6 Miss. Code. R. 2-1.2

Current through December 10, 2024
Rule 6-2-1.2 - DEFINITIONS
A. "Community Foundations Act" means Sections 2(j)-(l) of House Bill 1782, 2020 Reg. Session, as amended by Senate Bill 3063, 2020 Reg. Session and Senate Bill 2221, 2021 Reg. Session.
B. "Program" means the "Community Foundations COVID-19 Grant Program" which was established by the Community Foundations Act.
C. "COVID-19" means the Coronavirus Disease 2019.
D. "CARES Act" means the "Coronavirus Aid, Relief, and Economic Security Act" (H.R. 748).
E. "MDA" means the Mississippi Development Authority, as established by Miss. Code Ann. §§ 57-1-1, et seq. (Rev. 2019).
F. "Community Foundations" mean:
1. The CREATE Foundation, Inc., a nonprofit corporation formed with the Mississippi Secretary of State's Office, being Business Identification Number 630002 with that office and having a jurisdiction that consists of the Counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Lafayette, Lee, Lowndes, Monroe, Montgomery, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, and Winston;
2. The Community Foundation of Northwest Mississippi, Inc., a nonprofit corporation formed with the Mississippi Secretary of State's Office, being Business Identification Number 711372 with that office and having a jurisdiction that consists of the Counties of Bolivar, Carroll, Coahoma, DeSoto, Grenada, Leflore, Marshall, Panola, Quitman, Sunflower, Tallahatchie, Tate, Tunica, and Yalobusha;
3. The Community Foundation of Washington County, a nonprofit corporation formed with the Mississippi Secretary of State's Office, being Business Identification Number 1008905 with that office and having a jurisdiction that consists of the Counties of Humphreys, Issaquena, Sharkey, and Washington;
4. The Community Foundation of Mississippi (previously known as the "Community Foundation of Greater Jackson, Inc."), a nonprofit corporation formed with the Mississippi Secretary of State's Office, being Business Identification Number 701100 with that office and having a jurisdiction that consists of the Counties of Adams, Amite, Attala, Claiborne, Copiah, Franklin, Hinds, Holmes, Jefferson, Lawrence, Leake, Lincoln, Madison, Pike, Rankin, Scott, Simpson, Smith, Walthall, Warren, Wilkerson, and Yazoo;
5. The Community Foundation of East Mississippi, Inc., a nonprofit corporation formed with the Mississippi Secretary of State's Office, being Business Identification Number 8702972 with that office and having a jurisdiction that consists of the Counties of Clarke, Kemper, Lauderdale, Neshoba, and Newton;
6. The Greater Pinebelt Community Foundation (previously known as "The Greater Hattiesburg Community Foundation"), a nonprofit corporation formed with the Mississippi Secretary of State's Office, being Business Identification Number 645508 with that office and having a jurisdiction that consists of the Counties of Covington, Forrest, Jasper, Jefferson Davis, Jones, Lamar, Marion, Perry, and Wayne; and
7. The Gulf Coast Community Foundation, Inc., a nonprofit corporation formed with the Mississippi Secretary of State's Office, being Business Identification Number 566743 with that office and having a jurisdiction that consists of the Counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone.
G. "The North Mississippi Education Consortium" ("Consortium") is a nonprofit corporation formed with the Mississippi Secretary of State's Office, being Business Identification Number 632231 with that office and, according to the Act, has statewide jurisdiction.
H. "Eligible Grantees" mean the following:
1. "Nonprofit Entity" means an entity which provides services to the public and which is a nonprofit corporation where no part of the assets, income or profit is distributed to or enures to the benefit of its members, directors or officers, per Miss. Code Ann. § 79-11-127(z)(Rev. 2006); thus, to qualify for the Program, the Nonprofit Entity must be legally formed and registered with the Mississippi Secretary of State's Office. In addition to these entities, a nonprofit entity will include, but not be limited to, volunteer fire departments, rural community development organizations, and civic clubs (such as Civitan clubs. Rotary clubs. Exchange clubs, Kiwanis clubs. Boys and Girls clubs, and Lions clubs) that operate and provide services in the State of Mississippi.
2. "Food Pantry" means an organization, including, but not limited to Nonprofit Entities, not for profit entities, other tax exempt agencies, churches, schools, junior colleges, universities and such entities which distribute food to low-income and unemployed individuals and households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress in the distribution of food to low-income and unemployed individuals and households. The Food Pantry shall distribute food or provide services at no cost to the recipient. For purposes of this Program, a Food Pantry which operates at more than a single location may qualify each location as an Eligible Grantee if it can be shown that each separate location serves a different geographical area (such as a different county, city, or town) and population.
3. "Child Care Facility" means those entities defined in Miss. Code Ann. § 43-20-5(a) (Rev. 2008) and licensed by the Mississippi State Department of Health.
I. "Grant" means an award by a Community Foundation and the Consortium to an Eligible Grantee to reimburse Eligible Expenditures in accordance with the Community Foundations Act.
