Investments in Nonprofit Organizations: Guidelines

General Information

 
On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) program. This program is intended to provide support to state, territorial, local, and tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses.

 
All proposals must adhere to guidelines governing the use of ARPA funds, as outlined by the U.S. Department of Treasury. Specifically, proposals must identify which expenditure category the project falls within and must provide justification. More information from the U.S. Department of Treasury and ARPA can be found here: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recovery-funds.

 
Yamhill County received $10,750,000.00 (half) of the $21,000,000 in ARPA funds in May 2021. We expect the other half in May 2022. Funds must be obligated by December 31, 2024. The Yamhill County Board of Commissioners (BOC) identified seven priority areas for funding with the following allocations:

 

 
Compliance with Applicable Laws

 
Grant recipients must comply with all other applicable federal statutes, regulations, and Executive Orders, and a recipient shall provide for compliance with ARPA, this subpart, and any interpretive guidance by other parties in any agreements it enters into with other parties relating to these funds. 31 CFR 35, § 35.9.

 
Procurement

 
Grant recipients are responsible for ensuring that any procurement using ARPA funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327, as applicable. The Uniform Guidance establishes in 2 CFR 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in 2 CFR 200.320, which allows for non-competitive procurements only in circumstances where at least one of the conditions below is true: the item is below the micro-purchase threshold; the item is only available from a single source; the public exigency or emergency will not permit a delay from publicizing a competitive solicitation; or after solicitation of a number of sources, competition is determined inadequate. The Uniform Guidance requires an infrastructure for competitive bidding and contractor oversight, including maintaining written standards of conduct and prohibitions on dealing with suspended or debarred parties.

 
Fair Labor

 
The interim federal rule projects use strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions, not only to promote effective and efficient delivery of high-quality infrastructure projects but also to support the economic recovery through strong employment opportunities for workers. 86 FR 26786 Section II.D (hereinafter “Rule). The Oregon Prevailing Wage Law requires the prevailing wage rates established by the Oregon Department of Labor & Industry be paid on public works contracts. Projects using ARPA funds will be required to comply with the Oregon Prevailing Wage law. For projects over $10 million, recipients may report that all laborers and mechanics employed by contractors and subcontractors are paid wages at rates not less than those in the Davis-Bacon Act. U.S.

 
OEPA/NEPA

 
The US Department of Treasury delegates to its recipients the legal authority to comply with either the National Environmental Policy Act or the Oregon Environmental Policy Act (OEPA). OEPA requires state agencies to carry out its policies through the use of a systematic, interdisciplinary analysis of state actions that have an impact on Oregon’s human environment. ARPA funded projects will need to comply with the requirements of OEPA.

 
Audit

 
Grant recipients that expend more than $750,000 in Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements. Subrecipients may also refer to the Office of Management and Budget (OMB) Compliance Supplements for audits of federal funds and related guidance and the Federal Audit Clearinghouse to see examples and single audit submissions. Rule at 26786 Section III.C.

 
Recoupment

 
Any amount used in violation of § 35.5, § 35.6, or § 35.7 may be identified at any time prior to December 31, 2026.

 
Reporting

 
Grant recipients will be required to submit quarterly project and expenditure reports Quarterly progress reports will be available through the online portal and due according to the following schedule:

 

 
Reporting is required as part of the federal ARPA requirements and state level transparency. Failure to comply with reporting requirements may result in delays of reimbursement to recoupment of costs or canceling awards.

 
Recordkeeping

 
Awardees must maintain records and financial documents for five years after all funds have been expended or returned to Treasury. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. Awardees must agree to provide or make available such records to Yamhill County upon request.

 
Civil Rights Compliance

 
Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23.

 
In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status.

 
How to Apply

 
Proposals may be submitted February 7, 2022 through March 7, 2022 via the Yamhill County online grant portal. All proposals received will be reviewed and ranked by a selection committee appointed by the BOC. Reviews will take place March 8-30, 2022. Once reviewed, recommendations for all proposals will be submitted to the BOC for approval on March 31, 2022, and notifications will be emailed on Friday, April 1, 2022 at 4:00 p.m. All applicants, project descriptions, and awardees will be posted on the Yamhill County website in April 2022.

 
Eligible Applicants

 
Qualified nonprofit applicants must be located within Yamhill County, and may include:

 

 
Yamhill County Investments in Nonprofit Organizations Grant Categories

 

 
Grant Categories Defined

 

 
Eligible Uses

 
ARPA provides that SLFRF funds may be used “to respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality.” In addition to programs and services, the final rule clarifies that recipients may 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 the requirements in this final rule and the Supplementary Information.

 
In addition, the final rule presumes that an expanded set of households and communities are “impacted” or “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 enumerated eligible uses available for these communities as part of COVID-19 public health and economic response, including making affordable housing, childcare, and early learning services eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities.

 
What Is the Match Requirement?

 
Only applicants applying to the Capital Purchase/Acquisition category are required to provide proof of matching funds. Matching contributions may be in the form of in-kind services or cash from local, state or federal sources. However, all contributions must be targeted for expenditure on the project specifically identified in the application.

 

 
Eligible in-kind contributions are those project-specific contributions associated directly with project implementation. If your budget includes in-kind labor, always reference the source for your labor value estimate.

 
Program Timeline

 
Applications for the Yamhill County ARPA Investments in Nonprofit Organizations Competitive Grant program must be submitted through the County’s online grant portal and are due by Monday, March 7, 2022 at 6:00 p.m. PST. Only online applications will be accepted.

 
All applications will be reviewed and ranked by a selection committee appointed by the BOC.

 
Eligible Projects

 
Projects must be located in Yamhill County and demonstrate a critical and necessary investment in community services and resources. Project proposals must respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality.

 
Eligible Expenses

 
Yamhill County INO funds can be used for a variety of planning, technical assistance, operational, project or program, capacity building, or capital expenses. Below is a sample list of allowable expenses:

 

 
Ineligible Expenses

 
The following types of expenses will not be considered:

 

 
Multiple Applications

 
Organizations may submit only one application to the Investments in Nonprofit Organizations grant program.

 
Project Period

 
The project start date is the execution date of the contract between Yamhill County and the awardee. Projects must be completed within 12 months of the project start date. Costs incurred prior to the contract start date will not be eligible. Any project extensions must be submitted in writing and approved in advance by Yamhill County.

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