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HomeMy WebLinkAbout2010-132 Arts - NC Dept. of Cultural Resources, NC Arts Council - Grassroots Arts Program X\ CAR GRANTS OFFICE AUG 1 1 2010 �'� ��� MAILING ADDRESS STREET ADDRESS O Z North Carolina Arts Council 109 East Jones Street Z D Department of Cultural Resources Raleigh, NC 27601 Raleigh, NC 27699-4632 G COVE t9198076514 www.ncarts.org f 919 807 6532 Contract This Contract is hereby entered into by and between the North Carolina Department of Cultural Resources, North Carolina Arts Council (Council) and the following Grantee (referred to collectively as the 'Parties'). The Grantee's federal tax identification number is found in Attachment B. Orange County Arts Commission FY11-0732 Arts in Communities--Grassroots Arts Program $34,423 1. Contract Documents: This Contract consists of the following documents: (1) This Contract (2) The General Terms and Conditions (Attachment A) (3) Grant Award letter(s) (Attachment B) (4) The NC Arts Council Grant Application Form Containing the Scope of Services, Line-Item Budget, and Project Narrative (5) Grantee Requirements 2010-11 Containing the Notice of Certain Reporting and Auditing Requirements (Attachment C) (6) Instructions 2010-11 (Attachment D) (7) Certification of No Overdue Tax Debts (Attachment E) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements. The awarding of this grant is subject to allocation and appropriation of funds to the Council for the purposes set forth in the Contract (Grant Award letter(s) and the Grant Application Form Containing the Scope of Services, Line-Item Budget, and Project Narrative). 2. Precedence among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have the highest precedence and the oldest amendment shall have the lowest precedence. 3. Effective Period: This Contract shall be effective upon signature by all parties to this Contract and shall terminate upon final expenditure of all funds and submission of all reports as required by law. 4. Grantee's Duties: The Grantee shall complete and return any applicable Revised Budget page, this Contract, and for non-government organizations the 'State Grant Certification - No Overdue Tax Debts' form (see #6). If the Grantee's grant is being paid with federal funds, then it must also complete and return a federal Cash Request Form at the appropriate time. The Grantee shall carry out the grant project as described in its North Carolina Arts Council Grant Application Containing the Scope of Project, Line-Item Budget, and Project Narrative; its Grant Award letter(s) with any applicable stipulation; and any applicable Revised Budget page and in compliance with all parts of this Contract including the attachments and the Instructions 2010-11 for the grant awards and in accordance with applicable state and federal laws and any local requirements. In addition, the Grantee shall maintain all grant records for a period of five years or until all audit exceptions have been resolved, whichever is longer. The Grantee shall provide services resulting from the grant to all members of the community served,in compliance with all state and federal statutes relating to non-discrimination on the basis of race, color, national origin, sex, handicap, or age, which are contained in the Grantee Requirements 2010-11 Containing the Notice of Certain Reporting and Auditing Requirements (Attachment Q. The Grantee shall keep Council staff informed about project activities. For the purposes of on-site monitoring and evaluation by the Council, tickets and admissions may be made available for attendance at funded performances, exhibitions, and other ticketed events during the grant year. Council's Duties: The Council shall pay the Grantee in the manner and in the amounts specified in the Contract Documents under the Payment Provisions. Contracts shall be paid at the direction of the State Budget Officer. Federally funded grants will be paid one month in advance or on a reimbursement basis. The Council shall assist the Grantee as appropriate and necessary with the implementation of this project.The Council shall provide monitoring and oversight through a combination of periodic e-mails, calls,visits, attendance at events, and review of reports. Matching Requirements of the Grantee: The Grantee must match this grant according to the project budget shown in its Application Form or any subsequent revision of that budget approved in writing by the Council. 