HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-110Temp. Reso. #12559
October 1, 2014
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014 10
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT
AWARD IN THE AMOUNT OF $25,000 FROM THE OUR
TOWN ARTS ENDOWMENT GRANT AWARD
PROGRAM; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT AN AGREEMENT BETWEEN
THE NATIONAL ENDOWMENT FOR THE ARTS (NEA)
AND THE CITY OF TAMARAC FOR GRANT FUNDING
IN THE AMOUNT OF $25,000 WITH A 1-TO-1 MATCH
OF $25,000 IN LOCAL FUNDS FOR DESIGN OF A
PUBLIC ART PROJECT AT SUNSET POINT PARK;
AUTHORIZING AN APPROPRIATION OF $25,000;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING. FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide its
residents and visitors a higher level of service by improving its environment and
enhancing the City's sense of place; and
WHEREAS, the National Endowment for the Arts (NEA), through the Our
Town Arts Endowment Grant Award Program, provides grants to local governments
that enhance communities and their sense of place through art design projects; and
WHEREAS, the City applied for and was awarded a 2014 Our Town Arts
Endowment Grant Award in the amount of $25,000 for design of a public art project
at Sunset Point Park as referenced in the August 19, 2014 correspondence attached
hereto as Exhibit A which is incorporated herein by this reference; and
Temp. Reso. #12559
October 1, 2014
Page 2
WHEREAS, the Our Town grant program requires and the City is willing to
provide a 1-to-1 match in the amount of $25,000 in local funds; and
WHEREAS, the
Director of Community Development
and Director of
Financial
Services recommend
acceptance of Our Town program
funds through
a grant
agreement between the NEA and the City of Tamarac; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to
be in the best interest of the residents and businesses of the City of Tamarac to
accept Our Town grant program funding for design of a public art project at Sunset
Point Park through a grant agreement with the NEA in the amount of $25,000 and
provide fora 1-to-1 match of $25,000 in local funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution. All Exhibits attached hereto and referenced herein are expressly
incorporated and made a specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac HEREBY accepts
the Our Town Arts Endowment Grant Award of $25,000 from the National
Endowment for the Arts (NEA).
Temp. Reso. #12559
October 1, 2014
Page 3
SECTION 3: The appropriate City Officials are HEREBY authorized to accept
the Our Town Arts Endowment Grant Award Program agreement between the City
of Tamarac and the NEA for grant funding in the amount of $25,000, providing a 1-
to-1 match of $25,000 in local funds, and is attached hereto as Exhibit B which is
incorporated herein by this reference.
SECTION 4: An appropriation in the amount of $25,000 is HEREBY approved
and will be included in Budget Amendment Number One in April 2015, pursuant to
F.S. 166.241(2).
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are
HEREBY repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part
or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 7: This Resolution shall become effective
adoption.
immediately upon
Temp. Reso. #12559
October 1, 2014
Page 4
PASSED, ADOPTED AND APPROVED this J0?- day of � , 2014.
ATTEST:
PATRICIA TEUFE
CITY CLERK
MC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
, /C�2rlJY�
SAMIJEL S. GOR
CITY ATTORNEY
HARRY DRESSLER
MAYOR
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Mr. Michael Cernech
Authorizing Official
City of Tamarac, Florida
7525 NW 88th Avenue
Tamarac, FL 33321-2401
Dear Mr. Cernech:
On behalf of the National Endowment for the Arta it is a pleasure to inform you that your organization
has been awarded a grant.
a
tee: City of Tamarac, Florida
QEgnt : 14- 4292- 7109 ,C r #: 45.024
Grant AMgunt:L $25,000 ,OutcgM.e: Livability
EedQd _Sudo, o�rt: September 1 1 2014 to August 31, 2018
i
Digg
i ine/PL raDesign - Our Town
Gran Pr i ct: To support the design of a new civic gathering place and a work of public art in
Sunset Point Park, which is adjacent to the Florida Everglades, as described in
your application (A14-953533) and the enclosed project budget.
Please review your award packet. A copy of the approved budget is included. if changes were made to
the budget they are noted at the bottom of the budget page.
Award materials are online at www.,arts.gov/manageaward. The General Terms & Conditions provide
detailed information concerning the NENs regulations and procedures, the administrative requirements
that apply to your grant, and your responsibilities as a grantee. Instructions for requesting grant funds
and reporting on your project are also here,
If you have any questions regarding the administrative requirements of this grant, our Grants &
Contracts Office staff will be happy to assist you. They may be reached at grants@arts.gov or (202)
682-5403. Congratulations on your grant award!
Sincerely,
Jane Chu
Chairman
Gra,0tee DUNS : 077270940
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400 7th Street., SW Washington DC 20506
.
NATIONAL ENDOWMENT FOR THE ARTS
APPROVED PROJECT BUDGET
Grantee: City of Tamarac, Florida
Grant #: 144292-7109 Application update/Revised Budget: 07/23/2014
1b1ME
Match Cash: $ 25,000
I n-Kind: $ 0 Total MATCH,* $ 25, 000
NEA GRANT: $ 25,000
TOTAL PROJECT INCOME: $ 50,000
EXPE
Direct Costs Salaries & Wages-, $ 0
Fringe: $ 0
Travel: $ 41004
Other: $ 45,000 Total DIRECT Costs: $ 50,000
INDIRECT costs: $ 0
TOTAL PROJECT EXPENSES: $ 50,000
IMPORTANT INFORMATION
You are responsible for reviewing the General Terms & Conditions for your award, which are available on our
website at . Failure to comply with these Terms may result in the disallowance of
project expenditures and/or the reduction or withdrawal of Arts Endowment support for your project.
• This budget is derived from your application, revised budget, and/or other communication. All costs must be
incurred within the period of support listed on your award letter. It is understood that this budget reflects estimated
expenditures and that a , allowable expenditures will be reported on all financial reports.
This grant must be snatched dollar for dollar (1 to 1) unless othenyise indicated in your grant award letter. Latch
must be nonfederal.
Certain unallowable costs may have been removed from your budget (see Budget Notes); these casts cannot be
supported with Federal ;gt;,.rnalgh ag fUnds and should not be included on future financial reports for this award
Expenditures on your project should be in general agreement with the line item costs outlined in this budget. Some
budget changes may require prior NEA approval (for example, adding foreign travel or indirect costs).
This budget cannot include overlapping project costs with any other direct Federal grant including awards made
directly by the NEA or another Federal Agency (e.g., N EH, HUD, etc.)
NEA funds that are sub -granted to you through a state or regional arts agency, or a local arts organization, cannot
be used as match on this award.
Proper documentation must be maintained for at casts in this budget, including all salaries charged, in whole or in
part, to this award.
• Proper documentation must be maintained for all in -kind contributions claimed.
AJI activities supported with NEA or matching funds, including perfarmanceltouring activities as well as publications,
websites, or other media projects, must be made accessible to people with disabilities in compliance with Section
504 and the ADA.
• Payments to foreign nationals and/or non -compliant travel to or from countries sanctioned by the U.S. Treasury
Departments Office of Foreign Asset Control are unallowable.
