Wyoming Arts Council

Fiscal and Federal Requirements

The Wyoming Arts Council is the “Recipient” of the Federal and State funds we receive.  When we award a grant to an organization or individual artist,  we then re-grant our funds to them, and they become the “Sub-Recipient”.  If the applicant organization uses a Fiscal Sponsor to apply,  the Fiscal Sponsor becomes the “Sub-Recipient”, because the grant payment is actually issued to them.

Information for grants paid with Federal funds that you need to be aware of to ensure that you meet Federal regulations

-Federal Agency Awarded these Funds: National Endowment for the Arts

-Pass-through Entity: Wyoming Arts Council

-Award Contact:   Michael Lange

-Award Title: State Arts Agency Partnership Agreement

-CFDA # and Name:  #45.025-Promotion of the Arts

-Federal Award ID# (FAIN)  #15-6100-2054

-Federal Award Date: 07/01/2015

-Federal Award Project Description: To support Partnership Agreement activities

 

Following are requirements all Sub-Recipients need to be aware of when they are awarded a WAC grant:

Award Letter
After the grant has been awarded, the Grant Seeker will receive an Award Email that contains critical information about the grant, so review it carefully.

 

Subgrantee Award Agreement

  • The Grant Seeker will be mailed a Subgrantee Award Agreement four to six weeks after the grant was awarded.
  • The Sub-Recipient must meet all conditions outlined in this Agreement, as well as in Attachment A and Attachment B to this Agreement.   Current copies of the Subgrantee Award Agreement, Attachment A and Attachment B can be found at:  http://wyoarts.state.wy.us/grants/guidelines-requirements/ .
  • This Agreement is a legal contract between the Sub-Recipient and the Wyoming Arts Council, so review it carefully.
  • The Agreement must be signed by two legal representatives of the applicant organization.  If the applicant organization used a Fiscal Sponsor, then a legal representative of the Fiscal Sponsor organization must provide one of the signatures.  Individuals artists only need to provide their signature.
  • Make a copy of the signed Agreement to keep for your records.
  • Mail the signed three page original Agreement back to the Arts Council within 30 days after you receive it, using the self addressed stamped envelope that was included with the Agreement.
  • Once the Arts Council receives the signed Agreement, your grant payment can be issued.

 

Payment

  • Can only be issued to Sub-Recipients who are registered in the State of Wyoming’s database.
  • Sub-Recipients who are not currently registered in the State database should:
    • Go to the State Auditor’s web page at  http://sao.wyo.gov/vendor-resources to get details about how to be added to the State database and/or how to update your information in the database.
    • Download and print copies of the most current version of the Vendor Forms.
    • Fill out and sign the Vendor forms.
    • If you wish to receive your state payments via Electronic Funds Transfer (EFT), be sure to attach an actual voided check to the form.  Copies of voided checks will not be accepted.
    • Mail Vendor Forms to the Wyoming Arts Council, 2301 Central Avenue, Cheyenne WY  82002.  Forms cannot be faxed.
    • Submit all Vendor Forms immediately after you receive the award email, because it takes the Auditor six to eight weeks to process Vendor Forms.  Submitting them before you receive the Subgrantee Award Agreement will allow sufficient time for these forms to be processed before you return your signed Agreement back to us to issue your grant payment.
  • Will be issued within 30 days after we receive your signed Agreement back (provided the Sub-Recipient is currently registered in the State of Wyoming database).

 

Sponsorship Acknowledgement

  • The Wyoming Arts Council, National Endowment for the Arts and the Wyoming State Legislature must be acknowledged prominently as a funding source in all materials and announcements related to activities funded for the duration of the grant award.
  • Go here for details:   http://wyoarts.state.wy.us/grants/logos/ .
  • If grant funds were provided for specific components of a larger project, then acknowledgement should just be for the components the Arts Council funded, and not the entire project.

 

Changes

  • Your grant was approved based upon the information you provided in the original grant application.  Should it become necessary to make any changes to your project, or if you will not be able to complete the project because of the level of funding you received, you must notify the Arts Council immediately.  Go here for details:  http://wyoarts.state.wy.us/grants/guidelines-requirements/.

 

OMB Circular A-133 Audit Requirements

  • Federal law requires the Arts Council to determine if any organization we awarded Federal funds to also received Federal funds from any other sources during the previous fiscal year.   This requirement does not apply to individual artists.
  • A OBM Circular A-133 Audit Requirement form has to be submitted from all Sub-Recipients who received a grant to determine if they received $750,000 or more in federal funds from all sources during the fiscal year  the grant was awarded in (July 1 to June 30).
  • Each spring, the Arts Council mails a cover letter, along with the federally required OMB Circular A-133 Audit Requirements form, to the Grant Seeker for all organizations who received Federal funds from us during the previous fiscal year.
    • The OMB Circular A-133 Audit Requirements form has information on both sides of the form that must be filled out, and then the form should be returned to the Arts Council by the due date specified in the cover letter.
    • If an audit is required and it is not available when you mail in the OMB Circular A-133 Audit Requirements form,  we ask that you include a second copy of the OMB Circular A-133 Audit Requirements form with your audit when you mail it to the Arts Council at a later date.  A letter stating how any audit findings are being handled should also be provided.
    • Audits must be received no later than June 30th, and can be mailed in or sent to us electronically.
  • The Grant Seeker is responsible for ensuring that the OMB Circular A-133 Audit Requirements form is completed and returned back to the Arts Council by the designated deadline.  If a Fiscal Sponsor was used, the Grant Seeker must work with them to ensure that the form is returned by the deadline.  The Sub-Recipient whose name appeared on the grant payment is the one who must fill out/return the OMB Circular A-133 Audit Requirements form.

