Due to the ongoing winter storm, City facilities, including City Hall and all Parks, Recreation and Culture facilities, will be closed on Tuesday, Feb. 18. This is due to the forecasted winter storm resulting in dangerous travel conditions.
The City of Lawrence was selected to receive an American Rescue Plan grant of $150,000 from the National Endowment for the Arts (NEA) to help the local Lawrence arts and cultural sector recover from the pandemic. Members of the Lawrence Cultural Arts Commission (LCAC) served as the grant review panel to provide subgrants to eligible Lawrence arts and culture non-profit organizations to preserve jobs and to help fund operations, facilities, health and safety supplies, and marketing and promotional efforts to encourage attendance and participation.
Only Lawrence-based 501c3 nonprofit organizations with an arts-based mission and programming that is entirely or almost entirely in the arts are eligible to receive funds. Eligible organizations are encouraged to review the full Program Guidelines before beginning the Application below. The application opens on July 18 and closes at 11:59 p.m. on August 22.
Please email any questions regarding the application to mhenning@lawrenceks.org. If accommodations are needed due to disability, please contact the ADA Compliance Administrator at ekorynta@lawrenceks.org or 785-832-3180. Requests for accommodations must be made by August 15, 2022.
Review all applications received.
Review Criteria
Members of the Lawrence Cultural Arts Commission (LCAC) will serve as the grant review panel for these subgrants. Any LCAC members with direct financial compensation and/or affiliation with an organization submitting a grant application, or for any other conflict of interest, will recuse themselves from the process.
The LCAC will use the following criteria to review completed applications.
Artistic Excellence & Artistic Merit: Evaluates the arts programmatic history, potential to have an immediate impact on the arts workforce, and significance to the mission and core work of the organization.
Community Involvement: Potential to serve and/or reach individuals whose opportunities to experience the arts are limited by ethnicity, economics, geography, or disability.
Management Ability: Ability to carry out an award as shown by the alignment of the budget and other resources with the goals and requirements of this funding opportunity.
June 13, 2022 - Press release and program launchJuly 1, 2022 – Deadline to complete the online Intent to Apply formJuly 18, 2022 – Application period beginsAugust 22, 2022 – Application period endsSeptember 16, 2022 – Announcement of grant awards- October 5, 2022 – Award administration process begins
- June 30, 2023 – Period of performance ends
ARP funds support salaries and administration costs to the nonprofit arts sector in response to the COVID-19 pandemic. All costs must be allocable and allowable.
- You must submit records that accurately reflect the work performed by any employee whose salary is charged, in whole or in part, to the ARP funds.
- Personnel expenses must be documented using personnel activity reports, time and effort reports, or other records that comply with your organization’s internal controls and established accounting policies.
- Written and signed contracts must also be maintained if the subgrant supports contracts with artists or contractual personnel.
ARP funds support salaries and administration costs to the nonprofit arts sector in response to the COVID-19 pandemic. All costs must be allocable and allowable.
- Salary support, full or partial, for one or more staff positions.
- Fees/stipends for artists and/or contractual personnel to support the services they provide for specific activities in support of the subgrantee organization’s day to day operations.
- Facilities costs such as rent and utilities.
- Costs associated with health and safety supplies for staff and/or visitors/audiences (e.g. personal protective equipment, cleaning supplies, hand sanitizer, etc.).
- Marketing and promotional costs
- “Artist relief” programs where the funding is intended to alleviate financial hardship (i.e., rent or food assistance to individuals) and does not require the artist to undertake work.
- Alcoholic beverages.
- Commercial (for-profit) enterprises or activities, including concessions, food, clothing, artwork, or other items for resale. This included online or virtual sales/shops.
- Construction, purchase, or renovation of facilities.
- General fundraising.
- General miscellaneous or contingency costs.
- Indirect costs
- Land purchase costs.
- Lobbying, including activities intended to influence the outcome of elections or influence government officials regarding pending legislation, either direction or through specific lobbying appeals to the public.
- Mortgage interest, fines and penalties, bad debt costs, or deficit reduction.
