Arts Integration Grant Award & Agreement Date: February 6, 2018
KANSAS CREATIVE ARTS INDUSTRIES COMMISSION
ARTS INTEGRATION PROGRAM
GRANT AWARD AND AGREEMENT
This Grant Award and Agreement (the "Agreement") is entered by and between the City
of Salina (hereinafter referred to as "Grantee") and the Kansas Creative Arts Industries
Commission, a division of the Kansas Department of Commerce (hereinafter collectively
referred to as "Commerce").
WHEREAS. Commerce has been empowered by K.S.A. 74-5207 et seq. to undertake
action to promote and foster the arts in Kansas and to promote employment;
WHEREAS, Grantee is a unit of local government formed for the transformation of
Salina through the power of the arts and humanities to change lives and build community;
THEREFORE, the parties do mutually agree as follows:
I. AGREEMENT.
Grantee shall use Grant Funds in the amount of Fifteen Thousand Dollars
($15,000.00) to support costs associated with The Artists Initiative for Creative
Ingenuity. Healing, and Neighborhood Development, in accordance with the
approved Arts Integration Program Grant Application Form and supporting
documents, attached hereto as Attachment A and incorporated by reference.
Grantee shall allocate matching funds equal to the grant amount (one-to-one) in
the manner outlined in the application budget. Generally, in-kind donations may
only be counted as up to 50% of the required match. Organizations in
communities with populations of 15,000 or fewer may count in-kind donations as
up to 100%of the required match for awards up to $5,000. For award amounts
greater than 55.000. this exemption applies only to the initial $5,000. Applicants
must then provide 50% match in cash for award amounts in excess of S5,000. All
in-kind donations must be properly documented.
Grant and matching funds may only be used for the agreed upon project and
purpose for expenses deemed allowable under the NEA State Partnership
Agreement. All funds must be used in compliance with all applicable state and
federal laws. Kansas law(K.S.A. 74-5207 et seq.), Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR 200), the document entitled "Arts Integration Program," attached hereto as
Attachment B, the document entitled "National Endowment for the Arts General
Terms and Conditions for Grants and Cooperative Agreements to Organizations"
(the "GTC"), attached hereto as Attachment C, and directions provided by the
grant administrator. At all times during the performance period, Grantee must
meet the eligibility requirements specified in Attachment B.
Activities not performed in accordance with this Agreement may result in funds
being recaptured and future funding requests being denied by Commerce.
II. PERFORMANCE PERIOD AND REPORTING.
A. The performance period for this funding shall be January I. 2018 to Dec. 31,
2018.
B. Grantee shall submit a final report to Commerce no later than January 31,
2019 in a format approved by Commerce.detailing all grant and matching
fund expenditures, along with any program evaluation requested by
Commerce. The final report and any program evaluation shall be the
intellectual property of and owned by Commerce at the end of the
performance period.
III. PAYMENT TERMS AND CONDITIONS.
A. Maximum Obligation. In no event shall the maximum obligation of Commerce
under this Agreement exceed Fifteen Thousand Dollars ($15,000.00) which shall
constitute the maximum amount due Grantee for all costs incurred hereunder.
B. Reimbursement. The award for these grant funds is on a cost reimbursement basis
only. Grantee shall be compensated on a cost reimbursement basis only for actual,
reasonable and necessary costs based upon the grant budget, not to exceed the
maximum obligation established above. Upon progress toward completion of the
project, Grantee shall submit invoices on terms acceptable to Commerce, with all
of the necessary supporting documentation, prior to any reimbursement of
allowable costs. Such invoices shall be submitted per Commerce's policy and
procedures and as described herein, and shall indicate the amount charged by
budget line-item for the period invoiced, the amount charged by line-item to date,
the total amount charged for the period invoiced,and the total amount charged
under this Agreement to date. Commerce will not be responsible for the payment
of invoices, requests or receipts received after the final report.
