in violation of the Award Terms and Conditions or conflict of interest requirements under the Uniform Guidance. Other applicable laws and regulations, outside of SLFRF program requirements, may also apply (e.g., laws around procurement, contracting, conflicts-of-interest, environmental standards, or civil rights).

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Program Administration
The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative processes and requirements, including on distribution of funds, timeline for use of funds, transfer of funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements, administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for ineligible purposes. This section provides a summary for the most frequently asked questions.

TIMELINE FOR USE OF FUNDS
Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026.

TRANSFERS
Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF funds with other sources of funds. Localities may also transfer their funds to the state through section 603(c)(4), which will decrease the locality’s award and increase the state award amounts.

LOANS
Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although there are special rules about how recipients should track program income depending on the length of the loan. Recipients should consult the final rule if they seek to utilize these provisions.

NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS
Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, note that SLFRF funds may not be used as the nonfederal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.

SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.

ADMINISTRATIVE EXPENSES
SLFRF funds may be used for direct and indirect administrative expenses involved in administering the program. For details on permissible direct and indirect administrative costs, recipients should refer to Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect costs.

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REPORTING, COMPLIANCE & RECOUPMENT
Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes submitting mandatory periodic reports to Treasury.

Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients will be provided with an initial written notice of recoupment with an opportunity to submit a request for reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial notice of recoupment and does not submit a request for reconsideration, the initial notice will be deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction with, or as an alternative to, recoupment.

REVISIONS TO THE OVERVIEW OF THE FINAL RULE:
• January 18, 2022 (p. 4, p. 16): Clarification that the revenue loss standard allowance is “up to” $10 million under the Replacing Lost Public Sector Revenue eligible use category; addition of further information on the eligibility of general infrastructure, general economic development, and worker development projects under the Public Health and Negative Economic Impacts eligible use category.

