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Shuttered Venue Operators Grant Information Session

Summary

Slides for the U.S. Small Business Administration's Shuttered Venue Operators Grant Information Session of March 30, 2021, covering SVOG background, eligibility, preparing to apply, the application, the notice of award, monitoring and audits. They state that SVOG was established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, signed December 27, 2020, and amended by the American Rescue Plan Act, signed March 12, 2021, with over $16 billion in grants. The award basics give applications available April 8, 2021, funding of $16.2 billion, awards of up to $10,000,000, an estimated 15,000 awards and an estimated average award of $1,000,000.

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U.S. Small Business
  Administration
Shuttered Venue
Operators Grant
Information Session
    March 30, 2021
                         Meeting Logistics
• Listen only mode
• Meeting is being recorded
• Questions were accepted and
  reviewed prior to the meeting
• General, novel questions not
  answered during the session may
  be added to SVOG Frequently
  Asked Questions (FAQs)



                                             3
Agenda

  • SVOG Background and Award Basics
  • Eligibility
  • Prior to Application
  • Application
  • Notice of Award and Grant Funds
  • Monitoring, Close-outs, and Audits
  • Other Information and Next Steps
  • Questions and Answers

                                         4
                         SVOG Background

• Established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits,
  and Venues Act, signed into law on December 27, 2020
• Amended by the American Rescue Plan Act, signed into law on March 12,
  2021
• Administered by the Small Business Administration (SBA)
• Intended to provide relief in response to financial challenges from the
  coronavirus (COVID-19) pandemic
• Includes over $16 billion in grants to shuttered venues



                                                                              5
                  Notice of Funding Opportunity

• Posted in the Federal
  Register Federal Register ::
 Applications for New Awards;
 Shuttered Venue Operators
 Grants (SVOG)
• Includes definitions and
  detailed grant information
• Applicants should read the
  entire notice



                                                  6
                                           Award Basics

 • Applications available: April 8, 2021
 • Information session: March 30, 2021
 • Funding amount: $16.2 billion
 • Award amount: Up to $10,000,000
 • Estimated number of awards: 15,000
 • Estimated average award: $1,000,000



SBA is not bound by any estimates in the Notice of Funding Opportunity.
                                                                          7
                           Award Amount

• For an eligible entity in operation on January 1, 2019, grants will be
  for an amount equal to 45% of their 2019 gross earned revenue OR $10
  million, whichever is less.
• For an eligible entity that began operation after January 1, 2019,
  grants will be for the average monthly gross earned revenue for each full
  month you were in operation during 2019 multiplied by six (6) OR $10
  million, whichever is less.
• Venue or promoter who received a PPP loan on or after December 27,
  2020, will have the SVOG reduced by the PPP loan amount.



                                                                              8
                               Priorities
• First priority
    • First 14 days of grant awards
    • Entities that suffered a 90% or greater revenue loss April-December 2020
• Second priority
    • Next 14 days of grant awards
    • Entities that suffered a 70% or greater revenue loss April-December 2020
• Third priority
    • 30 days after first priority awards are made
    • Entities that suffered a 25% or greater revenue loss between one
      quarter in 2019 and corresponding quarter in 2020

                                                                                 9
                          Revenue Defined
• First and second priorities – gross revenue
• Third priority – earned revenue

What is included in revenue?
• Earned revenue – monies received from the sale of goods or services.
  Does not include other funds such as donations, sponsorships,
  government assistance or returns on investments.
• Gross earned revenue - the total of earned revenue from various sales of
  goods or services, such as admission tickets, merchandise, food and
  beverages, advertising sales and contracted presentation income.
• Gross revenue – all revenue in whatever form from whatever source.
  Included contributions, donations, and grants (except disaster assistance).
                                                                                10
                      Supplemental Funding

• Available after all priority periods
  have passed
• Recipients of first, second, or third
  priority round awards who suffered a
  70% or greater revenue loss for the
  most recent calendar quarter (April 1,
  2021 or later)
• Information will be posted at a later
  date


                                               11
                                             11
Small Business Set-Aside


              During the first 59 days of
              opening SVOG, SBA will reserve
              no less than $2 billion of program
              funding for grants to entities that
              have not more than 50
              employees.




                                                    12
                       Eligibility (Entities)
• Live venue operators or promoters
• Theatrical producers
• Live performing arts organization operators
• Relevant museum operators, zoos and aquariums who meet specific
  criteria
• Motion picture theater operators
• Talent representatives
• Each business entity owned by an eligible entity that also meets the
  eligibility requirements


                                                                         13
             Eligibility (Subsidiaries & Affiliates)

• A subsidiary is an entity that is either wholly or majority-owned and
  controlled by another entity.
• Maximum of five business entities related via affiliation (for example,
  one parent firm and four subsidiaries) can receive an SVOG.
• Only one SVOG application and award will be allowed per EIN.
• An eligible museum, and all other museums it operates as subsidiaries
  may receive no more than $10 million combined under the program.




