Supplemental Grant Funds for Institutions Agreement, American Rescue Plan Act of 2021, ARP (a)(2)

Summary

The Supplemental Agreement for an Award under ARP (a)(2), covering ALNs 84.425 J, K, L and M, for Supplemental Grant Funds for Institutions under section 2003 of the American Rescue Plan Act of 2021 (Pub. L. 117-2) and section 314 of the CRRSAA. Drawing down the funds binds the institution to the terms. The terms say the supplemental awards were allocated proportionally to Title III, V and VII programs, that the recipient may defray coronavirus expenses including lost revenue, technology and payroll and make emergency financial grants to students, and that under section 2003(5) it must use part of the funds to implement evidence-based practices to monitor and suppress coronavirus and to conduct outreach to financial aid applicants.

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                                      Supplemental Grant Funds for Institutions Agreement – Page 1




                         American Rescue Plan Act of 2021
                Supplemental Agreement for an Award under ARP (a)(2)
                              (ALNs 84.425 J, K, L, M)

                            SUPPLEMENTAL GRANT FUNDS

The terms, conditions, and requirements governing your institution’s (Recipient’s) use of
these supplemental grant funds awarded pursuant to section 2003 of the American Rescue
Plan Act of 2021 (ARP) (Pub. L. 117-2) (supplemental award or grant) by the U.S.
Department of Education (Department) are governed by section 2003 of the ARP and
section 314 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021
(CRRSAA) (Pub. L. 116-260) and the following terms and conditions of this Supplemental
Agreement.
BY DRAWING DOWN THESE GRANT FUNDS, YOU AGREE TO BE BOUND BY
THE CONDITIONS SET FORTH ON BEHALF OF THE INSTITUTION YOU
REPRESENT, AND YOU WARRANT THAT YOU HAVE THE AUTHORITY TO
BIND THE INSTITUTION TO THE FOLLOWING CONDITIONS:
Use of Supplemental Grant Funds:
1. Section 314(a)(2) of CRRSAA authorizes the Secretary to make additional awards under
   parts A and B of title III, parts A and B of title V, and subpart 4 of part A of title VII of
   the Higher Education Act of 1965, as amended (HEA), to address needs directly related
   to the coronavirus. These awards are in addition to awards made in Section 2003 for the
   ARP funding stream and have been allocated by the Secretary proportionally to such
   programs based on the relative share of funding appropriated to such programs in the
   Further Consolidated Appropriations Act, 2020 (Public Law 116-94).
2. Pursuant to Section 2003 of ARP and Section 314(c) of CRRSAA, Recipient may use
   this award to defray expenses associated with coronavirus (including lost revenue,
   reimbursement for expenses already incurred, technology costs associated with a
   transition to distance education, faculty and staff trainings, and payroll); and make
   additional emergency financial grants to students, which may be used for any component
   of the student’s cost of attendance or for emergency costs that arise due to coronavirus,
   such as tuition, food, housing, health care (including mental health care), or child care.

3. Under section 2003(5) of the ARP, Recipient must use a portion of their funds received
   under this supplemental award to (a) implement evidence-based practices to monitor
   and suppress coronavirus in accordance with public health guidelines and (b) conduct
   direct outreach to financial aid applicants about the opportunity to receive a financial
   aid adjustment due to the recent unemployment of a family member or independent
   student, orother circumstances, described in section 479A of the HEA (20 USC §
   1087tt).

4. The Secretary urges Recipient to devote the maximum amount of funds possible to
   emergency financial aid grants to students. The Secretary urges Recipient to take strong
   measures to ensure that emergency financial aid grants to students are made to the
                                      Supplemental Grant Funds for Institutions Agreement – Page 2




   maximum extent possible.

5. Recipient acknowledges that no supplemental grant funds may be used to fund
   construction; acquisition of real property; contractors for the provision of pre-enrollment
   recruitment activities; marketing or recruitment; endowments; capital outlays associated
   with facilities related to athletics, sectarian instruction, or religious worship; senior
   administrator or executive salaries, benefits, bonuses, contracts, incentives stock buybacks,
   shareholder dividends, capital distributions, or stock options; or any other cash or other
   benefit for a senior administrator or executive.

6. Recipient acknowledges that it may voluntarily decline all or a portion of its ARP (a)(2)
   funds. The recipient may indicate this by submitting the Voluntary Decline of HEERF
   form (OMB Control Number 1840-0856) to the Department by August 11, 2021. Recipient
   further acknowledges if it submits this form, it will be ineligible for the future
   redistribution of ARP HEERF grant funds to other institutions with greater needs due tothe
   coronavirus.

Grant Administration:

7. Recipient acknowledges that consistent with 2 CFR § 200.305, it must minimize the
   time between drawing down funds from G5 and paying incurred obligations
   (liquidation). Recipient further acknowledges that if it draws down funds and does not
   pay the incurred obligations (liquidates) within 3 calendar days it may be subject to
   heightened scrutiny by the Department, Recipient’s auditors, and/or the Department’s
   Office of Inspector General (OIG). Recipient further acknowledges that returning
   funds pursuant to mistakes in drawing down excessive grant funds in advance of need
   may also be subject to heightened scrutiny by the Department, Recipient’s auditors,
   and/or the Department’s OIG. Finally, Recipient acknowledges that it must maintain
   drawn down grant funds in an interest-bearing account, and any interest earned on all
   Federal grant funds above $500 (allFederal grants together) during an institution’s
   fiscal year must be returned (remitted) to the Federal government via a process
   described here: https://www2.ed.gov/documents/funding-101/g5-returning-
   interest.pdf.