5/27/14
General Terms Condit'ions
for Grants and Cooperative Agreements
to Organizations
updated December 2012
Grants & Contracts Office
National Endowment for the Arts
400 7th Street, SW
Washington, DC 20506
Telephone (202) 682-5403
FAX (202) 682-5610 or 5609
gra nts @a rts. ov
f inaIreports@arts.Rov
www.arts.ov
Important Information
The General Terms & Conditions for Grants and Cooperative Agreements to Organizations (General
Terms) apply to all grants and cooperative agreements (also referred to as "awards" or "assistance
awards") that the National Endowment for the Arts (Arts Endowment or NEA) issues to nonprofit
organizations, institutions of higher education, units of state and local governments, and Federally -
recognized Indian Tribal governments.
These General Terms are based on the administrative requirements of the Office of Management and
Budget (OMB) Circular A-110 (2 CFR 215), the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and local Governments OMB Circular A-102 (2 CFR 230), and the
Federal laws, rules, regulations, and Executive Orders that apply to grants and cooperative
agreements. They also are based on the Arts Endowment's legislation, rules, regulations, and policies.
Award recipients must be familiar with and comply with these General Terms.
General information about your grant is available online at www.arts.gov/mVgrant. Award materials,
including payment request and report forms, and links to the OMB Circulars referenced throughout
the General Terms are available on our Web site at www.arts. ovZmanageaward.
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TABLE OF CONTENTS
Acceptance of an Arts Endowment Award
1. Your Responsibilities 4
2. Compliance with DUNS Number and SAM Requirements 4
3. Compliance with General Terms and Conditions and other Conditions 4
4. Acknowledgment of Arts Endowment Support and Disclaimer 4
Authorizing Official
5. Authorizing Official 5
Obtaining Award Funds
6. Requesting Payment 6
q g Y
If There Are Changes in Your Project
7. Award Amendments 7
8. Foreign Travel Requests 10
9. Return of Full or Unused Portion of an Award or Declining an Award 10
Termination and Remedies
10. Termination 11
Reporting Requirements
11. Reporting Requirements 12
Matching (or Cost Share) Requirements
12. Matching 13
13. Use of In Kind (Third -Party) Contributions for Matching Purposes 13
14. Use of Program Income 14
15. Inclusion of Indirect Costs as Allowed by aFederally-negotiated Agreement 14
Recordkeeping
16. Record Retention 15
17. Financial Management Standards: Maintaining Accounting Records 15
18. Procurement Standards 16
19. Personnel Activity Documentation (Documenting Salaries &Wages) 16
20. Equipment 16
21. Copyright 17
22. Library of Congress Cataloging in Publication 17
Audit Matters
23. A-133 Audit Requirements 17
24. Award Payment Confirmation for Audit Purposes 18
25. CFDA Numbers (Catalog of Federal Domestic Assistance) 18
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Office of Management and Budget (OMB) Circulars that Govern Your Award
26. Uniform Administrative Requirements 18
27. Cost Principles 19
National Policy and Other Legal Requirements, Statutes, and Regulations
that Govern Your Award
28. Nondiscrimination Policies 19
29. Environmental and Preservation Policies (NEPA and NHPA) 20
30. Other National Policies 21
a. Debarment and Suspension 21
b. Drug -Free Workplace Act 21
C. Lobbying 22
d. Davis -Bacon and Related Acts 22
e. Native American Graves Protection and Repatriation Act 23
f. U.S. Constitution Education Program 23
g. Arts Endowment Enabling Legislation 23
h. Prohibition on Use of Funds 23
Subgranting for State Arts Agencies, Regional Arts Organizations, and Designated Local Arts
Agencies
31. Subgranting 23
Questions?
32. Arts Endowment Staff 25
33. Accessibility Accommodations 25
Page 3 of 26
Acceptance of an Arts Endowment Award
1. Your Responsibilities
In accepting an Arts Endowment award, your organization assumes legal, financial, administrative,
and programmatic responsibility for administering the award in accordance with any provisions
included in the award; the laws, rules, regulations, and Executive Orders governing assistance awards;
and these General Terms, all of which are hereby incorporated into this award by reference. While
we may provide you with reminder notices regarding award requirements, the absence of receiving
such notice does not relieve you of your responsibility to meet all applicable award requirements.
In accepting an Arts Endowment award, you also give us the right to examine and copy records,
accounts, and other documents and sources of information related to your award, and permit us
access to facilities, personnel, and other individuals and information. as may be necessary.
Failure to comply with these requirements may result in suspension or termination of the award and
our recovery of funds. In addition, the United States has the right to seek judicial enforcement of
these obligations.
Lead members of consortia (for grants awarded for FY12 and earlier), Our Town lead partners, and
entities responsible for approved independent components are responsible for all aspects of the
award. Your organization must submit all payment requests, reports, and any amendment requests.
2. Compliance with the General Terms and any other Conditions
Submission of a Request for Advance or Reimbursement (payment request) form constitutes your
agreement to comply with all the terms and conditions of the award.
3. Compliance with the Requirement to have a Dun &Bradstreet (DUNS) Number and Active
Registration in the System for Award Management (SAM.gov)
Award recipients are required to maintain current information in the System for Award Management
(SAM.gov, previously known as CCR or the Central Contractor Registration), until an award is closed.
This includes renewing your organization's registration in SAM.gov at least annually after the initial
registration, and more frequently if required by changes in your information or another award term.
Note that in some cases you will need to update your information with Dun & Bradstreet before you
can complete your SAM.gov renewal.
4. Acknowledgment of Arts Endowment Support and Disclaimer
Acknowledgment of the National Endowment for the Arts must be prominently displayed in all
materials and announcements for your funded project. For print materials, a phrase acknowledging
support from the National Endowment for the Arts is a basic requirement. In addition, we encourage
you to use the agency's logo whenever possible.
Page 4 of 26
For radio or television broadcast, we require the following language: "This project is supported in
part by an award from the National Endowment for the Arts. Art Works." For television broadcast,
display of the Arts Endowment logo is required.
The logo is available atwww-a„rts.gov/manapeaward. We reserve the right to change the language of
the required acknowledgement of Arts Endowment support, as well as the right to disallow the use of
our logo and acknowledgment of our support.
For more guidance in planning your media campaign, please consult "Working with the Media
Toolkit" at www.arts.gov/manageaward/Working-with-the-Media-Toolkit.pdf. This toolkit provides
tips for reaching out to members of the press, using social media, and crafting a press release
announcing your NEA grant.
S. Authorizing Official.
An authorizing official is an official with the recipient organization who has authority to legally bind
the organization. For organizations that act as a lead member of a consortium (FY12 and earlier) or
are responsible for an approved independent component (e.g., a University and its art museum), the
authorizing official must work for the lead organization.
For purposes of administering this award, the following apply:
a. Grants.gov Application Form. Authorizing officials are designated on the Grants.gov application
form. This electronic "signature" is accepted if your application was submitted through Grants.gov
and the individual meets the definition above or the criteria noted in b., below for an authorizing
official. We reserve the right to request a "hard copy" signature (i.e., ink on paper) of an
organization's authorizing official, if necessary.
b. By Virtue of Position. The following are considered to be authorizing officials for this or any
award you may receive from the us, whether or not they are identified on an application:
• for nonprofit organizations (excluding colleges and universities): chairman or officer of the
board, president, executive director, chief financial officer (for financial matters), or individual
of similar rank
• for colleges and universities: chancellor, provost, president, trustee, director of sponsored
programs/research, or individual of similar rank
• for cities or municipalities, or departments thereof: mayor, city manager/ administrator,
designated department, agency, or office official, or individual of similar rank, or
• for states or departments thereof: governor or designated agency, department or office
official, or individual of similar rank
c. Arts Endowment Panelist and Council Member Conflicts. No panelist can review an application
from an organization with which he or she is affiliated. In addition, if a panelist later becomes
associated with a project that he or she reviewed, then he or she cannot act as an authorizing
official for that project. This prohibition is in effect throughout the entire period of support.