C. Matching Funds. Commerce will distribute requested amounts equal to
demonstrated matching funds.
D. Payment of Invoice. The payment of an invoice by Commerce shall not prejudice
Commerce's right to object to or question any invoice or matter in relation
thereto. Such payment by Commerce shall neither be construed as acceptance of
any part of the work or service provided nor as an approval of any of the costs
invoiced therein.
E. Prior Awards. No reimbursement of grant funds shall be made under this
Agreement until Grantee's final reports have been received by Commerce and
closed-out for any prior sub-grants or awards.
IV. FEDERAL AWARDS. Table I contains information required by the Uniform
Administrative Requirements and NEA Partnership subgrants-2 CFR Part 200.
National Endowment of the Arts Partnership Grant
Uniform Guidance Required Information for Subawards
Subrecipient Name(Must match registered name in DUNS) City of Salina
Subrecipient's DUNS Number 785362856
Federal Award Identification Number 16-6100-2066
Subaward Identification Number FY16-073
Federal Award Date 7/29/2016
Subaward Period of Performance(Stan and End date) 1/1/2018— 12/31/2018
Total Amount of Federal Award 5629.800
Amount of federal Funds Obligated to the Subrecipient 515,000
Amount of state Funds Obligated to the Subrecipient SO
Federal Award Project Description(as required by FFATA) To Aid and Assist Local Partners
Name of Federal Awarding Agency, Pass Through Entity, National Endowment of the Arts.
and Contact Information for Awarding Official Kansas Creative Arts Industries Commission.
Nikki Jacobs
CFDA Number and Name 45.025
Promotion of the Arts Partnership Agreements
Whether or not the Award is for R&D No
V. FINANCIAL MANAGEMENT.
A. Grantee shall establish and maintain an accounting system that ensures effective
control over and accountability for all grant funds.' A separate fund within the
accounting system shall be established for the tracking of grant and matching
funds.
B. If Grantee does not have the administrative capacity to establish the necessary
accounting system, then a designee shall be authorized by Grantee as the financial
agent of the funds.
B. Grantee shall comply with the terms of the Contractual Provisions Attachment
(Form DA-146a) attached hereto as Attachment D and incorporated by reference.
VI. MONITORING.
A. Commerce may monitor this grant during the performance period and after the
date of completion to ensure compliance with program rules and proper
documentation of records. Grantee will make all program records available to
Commerce staff, Legislative Post-Audit staff, or designated representatives.
Commerce will identify in writing to Grantee any findings and suggested courses
of action to correct such findings. Grantee shall correct the findings within the
time period specified in writing by Commerce. Commerce will not make any
further payments until all findings have been resolved.
B. If deemed necessary by Commerce. Grantee will hire a certified public accountant
at Grantee's expense to conduct an audit. The scope of the audit will be limited to
the grant and matching funds. The costs of such an audit shall be an eligible cost
for Grantee to use toward their local match requirement for this project.
VII. PROJECT PARTNERS. Any organization or contractor that becomes an official
partner of Grantee must comply with the terms of this Agreement, including following
the acknowledgement requirements of Section XIII of this Agreement. Grantee shall be
responsible for notifying said partners of the requirements, monitoring partners and
ensuring compliance.
VIII. RETENTION OF RECORDS. Grantee hereby agrees to retain all records pertaining to
the project for a period of three years, pursuant to state law, after Grantee is notified by
Commerce that the project has been officially closed-out.
IX. TERMINATION OF AGREEMENT. Commerce may terminate the grant, in whole or
in part, if Grantee has failed to comply with the conditions of the Agreement, proposal,
or subsequent amendments. Grantee will receive written notice with reasons for
termination. During the performance period, Grantcc shall also have the right to
terminate this Agreement. Grantee shall provide written notice with reasons for
requesting termination. Grantee shall repay Commerce any portion of the grant funds
designated by Commerce if either Commerce or Grantee terminates this Agreement.