8. Recipient may charge indirect costs to supplemental funds made available under this
   award consistent with its negotiated indirect cost rate agreement. If Recipient does
   not have a current negotiated indirect cost rate with its cognizant agency for indirect
   costs, itmay appropriately charge the de minimis rate of ten percent of Modified
   Total Direct Costs (MTDC) under 2 CFR § 200.414. Recipient may also charge
   reasonable direct administrative costs to the supplemental funds made available
   under this award.

9. Recipient acknowledges that any obligation under this grant (pre-award costs pursuant
   to 2CFR § 200.458) must have been incurred on or after March 13, 2020, the date of
   the declaration of a National Emergency Concerning the Novel Coronavirus Disease
   (COVID-19) Outbreak (85 FR 15337)
                                      Supplemental Grant Funds for Institutions Agreement – Page 3




10. Recipient must promptly and to the greatest extent practicable expend all grant funds
    from this award within the one-year period of performance (2 CFR § 200.77) specified in
    Box 6 of this Grant Award Notification (GAN).

11. Recipient must, to the greatest extent practicable, continue to pay its employees and
    contractors during the period of any disruptions or closures related to coronavirus
    pursuant to section 315 of the CRRSAA.

12. Recipient acknowledges that its failure to draw down any amount ($1 or more) of its
    HEERF grant funds from the institution's HEERF account within 90 days of the date of
    this supplemental award will constitute nonacceptance of the terms, conditions, and
    requirements of this SupplementalAgreement and of these supplemental grant funds. In
    such event, the Department, in its sole discretion, may choose to deobligate these
    supplemental grant funds or take other appropriate administrative action, up to and
    including terminating the grant award pursuant to 2 CFR § 200.340.

Reporting and Accountability:

13. Recipient must promptly and timely provide a detailed accounting of the use and
    expenditure of the funds provided by this supplemental award in such manner and with
    such frequency as the Secretary may require. Recipient acknowledges the Department
    may require additional or more frequent reporting to be specified by the Secretary.

14. Recipient must comply with all requirements of the Single Audit Act Amendments of
    1996, 31 USC § 7501, et seq. (Single Audit Act) and all applicable auditing standards.
    Considering that the HEERF grant program is a new program not previously audited or
    subjected to Department oversight, and the inherent risk that comes with a new program,
    the Department strongly suggests that the HEERF grant program be audited as a major
    program in the first fiscal year(s) that the institution received a HEERF grant.

15. Recipient acknowledges it is under a continuing affirmative duty to inform the
    Department if Recipient is to lose its accreditation, close or terminate operations as an
    institution, or merge with another institution. In such cases, Recipient must promptly
    notify in writing the assigned education program officer contact in Box 3. Additionally,
    Recipient must promptly notify the assigned education program officer if the Recipient’s
    Authorized Representative changes.

16. Recipient must cooperate with any examination of records with respect to the advanced
    funds by making records and authorized individuals available when requested, whether
    by (a) the Department and/or its OIG; or (b) any other Federal agency, commission, or
    department in the lawful exercise of its jurisdiction and authority. Recipient must retain
    all financial records, supporting documents, statistical records, and all other non-Federal
    entity records pertinent to a Federal award for a period of three years from the date of
    submission of the final expenditure report pursuant to 2 CFR § 200.334.

17. Recipient acknowledges that failure to comply with this Supplemental Agreement,
                                   Supplemental Grant Funds for Institutions Agreement – Page 4




  its terms and conditions, and/or all relevant provisions and requirements of the
  CRRSAA or ARP or any other applicable law may result in Recipient’s liability
  under the False Claims Act, 31 USC § 3729, et seq.; OMB Guidelines to Agencies
  on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part
  180, as adopted and amended as regulations of the Department in 2 CFR part
  3485; 18 USC §1001, as appropriate; and all of the laws and regulations
  referenced in the “Applicable Law” section of this Supplemental Agreement,
  below.

Applicable Law:

18. Recipient must comply with all applicable assurances in OMB Standard Forms
    (SF) SF-424B and SF-424D (Assurances for Non-Construction and Assurances
    for Construction Programs), including the assurances relating to the legal
    authority to apply for assistance; access to records; conflict of interest;
    nondiscrimination; Hatch Act provisions; labor standards; Single Audit Act; and
    the general agreement to comply withall applicable Federal laws, executive
    orders, and regulations.

19. Recipient certifies that with respect to the certification regarding lobbying in
    Department Form 80-0013, no Federal appropriated funds have been paid or will be
    paid to any person for influencing or attempting to influence an officer or employee of
    any agency, a Member of Congress, an officer or employee of Congress, or an
    employee of a Member of Congress in connection with the making or supplementing of
    Federal grants under this program; Recipient must complete and submit Standard
    Form-LLL, “Disclosure Form toReport Lobbying,” when required (34 CFR part 82,
    Appendix B).

20. Recipient must comply with the provisions of all applicable acts, regulations and
    assurances; the following provisions of Education Department General
    AdministrativeRegulations (EDGAR) 34 CFR parts 75, 77, 81, 82, 84, 86, 97, 98,
    and 99; the OMB Guidelines to Agencies on Governmentwide Debarment and
    Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as
    regulations of the Department in 2 CFR part 3485; and the Uniform Administrative
    Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2
    CFR part 200, as adopted and amended as regulations of the Department in 2 CFR
    part 3474.


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