J. "Application" means the form that the Community Foundations and the Consortium shall establish which each potential Eligible Grantee must complete and submit to demonstrate eligibility for a Grant. This document will also bind the Eligible Grantee to all terms and conditions of the Program.
K. "Reimbursement Request" means the form that the Community Foundations and the Consortium shall establish which each Eligible Grantee must complete and submit to receive reimbursement for Eligible Expenditures, along with required supporting documentation for Eligible Expenditure.
L. "Duplication of Benefits" ("DOB") means benefits under this Program reimbursed from any other source. Charitable contributions, donations, and donations in kind are not considered DOB. Each Eligible Grantee must comply by obtaining an executed certification to meet this requirement or complete a written DOB analysis to be retained in its files and the files of the Community Foundation or the Consortium.
M. "Eligible Expenditure" means, per the CARES Act and the guidelines issued by the U.S. Department of the Treasury, a cost necessarily incurred due to COVID-19 and during the period that begins on March 1, 2020 and ends on December 31, 2021. In this regard, the CARES Act guidelines provide that an Eligible Expenditure is one used to address the direct health concerns of the pandemic or to address the secondary impacts of the pandemic (such as economic impacts). The Eligible Grantee must submit documentation as to how a submitted cost meets both the necessary connection to the pandemic and the time period requirement. Eligible Expenditures shall include, but not be limited to, the following:
1. Costs to create social distancing measures;
2. Costs to clean or disinfect areas due to COVID-19, including, but not limited to, sanitizing products and cleansers;
3. "Personal Protective Equipment" ("PPE"), which means those items identified by the U.S. Centers for Disease Control and Prevention ("CDC") in its "Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic Infection Control Guidance" (Updated July 15, 2020):
a. Respirators (N95 or higher);
b. Facemasks;
c. Goggles;
d. Face shields;
e. Protective eyewear without gaps between glasses and face;
f. Gloves; and
g. Gowns;
4. "COVID-19 testing," which means those medical tests administered for staff and employees of the Eligible Grantee which are recommended by the CDC in its guidance entitled "Testing for COVID-19" (Updated June 24, 2020) which include the following:
a. Viral tests which inform an individual that he/she is currently infected with the COVID-19 virus, and
b. Antibody tests which may inform an individual that he/she has had a past infection of COVID-19;
5. "COVID-19 screenings" means those tests of individuals who are attempting to enter the facilities, clinics, or vehicles of Eligible Grantees which are designed to detect possible COVID-19 infection and protect the Eligible Grantee and his/her/its staff and employees from exposure to COVID-19;
6. Expenses for technical assistance concerning mitigation of COVID-19 related threats to public health and safety;
7. Contactless equipment;
8. Equipment or items designed to track employees or customers who have tested positive for COVlD-19;
9. Expenses for quarantining individuals;
10. Necessary re-opening expenses specifically to address COVID-19 issues;
11. Expenses to facilitate teleworking to enable compliance with COVID-19 public health precautions;
12. Expenses to facilitate distance learning, including technological improvements, in connection with closings to enable compliance with COVID-19 precautions;
13. Expenses for additional food delivery costs and expenses, including the purchase of food, to individuals and households, such as to senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions;
14. Expenses for care for homeless populations provided to mitigate COVlD-19 effects and enable compliance with COVID-19 public health precautions;
15. Individual grants to prevent evictions or foreclosure and to otherwise assist in preventing homelessness which are necessary expenses incurred due to the COVID-19 public health emergency;
16. Individual assistance to individuals and households who have been directly impacted by a loss of income due to the COVID-19 public health emergency for necessary expenses;
17. Expenses for employment and training programs for individuals who have lost employment or have been furloughed due to the COVID-19 public health emergency;
18. Expenses incurred directly due to the interruption of the Eligible Grantee's business due to COVID-19, including:
a. Mortgage interest;
b. Rent;
c. Payroll; or
d. Utilities;
19. Eligible Expenditures shall not include the following;
a. Damages that have been or will be covered by insurance;
b. Costs that have been or will be reimbursed by any other federal or state program;
c. Reimbursement to donors for donated items or services;
d. Workforce bonuses other than Hazard Pay or overtime;
e. Severance pay;
f. Legal settlements;
g. Payments to cover or reimburse individuals and entities for property taxes; and
h. Other costs deemed ineligible expenditures under the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United Stales Department of the Treasury regarding the use of monies from the "Coronavirus Relief Fund."
N. "Rules" means these rules as authorized by the Community Foundations Act.

6 Miss. Code. R. 2-1.2

Senate Bill 2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular Legislative Session; House Bill 1782, 2020 Regular Legislative Session. Miss. Code Ann. § 43-20-5
Amended 8/1/2021