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Legal Requirements
Link
Policy We are pleased to provide links to other organizations as a service.
Links on this site may take you to sites over which the
Arts Commission and the State of Arizona have no control. The
Arts Commission assumes no
responsibility for the content of the material contained at any site or
for the accuracy of any information that is found there. The content of
any site or link not maintained by the Arizona Commission on the Arts
or the State of Arizona does not necessarily reflect the opinions, standards or policies of the
Arts Commission, the State
of Arizona, its officials, agents or employees.
Legal
Requirements for Grantees/Applicants
Applicant organizations must adhere to federal and state
fair labor, civil rights, handicapped accessibility regulations, age
discrimination statutes, regulations regarding lobbying with appropriated
monies, and accounting record requirements.
1) Fair Labor Standards: All professional performers and
related or supporting professional personnel employed on projects or
productions which are financed in whole or in part under the grant will be
paid, without subsequent deduction or rebate on any account, not less than
the minimum compensation as determined by the Secretary of Labor to be the
prevailing minimum compensation for persons employed in similar
activities.
No part of any project or production which is financed
in whole or in part under the grant will be performed or engaged in 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 the State in which the
performance or part thereof is to take place shall be prima facie evidence
of compliance.
2) Civil Rights: Title VI of the Civil Rights Act of
1964 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 subject to discrimination under any program
or activity receiving Federal financial assistance (Section 601).
Title IX of the Education Amendments of 1972 provides
that: No person in the United States shall on the basis of sex be excluded
from participation in, be denied the benefits of, or be subject to
discrimination under any education program or activity receiving Federal
financial assistance.
3) Disabilities: Section 504 of the Rehabilitation Act
of 1973 provides that: No otherwise qualified handicapped individual in
the United States, as defined in Section 7(6)* shall, solely by reason of
his/her handicap, be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity receiving Federal assistance.
The Americans with Disabilities Act (ADA) prohibits
discrimination on the basis of disability in employment (Title I), state
and local government services (Title II) and places of public
accommodation and commercial facilities (Title III). Like Section 504
regulations, the ADA's definition of a disabled person extends beyond
those who are visually, hearing, mobility, and learning impaired to
include individuals with AIDS or infected with HIV, the AIDS virus.
*For the purposes of Section 504, the term
"handicapped individual" means any person with (a) a physical or
mental disability which substantially limits one or more of such person's
major life activities, (b) has a record of such a disability, or (c) is
regarded as having such a disability.
4) Age Discrimination: The Age Discrimination Act of
1975 provides for nondiscrimination in Federally assisted programs or
activities on the basis of age.
5) Lobbying with Appropriated Monies: In accordance with
a Congressional directive, grantees are requested to note the following
provisions of federal law regarding the use of federal funds for lobbying
activities:
18 U.S.C. Sec. 1913 Lobbying with appropriated monies.
"No part of the money appropriated by any enactment
of Congress shall, in the absence of express authorization by Congress, be
used directly or indirectly to pay for any personal service,
advertisement, telegram, telephone, letter, printed or written matter, or
other device, intended or designed to influence in any manner a Member of
Congress, to favor or oppose, by vote or otherwise, any legislation or
appropriation by Congress, whether before or after the introduction of any
bill or resolution proposing such legislation or appropriation;
"But this shall not prevent officers or employees
of the United States or of its departments or agencies from communicating
to Members of Congress on the request of any Member of Congress, through
the proper official channels, requests for legislation or appropriations
which they deem necessary for the efficient conduct of the public
business."
In addition, use of federal grant funds for lobbying
activities is prohibited by OMB Circular A-122.
6) Accounting Records Supported by Source Documentation:
Because grant awards are made up, in part, of Federal funds from the
National Endowment for the Arts, recipient organizations (sub grantees)
are required by the Federal Office of Management and Budget to maintain
accounting records which are supported by source documentation, should
there arise the need to audit the organization's use of grant funds. For
information on procedures for determining the allowability and
allocability of costs, recipient organizations should consult OMB Circular
A-87 if the sub grantee is a state or local governmental agency, A-22 if a
nonprofit organization, or A-21 if an educational institution.
Legal Terms
EEOA
- The
Arizona Commission on the Arts is an Equal Employment Opportunity
Agency.
Errors - Every effort has been
made to provide accurate and timely information, but errors can occur
and the Arizona Commission on the Arts and the State of Arizona are
not responsible for any results of this information not being
accurate.
External links to other sites
are intended to be informational and do not have the endorsement of
the State of Arizona or of the Arizona Commission on the Arts. The
State of Arizona and the Arizona Commission on the Arts are not
responsible for the contents of any off-site pages referenced.
Copyright - Any and all
documents available from this server may be protected under the U.S.
and Foreign Copyright Laws. Permission to reproduce may be required.
Accessibility - Every effort is
made to ensure the accessibility of information on this web site.
Please let us know is you encounter any problems. Documents on this
site are available in alternative formats by contacting the Arts
Commission at (602) 255-5882.
Privacy - The State of Arizona
is currently formulating policies regarding privacy of information
gathered through its web sites. In the meantime, be aware that
personal information provided to the State may be covered under Public
Records laws and may be made available to the public on demand.
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