Jan 18, 2022 Pg. 57
Salaried 19.20 & 20.21

Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Annual Step 5 Annual S-1 $ 4,394.70 $ 4,614.44 $ 4,845.16 $ 5,087.41 $ 5,341.79 $ 52,736.40 $ 64,101.42 $ 25.35 $ 26.62 $ 27.95 $ 29.35 $ 30.82
S-2 $ 4,790.50 $ 5,030.03 $ 5,281.53 $ 5,545.60 $ 5,822.88 $ 57,486.00 $ 69,874.59 $ 27.64 $ 29.02 $ 30.47 $ 31.99 $ 33.59
S-3 $ 5,165.12 $ 5,423.38 $ 5,694.54 $ 5,979.27 $ 6,278.24 $ 61,981.44 $ 75,338.83 $ 29.80 $ 31.29 $ 32.85 $ 34.50 $ 36.22
S-4 $ 5,540.67 $ 5,817.70 $ 6,108.59 $ 6,414.02 $ 6,734.72 $ 66,488.04 $ 80,816.63 $ 31.97 $ 33.56 $ 35.24 $ 37.00 $ 38.85
S-5 $ 5,840.01 $ 6,132.01 $ 6,438.61 $ 6,760.54 $ 7,098.57 $ 70,080.12 $ 85,182.82 $ 33.69 $ 35.38 $ 37.15 $ 39.00 $ 40.95
S-6 $ 6,288.99 $ 6,603.44 $ 6,933.61 $ 7,280.29 $ 7,644.31 $ 75,467.88 $ 91,731.68 $ 36.28 $ 38.10 $ 40.00 $ 42.00 $ 44.10
S-7 $ 6,738.81 $ 7,075.75 $ 7,429.54 $ 7,801.01 $ 8,191.07 $ 80,865.72 $ 98,292.79 $ 38.88 $ 40.82 $ 42.86 $ 45.01 $ 47.26
S-8 $ 7,115.47 $ 7,471.24 $ 7,844.81 $ 8,237.05 $ 8,648.90 Community &
Economic
Development Director $ 85,385.64 $ 103,786.78
$ 41.05 $ 43.10 $ 45.26 $ 47.52 $ 49.90
S-9 $ 7,492.13 $ 7,866.74 $ 8,260.07 $ 8,673.08 $ 9,106.73 $ 89,905.56 $ 109,280.77 $ 43.22 $ 45.39 $ 47.65 $ 50.04 $ 52.54
S-9.5 $ 7,700.87 $ 8,085.91 $ 8,490.21 $ 8,914.72 $ 9,360.46 Assistant Chief $ 92,410.44 $ 112,325.53 $ 44.43 $ 46.65 $ 48.98 $ 51.43 $ 54.00
S-10 $ 7,950.49 $ 8,348.01 $ 8,765.42 $ 9,203.69 $ 9,663.87 PW Director $ 95,405.88 $ 115,966.44 $ 45.87 $ 48.16 $ 50.57 $ 53.10 $ 55.75
City of Avenal
Salary Schedule
Salaried Employees
FY 19/20
Jan 18, 2022 Pg. 58
Classified 19.20 & 20.21 (2)
Range Monthly/Hourly Step 1 Step 1.25 Step 1.5 Step 1.75 Step 2 Step 2.25 Step 2.5 Step 2.75 Step 3 A Temp Rec Asst. $ 2,600.00 $ 2,632.50 $ 2,665.00 $ 2,698.31 $ 2,730.00 $ 2,764.13 $ 2,798.25 $ 2,833.23 $ 2,866.50 $ 15.00 $ 15.19 $ 15.38 $ 15.57 $ 15.75 $ 15.95 $ 16.14 $ 16.35 $ 16.54 B Rec Leader/Landscaper $ 2,730.00 $ 2,764.13 $ 2,798.25 $ 2,833.23 $ 2,866.50 $ 2,902.33 $ 2,938.16 $ 2,974.89 $ 3,009.83 Custodian/A.C. I/Farmer's Mkt Mgr $ 15.75 $ 15.95 $ 16.14 $ 16.35 $ 16.54 $ 16.74 $ 16.95 $ 17.16 $ 17.36 B.5 P.W Entry Level $ 2,798.25 $ 2,833.23 $ 2,868.21 $ 2,904.06 $ 2,938.16 $ 2,974.89 $ 3,011.62 $ 3,049.26 $ 3,085.07 Community Development Assistant $ 16.14 $ 16.35 $ 16.55 $ 16.75 $ 16.95 $ 17.16 $ 17.37 $ 17.59 $ 17.80 C P.W Maint/Sr. Recreation Leader $ 2,868.21 $ 2,904.06 $ 2,939.92 $ 2,976.66 $ 3,011.62 $ 3,049.27 $ 3,086.91 $ 3,125.50 $ 3,162.20 Records Clerk/Cust Svc Rep/Event Coord. $ 16.55 $ 16.75 $ 16.96 $ 17.17 $ 17.37 $ 17.59 $ 17.81 $ 18.03 $ 18.24 C.5 Code Enf/Water Cons. $ 3,024.71 $ 3,062.52 $ 3,100.33 $ 3,139.08 $ 3,175.94 $ 3,215.64 $ 3,255.34 $ 3,296.03 $ 3,334.74 $ 17.45 $ 17.67 $ 17.89 $ 18.11 $ 18.32 $ 18.55 $ 18.78 $ 19.02 $ 19.24 D Mechanic/A.C. II $ 3,239.30 $ 3,279.79 $ 3,320.28 $ 3,361.78 $ 3,401.26 $ 3,443.78 $ 3,486.29 $ 3,529.87 $ 3,571.32 Finance Asst $ 18.69 $ 18.92 $ 19.16 $ 19.39 $ 19.62 $ 19.87 $ 20.11 $ 20.36 $ 20.60 E Office Mgr./Rec. Sup./Admin Asst./City $ 3,376.20 $ 3,418.40 $ 3,460.61 $ 3,503.86 $ 3,545.01 $ 3,589.32 $ 3,633.64 $ 3,679.06 $ 3,722.26 Clerk/Sr. Code Enf/Assoc. Planner $ 19.48 $ 19.72 $ 19.97 $ 20.21 $ 20.45 $ 20.71 $ 20.96 $ 21.23 $ 21.47 F Police Officer Trainee $ 3,640.64 $ 3,686.14 $ 3,731.65 $ 3,778.30 $ 3,822.67 $ 3,870.45 $ 3,918.23 $ 3,967.21 $ 4,013.80 $ 21.00 $ 21.27 $ 21.53 $ 21.80 $ 22.05 $ 22.33 $ 22.61 $ 22.89 $ 23.16 F.5 PW Crew Leader $ 3,806.27 $ 3,853.85 $ 3,901.43 $ 3,950.20 $ 3,996.59 $ 4,046.54 $ 4,096.50 $ 4,147.71 $ 4,196.42 Acting Operators $ 21.96 $ 22.23 $ 22.51 $ 22.79 $ 23.06 $ 23.35 $ 23.63 $ 23.93 $ 24.21 G Utilities Operators $ 4,257.67 $ 4,310.89 $ 4,364.12 $ 4,418.67 $ 4,470.56 $ 4,526.44 $ 4,582.32 $ 4,639.60 $ 4,694.09 Officer I $ 24.56 $ 24.87 $ 25.18 $ 25.49 $ 26.11 $ 26.44 $ 26.77 $ 27.08 H Officer II $ 4,640.17 $ 4,698.18 $ 4,756.18 $ 4,815.63 $ 4,872.18 $ 4,933.08 $ 4,993.99 $ 5,056.41 $ 5,115.79 $ 26.77 $ 27.10 $ 27.44 $ 27.78 $ 28.11 $ 28.46 $ 28.81 $ 29.17 $ 29.51 I Senior Officer $ 4,970.57 $ 5,032.70 $ 5,094.84 $ 5,158.52 $ 5,219.10 $ 5,284.34 $ 5,349.58 $ 5,416.45 $ 5,480.06 $ 28.68 $ 29.03 $ 29.39 $ 29.76 $ 30.11 $ 30.49 $ 30.86 $ 31.25 $ 31.62 J P.W. Supervisor $ 5,138.94 $ 5,203.18 $ 5,267.42 $ 5,333.26 $ 5,395.89 $ 5,463.34 $ 5,530.79 $ 5,599.92 $ 5,669.06 $ 29.65 $ 30.02 $ 30.39 $ 30.77 $ 31.13 $ 31.52 $ 31.91 $ 32.31 $ 32.71 K Utilities Supervisor $ 5,489.48 $ 5,558.10 $ 5,626.71 $ 5,697.05 $ 5,763.95 $ 5,836.00 $ 5,908.05 $ 5,981.90 $ 6,052.15 Police Sergeant $ 31.67 $ 32.07 $ 32.46 $ 32.87 $ 33.25 $ 33.67 $ 34.08 $ 34.51 $ 34.92 FY 19/20
Classified (General) Employees
Jan 18, 2022 Pg. 59
Classified 19.20 & 20.21 (2)
Step 3.25 Step 3.5 Step 3.75 Step 4 Step 4.25 Step 4.5 Step 4.75 Step 5 $ 2,902.33 $ 2,938.16 $ 2,974.89 $ 3,009.83 $ 3,047.45 $ 3,085.07 $ 3,123.63 $ 3,160.32 $ 31,200.00 $ 32,760.00 $ 34,398.00 $ 36,117.90 $ 37,923.80 $ 16.74 $ 16.95 $ 17.16 $ 17.36 $ 17.58 $ 17.80 $ 18.02 $ 18.23 $ 3,047.45 $ 3,085.07 $ 3,123.63 $ 3,160.32 $ 3,199.82 $ 3,239.32 $ 3,279.82 $ 3,318.33 $ 32,760.00 $ 34,398.00 $ 36,117.90 $ 37,923.80 $ 39,819.98 $ 17.58 $ 17.80 $ 18.02 $ 18.23 $ 18.46 $ 18.69 $ 18.92 $ 19.14 $ 3,123.63 $ 3,162.20 $ 3,201.72 $ 3,239.32 $ 3,279.82 $ 3,320.31 $ 3,361.81 $ 3,401.29 $ 33,579.00 $ 35,257.95 $ 37,020.85 $ 38,871.89 $ 40,815.48 $ 18.02 $ 18.24 $ 18.47 $ 18.69 $ 18.92 $ 19.16 $ 19.40 $ 19.62 $ 3,201.73 $ 3,241.26 $ 3,281.77 $ 3,320.31 $ 3,361.82 $ 3,403.32 $ 3,445.86 $ 3,486.33 $ 34,418.52 $ 36,139.45 $ 37,946.42 $ 39,843.74 $ 41,835.93 $ 18.47 $ 18.70 $ 18.93 $ 19.16 $ 19.40 $ 19.63 $ 19.88 $ 20.11 $ 3,376.42 $ 3,418.11 $ 3,460.84 $ 3,501.48 $ 3,545.25 $ 3,589.01 $ 3,633.88 $ 3,676.55 $ 36,296.50 $ 38,111.32 $ 40,016.89 $ 42,017.73 $ 44,118.62 $ 19.48 $ 19.72 $ 19.97 $ 20.20 $ 20.45 $ 20.71 $ 20.96 $ 21.21 $ 3,615.96 $ 3,660.61 $ 3,706.36 $ 3,749.89 $ 3,796.76 $ 3,843.64 $ 3,891.68 $ 3,937.38 $ 38,871.55 $ 40,815.12 $ 42,855.88 $ 44,998.67 $ 47,248.61 $ 20.86 $ 21.12 $ 21.38 $ 21.63 $ 21.90 $ 22.17 $ 22.45 $ 22.72 $ 3,768.79 $ 3,815.32 $ 3,863.01 $ 3,908.37 $ 3,957.23 $ 4,006.08 $ 4,056.16 $ 4,103.79 $ 40,514.40 $ 42,540.12 $ 44,667.13 $ 46,900.48 $ 49,245.51 $ 21.74 $ 22.01 $ 22.29 $ 22.55 $ 22.83 $ 23.11 $ 23.40 $ 23.68 $ 4,063.97 $ 4,114.15 $ 4,165.57 $ 4,214.49 $ 4,267.17 $ 4,319.85 $ 4,373.85 $ 4,425.21 $ 43,687.62 $ 45,872.00 $ 48,165.60 $ 50,573.88 $ 53,102.58 $ 23.45 $ 23.74 $ 24.03 $ 24.31 $ 24.62 $ 24.92 $ 25.23 $ 25.53 $ 4,248.87 $ 4,301.33 $ 4,355.09 $ 4,406.24 $ 4,461.31 $ 4,516.39 $ 4,572.85 $ 4,626.55 $ 45,675.27 $ 47,959.04 $ 50,356.99 $ 52,874.84 $ 55,518.58 $ 24.51 $ 24.82 $ 25.13 $ 25.42 $ 25.74 $ 26.06 $ 26.38 $ 26.69 $ 4,752.76 $ 4,811.44 $ 4,871.58 $ 4,928.79 $ 4,990.40 $ 5,052.01 $ 5,115.16 $ 5,175.23 $ 51,092.09 $ 53,646.69 $ 56,329.02 $ 59,145.48 $ 62,102.75 $ 27.42 $ 27.76 $ 28.11 $ 28.44 $ 28.79 $ 29.15 $ 29.51 $ 29.86 $ 5,179.74 $ 5,243.69 $ 5,309.23 $ 5,371.58 $ 5,438.73 $ 5,505.87 $ 5,574.69 $ 5,640.16 $ 55,682.09 $ 58,466.19 $ 61,389.50 $ 64,458.97 $ 67,681.92 $ 29.88 $ 30.25 $ 30.63 $ 30.99 $ 31.38 $ 31.76 $ 32.16 $ 32.54 $ 5,548.56 $ 5,617.06 $ 5,687.27 $ 5,754.06 $ 5,825.98 $ 5,897.91 $ 5,971.63 $ 6,041.76 $ 59,646.87 $ 62,629.21 $ 65,760.67 $ 69,048.70 $ 72,501.14 $ 32.01 $ 32.41 $ 32.81 $ 33.20 $ 33.61 $ 34.03 $ 34.45 $ 34.86 $ 5,739.92 $ 5,810.78 $ 5,883.42 $ 5,952.51 $ 6,026.92 $ 6,101.32 $ 6,177.59 $ 6,250.14 $ 61,667.32 $ 64,750.69 $ 68,028.69 $ 71,430.13 $ 75,001.63 $ 33.11 $ 33.52 $ 33.94 $ 34.34 $ 34.77 $ 35.20 $ 35.64 $ 36.06 $ 6,127.80 $ 6,203.45 $ 6,281.00 $ 6,354.76 $ 6,434.19 $ 6,513.62 $ 6,595.04 $ 6,672.49 $ 65,873.72 $ 69,167.41 $ 72,625.78 $ 76,257.07 $ 80,069.92 $ 35.35 $ 35.79 $ 36.24 $ 36.66 $ 37.12 $ 37.58 $ 38.05 $ 38.50 yees
Jan 18, 2022 Pg. 60
Eligible Uses