 

Records Retention

  • All financial records, supporting documents, statistical records and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three (3) years from the date the Wyoming Arts Council submits our Final Financial Report to the National Endowment for the Arts.

 

Final Report

  • Will be released to the Grant Seeker electronically on the Project End Date.
  • Contact the Arts Council at (307) 777-7742 if you wish to begin work on your Final Report earlier than your Project End Date.
  • Final Reports are due within 60 days of your Project End Date.
  • Go to for details: http://wyoarts.state.wy.us/grants/final-reports/ .

 


 

Unique Entity Identifier/DUNS # Requirement

All organizations who apply for a WAC grant are required to provide us with a unique entity identifier, which is currently a Dun & Bradstreet number, or DUNS#.  This # is used for applying for, and obtaining, Federal funds.

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  • A DUNS # should reflect the organization’s legal name and current, physical address.
  • A DUNS # is FREE to obtain.
  • The WAC may only make subawards to entities who have a valid DUNS#.  If you are using a Fiscal Sponsor, then they need to have a DUNS #, which should be listed in the request on the Fiscal Sponsor page.
  • This meets the requirements of the Federal Funding Accountability and Transparency Act (FFATA).
  • Many large organizations and all public schools/government organizations already have a DUNS #, so check with your Business Office before you apply for a new DUNS #.
  • Do not use another organization’s DUNS #.
  • Grant requests can go through the WAC review process without a DUNS #, but they cannot be awarded until the WAC has received the DUNS #.
  • NOTE: DUNS # do not apply to individuals, just organizations.

If your organization, or Fiscal Sponsor (if used), does not have a DUNS #, you should apply for it as soon as possible.

  • It can take 30 days to receive your free DUNS #.
  • You may enter a dummy DUNS # (123456789) in the e-granting system, until you receive your own DUNS #.
  • Once you receive your own DUNS #, you should provide the # to WAC staff so they may enter it for you in our e-grant system.
  • Click on this link to apply for your new DUNS#:  Dun & Bradstreet website.
  • You will need to have the following information to request a DUNS #:
    • Organization Name
    • Organization Address
    • Local Telephone #
    • Name of CEO or Organization Owner
    • Legal structure of the Organization
    • Year the Organization started
    • Primary line of business
    • Total # of employees
  • The first thing you are asked to do is search for your organization. It will bring up all organizations that it thinks are matches. Select the match, if it is there. If you don’t match with one of the organizations listed, then you scroll down and select option 2, which allows you to sign up for a number for free.


 ADDITIONAL FEDERAL REGULATIONS

Debarment and Suspension (45 C.F.R. pt. 1154)  Expand

The applicant certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in covered transactions by any federal department or agency, nor has, 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 is 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) Expand

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 National Endowments for the Arts and Humanities.

 

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

Grantee organizations, within 30 days of receiving a grant, 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 such employees that they are expected to abide by the terms of 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 statute 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 Arts Endowment’s Grants & Contracts Officer, in writing, within ten calendar days of receiving such notice from its employee. The grantee’s notice to the Arts Endowment must include the convicted individual’s position title and the number(s) of each affected grant.
  • Within 30 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.

 

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

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 must comply.

If the proposed project, including the planning stage, has environmental implications (e.g., an arts festival in a park or the commissioning and installation of an outdoor sculpture) the applicant may be requested to provide information to the WAC in response to specific questions in accordance with the National Environmental Policy Act.

If the proposed project includes the planning for major renovation of any structure that is eligible for or on the National Register of Historic Places the applicant may be requested to provide additional information on its project to ensure compliance with the National Historic Preservation Act. This law also applies to planning for new construction that would affect historic properties. If a structure for the proposed project is more than fifty years old, contact the State Historic Preservation office at 307-777-7697 for more information.

 

NONDISCRIMINATION STATUTES

The applicant certifies that it does not discriminate: Expand

  • 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 you receive 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.).

For further information and copies of the nondiscrimination regulations identified above, contact the Arts Endowment’s Office of Civil Rights at 202/682-5454 or 202/682-5695 Voice/T.T.Y. For inquiries about limited English proficiency, go to www.lep.gov or contact the Office of General Counsel at ogc@arts.endow.gov or 202/682-5418.

 

Assurance of Compliance

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By signing the Subgrantee Agreement, the applicant certifies that it is in compliance with the statutes outlined here and with other WAC regulations and that it will maintain records and submit the reports that are necessary to determine compliance.
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