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Grant Application Guidelines

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1-19-21 C.A.R.E.S. Act Reimbursement Update


American Rescue Plan Act Non-Entitlement Unity (NEU) Allocations

Award Terms and Conditions for Non-entitlement Units of Local Government
Assurances of Compliance with Title VI of the Civil Rights Act of 1964

Background

The American Rescue Plan Act (“ARP Act”) was passed by Congress and signed into law by President Biden on March 11th, 2021, authorizing approximately $1.9 trillion in federal stimulus funds to continue combating the COVID crisis. The core of the ARP Act’s aid to state and local governments are the Coronavirus State and Local Fiscal Recovery Funds.

The State of West Virginia, its counties, and certain municipalities will receive direct transfers from the U.S. Department of Treasury for the amounts for which they are eligible. For other, smaller municipalities, Treasury has published a list of eligible “Non-Entitlement Units” (“NEUs”), which will have ARP allocations distributed by the State following a program designed by Treasury. The amount for which each NEU is entitled is based on factors provided in the ARP Act and further detailed in Treasury’s guidance and is not subject to any discretion by the State.

This award is being funded by the U.S. Department of Treasury. The applicant will be noted by their unique WV NEU number, assigned by the Governor’s Office, or their DUNS Number. The Federal Award Identification Number will be provided upon receipt from the U.S. Department of Treasury. The active Period of Performance is June 1, 2021 – December 31, 2026, with annual reporting to the U.S. Department of Treasury required by the NEU. The NEU can use March 3, 2021 – December 31, 2026 for their budget period. The amount of federal funds to each sub-awardee is based on population of the NEU and the last budget or annual expenditure as of January 27,2020. This award falls under the CFDA# 21.027 Coronavirus State and Local Fiscal Recovery fund. The total made available, as of June 3rd, 2021, to the State was $81,245,407 for NEU funding. This award is not a Research or Development award and there will be no use of the indirect cost rate.

If you have $750,000 or more in expenditures, the NEU will be subject to single audit requirements of 2 CFR § 200.501. All Advance payments of Federal Awards must be kept in interest bearing accounts as required by 2 CFR § 200.305 (8) unless the NEU meets the 4 exclusions listed. All requirements imposed by the Governor’s Office on the subrecipient are so that the Federal award is used in accordance with Federal statues, regulations and the terms and conditions of the Federal Award. The State of West Virginia, nor the Governor’s office have imposed any additional requirements other than what is required by the U.S. Department of Treasury for these funds.

Eligible Use of Funds

Eligible uses of funding are defined within Section 603 of the ARP Act, the Interim Final Rule issued by the Department of Treasury, and additional guidance and FAQs from Treasury. Treasury guidance on eligible costs and uses of these funds for NEUs, and other documents you might find helpful, are available on Treasury’s website, at the page titled “Coronavirus State and Local Fiscal Recovery Funds for Non-entitlement Units of Local Government,” located here.

Required Reporting to Treasury

Each NEU receiving funds will be required to report regularly to Treasury regarding the use of such funds and their compliance with the terms of the funding agreement. Reporting guidance is currently under development, with the NEU’s first report due to Treasury by October 31, 2021. Minimum information that must be tracked and reported by each NEU includes:

  • Recipient Number (a unique identification code that will be assigned by the State as part of the application for funding)
  • Copy of the signed award terms and conditions
  • Copy of the signed assurance of compliance with Title VI of the Civil Rights Act of 1964
  • Copy of actual budget documents validating the top-line budget total provided to the State as part of the request for funding
  • Uses of all funds received

Additional guidance will outline how NEUs are expected to report on the uses of funds, but NEUs should expect to have to account for and report on the full, eligible uses of funding received.

How to Receive Funding

Treasury has directed that the State create an application process for the disbursement of ARP funds allocated by the U.S. Department of Treasury to eligible NEUs. This application process is not competitive and NEUs will receive their allocated funds in accordance with the ARP Act and Treasury guidance.

The State has made an application available for eligible NEUs here. Each NEU is responsible for completing an application to receive the available allotted funding. Funding will be provided in two tranches, with one half of the NEU allocation provided via the initial application process described below. The second tranche is expected to be released in Spring/Summer 2022 and additional information will be provided at that time regarding the receipt of those funds.

