1) An applicant awarded funding from the Arkansas Arts Council receives money that comes partly from federal funding sources. In order to be an eligible recipient, each applicant gives assurance to the Arkansas Arts Council that their application has been authorized and signed by the governing body and staff of the applicant, and that its indicated representative has been authorized to file this application for and in behalf of said applicant, and otherwise to act as the authorized representative in connection with this application.

2) The applicant further agrees that funds granted shall be utilized solely for activities described in the approved application. Changes in the approved plan can be made only after the Arkansas Arts Council has received a Grant Modification Form and the organization has been given written approval by the Arts Council for the modification.

3) The applicant agrees to the stipulation that all publicity, programs, brochures, etc. will acknowledge the support of the Arkansas Arts Council by using the stated Arkansas Arts Council credit line:

This program is supported in part by the Arkansas Arts Council, an agency of the Department of Arkansas Heritage, and by the National Endowment for the Arts

4) The applicant shall submit a final report to the Council in such a form and detail as requested within 30 days after the end of the activity. Failure to comply can delay state and federal reporting requirements and result in the loss of part or all of current or future grant funds to the applicant.

5) For accounting purposes, financial records shall reflect all receipts, obligations and disbursements of grant and matching monies. The financial accounts shall be subject to audit by appropriate agencies of the Arkansas Arts Council, State of Arkansas, and/or the Federal Government. The grantee shall be responsible for the safekeeping and identification of records maintained to account for funds awarded herein. Said records must be kept in the grantee’s file for a period of three years after completion of the grant program and must be made available to the Arkansas Arts Council upon request.

6) In authorizing the application, the organization certifies that it is in compliance with the statutes outlined below and all related Arkansas Arts Council regulations, and that it will maintain records and submit the reports that are necessary to determine compliance.

7) The applicant further certifies that it will obtain assurances of compliance from all sub-recipients and will require all sub-recipients of Arkansas Arts Council funds to comply with these requirements. The Arkansas Arts Council may conduct a review of the applicant’s organization to ensure that it is in compliance. If the Arkansas Arts Council determines that a grantee has failed to comply with these statutes, it may suspend, terminate, and/or recover funds. This assurance is subject to judicial enforcement.

Nondiscrimination Statutes

The applicant certifies that it does not discriminate:

On the grounds of race, color, or national origin (including limited English proficiency), in accordance with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.).

On the grounds of disability, in accordance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 (“ADA”) (42 U.S.C. 12101-12213). The ADA’s requirements apply regardless of whether the applicant receives federal funds.

On the basis of age, in accordance with the Age Discrimination ACT of 1975 (42 U.S.C. 6101 et seq.).

On the basis of sex, in any education program or activity, in accordance with Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

Regulations relating to Debarment and Suspension (45 C.F.R. pt.1154)

The applicant certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in covered transactions by any federal department or agency, or have, within the three years preceding the submission of this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with a public (federal, state, or local) transaction or a contract under a public transaction; for violation of federal or state antitrust statutes; for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; had any public transactions terminated for cause or default; or are presently indicted for or otherwise criminally or civilly charged by a governmental entity with any of the preceding offenses.

Federal Debt Status (OMB Circular A-129)

The applicant certifies that it is not delinquent in the repayment of any federal debt. Examples of relevant debt include delinquent payroll or other taxes, audit disallowances, and benefit overpayments.

Labor Standards (29 C.F.R. pt 505)

The applicant certifies that, if awarded a grant, it will comply with the labor standards set out in Labor Standards on Projects or Productions Assisted by Grants from the Arkansas Arts Council.

The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et se. and 45 C.F.R. pt. 1154)

This requires grantee organizations, within 30 days of receiving a grant, to make a continuing, good faith effort to maintain a drug-free workplace through implementation of the following:

Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of the prohibition. (For the purposes of this Act, alcohol is not considered a controlled substance.) The grantee shall give a copy of the statement to each employee who will be involved in grant-supported activities and notify those employees that they are expected to abide by the statement. For the purposes of this law, “employees” include consultants and temporary personnel (but not volunteers), who are directly engaged in work under the grant and who are on the grantee’s payroll. The grantee should maintain on file the address of each site where work is performed under the grant.

Establish a drug-free awareness program that will inform employees about the dangers of drug abuse in the workplace, the grantee’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that might be imposed for workplace drug abuse violations. Employees should be informed that any conviction for a violation of a criminal drug state that occurs in the workplace must be reported to the employer, in writing, no later than five calendar days after such a conviction. The grantee, in turn, must notify the Arkansas Arts Council, in writing, within 10 calendar days of receiving such notice from its employee. The grantee’s notice to the Arkansas Arts Council must include the convicted individual’s position title and the assigned file number(s) of each affected grant.

Within thirty calendar days of receiving notice of an employee’s criminal drug conviction, a grantee should take appropriate personnel action against the convicted employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program that has been approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

The Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001 et seq.)

This Act 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.