- Rental costs for home office workspace owned by individuals or entities affiliated with the applicant organization.
- Social activities such as receptions, parties, or galas.
- Subwards to replace lost revenue.
- Travel costs.
- Vehicle purchases.
- Visa costs paid to the U.S. government
- Voter registration drives and related activities.
- Costs supported by any other federal funding. This includes federal funding received either directly from a federal agency or indirectly from a pass-through organization such as a state arts agency, regional arts organization, or a grant made by another entity.
- Expenditures related to compensation to foreign nationals when those expenditures are not in compliance with regulations issued by the U.S. Treasury Department Office of Foreign Assets Control.
- All other costs that are unallowable per 2 CFR 200 and other laws.
- Receiving a subaward is contingent on a fully executed contract agreement with the City of Lawrence and approval from the City Commission.
- Subrecipient must be registered with the State of Kansas Office of the Secretary of State.
- The award for these grant funds is on a cost reimbursement basis only. Grantee shall be compensated for allocable and allowable costs that must occur between December 1, 2021 and June 30, 2023.
- The administration of award payments will be determined according to the subrecipient’s proposed and adjusted budgets and will be processed quarterly as acceptable documentation of qualifying expenses is received.
- A final report is required and is due at the latest, within 45 days after the end of the performance period. Final award payments will be made upon receipt of final reports.
- Final reports required by the City of Lawrence will be available on the NEA ARP Subgrant website https://lawrenceks.org/nea-arp-subgrant/ under REPORTING REQUIREMENTS.
- Subrecipients must permit the City of Lawrence access to their records and financial statements as necessary to ensure compliance with the federal award requirements.
- Subrecipients must retain financial records and other supporting documents related to the subaward for a period of three (3) years from the date they submit their final expenditure report to the City (2 CFR 200.334).
- Subrecipients must abide by all of the federal requirements that “flow down” to the subaward (see APPENDIX C).
- No entity may receive a subaward until the entity has provided its Unique Entity Identifier to the City of Lawrence, Kansas.
- Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.
- System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient.
- Additional information about registration procedures may be found at the SAM internet site (currently at https://www.sam.gov).
- Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.
Nondiscrimination Policies
As a condition of receipt of Federal financial assistance, you acknowledge and agree to execute your project, 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.a Title VI of the Civil Rights Act of 1964, as amended, and implemented by the National Endowment for the Arts at 45 USC 1110, 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.)
- 1.b 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.
- 1.c 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.)
- 1.d 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.)
- 1.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).
- 1.f 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
- i. A Section 504 self-evaluation must be on file at your organization. To help your organization evaluate its programs, activities, and facilities with regard to Section 504 accessibility requirements, the Civil Rights Office has a Section 504 Self Evaluation Workbook available on our website.
- ii. 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 National Endowment for the Arts upon request. The National Endowment for the Arts may request the 504 Workbook or your compliance documents for various potential scenarios including an Inspector General audit and/or civil rights investigation.
- iii. Design for Accessibility: A Cultural 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 National Endowment for the Arts website. If you have questions, contact the Office of Accessibility at accessibility@arts.gov; (202) 682-5532; fax (202) 682-5715; or TTY (202) 682-5496.
Environmental and Preservation Policies
- 2.a The National Environmental Policy Act 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.b The National Historic Preservation Act of 1966, as amended, applies to any Federal funds that support activities that have the potential to impact any structure eligible for or on the National Register of Historic Places, adjacent to a structure that is eligible for or on the National Register of Historic Places, or located in a historic district, in accordance with Section 106. This also applies to planning activities that may affect historic properties or districts. We will conduct a review of your project activities, as appropriate, to determine the impact of your project activities on the structure or any affected properties. Agency review must be completed prior to any agency funds being released. You may be asked to provide additional information on your project to ensure compliance with the Act at any time during your award period (16 USC 470).
Other National Policies
- Debarment and Suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR Part 180, as adopted by the National Endowment for the Arts in 2 CFR 3254.10. There are circumstances under which we may receive information concerning your fitness to carry out a project and administer Federal funds, such as: i. Conviction of, or a civil judgment for, the commission of fraud, embezzlement, theft, forgery, or making false statements; ii. Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility; iii. 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.