5. Conflict of Interest Policy: Non-government grantees shall have on file with the Council a copy of the Grantee's policy addressing conflicts of interest that may arise involving the grantee's management employees and the members of its board of directors or other governing body.The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the grantee's employees or members of its board or other governing body, from the grantee's disbursing of state funds and shall include actions to be taken by the grantee or the individual, or both to avoid conflicts of interest and the appearance of impropriety.The policy shall be filed before Council may disburse the grant funds. [N.C.G.S. 143C-6-23 (b)(2007)] 6. Statement of No Overdue Tax Debts: Non-government Grantee's sworn written statement pursuant to N.C.G.S. 143C-6-23(c), stating that the Grantee does not have any overdue tax debts, as defined by N.C. G.S. 105-243.1, at the federal, state, or local level, is attached as Attachment E. Grantee acknowledges that the written statement must be filed before the Council may disburse the grant funds. Government grantees do not need to submit this form. 7. Reversion of Unexpended Funds: Any unexpended grant funds shall revert to the Council immediately upon determination and no later than May 31, 2011. 8. Termination of the Contract: This contract may be terminated by mutual consent with 60 days written notice to the other party, or as otherwise provided by law. 9. Reporting Requirements: The Council has determined that this Contract is subject to the reporting requirements described in the attached Grantee Requirements 2010-11 Containing the Notice of Certain Reporting and Audit Requirements (Attachment Q.The Grantee is required to comply with the rules and reporting requirements as noted in Attachment C, including audit oversight by the Office of State Budget and Management and the Office of the State Auditor, the provision of access to the accounting records by both the Council and the Office of State Budget and Management and the Office of the State Auditor, and availability of audit work papers in the possession of any auditor retained by the Grantee. Rev.7/10 Page 2 of 4 The Grantee must ensure that when grant funds are audited that they are audited in compliance with state and federal audit requirements for local governments and public authorities, institutions of higher education, and nonprofit organizations, and, as applicable, according to the standards of the federal Single Audit Act Amendments of 1996 and Circular A-133 "Audits of States, Local Governments, and Nonprofit Organizations" as supplied by the Executive Office of the President, Office of Management and Budget, Washington, DC. 10. Payment Provisions: The Council will pay organizations with grants at the direction of the State Budget Officer. Current Grantees will not be paid until the Council has received and approved their final reports for all previous grants. If a prior year report was late, the FY 10-11 grant(s) will be paid on a reimbursement basis. Federally funded grants will also be paid one month in advance or on a reimbursement basis upon request. All payments are contingent upon fund availability. 11. Contract Administrators: All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office address,street address,telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, post office address,street address,telephone number,fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. For the Council: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name Title Kathryn L.Caler, Grants Officer Name Title Kathryn L. Caler, Grants Officer Agency North Carolina Arts Council Agency North Carolina Arts Council Mail Address 4632 Mail Service Center Street Address 109 East Jones Street City, NC Raleigh, NC 27699-4632 City, NC Zip Raleigh, NC 27601 Telephone 919/807-6515 Fax 919/807-6532 Email Kathryn.Caler @ncdcr.gov For the Grantee: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name Title Mbl.t 6— J5k"n0 Name Title a,t-41A— 56AnOi�-- Company Name© i ct om an y Name 0c�y B �J s Cvmrr"5sia�un (� C Post Office AddressZ ress V ll6-f 30� l�/cSfuFv <<lr� c✓f. City State Zip CV'r okk � G City State Zip �75t t� CAa.P-! a A, nl C 75A, Telephone 9( q g(Qg .,19 Fax RIglgb8 -ao( Z Email or, 12 co . or-pin . nc 12. Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: a. Implement adequate internal controls over disbursements; b. Assure adequate control of signature stamps/plates; c. Assure adequate control of negotiable instruments; and d. Implement procedures to ensure that account balance is solvent and reconcile the account monthly. Rev.7110 Page 3 of 4 AUG 11 2010 13. Outsourcing/Assignability/Subcontracting: The Grantee or Subgrantee is not relieved of any of the duties and responsibilities of this contract. Furthermore, any Subgrantee must agree to abide by the standards contained in this contract and to provide all information to allow the Grantee to comply with these standards. 14. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. In Witness Whereof, the Grantee and the Agency have executed this Contract in duplicate originals, with one original being retained by each party. Name of Organization Ot—avn a e— Ce Signature of Aut4taizing Official Date Printed Name Title - ATTEST (does not need to be a notary public): D /d Signature te Printed a Title C 1P ]2 ( tional) Name of Fi tion (if using one): Signature of Authorizing Official Date Printed Name Title ATTEST (does not need to be a notary public): Signature Date Printed Name North Carolina Arts Council Kathryn L. Cale rants Officer Date Rev.7/10 Page 4 of 4