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Similarly, once an authorizing Official for an organization that is an applicant or grantee is
nominated to the National Council on the Arts, the authorizing official must recuse him/herself
from acting in this capacity for applications and grant actions, including payment requests.
d. Changes in or Additional Authorizing Officials. To designate other individuals as authorizing
officials for an NEA award, a current authorizing official may submit aletter or e-mail making such
a request to our Grants &Contracts Office (G&C). A Signature Authorization Form is also available
on our Web site for your use if you prefer. NOTE: Colleges and universities should follow these
procedures to delegate authority to a fiscal officer or other appropriate personnel to approve
payment requests and Federal Financial Reports.
Please let us know if someone is no longer serving as an authorizing official for your organization
and submit updated contact data for the new authorizing official.
Obtaining Award Funds
6. Requesting Payment. As noted in item 2, requesting payment constitutes your agreement to
comply with all the terms and conditions of the award.
a. Requests for Advance or Reimbursement. The Request for Advance or Reimbursement (payment
request) form, instructions, and video tutorial are available on our Web site
www.arts.gov/mana.Reaward. Payment requests must reflect allowable project -related expenses
already incurred (reimbursement) and/or expenses to be incurred within 30 days from the date
the authorizing official signs the request (advance). All costs must be incurred within the
approved period of support.
• Labor Assurance. You must comply with the labor standards set out in "29 CFR Part 505 Labor
Standards on Projects or Productions Assisted by Grants from the National Endowments for
the Arts and Humanities." This is required by the National Foundation on the Arts and the
Humanities Act of 1965, as amended (20 USC 951 et seq.). Read the "Assurances as to Labor
Standards" (page 2 of the payment request form) carefully. When you submit the payment
request form you are agreeing to these standards.
• Progress report. Generally, this information is only required the first time the cumulative
amount requested exceeds two-thirds of the award amount. The payment request form
includes space for your report.
IMPORTANT: Funds must be disbursed immediately upon receipt. If you cannot do so, you must
return the funds to the Arts Endowment. If interest is earned on advanced funds, please contact
the G&C Office. In addition, you may not request funds to cover expenditures incurred prior to
the beginning of the period of support (pre -award costs are unallowable).
b. Tracking Status of Grant Payments on www.arts.gov/mygrant. By entering your 10-digit grant
number, you can see when we received your payment request, when it was processed, and the
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amount paid. A payment history and the current balance on your award are also displayed. At this
time, cooperative agreement payment information is not available through this tool.
c. Payments through an Alternative Method of Funding. If you are currently on the working capital
advance, cost reimbursement, or certification method of payment, refer to the NEA's Inspector
General's guidelines available on our Web site at www.arts. ov about OIG Guidance.
d. Withholding Payments. Payment may be withheld any time you fail to comply with the terms and
conditions of this award. This includes failure to maintain a current SAM.gov registration.
Payment may also be withheld if you are not compliant on another NEA award. If we withhold
payment, but do not suspend or terminate the award, the payment(s) will be released once we
determine that you are in compliance.
e. Federal Debt Status. You may not be delinquent in the repayment of any Federal debt. Examples
of relevant debt include delinquent payroll or other taxes, audit disallowances, and benefits that
were overpaid (OMB Circular A-129). You must notify us immediately if you become delinquent
during your project period. We cannot release your award funds until you provide documentation
showing a repayment plan has been accepted by the Internal Revenue Service and payments have
been made.
If there are Changes in Your Project
7. Award Amendments
You are required to carry out a project consistent with the application or proposal approved for
funding by the Arts Endowment. As soon as you know that changes are necessary, and before
implementation, you must submit a written request to G&C for approval. Requests submitted to
other Arts Endowment offices often result in a delayed response.
Each request must be submitted by a current authorizing official and include:
• 10-digit grant number (or DCA number for a cooperative agreement)
• specific change(s) requested (for types of amendments, see below)
• justification for the change(s)
• revised project budget, if applicable, and
• contact information, including a phone number, fax number and e-mail address
We reserve the right to request additional information, such as an update on specific project
activities, or an itemized list of actual expenditures to date, as needed. In addition, if your
organization is undergoing an audit by the Arts Endowment's Inspector General's office, amendments
of the award(s) in question will not be approved independent of the audit resolution process.
Amendment requests are considered on a case -by -case basis; approval is not guaranteed. Until you
receive written approval from G&C, you may only incur costs consistent with the- terms and
conditions of the award in effect at the time of your request.
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a. Period of Support Extensions (Time Amendments). All project activities and the commitment of
project funds must take place within the period of support set out in your award document. As
soon as you become aware that your project cannot be completed on schedule, you must request
a time amendment following the procedures outlined above. Requests submitted after the
current end date of your award, or requests to extend the total period of support beyond four
years, might not be approved.
b. Liquidation of Obligations. You arealso responsible for ensuring that all obligations incurred
under an award are liquidated (paid) within 90 days after the end of the period of support, which
also coincides with the submission of the Federal Financial Report. If all obligations cannot be
liquidated within the 90 days, a time amendment must be requested.
c. Changes in Project Scope. Project activities must be consistent with those approved for funding
by the Arts Endowment. Contact G&C immediately if you want to make changes to the projector
its objectives as originally proposed in your application or as revised during the Tentative Funding
Recommendation/Application Update process. Examples of scope changes include:
• changes from artists confirmed in your application (see below)
• changing from a production of "Hamlet" to anew commission for a comedy
• replacing an art exhibition with an online blog or app
• replacing a concert series on Mozart with a Film Festival on John Cage
• engaging with different target audiences, if that was a major focus of your application
• adding a component to a project that was not part of the original proposal, or removing a
component that was a significant part of your project
• changes in venue
You must request a scope amendment following the procedures outlined above. Requests
submitted after the fact might not be approved.
d. Changes in Artists: If changes in artists or arts organizations identified in your application or
proposal are necessary, you must request an amendment following the procedures Outlined
above. Include a short biography or description of the new artists or arts organizations proposed.
Requests submitted after the fact might not be approved. Prior approval is waived for changes in
other key persons (e.g., executive or managing directors), as outlined in OMB Circular A-110 (2
CFR 215), Section 25 or the "Common Rule," Section 1157.30, unless your award specifies
otherwise.
e. Consortium Member Changes (Grants for Arts Projects and Art Works awards made specifically
as consortia grants for FY12 and earlier) and Changes in Partners for Our Town Grantees. If
changes to a consortium member or an Our Town grantee partner are necessary, you must seek
written approval from the NEA before any changes are made, following the procedures outlined
above. In addition, you must also provide:
• written concurrence from the consortium member or Our Town partner dropping out of the
project,
• a new Consortium Partner Information form for the new member or partner, and
Page 8 of 26
• a signed letter of commitment from the new consortium member or partner that describes
their involvement in the project.