X. CERTIFICATIONS AND ASSURANCES. Grantee will be subject to and comply with
all applicable Uniform Administrative Requirements, Cost Principles, Audits, National
Policies and Legal Requirements, Statutes and Regulations, including:
A. The Nondiscrimination Policies listed in Section 28 of the GTC.
B. Labor Standards on Projects or Productions Assisted by Grants from the National
Endowments for the Arts and Humanities (29 CFR 505);
C. The Federal Acquisition Regulations (48 CFR 31);
D. The Environmental and Preservation Policies listed in Section 29 of the GTC;
E. The Other National Policies listed in Section 30 of the GTC, including.the Davis-
Bacon and Related Acts;
F. The prohibition against lobbying within a federally supported grant or cooperative
agreement (45 CFR 93);
G. OMB Circular A-110 (2 CFR 215) - Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals,
and Other Nonprofit Organizations:
H. OMB Circular A-102 - Grants and Cooperative Agreements with State and Local
Governments:
•
I. OMB Circular A-I6 - Coordination of Geographic Information, and Related
Spatial Data Activities;
J. OMB Circular A-21 (2 CFR 220) - Cost Principles for Educational Institutions;
K. OMB Circular A-87 (2 CFR 225) - Cost Principles for State, Local, and Indian
Tribal Governments;
L. OMB Circular A-122 (2 CFR 230) - Cost Principles for Nonprofit Organizations;
M. OMB Circular A-97 - Provisions of Specialized and Technical Services,to State
and Local Governments;
N. OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit
Organizations; and
O. All other relevant NEA regulations.
XI. INDEMNIFICATION. Grantee shall indemnify, defend and hold harmless Commerce
and the State of Kansas and their officers, agents, and employees from any liabilities,
claims, suits,judgments, and damages arising as a result of the performance of the
obligations under this Agreement, proposal, or subsequent amendments by Grantee or
any subgrantee, contractor, subcontractor, or person. The liability of Grantee under this
Agreement shall continue after termination of this Agreement with respect to any
liabilities, claims, suits,judgments, and damages resulting from acts occurring prior to
termination of this Agreement.
XII. NOTICE. All notices, demands, requests or other communications which may be
required or desired to be given by either party shall be in writing and shall be made by
personal delivery or by United States mail, postage prepaid. Notice shall be presumed to
have been received within three days of mailing.
A. Notices to Commerce shall be addressed as follows:
Peter Jasso, Executive Director
Kansas Creative Arts Industries Commission
Kansas Department of Commerce
1000 SW Jackson. Suite 100
Topeka. Kansas 66612-1354
(785) 296-2178
pjasso@kansascommerce.com
B. Notice to Grantee shall be addressed as follows:
Brad Anderson
City of Salina
Salina Arts & 1-lumanities
211 W. Iron Ave.
Salina. Kansas 67401
(785) 309-5770
brad.anderson@salina.org
XIII. ACKNOWLEDGEMENT.
A. Grantee shall acknowledge the NEA in accordance with Section 4 of the GTC.
B. Grantee shall acknowledge Commerce in a manner consistent with a donor or
sponsor at the level of the total grant amount and in all materials related to the
awarded activity. Acknowledgment of the Kansas Creative Arts Industries
Commission must be prominently displayed in all published material (printed
programs, news releases, web news, email alerts, advertisements, flyers, etc.) and
announcements regarding the particular activity or activities supported. The
following language is recommended: "This [insert name of organization or
project] was supported in part by the Kansas Creative Arts Industries
Commission. which receives support from the National Endowment for the Arts.
a federal agency."
C. Acknowledgment shall include display of the Kansas Creative Arts Industries
Commission logo and the NEA logo on Grantee's website or on printed material
including brochures, press releases, etc. Logos will be provided to Grantee
electronically.
D. Grantee shall write a brief letter to their local state senator and representatives
informing them of the award and their proposed grant activity, copies of which
shall be provided to Commerce along with the final report.