- 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 National Endowment for the Arts Office of Grants Management of any employee convicted of a violation of a criminal drug statute that occurs in the workplace (41 USC 701 et seq. and 2 CFR Part 3256).
- 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:
-
5.1 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).
-
5.2 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.
-
5.3 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.
-
6. 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 U.S. Department of Labor’s Compliance Guide at https://www.dol.gov/agencies/whd/government-contracts/construction . 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).
-
7. 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.).
-
8. 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 (P.L. 108-447, Division J, Sec. 111(b)). For more information on how to implement this requirement and suggested resources, see www2.ed.gov/policy/fund/guid/constitutionday and https://www.loc.gov/extranet/cld/constitution.html.
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9. 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).
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At their October 4 meeting, the City Commission approved LCAC recommended NEA ARP Subgrant awards to Lawrence arts-based nonprofit organizations.
Please note that payment for the subaward grants will be administered on a cost reimbursement basis. Verification of a SAM.gov Unique Entity Identifier (UEI) must be received along with proper documentation of allowable costs according to proposed expenses submitted in the application. Please email all materials requested to mhenning@lawrenceks.org. A final report must also be submitted and can be viewed on this website below. The City will then require that subawardees enter into an agreement, submit necessary financial information for vendor setup, and collect an invoice for payment.
Payment requests to the NEA will be made on a monthly basis beginning December 1, 2022. It can take up to two weeks to receive funds from the NEA once payment requests are approved and may take an additional two weeks or more for funds to be dispersed to subawardees.
Here is an overview of requirements with additional details:
- UEI verification
- Organizations must submit documentation that clearly identifies active registration with SAM.gov. This screenshot image from SAM.gov is an example of what is needed. Other formats that contain this information and are clearly from the SAM.gov website are acceptable as well.
-
The award for these grant funds is on a cost reimbursement basis only. Subawardees will be compensated for allocable and allowable costs that must occur between December 1, 2021 and June 30, 2023. Documentation of allowable costs may include:
-
Personnel expenses – activity reports, time & effort reports, etc. Here is an example: PAR-Hourly-4-24-20 (DOC)
-
Fees/stipends for artists and/or contractual personnel that support the services they provide for specific activities in support of the organization’s day to day operations – please submit written and signed contracts
-
Facilities costs – receipts, invoices, statements, etc. for rent and utilities
-
Costs associated with health and safety supplies for staff and/or
visitors/audiences (e.g., personal protective equipment, cleaning supplies, hand
sanitizer, etc.) – receipts -
Costs associated with marketing, promotion, and applicant/grantee technical
assistance – receipts
-
- Execution of contract
- Organization must be registered with the State of Kansas Office of the Secretary of State.
- Invoice submission
- A dated invoice is needed to process payment through the City’s financial system. The invoice must contain the organization letterhead or logo and the amount of the grant award. The total amount must be supported with documentation of allowable costs.
- Vendor setup (if needed) for EFT or paper check
- The City uses PaymentWorks to process EFT payments. If EFT options is requested, an invitation will be sent to the subawardee from cityaccounting@lawrenceks.org.
- A paper check can be issued with the submission of these two forms Blank Fillable Vendor Master Information Form (PDF) & Blank Fillable W-9 (PDF)
- Final report submission
- Please complete the final report form for subawardees using the form on this website. A PDF will be emailed to subawardee upon submission. The final report is required for payment of the grant award and must be submitted no later than 45 days after the end of the performance period. The information in this report will be compiled and sent altogether to the NEA to close out the grant.
The Final Report requests the number of artists and non-artists contracted and/or hired as employees through subaward grants and how many adults, children, and unique visitors were engaged and accessed programming during the timespan used for subaward expenses. This information is required and should be submitted once the timespan used for the subaward expenses has taken place.
Allowable costs for subgranted ARP funds are limited to:
- Salary support, full or partial, for one or more staff positions.