Requests submitted after the fact might not be approved.
f. Budget Revisions. Your award package includes an approved project budget that reflects the
information contained in your application or proposal and any revisions made at your request or
by us in order to bring it into compliance with our guidelines and applicable Federal regulations.
All costs must be incurred within the project period specified in the award document or an
approved amendment. The budget cannot include overlapping costs (e.g., share any costs) with
any other Federal award.
These minor changes in the project budget do not require written approval from us:
• transfers among direct cost line items
• allocation of Arts Endowment funds among approved project costs
• elimination or addition of an allowable project cost that does not affect the scope of the
award. See the Cost Principles under "Office of Management and Budget (OMB) Circulars that
Govern Your Award" section
These significant changes in the project budget require prior written approval from us:
• budget changes due to a change in the scope of the Arts Endowment -supported project
• adding permanent equipment, foreign travel, or indirect costs (allowable under a federally -
negotiated rate)
• request to increase the Arts Endowment award amount
Requests for significant budget changes must include the information outlined above. Requests
submitted after the fact might not be approved.
g. Matching. We will not waive minimum matching requirements except under the most unusual
circumstances. Such requests must be accompanied by a new budget that reflects the revised
commitment to the project. Requests submitted after the fact might not be approved. NOTE: For
Save America's Treasures grants, matching requirements will not be waived.
h. Final Reports Filing Extensions. You must fulfill all final reporting requirements within 90 days
after the project period end date. If your project is completed but you need additional time to
submit the required Final Reports and/or product, you may ask for an extension on filing the Final
Reports. Follow the procedure outlined. Requests submitted after the final report due date might
not be approved. Failure to submit a timely request may jeopardize future Arts Endowment
funding.
Page 9 of 26
8. Foreign Travel Requests
a. Foreign travel is defined in the OMB Circulars as any travel outside Canada, Mexico, the United
States (U.S.), and its territories and possessions. G&C must give written approval for all foreign
travel not identified in your application or revised budget before travel is undertaken.
PLEASE NOTE: While travel requests to Mexico and Canada that are project related, allocable,
and allowable do not require prior written approval from the Arts Endowment before being
undertaken, the Fly America Act does apply. Please see b. for more information.
b. According to the
Fly America Act, any air travel
(inclusive of persons
or property) paid
in whole or
in part with
Arts
Endowment
funds
must
be on
a U.S. air carrier or a
foreign air carrier
under
an
air transport agreement with the United States when these services are available. For the Fly
America Act, the United States means the 50 States, the District of Columbia, and the territories
and possessions of the United States. U.S. air carrier service is considered available even when a
foreign air carrier can provide a comparable or different kind of service at less cost and/or foreign
air carrier service is preferred by, or is more convenient for, the traveler.
U.S. air carrier service is considered to be unavailable only under the following conditions:
i. The traveler's origin or destination airport is a gateway airport abroad (i.e., the airport from
which the traveler last embarks en route to the United States or at which the individual first
arrives when traveling from the United States), and the use of a U.S. air carrier would increase
travel time by at least 24 hours over travel by a foreign air carrier.
ii. When a traveler while en route must transfer to another flight, and the use of a U.S. air carrier
would extend travel time at least six hours over travel by a foreign air carrier.
iii. When travel time on a scheduled flight by a foreign air carrier is three hours or less, and
service by a U.S. air carrier would involve twice as much travel time.
iv. When travel is between two points outside the U.S. and the use of a foreign air carrier would
eliminate two or more aircraft changes en route.
If you discover that service on a U.S. air carrier or a foreign air carrier under an air transport
agreement with the United States is unavailable, you must request an exception in writing from
G&C before travel is undertaken.
9. Return of Full or Unused Portion of an Award or Declining an Award
If you cannot carry out the project, or cannot use the entire award amount, you must notify G&C in
writing. Your letter should include:
• the 10-digit grant number (or DCA number for a cooperative agreement),
• an explanation for the return of the funds,
• contact information, including a phone number, fax number and e-mail address,
• the approval of an authorizing official, and
• if returning funds, a check in the correct amount payable to the National Endowment for the
Arts (include the award number on the memo line).
Page 10 of 26
If you have expended any of the NEA's funds for the project, you are still responsible for submitting
your Final Reports by their due date.
If you are declining the award and have not drawn down any funds, your letter should include:
• the 10-digit grant number (or DCA number for a cooperative agreement),
• an explanation,
• contact information, including a phone number, fax number and e-mail address, and
• the approval of an authorizing official.
Termination and Remedies
10. Termination
There are circumstances under which we may determine that it is in the best interest of the
government to terminate an award. OMB Circular A-110 (2 CFR 215), Sections 61 & 62, and the
"Common Rule," Sections 1157.43 and .44, respectively, provide uniform termination procedures for
Federal awards. Grants and cooperative agreements may be terminated in whole or in part.
a. For Convenience:
• By you upon sending us written notification with the reasons for the termination, the effective
date, and in the case of partial termination, the portion of the project to be terminated.
Withdrawals are considered terminations for convenience.
• By us with your consent, in which case we will agree upon termination conditions, including
the effective date and, in the case of partial termination, the portion of the project to be
terminated.
However, if we determine that the reduced or modified portion of the award will not accomplish
the purposes for which it was made, we may terminate the award in its entirety.
b. For Cause by us if you materially fail to comply with the terms and conditions of an award.
In either case, this may result in our taking additional actions such as requiring you to return a portion
or all of the award funds, requesting that you remove acknowledgement of Arts Endowment support,
recommending government -wide suspension, or taking other legally available remedies.
In addition, termination may occur as described in 2 CFR Part 175, which has been amended to
address paragraph (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA).. as
amended (22 USC 7104(g)).
Page 11 of 26
Reporting Requirements
11. Reporting Requirements
Your grant package includes a blue Reporting Requirements document, which outlines the reporting
requirements for your award. Cooperative Agreements include reporting requirements and delivery
schedule instructions within the agreement. We may request additional information as necessary.
Instructions and report forms are on our Web site.
a. Progress Reports. A progress report is generally required once the cumulative amount of funds
requested exceeds two-thirds of the award amount. Specific instructions for submitting your
progress report are in your Reporting Requirements document and on the payment request
instructions.
b. Special Reporting Requirements. We may require you to submit certain information before funds
can be released e.g., verification of compliance with NEPA/NHPA requirements, a signed
contract, copyright release, an itemized list of actual expenditures to date, etc.) or at other times
during the project. Instructions will be included in your award package when applicable.
c. Final Reports. A
Final Report package including the Final
Descriptive Report
(FDR), the Federal
Financial
Report
(FFR), and
any required
final
product(s)
must
be submitted
no
later than
90 days
after the project period end date.
As of FY12 (award numbers beginning 12- or 2012- )., final reports must be submitted
electronically to finalreports@arts.gov. Refer to the Reporting Requirements document in your
award package, or to the appropriate section in your cooperative agreement for more
information.