                                                                            14
           Eligibility (Principal Business Activity)

• The business activity in which the entity has the greatest combined
  amount of revenues, expenses, employees and work hours, assets, and
  contracts.
• Will consider the distribution of an entity’s receipts, employees and
  costs of doing business among the different lines of business activity in
  which its business operations occurred for the most recently completed
  fiscal year.
• May also consider other factors, such as the distribution of patents,
  contract awards, and assets.



                                                                              15
Eligibility (General)


                    • Must have been in
                      operation as of
                      February 29, 2020
                    • Must have
                      documentation to
                      support eligibility




                                            16
Entities Not Eligible

      • Not in operation as of February 29, 2020.
      • Does not have a place of business
        located in the United States, does not
        operate primarily within the U.S., and does
        not make a significant contribution to the
        U.S. economy through payment of taxes or
        use of American products, materials or
        labor.
      • Publicly traded corporation, or majority
        owned and controlled by a publicly traded
        corporation.


                                                      17
                  Entities Not Eligible (cont.)

• Presents live performances or sells products or services of a prurient
  sexual nature.
• More than 10% of 2019 gross revenue came from the federal
  government (not counting disaster assistance).
• Owns or operates venues, theatres, museums or talent agencies in more
  than one country, owns or operates venues, theatres, museums or
  talent agencies in more than ten states, AND had more than 500
  employees as of February 29, 2020.



                                                                           18
                       Prior to Application
• Register in the System for Award
  Management
   • SAM.gov
• Sign up for updates at
  svograntportal.sba.gov
• See Application Checklist for
  required forms and documents
• Read Frequently Asked Questions
  (FAQs)


                                              19
                            Registrations
DUNS Registration
 • Your organization must obtain a DUNS number.
 • Call 1-866-705-5711 or go to dnb.com.
System for Award Management (SAM) Registration
 • Register both DUNS number and tax ID number (TIN) with SAM.
 • Takes approximately 7 business days but may take longer.
 • Allow 24 to 48 hours for information to be active.
 • Requires an annual registration – application will be flagged if
   registration has not been updated. Updating may take 3 or more
   business days.

                                                                      20
Application Portal



    Application portal will open
           April 8, 2021
     svograntportal.sba.gov



                                   21
Application Due Date

        • Applications are accepted on a rolling
          basis
        • Reviewed based on time of receipt
        • SBA will determine, based on revenue
          information, the priority phase the
          application will be processed
        • Grants will be awarded until all funds
          are obligated



                                                   2222
                    Basic Application Process
• Create an account in the application portal
• Enter information in all required and
  applicable fields
• Upload all required and applicable documents
    • May upload .pdf, .jpg, .xls, .doc
• Application documents are saved throughout
  the process
• Application not received by SBA until submitted
• SBA staff are not permitted to provide
  assistance

                                                    23
Application Documents (Background Documents)

• Written Certification of Need
• Corporate documents (may include Articles of Incorporation,
  Certificate of Existence, Certificate of Organization, State LLC
  Agreement, Certificate of Formation or Articles of Information)
• Government issued photo ID (front and back) of the business
  owner or a primary officer of the organization
• Employee list with job titles and employee status (full and part
  time)
• Tax exempt documents (non-profits)


                                                                     24
     Application Documents (Financial Documents)

• 2019 Tax Return
• 2020 Tax Return, when filed (non-profit organizations that have a late
  fiscal year must submit 2018 and 2019 tax returns)
• 4506-T
• Quarterly Income Statements for 2019 and 2020, signed by a primary
  officer of the organization
• Payroll statements covering February 29, 2020
• Copy of most recent audited financial statement or Single Audit
  (if applicable) or link to where the document can be located, if obtained
  within the normal course of business in 2019


                                                                              25
         Application Documents (Standard Forms)
• SF-424B – Assurances for Non-
  Construction Programs (found on
  grants.gov)
• Certification of a Drug-free
  Workplace
• SBA Form 1623, Certification
  Regarding Debarment, Suspension, and
  Other Responsibility Matters
• SBA Form 1711, Certification
  Regarding Lobbying & Disclosure of
  Lobbying Activities

                                                  26
       Application Documents (Applicant Specific)
• Specific to each type of venue




                                                    27
       Applicant Documents (Certification of Need)

• A good faith certification that the uncertainty of current economic
  conditions makes the grant necessary to support the ongoing operations
  of the eligible person or entity.
• If the entity is currently in operation, must state that the entity will
  remain in operation after receipt of the funds. If the entity is currently
  shuttered, the statement shall include the intent to reopen with an
  estimated reopening date.
• All statements shall include an assurance that the entity was fully
  operational on February 29, 2020.