1. Respond to COVID-19 and mitigate
the spread

2. Replace lost revenue 3. Premium Pay 4. Invest in water/ sewer/broadband
infrastructure
Sustainability Category Running Total
A. One Time Cost
B. Expense Previously
Covered by GF or Other
Fund
C. Long Term Cost
Needing Sustainable
Funding Source $ 2,070,832.64
Proposed Expenses Cost Use Category
Community Communications (Digital Signs,
Text, Phone Tree) ESTIMATE $ 300,000.00 1 A
Banner/Sign Printer with supplies $ 30,000.00 1 A
Masks, cleaning supplies $ 10,000.00 1 A
School Partnership for Open Spaces
ESTIMATE $ 50,000.00 1 B & C
Walk-in Fridge $ 20,000.00 1 A
Total Estimate $ 410,000.00
IT Server (See Attached) $ 23,000.00 1 & 4 A
Laptops & Accessories for staff, WFH (See
Attached) $ 47,000.00 1 & 4 A
Security Upgrade to all facilities (key fobs,
cameras) ESTIMATE $ 50,000.00 1 A & B
Office Communications (Phone System)
Upgrade (ESTIMATE) $ 50,000.00 1 A & B
OpenGov Financial Software upgrade and
annual cost up to 2022 $ 205,306.00 1 & 4 A & B
Publish Municipal Code Online $ 20,000.00 1 A & C
Council Meeting Software & iPads $ 20,000.00 1 A & C
Total Estimate $ 415,306.00
Reinstate PW Positions (2 PW 1 CE) for up
to two years (ESTIMATE) $ 250,000.00 1 C
Reinstace Community Activities Part Time
Staff for up to two years (ESTIMATE) $ 50,000.00 1 C
Total Estimate $ 300,000.00
Waste Water Projects (See Attached) $ 320,526.64 4 A & B Water Treatment Projects (See Attached) $ 595,000.00 4 A & B Broadband upgrade for Public Facilities
(ESTIMATE) $ 30,000.00 1 & 4 A
Total Estimate $ 945,526.64
Running Total $ 2,070,832.64
Other possible needs
Improvements at Vets Hall for community use - fitness equipment, tables/chairs if Wonderful Grant is denied Central storage for Community Activities supplies
Electric vehicles for Animal Control & Community Activities Water/Sewer/Broadband Infrastructure
Replace lost revenue/Premium Pay
American Rescue Plan Act (ARPA) Funds
Funds Allocated $3,228,530.00
Direct Community Response
Technology/Communication Improvements for Remote Work/Public Interaction Reinstate Staff
Jan 18, 2022 Pg. 61