Carefully review your Final Reporting Requirements and the FDR form to determine the narrative
information required. All questions must be addressed and statistical and geographic data
entered. On the FFR you must verify that the project for which Arts Endowment funds were
awarded has been carried out and that the matching requirement, if any, has been met.
d. Tracking Status of Final Reports on www.arts.gav/mvprant. By entering your grant number, you
can see when your final reports are due and if a product is required. You can also see if we
received them. This tool is only available for grants.
e. Failure to submit the required Final Reports for any award(s) renders you ineligible to receive
funding for five years following the final report due date of the award(s) or until the delinquent
final reports are submitted, whichever occurs first. Acceptability of final reports may also affect
eligibility for new awards. In addition, failure to submit required final reports within 210 days
after the project period end date will result in the withdrawal of any funds remaining on that
award.
Page 12 of 26
Matching (or Cost Share) Requirements
12. Matching
Unless otherwise stated in your grant award document or cooperative agreement, Arts Endowment
funds may not exceed 50 percent of the total cost of the Arts Endowment -supported project (i.e.,
funds must be matched one-to-one, or "dollar for dollar"). This required match, or "cost share,"
refers to the portion of project costs not paid by Federal funds.
The Federal Financial Report (FFR) is used to verify that the required match has been met. Ensure that
the amounts reported on your FFR are based on actual allowable project expenditures and can be
easily reconciled to your accounting records. Unallowable costs, such as fundraising or receptions
(see the Cost Principles - 2 CFR 230, 2 CFR 220, and 2 CFR 225), cannot be included in your reported
numbers.
Ineligible Matching Resources. The following items are not eligible as match.
• Other Federal funds, including NEA funds. This includes Federal funds that have been subgranted
or disbursed to you from your State Arts Agency or another grantor and clearly identified as such.
It is your State Arts Agency's (or other grantor's) responsibility to inform you if any portion of
their award to you is a direct flow -through from a Federal agency.
• Resources that have been used to match another Arts Endowment award or other Federal
program(s).
• Contributions or gifts transferred to your organization that are restricted and cannot be used to
support the project.
• Gifts (testamentary or otherwise) which are not available to your organization during the project
period.
13. Use of In -kind (or Third -Party) Contributions for Matching Purposes
If you include in -kind, third -party (i.e., not your own) contributions as part of your match, they must
also be included as direct costs in your project budget and reflected as such in your accounting
records. Volunteer services and donated property or space must be documented and their value
determined according to the principles set out below.
a. Volunteer services provided to you by professional and -technical personnel, consultants, and
other skilled and unskilled labor may be used as match if the service is integral to the approved
project. Volunteer services must be valued at rates consistent with those paid for similar work
within your organization. If you do not have employees performing similar work, the rates must
be consistent with those paid by other employers for similar work in the same labor market. In
either case, a reasonable amount of fringe benefits may be included in the valuation.
b. When a third -party employer furnishes the services of an employee, these services must be
valued at the employee's regular rate of pay (plus a reasonable amount of fringe benefits),
provided these services involve the same skills for which the employee is normally paid.
Page 13 of 26
c. The value of donated equipment must not exceed the fair market value of equipment of the
same age and condition at the time of donation. The value of loaned equipment cannot exceed its
fair rental value.
d. The value of donated space must not exceed the fair rental value of comparable space as
established by an independent appraisal of comparable space and facilities in a privately owned
building in the same locality.
e. The value of donated supplies or other expendable property should be reasonable and should not
exceed the fair market value of the property at the time of donation.
NOTE: A sample format for documenting in -kind contributions is on our Web site at
www.arts.gov/manageaward.
14. Use of Program Income
Income earned during the period of support that results from activities supported through an Arts
Endowment award is considered to be program income. These earnings can include, but are not
limited to, income from fees for services, admission fees, or the use or rental of real or personal
property. Program income may be used as part of the match for an award, for additional costs of the
Arts Endowment -supported project, or for other eligible projects in the arts conducted by the
recipient.
15. Inclusion of Indirect Costs as Allowed by a Negotiated Agreement with a Federal Agency
The following applies
only to those
recipients
who have indirect costs (or facilities and administrative
costs
for colleges
and
universities)
included
in
their
NEA-approved
project
budget.
Indirect costs are calculated using a rate that has been negotiated with a Federal agency. These costs
are allowable and the recipient may use the corresponding amount to meet matching requirements.
The Arts Endowment supports very few research awards; therefore "other sponsored projects" or
"instruction" indirect cost rates are usually the only rates accepted.
a. Closing out your award. Generally, the NEA will not close out an award with a provisional indirect
cost rate. NEA funds may also be held until a final indirect cost rate covering the award period of
support is provided. (Nov. 2013)
b. Expiration of indirect cost rate.
1) If indirect costs in your approved project budget were based on a recently expired rate
agreement, a proposal must be submitted to your cognizant Federal agency immediately after
you receive notification of an award or within three months after the start date of the period
of support. Otherwise, a revised budget may be required.
A negotiated rate lower than the rate included in the project budget or failure to negotiate a
rate by the end of the period of support may result in decreased Federal support if the total
Page 14 of 26
non -Federal costs applied toward your Arts Endowment project do not satisfy the award's
matching requirement.
2) If your final or predetermined rate expires during the period of support, you must submit a
new indirect cost rate proposal to your cognizant Federal agency in time for the rate to be
renegotiated before the end of the period of support, unless your institution is governed by
OMB Circular A-21(2 CFR 220). If the negotiated rate exceeds the rate specified in the
approved project budget, the use of a higher rate is subject to the limitations set forth in OMB
Circulars A-21(2 CFR 220), A-87 (2 CFR 225), or A-122 (2 CFR 230), as applicable. In no event
will additional Federal funds be awarded to support an increase in indirect costs.
Recordkeeping
16. Record Retention
You must maintain financial records, supporting documents (such as cancelled checks, invoices,
contracts, travel reports, donor letters, in -kind contribution reports, and personnel activity reports),
statistical records, and all other records pertinent to an award according to the provisions outlined in
OMB Circular A-110 (2 CFR 215), Section 53, or the "Common Rule," Section 1157.42, as applicable.
Generally, the retention period is three years from the date the final FFR is filed.
During the project period and the subsequent three-year retention period, the NEA's Inspector
General, the Comptroller General of the United States, or any of our duly authorized representatives
has the right to request additional information, and timely and unrestricted access to project records
in order to audit, examine, excerpt, transcribe or copy them. This includes timely and reasonable
access to the recipient's personnel and facilities for the purpose of interview and discussion related to
the records. The rights of access in this paragraph are not limited to the required retention period,
but shall last as long as records are retained. (A-110 Subpart C _.53 as noted above)
17. Financial Management Standards: Maintaining Accounting Records
There can be no overlapping project costs between Federal awards. Therefore, separate accounting
records must be maintained for each award. OMB Circular A-110 (2 CFR 215) , Section 21, and the
"Common Rule," Section 1157.20, as applicable, establishes standards for financial management
systems of recipients (e.g., accounting systems, internal controls, allowable costs, cash management,
etc.). The financial management systems of recipient organizations and their subrecipients must meet
these standards.
The NEA's Inspector General has prepared two publications, "Financial Management Guide for
Nonprofit Organizations" and "Financial Management Guide for State and local Governments," that
contain practical information on what is expected in terms of fiscal responsibility. These publications
can be found at www.arts.Rov/about/OIGZContents.
Page 15 of 26
18. Procurement Standards
OMB Circular A-110 (2 CFR 215), Section 40, and the "Common Rule," Section 1157.30, as applicable,
establish standards for procurement. You must have standards to ensure that materials and services
acquired under Federal awards are obtained in an effective manner and in compliance with the
provisions of applicable Federal statutes and Executive orders.
