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Grant Terms and ConditionsCredit Financial Management
Federal ComplianceGrantees agree to abide by all federal regulations, including the following: Fair Labor Standards Act states that all professional performers and related or supporting personnel employed on projects or productions which are financed in whole or in part under the grant shall receive not less than the minimum compensation as determined by the Secretary of Labor. No part of any project or production which is financed in whole or in part under the grant will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. 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. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, as defined in section 7(6)*, shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 to enforce the existing law. Failure to comply with Section 504 can result in loss of federal funds. *For the purpose of Section 504, the term “disabled individual” means any person who (a) has a physical or mental impairment which substantially limits one or more of such person’s major life activities, (b) has a record of such impairment, or (c) is regarded as having such an impairment. A self-evaluation must be on file at your organization. The National Endowment for the Arts has developed a Program Evaluation Workbook which may be used by a recipient to conduct a self-evaluation to determine if it is in compliance with 504 requirements. If you have not previously conducted this self-evaluation, you may wish to request a copy of the Program Evaluation Workbook, free of charge, by contacting the South Dakota Arts Council, 800 Governors Drive, Pierre, SD 57501. Americans with Disabilities Act (ADA) of 1990 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). 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 the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title IX of the Eduction Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Drug Free Workplace Act of 1988 requires that local educational agencies adopt a Drug Free Workplace Policy which is in compliance with the Drug Free Workplace Act and that grantees with more than ten employees identify a coordinator to implement the provisions of this act. Pro-Children Act of 1994 requires that smoking not be permitted in any indoor facility used routinely or regularly for the provision of “children’s services” to persons under age 18, if the services are funded by specified federal programs either directly or through state or local governments. Local educational agencies must adopt the provisions of this act. Gun Free Schools Act requires that local educational agencies adopt a Gun Free Policy, which is in compliance with SDCL 13-32-4. As required by Section 1352, Title 31 of the US Code, grantees must adhere to the prohibition against lobbying within a federally supported grant project which states that no federal appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into any federal grant or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. As required by Executive Order 12549, Debarment and Suspension, the Grantee certifies that it and its principals:
The Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001 et seq.) applies to any organization which controls or possesses Native American human remains and associated funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act. As required by Federal Debt Status (OMB Circular A-120), the grantee certifies that it is not delinquent in the repayment of any Federal debt. All travel outside the United States, its territories, and Canada must be approved in writing by State Arts Council before travel is undertaken. Additionally, any foreign air travel (inclusive of persons or property) that is paid in whole or in part with Endowment funds must be performed 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. U.S. air-carrier service is considered available even though a comparable or different kind of service can be provided at less cost by a foreign air carrier and/or foreign air-carrier service is preferred by, or is more convenient for, the traveler. For additional guidance, please contact the South Dakota Office of Arts. Consistent with 41 U.S.C. 10a-10c, “Buy American Act,” subgrantees who are purchasing equipment and products through an Endowment-supported grant are encouraged, whenever possible, to purchase American-made equipment and products. If your non-profit organization receives $300,000 or more in federal financial assistance, the State of South Dakota requires that an annual audit be conducted in accordance with OMB Circular A-133. Audits shall be completed and filed with the Department of Legislative Audit within the earlier of 30 days after the receipt of the auditor’s report(s), or nine months after end of the audit period.* *Audits must be conducted by an auditor that is approved by the Auditor General of the State of South Dakota. Auditor approval must be obtained annually and can be requested by forwarding a copy of the audit engagement letter to the Department of Legislative Audit. The Department of Legislative Audit will notify each auditor of approval or disapproval. For information concerning audits contact: Department of Legislative Audit, A-133 Coordinator, 427 S. Chapelle, c/o 500 E. Capitol, Pierre, SD 57501. Recipients must maintain financial records, supporting documents, statistical records, and all other records pertinent to an award consistent with the provisions outlined in OMB Circular A-110, Section 53 or the Common Rule, Section 1157.42 as applicable. Generally, the retention period is three years from the date the final financial status report is filed.
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