E. Commerce reserves the right to negotiate alternative or additional
acknowledgement requirements on a case by case basis.
XIV. MODIFICATIONS. There shall be no modifications to this Agreement unless approved
by Commerce and Grantee and executed in writing.
XV. CONTRACTUAL PROVISIONS ATTACHMENT (DA-146a). The provisions found
in the Contractual Provisions Attachment (Form DA-I46a), which is attached hereto and
executed by the parties to this Agreement, are hereby incorporated in this Agreement and
made a part hereof.
XVI. GOVERNING LAW. This Agreement shall be governed and construed in accordance
with the laws of the State of Kansas.
XVII. AUTHORIZATION. By signing below, the signatories agree to the terms and
conditions of this Agreement on behalf of their respective entities indicated below.
KANSAS DEPARTMENT OF COMMERCE CITY OF SALINA
1000 SW Jackson, Suite 100 211 W. Iron Ave.
Topeka, Kansas 66612-1354 Salina, Kansas 67401
Phone: (785) 296-2178 Phone: (785)309-5770
FEIN No.: 48-1124837 FEIN No.: 48-6017228
4,41 477,6V 4‘k-A—Q-• . fRo_.._
Robert"Northh.. II terim Secretary Karl F. Ryan, Mayor
Date: I/(�// Date:
ATTACHMENT D
State of Kansas
Department of Administration
DA-146a (Rev.06-12)
CONTRACTUAL PROVISIONS ATTACHMENT
Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is
attached to the vendor/contractor's standard contract form,then that form must be altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment(Form DA-146a,Rev.06-12),which is attached hereto,are hereby
incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof,said
contract being the day of ,20_
1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control
over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.
Any terms that conflict or could be interpreted to conflict with this attachment are nullified.
2. Kansas Law and Venue: This contract shall be subject to,governed by,and construed according to the laws of the State of Kansas,and jurisdiction
and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.
3. Termination Due To Lack Of Funding Appropriation: If,in the judgment of the Director of Accounts and Reports, Department of Administration,
sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges-hereunder,State may
terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to
the end of its current fiscal year,and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract,
except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such
fiscal year,to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments
incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the
agreement by State,title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract
pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.
4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend,hold
harmless,or indemnify any contractor or third party for any acts or omissions.The liability of the State of Kansas is defined under the Kansas Tort
Claims Act(K.S.A.75-6101 et seq.).
5. Anti-Discrimination Clause: The contractor agrees: (a)to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the
Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act(42
U.S.C. 12101 et seq.)(ADA)and to not discriminate against any person because of race,religion,color,sex,disability,national origin or ancestry,or
age in the admission or access to, or treatment or employment in, its programs or activities; (b)to include in all solicitations or advertisements for
employees,the phrase"equal opportunity employer";(c)to comply with the reporting requirements set out at K.S.A.44-1031 and K.S.A.44-1116;(d)
to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e)that a failure to
comply with the reporting requirements of(c)above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights
Commission,such violation shall constitute a breach of contract and the contract may be cancelled,terminated or suspended,in whole or in part,by
the contracting state agency or the Kansas Department of Administration;(f)if it is determined that the contractor has violated applicable provisions
of ADA,such violation shall constitute a breach of contract and the contract may be cancelled,terminated or suspended,in whole or in part,by the
contracting state agency or the Kansas Department of Administration.
Contractor agrees to comply with all applicable state and federal anti-discrimination laws.
The provisions of this paragraph number 5(with the exception of those provisions relating to the ADA)are not applicable to a contractor who employs
fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total 55,000 or less
during the fiscal year of such agency.
6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals
and certifications have been given.
7. Arbitration,Damages;Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its
agencies have agreed to binding arbitration,or the payment of damages or penalties. Further,the State of Kansas and its agencies do not agree to
pay attorney fees,costs,or late payment charges beyond those available under the Kansas Prompt Payment Act(K.S.A.75-6403),and no provision
will be given effect that attempts to exclude,modify,disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies
at law,including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
8. Representative's Authority To Contract: By signing this contract,the representative of the contractor thereby represents that such person is duly
authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.