Written procedures should include, among other things, determining economical approaches,
providing for competition, dealing with conflict of interest, efforts to use minority, women -owned
and small businesses, and maintaining records sufficient to detail the procurement process. In
addition, you should have written procedures to ensure that contractors or recipients are not
debarred or suspended prior to the payment or award of Federal funds (2 CFR part 180 Subpart Q
(01G).
19. Personnel Activity Documentation (Documenting Salaries &Wages)
OMB Circulars require that compensation for personnel services charged to Federal awards be
properly documented. Please refer to the applicable cost principles for the specific documentation
that must be maintained.
The NEA requires officially -approved personnel activity reports (also known as "time and effort"
reports) for any employee whose salary is charged, in whole or in part, to either the award or the
matching funds if:
• your award is $50,000 or greater, or
• you are on an alternative method of funding (as noted in your award document or the
Inspector General's audit follow-up report).
Sample formats for allocating a person's time to a project are provided on our Web site. However,
you may choose any format appropriate to your scale of operations. Reports must be prepared at
least monthly and must coincide with one or more pay periods. Although you generally are not
required to submit these to us, we reserve the right to request copies.
Even if you are not required to maintain officially -approved personnel activity reports as outlined
above, you are still required to keep other appropriate records (e.g., payroll records, in -kind
documentation, etc.) verifying the salary or wage costs attributed to the Federal or matching funds. If
you are audited and do not have this documentation, the costs will be disallowed. This may result in a
decrease in your award amount and/or funds will need to be returned to us.
20. Equipment
Equipment is defined as an article of tangible, nonexpendable, personal property having a useful life
of more than one year that costs $5.,000 or more. Before purchasing equipment not identified in the
approved project budget, you must obtain written approval from G&C (see Section 7 "Award
Amendments"). You are encouraged, whenever possible, to purchase American -made equipment in
accordance with the "Buy American Act" (41 USC 10a-10c).
Page 16 of 26
Unless otherwise specified, you will have title to equipment commissioned, purchased, or fabricated
under the award, without further obligation to the Federal government, provided that it will be used
for activities similar to those approved by the Arts Endowment. We reserve the right to stipulate at
the time of the award specific instructions for disposition of the equipment when you no longer need
it (e.g., a transfer of title to the Federal government or a third party).
You also have title to artwork purchased under the Arts Endowment award, without further
obligation to the Federal government, provided that it will be used for similar activities. One example
of similar activity is selling the work to another museum or visual art center with the intention that it
will be available to the public. It may not be de -accessioned to a private collector where it would no
longer be on view to the public.
21. Copyright
You may arrange to copyright any materials you develop from the work undertaken during the period
of support without prior approval from us. For procedural information, contact the U.S. Copyright
Office, Library of Congress, www.copyripht.gov.
Unless otherwise specified in the award, we are not entitled to receive royalties from work supported
or made possible by a grant or cooperative agreement; however, we retain a royalty -free right to use
such work for Federal government purposes (e.g., the use of final report final products to document
the results of our award programs), including placement on our Web site.
22. Library of Congress Cataloging in Publication Data
We strongly recommend that any publication that results from this award be cataloged by the
Cataloging in Publication Program of the Library of Congress before final printing. This method of
cataloging enables libraries to acquire and process books quickly. Publishers ineligible for this
program may be eligible for the Library's Preassigned Control Number Program. Entering these titles
in a national bibliographic database leads to greater dissemination of publications. For procedural
information, contact the Library of Congress, http://www.loc.gov/publish/cip/.
Audit Matters
23. A-133 Audit Requirements
OMB Circular A-133, "Audits of States, Local Governments and Nonprofit Organizations," includes
specific guidance for conducting financial and compliance audits. The threshold for requiring an A-133
audit is $500,000 in yearly expenditures of Federal funds. This amount is the aggregate of funds from
all Federal sources.
OMB Circular A-133 and the yearly compliance supplements are available online at
www.whitehouse.govlomblgrants circulars. If you have questions, contact the Office of Inspector
General at (202) 682-5402 or o1g2arts.gov.
Page 17 of 26
24. Award Payment Confirmation for Audit Purposes
Your auditor may contact the NEA's Finance Office for confirmation of the exact amount of funds
received from us. Your requests must include the legal name of your organization and the grant or
cooperative agreement number(s); otherwise, the Finance Office will not be able to process your
request. Requests should be sent via:
• E-mail to NEAFinance@arts._ov (preferred), with the subject line "Grant Award Confirmation
Request," or
e Fax to (202) 682-5679, or
• Mail via an alternative delivery service to,
Finance Office
National Endowment for the Arts, Rm 624
1100 Pennsylvania Avenue, NW
Washington, DC 20506-0001
25. CFDA Numbers (Catalog of Federal Domestic Assistance)
The CFDA tracks award programs in the Federal government and assigns each a specific number.
CFDA numbers are included on your award document:
• 45.024 Awards to Organizations and Individuals
• 45.025 Partnership Agreements
• 45.201Arts & Artifacts Indemnity
Office of Management and Budget (OMB) Circulars that Govern Your Award
26. Uniform Administrative Requirements
Nonprofit organizations, colleges, and universities are subject to the provisions of OMB Circular A-110
(2 CFR 215) ("Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Nonprofit Organizations"), as amended. Units of State and
local governments and Federally -recognized Indian Tribal governments are subject to the
administrative requirements codified by the Arts Endowment at 45 Code of Federal Regulations (CFR)
Part 1157 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments" ("Common Rule"). Both are available at
www.whitehouse.p,ov/omb/circulars default .
The "Uniform Administrative Requirements" establish administrative standards to ensure consistency
among recipients of Federal awards. These include financial and program management, property and
procurement standards, cost sharing or matching, and reporting and record retention. These
requirements, as applicable, are hereby incorporated into this award.
Page 18 of 26
27. Cost Principles
The allowable costs for work performed under an Arts Endowment award shall be determined in
accordance with the applicable Federal cost principles and the terms and conditions of the award.
The following OMB Circulars set forth the Federal cost principles that, in general, apply to our
recipients. They are available www.whitehouse.gov/omblgrants defaultZ These cost principles, as
applicable, are hereby incorporated into this award:
a. OMB Circular A-122 (2 CFR 230), "Cost Principles for Nonprofit Organizations," as amended:
nonprofit organizations, exclusive of institutions of higher education;
b. OMB Circular A-21(2 CFR 220), "Cost Principles for Educational Institutions," as amended: public
and private institutions of higher education;
c. OMB Circular A-87 (2 CFR 225), "Cost Principles for State and Local Governments," as amended:
State, local and Federally recognized Indian tribal governments; and
d. Federal Acquisition Regulation (FAR) at 48 CFR Part 31 for commercial organizations, individuals,
and those nonprofit organizations listed in Attachment C to OMB Circular A-122 (2 CFR 230). The
FAR is available online at www.acguisition.gov/Far/
National Policy and Other Legal Requirements, Statutes, and Regulations that Govern Your
Award
28. Nondiscrimination Policies. As a condition of receipt of Federal financial assistance, you agree to
execute your project (e.g., productions, workshops, programs, etc.) in compliance with applicable
provisions of national laws and policies prohibiting discrimination, including but not limited to the
following.
a. Title VI of the Civil Rights Act of 1964, as amended, provides that no person in the United States
shall, on the grounds of race, color, or national origin, be excluded from participation in, be
denied benefits of, or be subject to discrimination under any program or activity receiving Federal
financial assistance. Title VI also extends protection to persons with limited English proficiency.
