10.111.611    GRANT CONDITIONS

(1) No 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 period.

(d) Changes in non-profit tax exempt status.

(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 appropriate form,

(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 place of 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 compliance.

(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 this contract.

(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 receipt 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 Fed-eral government.

History: Sec. 22-2-102 MCA; IMP, Sec. 22-2-102 MCA; Eff. 12/31/72.