If a NEU wishes to decline the receipts of its funding allocation, such funds may be transferred to the State under Section 603(c)4 of the ARP Act. An NEU may elect to transfer their ARP Act funding allocation to the State if such NEU does not want to be responsible for managing and accounting for funds in accordance with the ARP Act and applicable Treasury guidelines. If an NEU elects to transfer their funds to the State, the NEU must provide a signed notice to the State stating that it does not wish to receive its allocated funds. If the NEU does not provide such notice, it will remain legally obligated under the award for managing ARP Act funds, accounting for the uses of such funds, and satisfying the reporting requirements for use of such funds.

Steps for completion of the "NEU Funding Allocation Application"

1. Confirm eligibility and, if not already registered, register with wvOasis as an eligible entity to apply. The safest, fastest way for each local government to receive their NEU funding allocation is electronic funds transfer (EFT). If you have not already done so, please register at https://www.wvsao.gov/ElectronicPayments/Default​ and;
2. Use wvOasis vendor ID to register within the grants portal and access the NEU Funding Allocation Application. Click here. 3. Complete all required fields included in the “NEU Funding Allocation Application”; and
4. Upload all supporting documentation required by Treasury, including operating budget, award terms and conditions agreement, and assurances of compliance with Title IV of the Civil Rights Act; and
5. Certify and Acknowledge the completed “NEU Funding Allocation Application


Local Government Coronavirus Relief Fund Application Instructions

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by Congress and signed into law by President Trump on March 27th, 2020.
Coronavirus Relief Fund Frequently Asked Questions
Payroll Policy
Local Government Frequently Asked Questions
CCAWV Coronavirus Relief Fund Presentation

The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the CARES Act. The CARES Act established the Coronavirus Relief Fund (the “Fund”) and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.

The CARES Act provides that payments from the Fund may only be used to cover costs that:

1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19);
2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and
3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.

Steps for completion of the ‘Application for Reimbursement’

1. Review the eligibility criteria below; and
2. Register as an eligible entity to apply; and
3. Complete all required fields included in the ‘Application for Reimbursement’; and
4. Upload any required supporting documentation; and
5. Certify and Acknowledge the completed ‘Application for Reimbursement’
6. Submit each ‘Application for Reimbursement’ by the corresponding Application Deadline

The guidance that follows sets forth the Department of the Treasury’s interpretation of these limitations on the permissible use of Fund payments.

Necessary expenditures incurred due to the public health emergency

The requirement that expenditures be incurred “due to” the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The statute also specifies that expenditures using Fund payments must be “necessary.” The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments.

Costs not accounted for in the budget most recently approved as of March 27, 2020

The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The “most recently approved” budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account.

Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020

A cost is “incurred” when the responsible unit of government has expended funds to cover the cost.

Nonexclusive examples of eligible expenditures

Eligible expenditures include, but are not limited to, payment for:

1. Medical expenses such as:

  • COVID-19-related expenses of public hospitals, clinics, and similar facilities.
  • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs.
  • Costs of providing COVID-19 testing, including serological testing.
  • Emergency medical response expenses, including emergency medical transportation, related to COVID-19.
  • Expenses for establishing and operating public telemedicine capabilities for COVID-19 related treatment.

2. Public health expenses such as:

  • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19.
  • Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency.
  • Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.
  • Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety.
  • Expenses for public safety measures undertaken in response to COVID-19.
  • Expenses for quarantining individuals.

3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID19 public health emergency.

4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as:

  • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions.
  • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions.
  • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions.
  • Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions.
  • COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions.
  • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions.

6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria.

Nonexclusive examples of ineligible expenditures

The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund:

1. Expenses for the State share of Medicaid.
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or are eligible to be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, FEMA, HUD, COVID-19 grants or other resources.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.

The guidance that follows sets forth the required process to submit a request for reimbursement that meet the previously described criteria.

Reimbursements for eligible costs incurred will be submitted on a monthly basis

1. Reimbursements will be made according to the following schedule:

2. During each Reimbursement Period, only eligible costs incurred during the corresponding timeframe are allowable for inclusion in the ‘Application for Reimbursement’.

All requests for reimbursement must be made utilizing the following ‘Application for Reimbursement’ and submitted via the Coronavirus Relief Fund portal located at the Coronavirus Relief Fund Application. Please allow for 5 business days for a review of your reimbursement application to be conducted. Also, please allow for 10 business days for payment processing for any awarded reimbursements. Note: The timelines stated above are dependent on the volume of applications received within a given time-frame.


West Virginia CARES Act Small Business Grant Program

Governor Justice’s WV CARES Act Small Business Grant Program provides West Virginia’s small businesses—the backbone of the West Virginia economy—much needed relief by granting up to $5,000 to West Virginia small businesses that have been affected by the COVID-19 pandemic.