(42 USC 2000d et seq.)
• As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, national origin discrimination includes discrimination on the basis of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs. Meaningful access
may entail providing language assistance services, including oral and written translation,
where necessary. You are encouraged to consider the need for language services for LEP
persons in conducting your programs and activities. For assistance and information go to
www.lep.gov.
b. Title IX of the Education Amendments of 1972 provides that no person in the United States shall,
on the basis of sex or blindness, be excluded from participation in, be denied benefits of, or be
Page 19 of 26
subject to discrimination under any education program or activity receiving Federal financial
assistance. (20 USC 1681 and 1684 et seq.)
c. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with
a disability in the United States, shall, solely by reason of his/her disability, be excluded from
participation in, be denied benefits of, or be subject to discrimination under any program or
activity receiving Federal financial assistance. (29 USC 794)
Section 504 - Self -Evaluation and Additional Resources.
• A Section 504 self -evaluation must be on file at your organization. For each award, review the
evaluation to ensure that it is still accurate, that your organization is still in compliance, and
that the activity supported by the Arts Endowment will be in compliance. The lack of a Section
504 self -evaluation is one of the most common findings referenced by our Inspector General
when conducting an audit or review of our award recipients. We have developed a 504 Self
Evaluation Workbook (which covers programs, activities and facilities) that you may use to
determine if you are in compliance with Section 504 requirements. If you have not previously
conducted this self -evaluation or wish to update the results of previously conducted
evaluations, you may obtain the Workbook on our Web site at
www.arts. ov about 504Workbook. Or you may request a hard copy, free of charge, from
the N EA's Off ice of Civi I Rights at (202) 682-5454.
• Design for Accessibility: ACultural Administrator's Handbook provides guidance on making
access an integral part of an organization's staffing, mission, budget, and programs. This
Handbook and other resources may be downloaded from the Arts Endowment's Web site at
www.arts.govIresourcesZAccessibil it . If you have questions, contact the Office of
Accessibility at accessibility@arts.gov; (202) 682-5733; FAX (202) 682-5715; or TTY (202) 682-
5496. You may purchase print copies of the Handbook from the National Assembly of State
Arts Agencies, (202) 347-6352 or www.nasaa-arts.org.
d. The Age Discrimination Act of 1975 provides that no person in the United States shall, on the
basis of age, be excluded from participation in, be denied benefits of, or be subject to
discrimination under any program or activity receiving Federal financial* assistance. (42 USC 6101
et seq.)
e. The Americans with Disabilities Act of 1990 (ADA), as amended, prohibits discrimination on the
basis of disability in employment (Title I); State and local government services (Title II); and,
places of public accommodation and commercial facilities (Title III). (42 USC 12101-12213)
29. Environmental and Preservation Policies
a. The National Environmental Policy Act of 1969 (NEPA), as amended, applies to any Federal funds
that would support an activity that may have environmental implications. We may ask you to
respond to specific questions or provide additional information in accordance with the Act. If
there are environmental implications, we will determine whether a categorical exclusion may
Page 20 of 26
apply; to undertake an
environmental
assessment;
or, to issue a "finding of no significant impact,"
pursuant
to applicable
regulations
and
42
USC Sec.
4332.
b. The National Historic Preservation Act of 1966 (NHPA), as amended, applies to any Federal funds
that would support either the. planning or major renovation of any structure eligible for or on the
National Register of Historic Places, in accordance with Section 106. This law also applies to
project activities, such as new construction, that would affect such properties. We will consult
with your State Historic Preservation Officer, as appropriate, to determine the impact of your plan
or renovation on the structure or any affected properties. Any change in your design, renovation,
or construction plans must be submitted to us for review and approval prior to undertaking any of
the proposed changes. You may be asked to provide additional information on your project to
ensure compliance with the Act. (16 USC 470)
30. other National Policies
a. Debarment and Suspension. You must comply with requirements regarding debarment and
suspension in Subpart C of 2 CFR part 180, as adopted by the Arts Endowment in Title 2 CFR,
Chapter 32, Part 3254.
There are circumstances under which we may receive information concerning your fitness to
carry out a project and administer Federal funds, such as:
• Conviction of, or a civil judgment for, the commission of fraud, embezzlement, theft, forgery,
making false statements
• Any other offense indicating a lack of business integrity or business honesty that seriously and
directly affects your present responsibility
• Any other cause of so serious or compelling a nature that it affects an organization's present
responsibility.
In these circumstances, we may need to act quickly to protect the interest of the government by
suspending your funding while we undertake an investigation of the specific facts. We may
coordinate our suspension actions with other Federal agencies that have an interest in our
findings. A suspension may result in your debarment from receiving Federal funding government -
wide for up to three years.
b. The Drug Free Workplace Act requires you to publish a statement about your drug -free
workplace program. You must give a copy of this statement to each employee (including
consultants and temporary personnel) who will be involved in award -supported activities at any
site where these activities will be carried out.
You must maintain on file the place(s) where work is being performed under this award (i.e.,
street address, city, state, and zip code). You must notify the Arts Endowment's G&C of any
employee convicted of a violation of a criminal drug statute that occurs in the workplace. (41 USC
701 et seq. and 45 CFR Part 1155)
Page 21 of 26
c. lobbying. You may not conduct political lobbying, as defined in the statutes, regulations and OMB
Circulars listed below, within your Federally -supported project. In addition, you may not use
Federal funds for lobbying specifically to obtain awards. For definitions and other information on
these restrictions, refer to the following:
(1) No part of the money appropriated by any enactment of Congress shall, in the absence of
express authorization by Congress, be used directly or indirectly to pay for any personal
service, advertisement, telegram, telephone, letter, printed or written matter, or other
device, intended or designed to influence in any manner a Member of Congress, a jurisdiction,
or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any
legislation, law, ratification, policy, or appropriation, whether before or after the introduction
of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or
appropriation; but this shall not prevent officers or employees of the United States or of its
departments or agencies from communicating to any such Member or official, at his request,
or to Congress or such official, through the proper official channels, requests for any
legislation, law, ratification, policy, or appropriations which they deem necessary for the
efficient conduct of the public business, or from making any communication whose
prohibition by this section might, in the opinion of the Attorney General, violate the
Constitution or interfere with the conduct of foreign policy, counter -intelligence, intelligence,
or national security activities. (18 USC § 1913. Lobbying with appropriated moneys)
(2) OMB Circular A-122 (2 CFR 230) — "Lobbying" Revision clarifies that lobbying is an unallowable
project cost. The Circular generally defines lobbying as conduct intended to influence the
outcome of elections or to influence elected officials regarding pending legislation, either
directly or through specific lobbying appeals to the public. You should review carefully both
this Circular and Circular A-110 (2 CFR 215).
