10.111.611 GRANT CONDITIONS
grants shall be issued if the sub-grantee fails to accept conditions of
the grant or fails to have properly reported on any previous grant.
(2) The sub-grantee must agree that
the funds granted shall be expended solely for the activities described in the
approved application and above, unless a specific amendment in writing has been
received from the sub-grantee and subsequently approved. Any funds
granted must be committed within the grant period. Significant changes
requiring such amendments include:
(a) Changes of project purpose or scope.
(b) Changes in the key professional
personnel identified in the approved proposal.
(c) Changes in duration of the grant
(d) Changes in non-profit tax exempt
(3) After consultation with the Council
unexpended funds shall be returned to the Council at the conclusion of the
grant period for transmission to the federal government.
(4) The sub-grantee shall maintain
accounts, records, and other evidence pertaining to the costs incurred and revenues
acquired under this grant. The system of accounting employed by the grantee
shall be in accordance with generally accepted accounting principles, and will
be applied in a consistent manner so that the project expenditures can be
clearly identified. The records should clearly show that matching or cost-sharing
expenditures are not less than the amount contemplated in the grant agreement
and amendments thereto. Records must be maintained for three years from the
official termination date of the grant period or until a Federal audit has
been completed and any questions arising from it have been resolved, whichever
is the lesser period.
(5) Sub-grantees will submit periodic
reports of expenditures and such other financial reports and descriptive reports
as the Council may require. In all cases the grantee is required to submit,
within 30 days after the termination of the grant period:
(a) a final financial report on the
(b) a narrative report stating what was
accomplished with Endowment support.
(6) During the time set out in paragraph
(4) sub-grantee agrees that the Federal government and the State
government shall have access to and the right to examine any directly pertinent
books, documents, papers and records of the grantee involving transactions
related to this grant at the principal
business of grantee during regular business hours.
(7) The sub-grantee must agree to conform
with Title VI of the Civil Rights Act of 1964, which 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 the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial as-sistance." All grants are subject to review to determine
whether grantees are meeting the requirements of Title VI and are eligible to
continue to receive such Federal assistance.
(8) It is a further condition of the grant
that the sub-grantee will furnish adequate assurances to the Secretary of Labor
that all professional performers and related or sup-porting personnel employed
on projects or productions which are financed in whole, or in part, under this
grant will be paid, without subsequent deduction or rebate on any account, not
less than the minimum compensation for persons employed in similar activities
and no part of any project or production which is financed in whole or in part
under this sub-grant will be performed or engaged in or under working
conditions which are unsanitary or hazardous or dangerous to the health and
safety of the employees engaged in such project or production. Compliance with
the safety and sanitary laws of Montana shall be prima facie evidence of
(9) The sub-grantee must agree that the
funds received under this grant shall not be used to supplant funds normally
budgeted for services of the same type.
(10) The sub-grantee must agree that it is
the official and sole agency for the administration of the plan described in
(11) The sub-grantee must agree to provide
matching amounts equal to the amounts set forth in his proposal.
(12) The sub-grantee must agree that funds
received under this grant will not be matched with funds received under any
other grant from the Federal government.
(13) The sub-grantee must agree to include
in all promo-tion, publicity, advertising and printed programs, posters,
catalogs and title panels, the following credit line: "With the support of
the Montana Arts Council and the National Endowment for the Arts--a Federal
agency." When no printed matter is produced, verbal credit shall be given.
(14) The Council may, at its discretion
after consulta-tion with the sub-grantee, terminate on 30 days written notice
any grant, in whole or in part. Such
termination shall not affect any commitment which, in the judgment of the
Council, had become firm prior to the effective date of the termination. The sub-grantee must agree to furnish the
Council, within 60 days after the date of termination, an itemized accounting
of funds expended,
obligated and remaining under
the grant. The sub-grantee must also agree to
remit within 30
days after the
of a written request therefor, any amount determined to be due.
(15) Information collected from the public
in connection with a grant project must not, without prior written approval of
the Director of the Montana Arts Council, in any way be represented as
information being collected by or for a State or Federal Agency.
(16) Prior to publishing the results of
grant activity the Montana Arts Council must be consulted regarding
"acknowl-edgement and disclaimer" requirements established by the
History: Sec. 22-2-102 MCA; IMP, Sec. 22-2-102 MCA; Eff. 12/31/72.