- Fees/stipends for artists and/or contractual personnel to support the services they provide for specific activities in support of the subgrantee organization’s day to day operations.
- Facilities costs such as rent and utilities.
- Costs associated with health and safety supplies for staff and/or visitors/audiences (e.g., personal protective equipment, cleaning supplies, hand sanitizer, etc.).
- Marketing and promotion costs
- Organization must be a 501(c)(3) nonprofit or an independent entity of an institution of higher education based in Lawrence, KS.
- Organization must be registered with the State of Kansas Office of the Secretary of State.
- Organization must have an arts-based mission and/or more than 75% of annual operating expenses dedicated to cultural activities: the performing arts (music, dance, theatre), visual arts, literature, film, or whose primary mission is the promotion of their culture through educational and/or artistic activities.
- Organization must have at least a three-year history of arts programming
- Organization must have or be able to obtain a Unique Entity Identifier (UEI) through SAM.gov (System for Award Management). See this update for more information.
- Organization must not have been disbarred, suspended, or have any other exclusions or disqualifications from receiving federal funding.
- Organization must follow all flow-down federal regulations and policy requirements that prohibit discrimination, ensure accessibility of all facilities and programs funded with federal monies, provide for the protection of environmental and historic resources, and more. (See National Policy and Other Legal Requirements, Statutes, and Regulations)
Nondiscrimination Policies
As a condition of receipt of Federal financial assistance, you acknowledge and agree to execute your project, 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.a Title VI of the Civil Rights Act of 1964, as amended, and implemented by the National Endowment for the Arts at 45 USC 1110, 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.)
- 1.b 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.
- 1.c 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.)
- 1.d 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.)
- 1.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).
- 1.f 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
- i. A Section 504 self-evaluation must be on file at your organization. To help your organization evaluate its programs, activities, and facilities with regard to Section 504 accessibility requirements, the Civil Rights Office has a Section 504 Self Evaluation Workbook available on our website.
- ii. 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 National Endowment for the Arts upon request. The National Endowment for the Arts may request the 504 Workbook or your compliance documents for various potential scenarios including an Inspector General audit and/or civil rights investigation.
- iii. Design for Accessibility: A Cultural 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 National Endowment for the Arts website. If you have questions, contact the Office of Accessibility at accessibility@arts.gov; (202) 682-5532; fax (202) 682-5715; or TTY (202) 682-5496.
Environmental and Preservation Policies
- 2.a The National Environmental Policy Act 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.b The National Historic Preservation Act of 1966, as amended, applies to any Federal funds that support activities that have the potential to impact any structure eligible for or on the National Register of Historic Places, adjacent to a structure that is eligible for or on the National Register of Historic Places, or located in a historic district, in accordance with Section 106. This also applies to planning activities that may affect historic properties or districts. We will conduct a review of your project activities, as appropriate, to determine the impact of your project activities on the structure or any affected properties. Agency review must be completed prior to any agency funds being released. You may be asked to provide additional information on your project to ensure compliance with the Act at any time during your award period (16 USC 470).
Other National Policies
- Debarment and Suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR Part 180, as adopted by the National Endowment for the Arts in 2 CFR 3254.10. There are circumstances under which we may receive information concerning your fitness to carry out a project and administer Federal funds, such as: i. Conviction of, or a civil judgment for, the commission of fraud, embezzlement, theft, forgery, or making false statements; ii. Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility; iii. 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.
- 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 National Endowment for the Arts Office of Grants Management of any employee convicted of a violation of a criminal drug statute that occurs in the workplace (41 USC 701 et seq. and 2 CFR Part 3256).
- 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:
-
5.1 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).
-
5.2 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.
-
5.3 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.
-
6. 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 U.S. Department of Labor’s Compliance Guide at https://www.dol.gov/agencies/whd/government-contracts/construction . 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).
-
7. 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.).
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8. 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 (P.L. 108-447, Division J, Sec. 111(b)). For more information on how to implement this requirement and suggested resources, see www2.ed.gov/policy/fund/guid/constitutionday and https://www.loc.gov/extranet/cld/constitution.html.
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9. 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).
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