(3) Certification Regarding Lobbying to Obtain Awards. Section 319 of Public Law 101-121,
codified at 31 USC Sec. 1352, prohibits the use of Federal funds in lobbying members and
employees of Congress, as well as employees of Federal agencies, with respect to the award
or amendment of any Federal grant, cooperative agreement, contract, or loan. While non -
Federal funds may be used for such activities, they may not be included in your project
budget, and their use must be disclosed to the awarding Federal agency. Disclosure of
lobbying activities by long-term employees (employed or expected to be employed for more
than 130 days) is, however, not required. In addition, the law exempts from definition of
lobbying certain professional and technical services by applicants and awardees.
We
strongly advise you to
review these
regulations carefully. They are published at 45 CFR 1158,
and
can
be
found
at www.,gpo.,qovZfdsysZ.
-r r rrrr r
� rrrrr-rr�rr�
d. Davis -Bacon and Related. Acts (DBRA), as amended, requires that each contract over $2,000 to
which the United States is a party for the construction, alteration, or repair of public buildings or
public works (these activities include, but are not limited to, painting, decorating, altering,
remodeling, installing pieces fabricated off -site, and furnishing supplies or equipment for a work -
site) must contain a clause setting forth the minimum wages to be paid to laborers and mechanics
employed under the contract. Under the provisions of DBRA, contractors or their subcontractors
Page 22 of 26
must pay workers who qualify under DBRA no less than the locally prevailing wages and fringe
benefits paid on projects of a similar character.
Information about the laborers and projects that fall under DBRA can be found in the Department
of Labor's (DOL)Compliance Guide at ,www dol,. g ov/compIiance/., guide/dbra.htm. DBRA wage
determinations are to be used in accordance with the provisions of Regulations, 2_FR„Part 1,
Part 3,, and Part 5 and with DOL's Compliance Guide. The provisions of DBRA apply within the 50
states, territories, protectorates, and Native American nations (if the labor is completed by non -
tribal laborers).
e. The Native American Graves Protection and Repatriation Act of 1990 applies to any organization
that controls or possesses Native American human remains and associated funerary objects and
receives Federal funding, even for a purpose unrelated to the Act. (25 USC 3001 et seq.)
f. U.S. Constitution Education Program. Educational institutions (including but not limited to "local
educational agencies" and "institutions of higher education") receiving Federal funds from any
agency are required to provide an educational program on the U.S. Constitution on September 17
(PL 108-447, Division J, Sec. 111(b)). For more information on how to implement this requirement
and suggested resources, see www2.ed. ov olic fund uid constitutionda and
htt thomas.loc. ov teachers constitution.htmi
g. Arts Endowment Enabling Legislation. You are also required to execute your project, (e.g.,
productions, workshops, programs, etc.) in accordance with the Arts Endowment's enabling
legislation that requires "artistic excellence and artistic merit" to be included in the criteria upon
which awards are made.
h. Prohibition on use of funds to ACORN or its subsidiaries. Beginning in FY10 (award number such
as 10-xxxx-xxxx or DCA 2010-xx), none of the Federal or matching funds expended for your
awarded project may be distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries. (P.L. 111-88 Sec. 427)
Subgranting for State Arts Agencies, Regional Arts organizations, and Designated Local Arts
Agencies
31. Subgranting
Per our legislation, only State Arts Agencies, Regional Arts Organizations, and designated Local Arts
Agencies are eligible to subgrant Arts Endowment funds.
A subgrant is an award made by a grantee or cooperator using award and/or matching funds (i.e., an
award resulting from Arts Endowment support, but not one made directly by us). A subgrant exists
when funds are regranted to an individual or an organization for activities conducted independently
of the direct award recipient and for the benefit of the subgrantee's program objectives. A subgrant
recipient is neither directly employed by nor affiliated with the direct award recipient. Please be
aware that a subgrant relationship could exist even if you call the agreement a contract.
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General Subgranting Requirements
a. Artistic Excellence and Artistic Merit. In accordance with the Arts Endowment's enabling
legislation, you must include "artistic excellence and artistic merit" in the review criteria used to
make the subgrant awards. (20 USC Sec. 951 et seq.)
b. Subgranting to Eligible Organizations, Units of State and/or Local Government. 501(c)(3)
nonprofit organizations, units of state or local government, institutions of higher education, or
Federally -recognized Indian tribal governments are eligible to receive funds subgranted through
an Arts Endowment award.
Effective with NEA awards beginning with the number 11- or 2011-, you may not make a
subaward to an entity without a DUNS number (2 CFR 25 Appendix A). Thus, you must notify
potential subrecipients that the entity cannot receive a subaward from you unless the entity has
provided its DUNS number.
The Federal laws, rules, regulations and OMB Circulars that apply to Arts Endowment
organizational award recipients generally also apply to such organizations when they receive a
subgrant through an Arts Endowment supported award. Thus, you must inform subgrantees that
they are receiving Federal funds from the National Endowment for the Arts, and that they must
comply with these mandates.
You must also:
• Provide them with your Federal award number and associated CFDA number (the CFDA
number is on your award letter or cooperative agreement document).
• Instruct them that there may be no overlapping project costs between Federal awards,
whether they receive them directly from a Federal agency or indirectly, such as through a
state agency or other entity.
c. Requirements for Federal Funding Accountability and Transparency Act (FFATA)
implementation of subaward reporting. Effective with NEA awards beginning with the number
11- or 2011-, you may be required to report subaward information to the FFATA subaward report
database www.fsrsas described in 2 CFR Part 170.
This requirement applies to subawards of $25..000 or more in Federal funds. Additional
information is available at www.arts.,gov/manageawardlFFATA-FAC1.pdf
d. Additional Requirements for Subgranting. to Organizations and Individuals. Your subgrant
agreements must include a requirement that the subgrantee:
• provides -you with final reports and any other information or reports necessary for you to
fulfill all applicable Federal reporting requirements
• adheres to the prohibition against lobbying within a Federally supported grant or cooperative
agreement
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• uses U.S. air carriers for approved foreign travel
• maintains records pertinent to the award for three years following submission of their final
report to you.
e. Progress reports. State Arts Agencies should require a progress report from their subgrantees,
with discretion to determine when these reports must be submitted.
f. Time extensions. You should request a period of support time extension (not a final report due
date extension) from the Arts Endowment whenever a subgrantee's project cannot be completed
within your award period. See Item 7.
g. Subgrantee records.
You
must keep subgrantees' report
submissions on file for three years after
the
date
you submit
your
Federal
Financial
Report to the
Arts
Endowment.
Questions?
32. Arts Endowment Staff
Cooperators, please refer to your cooperative agreement for names of contact persons available to
answer questions.
Grantees, if you have any questions concerning administrative or technical requirements, please
contact G&C at (202) 682-5403 or grants@arts.gov. For programmatic requirements, please contact
the program discipline/field or office identified in your award document. A staff directory is available
at www.arts.gov/staff/staff.
33. Accessibility Accommodations
Individuals who are deaf or hard -of -hearing may e-mail G&C at grants@arts.gov or call (202) 682-
5496 TTY.
Individuals who do not use conventional print may access the information in this document by
contacting the Office for Accessibility at accessibility@arts.or call (202) 682-5733 for help
acquiring an audio recording of these General Terms or any other Arts Endowment publication.
Individuals with limited English proficiency or recipients serving such individuals should contact the
Office of General Counsel at (202) 682-5418 or by e-mail at o.8c2arts. ov. You can also find
information at www.lep�ov,.
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