General Grant Conditions

By accepting their grant award, grantees agree to comply with the following General Grant Conditions:

  1. USE OF FUNDS Grant funds must be used for the explicit programming outlined in the application. Grant funds may not be used for indirect costs. Notify the Arts Commission office in writing of any delays in completion of project. If major changes are anticipated in project format, expenditures and/or personnel, Arts Commission approval must be requested prior to expenditure of grant funds. No extensions will be granted for Creative Capacity Grants (CCG). The deadline to claim all grant awards is Monday, May 8, 2023. All unused or unencumbered project funds must be returned to the Arts Commission.
  2. FUNDING RESTRICTIONS Grant funds may not be used to fund projects involving construction of facilities, debt reduction, food and beverages, equipment/capital expenditures, fundraising projects, scholarships and awards, in addition to any restrictions delineated in the Grant Guidelines. Grant funds may not be used for grant administration, overhead or processing fees taken by an umbrella/parent organization as a percentage of the total award (with the exception of fiscal sponsors). In addition, according to the Arts Commission’s enabling statutes, “Notwithstanding any other law, no monies from the Arizona Commission on the Arts may be spent for payment to any person or entity for use in desecrating, casting contempt on, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor on religious objects, the flag of the United States or the flag of this state.” Recipients of Arts Commission support are further instructed to “take into consideration general standards of decency and respect for the diverse beliefs and values of the American public” within funded programs.
  3. CREDIT Grantees are required to credit (with logos and credit lines) the funders of grants awarded in all printed materials and publicity, whether for a specific project or grantee’s overall operation. The Arts Commission must also be listed in the appropriate financial category in any printed or installed donor recognition lists. Crediting language and acknowledgements must be removed from websites and printed materials at the completion of the grant period.
  4. TERMS AND CONDITIONS The Grantee agrees: a) to provide all buildings and facilities necessary for the event, performance and/or exhibition; b) to provide such programs and advance publicity as the grantee deems appropriate; c) to pay all costs incident to the performance and/or exhibition; and d) to notify and permit attendance of the performance and/or exhibition, without admission or other charge, by Arts Commission board and staff.
  5. WAGES All professional performers and related or supporting professional personnel employed on projects or productions which are financed in whole or in part under the grant will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities.
  6. ACCESS TO RECORDS In compliance with Arizona Revised Statutes, public records of the Arizona Commission on the Arts are open to public inspection. Grant applications (including financial reports and other required components), grant final reports and panel review comments are considered public records. The Grantee hereby agrees that it understands the Arts Commission’s responsibility to comply with public records requests. In accordance with state policies governing public records and privacy, prior to access being granted to materials, the Arts Commission will redact or excise information such as (but not limited to): individuals’ dates of birth, social security or taxpayer identification numbers, personal contact information, and work samples containing original creative content, copyrighted materials or other materials covered by intellectual property laws.
  7. Additionally, the Arizona Commission on the Arts, National Endowment for the Arts, the Comptroller General of the United States and the Arizona Auditor General, or any duly authorized representatives, shall have access to any books, documents, papers and records maintained by the Grantee to account for funds expended under the terms and conditions of this grant for the purpose of making audit, examination, excerpts, and transcripts. All financial records must be maintained for four years following completion of the grant period.
  8. GRANTEE FINANCIAL MANAGEMENT SYSTEMS shall provide for: a) accurate, current and complete disclosure of the financial results of each grant program in accordance with the Arizona Commission on the Arts’ reporting requirements; b) records which identify adequately the source and application of funds for grant-supported activities. The records shall contain information pertaining to grant awards and authorizations, obligations balances, assets, liabilities, outlays and income; c) effective control over and accountability for all funds, property and other assets. Grantees shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes; d) audits to be made by the Grantee or at their direction to determine, at a minimum, the fiscal integrity of financial transactions and reports, and the compliance with laws, regulations (incl. Executive Order 12549 – Debarment and Suspension), and administrative requirements. The Grantee will schedule such audits with reasonable frequency, considering the nature, size and complexity of the activity.
  9. CIVIL RIGHTS ACT OF 1964 The grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975, which provides for non-discrimination in Federally assisted programs or activities on the basis of age, and where applicable, Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and all regulations of the National Endowment for the Arts and the Arizona Commission on the Arts issued pursuant to these statutes. Title VI, Section 504, and Title IX prohibit discrimination on the basis of race, color, national origin, handicap, age or sex in any program or activity receiving Endowment support. The Applicant hereby gives assurance that it immediately will take any measures necessary to comply.
  10. LIABILITY The Grantee hereby expressly releases and discharges the Arts Commission from any and all liabilities for any injuries to the Grantee, its agents, employees, contractors, subcontractors, committees, exhibitors, members, patrons or spectators for any action of any nature of the Arts Commission, its members, employees or agents. The Grantee covenants and agrees to indemnify and hold harmless the Arts Commission, the State of Arizona, the individual members of the Arts Commission and the Arts Commission’s agents and employees from and against any and all claims for damages or injuries to persons or property arising out of or incident to the performance of any of the events set forth in this contract. Nothing in this agreement shall be construed as consent to any suit or a waiver of any defense in a suit brought against the State of Arizona in any Federal or State court. This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.
  11. CONTRACTOR’S EMPLOYMENT ELIGIBILITY By entering the contract, Grantee/Vendor warrants compliance with A.R.S. subsection 41-4401, A.R.S. subsection 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. The Arts Commission may request verification of compliance from any Grantee/Vendor or subcontractor performing work under this Contract. The Arts Commission reserves the right to confirm compliance in accordance with applicable laws. Should the Arts Commission suspect or find that the Grantee/Vendor or any of its subcontractors are not in compliance, the Arts Commission may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Grantee/Vendor. All costs necessary to verify compliance are the responsibility of the Grantee/Vendor. The Grantee/Vendor complies and maintains compliance with FINA, A.R.S. 41-4401 and 23-214 which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
  12. FINGERPRINT & BACKGROUND CHECKS If required to provide services on school district property at least five (5) times during a month, Grantee/Vendor shall submit a full set of fingerprints to the school district in accordance with 15-512 of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with A.R.S. 41-1750 and Public Law 92-544 of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Grantee, contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.
  13. AVAILABILITY OF FUNDS FOR THE CURRENT FISCAL YEAR The Arts Commission receives annual funding from the State of Arizona and the National Endowment for the Arts, and this grant is made subject to the availability of those funds. If at any time during the fiscal year the Arizona State Legislature enters into session and reduces funding to the Arts Commission, or if at any time Congress reduces its appropriation to the National Endowment for the Arts, or if funding is reduced for any other reason, this grant may be reduced, canceled, and/or may be paid out in installments.