                                                                               28
    Certification of Need Example


Due to the uncertainty of current economic
conditions, the SVOG is necessary to support the
ongoing operations of the Disco Live Venue Museum
Talent Company, LLC. DLVMTC opened its doors on
November 13, 1989. It is currently shuttered but
intends to reopen on April 26, 2021.




                                                    29
                         Proposed Award

• Based on the financial information entered
  by the applicant, a proposed award amount
  will be automatically calculated.
• This amount will appear as the “Proposed
  Award.”
• SBA is NOT bound by the proposed award.
• If an applicant does not want the entire
  award amount calculated as the proposed
  award, the applicant may reduce this
  amount in the proposed budget.


                                               30
                        Proposed Budget
• Applicants will fill out a “proposed budget.”
• The proposed budget delineates how the applicant intends to expend
  grant funds.
• Each proposed expenditure must be entered on a line that corresponds
  to the allowable funding categories.
• The proposed budget must include ONLY proposed expenditures for
  grant funds.
• The proposed budget cannot exceed the proposed award amount.
• If an applicant received a PPP loan after December 27, 2020, SBA will
  reduce the proposed budget by the amount of the PPP loan.


                                                                          31
     Electronic Submission


              Applications for grants under this
              program must be
              submitted electronically, unless
              you qualify for an exception to
              this requirement in accordance with
              the instructions in the Notice.




                                                    32
32
                         Application Status

• Application is not submitted until the application status is “Submitted”
• Applicants will be notified of a status change
• Applicants must log into the system to review the change in status
• Application status prior to award:



                          On Hold
                                             Final           Approved
       Submitted          (Do Not
                                            Review          or Declined
                          Pay List)


                                                                             33
                           Do Not Pay List
• Federal agencies may not award grants to (or otherwise do business
  with) individuals or companies on the Do Not Pay List.
• SBA will check the Do Not Pay List multiple times during the application
  process.
• If an applicant appears on the Do Not Pay List, the applicant has 30 days
  to clear its name.
• The applicant must upload evidence that the Do Not Pay List hold has
  been cleared.
• If the applicant does not clear the Do Not Pay List hold in 30 days, the
  application will be declined.


                                                                              34
Notice of Award




                  35
                     Notice of Award (cont.)
• Provides the name and general information of the grantee
• Contains terms and conditions of the grant
   • Project period and budget period will be 1 year from the date of the
     Notice
   • Award amount
   • Approved budget
• Special conditions
   • Information about disbursements
   • Requirement to submit 2020 taxes
   • Other conditions based on application information
• Must be signed and uploaded
                                                                            36
       Approved Budget
• Enter how you plan to use proposed grant
  funds within allowable use of funds


• Proposed budget will be finalized by SBA as
  the approved budget (PPP deducted)


• Applicant required to report on
  expenditures according to approved budget


                                                37
                 Program-Specific Assurances

• Applicant must initial each
  individual assurance
• Applicant must also provide a
  full signature
• Any misrepresentation
  initialed may lead to a False
  Claims Act action
• Must be uploaded with signed
  Notice of Award


                                               38
                     Grant Disbursements
• Dependent on multiple factors determining risk
• Lowest risk may have one disbursement (lump sum), with submission of
  2020 tax returns
• Moderate risk will have 2-3 disbursements
• Highest risk will have 3-4 disbursements




                                                                         39
                     Allowable Use of Funds
• Payroll costs
• Rent payments
• Utility payments
• Scheduled mortgage payments (not including prepayment of principal)
• Scheduled debt payments (not including prepayment of principal on any
  indebtedness incurred in the ordinary course of business prior to February
  15, 2020)
• Worker protection expenditures
• Payments to independent contractors (not to exceed $100,000 in annual
  compensation per contractor)

                                                                               40
                Allowable Use of Funds (cont.)
• Other ordinary and necessary business expenses, including
  maintenance costs
• Administrative costs (including fees and licensing)
• State and local taxes and fees
• Operating leases in effect as of February 15, 2020
• Insurance payments
• Advertising, production transportation, and capital expenditures
  related to producing a theatrical or live performing arts production. (May
  not be primary use of funds)


                                                                               41
                   Unallowable Use of Funds
• Purchase real estate
• Make payments on loans
  originated after February 15, 2020
• Make investments or loans
• Make contributions or other
  payments to, or on behalf of,
  political parties, political
  committees, or candidates for
  election
• Any other use prohibited by the
  Administrator
                                              42
                    Expending Grant Funds

• One year from the date of award to expend grant funds.
• Funds can only be used to pay allowable items of cost incurred
  between March 1, 2020, and December 31, 2021.
• For Supplemental grants, grantees will have 18 months from the date
  of its Initial Phase Award to expend its grant funds
    • Supplemental funds can only be used to pay allowable costs
      incurred between March 1, 2020 and June 30, 2022.




