W. Va. Code R. § 82-7-4

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 82-7-4 - Eligibility Requirements

Organizations eligible for panel review must be able to meet the following requirements by the application deadline:

4.1. A grant applicant shall be one of the following:

4.1.1. An agency of municipal or county government, including county school boards, or

4.1.2. A not-for profit, tax-exempt West Virginia corporation as defined in 501(c) (3) and 501(c)(4) of the Federal Internal Revenue Code of 1954 and as designated in compliance with §170 of that code at the time of application and prior to the release of funds. Arts organizations and history museums may apply.

4.2. A grant applicant shall also:

(a) Have received funding from the West Virginia Commission on the Arts (WVCA) in each of the previous three years. (Receipt of funding through a regranting program, including the Ohio River Border Initiative program, a Mini Grant or Peer Assistance Network advisory does not qualify toward meeting this requirement.) The West Virginia Commission on the Arts will consider requests for exemption from this requirement submitted in writing thirty days prior to the grant application deadline. The request must demonstrate, to the satisfaction of the West Virginia Commission on the Arts, the capacity of the applicant organization to fulfill the arts and administrative purposes and requirements of the project;

(b) Have satisfied the administrative requirements, including final reports, of grants received from the Commission.

4.3. A grant applicant shall submit:

4.3.1. A completed and signed Cultural Facilities and Capital Resources Grant Program Application Form, including any required attachments;

4.3.2. Proof of ownership of real property, option to purchase, or a long term lease with an un-expired period required for the type of project proposed;

4.3.3. Proof of undisturbed use;

4.3.4. If the applicant is not-for-Profit, tax-exempt West Virginia Corporation, a copy of the applicant organization's independent, certified audit or review for the most recent fiscal year;

4.3.5. If an applicant for a renovation or construction project, a feasibility study: An applicant for a new construction project shall submit an independently prepared feasibility study with the original application, and an executive summary of the feasibility study with each of the application copies. The new construction study shall be conducted by people or organizations possessing experience and expertise in architectural, socioeconomic, construction contracting, cultural, marketing, and financial analysis. The executive summary of the study should address information about the facility's use and projected programming including revenues, an analysis of operations, and a forecast budget analysis;

4.3.6. A feasibility study for renovations projects which may be conducted by the applicant and should consist of a discussion of the applicant's ability to complete the project and to implement the proposed programs for the completed project. The study should include the number and responsibilities of staff dedicated to the completion of the project and any new or expanded programs;

4.3.7. Proof that renovation and construction plans comply with Section 504 of the Federal Rehabilitation Act and the Americans with Disabilities Act (ADA) and regulations concerning access to public buildings for people with disabilities;

4.3.8. Proof that renovation and construction plans for facilities currently on the National Register of Historic Places comply with regulations governing renovation of historic places. Arts organizations planning renovations to buildings fifty years and older shall consult with the West Virginia Historic Preservation Office;

4.3.9. An 8 1/2 " x 11" reduction schematic of current architectural plans; and

4.3.10. The names of public and private persons and organizations supporting the project.

4.4. The project must have a Project Team established to be considered for funding. The Project Team must include the names and addresses of the architect, engineer, design consultants, and general contractor. Certification forms confirming the project status in the application shall be completed. At least the architect or engineer must have been selected at the time of application and shall sign the form. If the Project Team is "in house", the form shall be signed by the "in house" architect, designer, engineer, or contractor. If the project does not require an architect, the appropriate equivalent person shall sign the form.

4.5. A private individual or group or any for profit organization may not receive a grant under this program. In addition, public and private institutions of higher education are not eligible and any capital project receiving more than $3 million from any agency or department of state government during five years previous to the application is not eligible to receive a grant under this program.

W. Va. Code R. § 82-7-4