Grantees which receive a federal funds subaward notice additionally agree to abide by the following national policy requirements:

  1. NONDISCRIMINATION POLICIES As a condition of receipt of State and Federal financial assistance, Grantees acknowledge and agree to execute their project (e.g., productions, workshops, programs, etc.) and require any contractors, successors, transferees, and assignees to comply with applicable provisions of national laws and policies prohibiting discrimination, including but not limited to:
    1. 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.)
    2. 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.arts.gov/foia/reading-room/nea-limited-english-proficiencypolicy-guidance.
    3. Title IX of the Education Amendments of 1972, as amended, provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance (20 USC 1681 et seq.)
    4. Section 504 of the Rehabilitation Act of 1973, as amended, 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). Access should be integrated into all facets and activities of an organization, from day to day operations to long range goals and objectives. Access accommodations and services should be given a high priority and funds should be available for these services. All organizations are legally required to provide reasonable and necessary accommodations for staff and visitors with disabilities.
      Section 504 Self-Evaluation and Additional Resources
      1. A Section 504 self-evaluation must be on file at your organization. To help your organization evaluate its programs, activities, and facilities to ensure full compliance with Section 504 accessibility requirements, the Civil Rights Office has provided you with a “Section 504 Self Evaluation Workbook.” The Workbook is located at www.arts.gov/about/504Workbook.html.
      2. You should designate a staff member to serve as a 504 coordinator. The completed workbook or similar compliance and supporting documentation should be kept on file for a period of three (3) years from the date the Federal Financial Report (FFR) is filed, and made available to the public and the NEA upon request. The NEA may request the 504 Workbook or your compliance documents for various potential scenarios including an Inspector General Audit and/or civil rights investigation. “Design for Accessibility: A Cultural Administrator’s Handbook” provides guidance on making access NEA General Terms & Conditions for Partnership Agreements 24 an integral part of an organization’s staffing, mission, budget, and programs. This Handbook and other resources may be downloaded from the NEA’s Web site at www.arts.gov/accessibility/accessibility-resources/publications-checklists. If you have questions, contact the Office of Accessibility at [email protected]; (202) 682-5532; FAX (202) 682-5715; or TTY (202) 682-5496.
    5. The Age Discrimination Act of 1975, as amended, 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.)
    6. 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).
  2. Environmental and Preservation Policies
    1. The National Environmental Policy Act (NEPA) of 1969, 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 apply; to undertake an environmental assessment; or to issue a “finding of no significant impact,” pursuant to applicable regulations and 42 USC Sec. 4332.
    2. The National Historic Preservation Act (NHPA) of 1966, 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).

Other National Policies

  1. Debarment and Suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR 180, as adopted by the NEA in 2 CFR 32.3254.
    There are circumstances under which we may receive information concerning your fitness to carry out a project and administer Federal funds, such as:
    1. Conviction of, or a civil judgment for, the commission of fraud, embezzlement, theft, forgery, or making false statements;
    2. Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility.
    3. 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 (3) years.
  2. Lobbying. You may not conduct political lobbying, as defined in the statutes and regulations 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, counterintelligence, intelligence, or national security activities (18 USC 1913).
    2. Lobbying (2 CFR 200.450) describes the cost of certain influencing activities associated with obtaining grants, contracts, cooperative agreements, or loans as an unallowable project cost. The regulation 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.
    3. Certification Regarding Lobbying to Obtain Awards. Section 319 of Public Law 101-121, codified at 31 USC 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.gov/fdsys/.
  3. 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 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 Compliance Guide at www.dol.gov/compliance/guide/dbra.htm. DBRA wage determinations are to be used in accordance with the provisions of Regulations, 29 CFR 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).
  4. 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.).
  5. Prohibition on use of funds to ACORN or its subsidiaries. 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).