                                                                        43
          Cost Principles (General Assumptions)

Grantee assumes responsibility for:
• Administering grant funds efficiently and effectively
• Managing funds according to agreements, objectives, and terms of the
  award
• Using accounting practices and consistent with Uniform Guidance cost
  principles
• Providing adequate documentation for costs charged to the award



                                                                         44
                       Cost Principles


• Costs must be allowable,
  allocable, and reasonable
    • Who is a prudent person?
• Reasonable and necessary




                                          45
                                         45
                           Monitoring

• All grants with multiple disbursements will be monitored
• Submit SF-425 (Report Type “Quarterly” and supporting documents in
  order to receive subsequent disbursements
• SF-425 gives detailed budget information related to the approved
  budget – report on expenditures for each budget category
• Supporting documents that verify expenditures must accompany the
  SF-425
   • Receipts, paid invoices, etc.



                                                                       46
                          Grant Close-out

• SF-425 Report Type “Final”
• Report on expenditures in each
  budget category
• Provide supporting documents
  for expenditures
• Answer questions regarding
  “performance”




                                            47
     Grantee Record Keeping

               • Grantees are required to maintain
                 documentation demonstrating their
                 compliance with eligibility and other
                 requirements of the SVOG program.
               • Employment records must be
                 maintained for four years following
                 the receipt of a grant and all other
                 records must be maintained for
                 three years.



                                                         48
48
                             Internal Audits

• Grants will be audited by SBA SVOG and SBA Office of Inspector General
  (OIG)
• Grants may be audited by the Government Accountability Office (GAO)
• Audits may include all aspects of the application, eligibility, use of funds,
  and reporting
• Grantees are required to cooperate with all audits




                                                                                  49
                           External Audits


• Grantees who expend $750,000 or more in Federal funds during its fiscal
  year must receive an external audit.
• Non-profit entities must obtain a Single Audit.
• For-profit entities must choose a Single Audit or audited financials.
• Single audits must be uploaded to the Federal Audit Clearinghouse.




                                                                            50
                         Enforcement Actions
In the case of fraud, waste, abuse, or
noncompliance with grant
conditions, SBA may:
• Seek repayment of funds
• Initiate legal action to collect funds
• Add individual and organization
  names to the Do Not Pay List
• Initiate a False Claims Act action
• Refer the grantee to the Inspector
  General


                                               51
                             SVOG and PPP
• If an entity applied and was approved for a PPP loan prior to December
  27, 2020, it is eligible to apply for an SVOG and the PPP loan has no effect
  on SVOG.
• Entities were originally prohibited from receiving PPP and SVOG after
  December 27, 2020, however the American Rescue Plan Act, which
  became law on March 11, 2021, removed this restriction.
• The full amount of any PPP loan received on or after December 27, 2020,
  must be deducted from an entity’s SVOG without regard to whether a
  portion of that PPP loan was forgiven or not.
• Entities will be ineligible for a PPP loan AFTER they receive an SVOG.


                                                                                 52
Applicable Legislation and Regulations
                  • Economic Aid to Hard-Hit Small
                    Businesses, Nonprofits, and Venues
                    Act, P.L. 116-260
                  • American Rescue Plan Act,
                    P.L. 117-2
                  • Uniform Guidance, 2 C.F.R. 200
                  • False Claims Act, 31 U.S.C. §§3729-
                    3733
                  • Cash Management Improvement
                    Act of 1990, 31 C.F.R. 205


                                                          53
                   Information and Support


• SVOG Website (sba.gov/svogrant)
• SVOG Portal (svograntportal.sba.gov)
• SBA Resource partners (https://www.sba.gov/local-assistance)
• SBA District Offices for connection to community resources and
  additional SBA programs




                                                                   54
                               Next Steps
• Obtain and DUNS number
  and register in SAM
• Collect documents on the
  Application Checklist
• Read the Notice of Funding
  Opportunity
• Sign up for updates at
  svograntportal.sba.gov



                                            55
SVOG Q&A
Thank you!


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