9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for,nor indemnify a contractor for, any federal,state or
local taxes which may be imposed or levied upon the subject matter of this contract.
10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other
subject matter relating to this contract, nor shall this contract require them to establish a"self-insurance"fund to protect against any such loss or
damage. Subject to the provisions of the Kansas Tort Claims Act(K.S.A.75-6101 et seg.),the contractor shall bear the risk of any loss or damage
to any property in which the contractor holds title.
11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to
information pursuant to K.S.A.46-1101 et seer.
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved,
but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."
13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making
of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee
of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding,extension,continuation,renewal,
amendment or modification of any government contract,grant,loan,or cooperative agreement.
Policy Regarding Sexual Harassment
WHEREAS, sexual harassment and retaliation for sexual harassment claims are unacceptable
forms of discrimination that must not be tolerated in the workplace; and
WHEREAS, state and federal employment discrimination laws prohibit sexual harassment and
retaliation in the workplace; and
WHEREAS,officers and employees of the State of Kansas are entitled to working conditions that
are free from sexual harassment, discrimination, and retaliation; and
WHEREAS, the Governor and all officers and employees of the State of Kansas should seek to
foster a culture that does not tolerate sexual harassment, retaliation; and unlawful discrimination.
NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas,
I hereby order as follows:
I. All Executive Branch department and agency heads shall have available, and shall
regularly review and update at least every three years or more frequently as necessary,their
sexual harassment, discrimination, and retaliation policies. Such policies shall include
components for confidentiality and anonymous reporting, applicability to intern positions,
and training.policies.
2. All Executive-Branch department and agency_heads-shall-ensure-that.their-,employees,—
interns, and contractors have been notified of the state's policy against sexual harassment,
discrimination, or retaliation, and shall further ensure that such persons are aware of the
procedures for submitting a complaint of sexual harassment, discrimination, or retaliation,
including an anonymous complaint.
3. Executive Branch departments and agencies shall annually require training seminars
regarding the policy against sexual harassment, discrimination, or retaliation. All
employees shall complete their initial training session pursuant to this order by the end of
the current fiscal year.
.
4. Within ninety (90) days of this order, all Executive Branch employees, interns, and
contractors under the jurisdiction of the Office of the Governor shall be provided a written
copy of the policy against sexual harassment, discrimination, and retaliation, and they shall
execute a document agreeing and acknowledging that they are aware of and will comply
with the policy against sexual harassment, discrimination, and retaliation.
5. Matters involving. any elected official, department or agency head, or any appointee of the
Governor may be investigated by independent legal counsel.
6. The Office of the Governor will require annual mandatory training seminars for all staff,
employees, and interns in the office regarding the policy against sexual harassment,
discrimination, and retaliation, and shall maintain a record of attendance.
7. Allegations of sexual harassment, discrimination, or retaliation within the Office of the
Governor will be investigated promptly, and violations of law or policy shall constitute
grounds for disciplinary action, including dismissal.
8. This Order is intended to supplement existing laws and regulations concerning sexual
harassment and discrimination, and shall not be interpreted to in any way diminish such
laws and regulations. The Order provides conduct requirements for covered persons, and
is not intended to create any new right or benefit enforceable against the State of Kansas.
9. Persons seeking to report violations of this Order, or guidance regarding the application or
interpretation of this Order, may contact the Office of the Governor regarding such matters.
Agreement to Comply with the Policy Against Sexual Harassment, Discrimination, and
Retaliation.
I hereby acknowledge that I have received a copy of the State of Kansas Policy Against Sexual
Harassment, Discrimination, and Retaliation established by Executive Order 18-04 and agree to
comply with the provisions of this policy.
(7--(4—,Or t-Aui (-061P`QSOF-)
Signature and Date Printed Name