Small businesses are eligible if they:

  • Have less than 36 full-time employees based on the number of employees reported to WorkForce WV in your most recent filing prior to 3/1/2020.
  • Have their principal place of business in WV
  • Were qualified to do business in WV and in operation as of March 1, 2020
  • Are currently and intend to remain qualified to do business in WV and in operation for at least the next twelve months
  • Are in good standing with the State Tax Department and WorkForce West Virginia
  • Are a for-profit business
  • Are not in violation of any state order or decree (e.g., mine safety, DEP citations, etc.)
  • Are not presently suspended, debarred, proposed for debarment, declared ineligible, or otherwise excluded from participation in any federal grant program, and are not presently a debtor in any pending bankruptcy (including any owners of the business)
  • Have suffered eligible expenses and/or losses because of the COVID-19 pandemic

Eligible expenses and losses include direct out of pocket expenses, such as purchases of PPE for staff and costs of re-stocking inventory in order to reopen, as well as losses due to business closures, reduced sales, or suspended operations. A complete list of eligible expenses and losses is provided on the next page.

The process for applying for WV CARES Act Small Business Grant funds begins by becoming a registered Vendor in the wvOASIS system. You must be a registered Vendor to receive WV CARES Act Small Business Grant funds.

An eligible business can apply to be a registered Vendor—without needing to pay the typical $125 fee for registration as a Vendor (Grant Applicants should choose the “Pay Fee Later” Button: see quick user guide: https://prd311.wvoasis.gov/LoginExternal/Forms/CGI_Advantage_VSS_3.11_Registration_Guide.pdf)—in wvOASIS at https://www.wvoasis.gov/, and clicking “VSS.” During the registration process a W-9 will be required. Businesses owned by individuals are required to provide the associated EIN (FEIN or SSN) that business is registered with.

We ask that any current vendors or those vendors who plan to continue to do business with the State in the future, to please sign up for electronic funds transfer (EFT), at https://www.wvsao.gov/ElectronicPayments/Default.

Other vendors who choose to not sign up for EFT, will receive a paper check which will be mailed to a physical address in West Virginia.

Schedule of Eligible Expenses and/or Losses

  • The following expenses and/or losses, which have not otherwise been recovered through federal programs such as the PPP and EIDL, through private insurance, or otherwise, are eligible for West Virginia Small Business Grant funds:
  • Costs of personal protective equipment required by the business
  • Payment of any short term (less than 24 months) or credit card debt incurred by the applicant to pay eligible expenses
  • Expenses incurred to replenish inventory or other necessary re-opening expenses.
  • Costs of physical modifications or supplies for business to enable compliance with public health measures, requirements, or guidelines, including but not limited to:
    • Installation of drive-thru windows and items necessary to get a drive-thru operational, such as headsets, additional register, etc.
    • Vinyl/smooth surface furniture
    • Vinyl/hard surface flooring
    • Telework equipment and subscription service
    • Takeout/to-go merchandise
    • Website design/reconfiguration
    • Construction or installation of outdoor seating
    • Contactless equipment: doors, locks, gates, point-of-sale systems, and other equipment
    • Cleaning and sanitization supplies
    • Ozone generators, ozone meters, and dehumidifiers: only if documentation from CDC, WHO, EPA, or ADH can be provided stating it is effective in fighting COVID-19
    • Tablets and other easily sanitized computer equipment
    • Signage pertaining to reopening or restructuring the business to facilitate COVID-19 precautions
    • Bleachable towels and/or bedding
    • Supplies and furniture necessary to allow for spacing out employees and customers
    • Plexiglass and/or plastic barriers to separate employees and customers
    • Payment for third party licensed medical staff to perform COVID-19 screenings of employees
  • Costs of business interruption due to COVID-19 required closures, which may include but are not limited to:
    • Reduced sales or suspended operations
    • Rent or mortgage payments (unless otherwise waived by lessor/lender)
    • Utilities payments
    • Costs and Expenses for Payroll
    • Increased costs related to COVID-19 prevention measures
    • Disrupted supply network leading to shortage of critical inventory or materials
  • Note:
    • Funds must be expended in compliance with state and federal law.
    • Applicant must maintain supporting documentation for any expense or loss for which these WV CARES Act Small Business Grant funds are being sought for a period of 5 years.
    • The State of West Virginia has the right to audit the applicant based on their submitted expenses and/or losses.