Simply put, our internal team of attorneys seek to guide public sector clients in answering questions such as, “Can I spend our ARPA money on X?” and, “Would it be legal for us to use our federal stimulus funds for Y?”

More broadly, our team provides efficient and timely regulatory compliance and eligible use-of-funds counsel to county, municipal and township clients. In 2020, we began serving dozens of local government units in Ohio regarding their intended uses of CARES Act – Coronavirus Relief Funds and ESSER payments, often on sharply compressed timetables. That experience carried into March 2021 with the passage of the American Rescue Plan Act (ARPA) and its State and Local Fiscal Recovery Funds, as set forth in Title IX, Subtitle M of the Act.

Since ARPA’s enactment and the U.S. Treasury’s publication of first the Interim Rule and then the Final Rule (31 C.F.R. Part 35) and its regularly updated Frequently Asked Questions, we handle client inquiries on a daily basis as to how to deploy these federal funds to address negative impacts of COVID-19, premium pay to essential workers, government services, and infrastructure projects specific to water, sewer, and broadband.

When requested by the client, Bricker’s ARPA guidance goes beyond the U.S. Treasury’s general guidance on eligibility to encompass the implementation of projects related to ARPA expenditures. Depending upon the nature of the project, this includes assistance in drafting authorizing resolutions, subgrant agreements, procurement and contracting compliance under the federal Uniform Guidance, and inter-governmental and other cooperative agreements. We also provide legal and administrative support with reporting obligations under ARPA, helping public entity clients with quarterly or annual ARPA reporting to the U.S. Treasury.