Ala. Admin. Code r. 130-X-1-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 130-X-1-.09 - Guidelines For Grant Applications

(1) Applying for Grants.

(a) Who May Apply - An applicant for organizational grants must be an incorporated, nonprofit organization, with articles of incorporation on file with the State of Alabama, and be qualified as a tax-exempt organization to which donations are allowable as a charitable contribution, or be a unit of state, county, or local government.

1. Individuals may apply for the following grant types:

(i) Fellowships;

(ii) Folk Arts Apprenticeships;

(iii) Technical Assistance;

(iv) Public projects with an eligible organization serving as fiscal agent.

2. Grants will be awarded only for projects within the State of Alabama. Exception will be made only when ASCA is a participant and/or recipient of grants from the National Endowment for the Arts or other agency for projects carried out in cooperation with other state, regional or national arts agencies.

(b) Grants Criteria - In giving full and complete consideration to the many applications that are received, the Council follows certain criteria in its process. The criteria are presented and specified for each program area in "Guidelines for Grants and Fellowships" but generally include items such as:

1. Ability to successfully implement proposed project;

2. Administrative competence;

3. Artistic growth and development;

4. Artistic quality;

5. Continuation of the project without ASCA's support;

6. Creativity;

7. Outreach to new and minority audiences;

8. Public service;

9. Regional/community impact and need;

10. Clarity of project and goals;

11. Evidence of community support;

12. Consistency with grant guidelines;

13. Financial commitment of the applicant and community to be served;

14. Previous record of successful project management;

15. Soundness of project design and fiscal plan;

16. Public access and awareness of the project;

17. Accessibility to all individuals, regardless of ability;

18. Service to Alabama.

(c) Areas Not Supported;

1. Activities for which academic credit is given;

2. Activities outside of Alabama (With the exception of National Endowment of the Arts, National Assembly of State Arts Agencies, and South Arts projects);

3. Contingency funds;

4. Expenses incurred before the starting date of period covered in the grant request;

5. Fundraising;

6. Investment of any kind;

7. Projects not available to the general public;

8. Projects which have sectarian or religious purposes;

9. Receptions and refreshments;

10. Projects sponsored by or taking place on college or university campuses which exclude non-students or are part of a required course or curriculum. College and university-based projects are eligible for funding only when they involve and serve a significant percentage of non-student populations as participants/audience. Cooperation with local arts councils and other arts organizations in such cases would be very beneficial for all parties concerned with the promotion of the art in our state.

(d) Legal Assurances. - All applications submitted must be signed by the individual applicant, or, in the case of an organizational grant, an authorized official representing the applicant organization. An applicant's signature signifies agreement with the legal and technical requirements set forth in these guidelines.

1. A written signature is not necessary for documents sent electronically. An electronic signature, such as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record is acceptable.

2. ALL APPLICANTS RECEIVING ASCA'S FUNDS MUST COMPLY WITH:

(i) Title VI, Civil Rights Act of 1964. It provides in part 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 assistance."

(ii) Section 504 of the Rehabilitation Act of 1973, as amended. It provides in part that "No otherwise qualified handicapped individual in the United States, as defined in Section 7(6), shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

(iii) Section 504 of the Rehabilitation Act of 1973, as amended, provides that no otherwise qualified individual with a disability in the United States shall, solely by reason of his/her disability, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance (29 USC 794)

The American with Disabilities Act of 1990 (ADA), as amended, prohibits discrimination on the basis of disability in employment (Title 1); State and local government services (Title II); and places of public accommodation and commercial facilities (Title III) (42 USC 12101-12213). The ADA's requirements apply regardless of whether you receive federal funds.

(iv) Title IX. Educational Amendment of 1972. It 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 subjected to discrimination under any educational program or activity receiving federal financial assistance."

(v) Fair Labor Standards. All professional performers and related or supporting professional personnel employed on projects or productions which are financed in whole 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.

(vi) No part of any project or production which is financed in whole or in part under this grant will be performed under working conditions which are unsanitary, 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 of Alabama is sufficient.

(e) Period of Support - The period required to plan, implement, and complete the proposed activity must fall with ASCA's fiscal year - October 1 through September 30. Exceptions are only for appropriated funds that extend into multiple fiscal years (i.e. "rolled over").

(f) Acknowledgment of Support - All organizations receiving grants from ASCA must include in all promotional publicity, advertising and in any printed program for the project the following credit line:

1. "This project is sponsored by (grantees name) and the Alabama State Council on the Arts with the assistance of the National Endowment for the Arts, a federal agency."

2. This statement shall appear in all publicity, advertising or promotional material regardless of the level of funding support by ASCA. In written material, the same size type must be used for the entire credit line. This statement must be displayed in the most appropriate and conspicuous manner.

(g) Contracts, Reports, Evaluation, Payment -When a grant is approved, a grant letter and/or contract is forwarded to the applicant specifying the terms of the grant. After the applicant agrees to the terms, no major changes in the project can occur either in Activities, personnel or budget unless approved in advance by ASCA. Accurate records, including in-kind funds document, must be kept for a period of three years. Financial records must be available for audit upon request.

1. A final narrative and financial report is required of all grant recipients. The form for submitting this final report is a part of the contract announcing the grant award and should be read by the chief administrative officer and the project director before the project begins so they will know in advance the types of information required by the Council. Final reports are due within thirty days after the end of the project.

2. All grantees will be required to complete proper evaluation forms. In addition to the written evaluation, grantees may expect visits by Council Members, Advisory Panels or the ASCA staff. Announcements of supported events must be sent to the Council's office no later than three weeks in advance before the event. The grantees are expected to admit Council Members, advisory panel members or the ASCA staff, free of charge, to events supported by ASCA.

3. To broaden the scope of evaluation, the Council encourages grantees to undertake additional methods of evaluating their own programs. This can be accomplished by audience surveys, participant evaluations, questionnaires, and the use of outside evaluators.

4. Grant funds will be paid to the grantee one-half in advance and one-half after the project is completed and a final report has been received in ASCA's office except in the case of Operational Support and Statewide Partnership Grants which are paid in quarterly installments.

(h) Cancellation ASCA reserves the right to withhold or cancel funds allocated to grantee in the event the grantee does not meet the specific reporting deadlines or changes the project without prior approval from ASCA.

(i) Future Funding - Support for a project does not imply future Council support. Each year, applications are considered in relation to other application and the amount of funds available.

(2) Grants Review Process.

(a) Staff Review - When applications are received they are reviewed by the fiscal officer, along with appropriate staff members for basic eligibility, and completeness. If any technical inaccuracies are found the applicant maybe requested to provide corrections within boundaries of reason precluding the total reworking of an application.

(b) Advisory Panels - The Council staff appoint panels of distinguished professional and community representatives in specific discipline areas. It is their responsibility to review applications and to make recommendations to the Council on the artistic quality and merit of each application. After the initial staff review of recommendations, these recommendations are made as an official part of the review process and made available to the Grants Review Committee and the full Council.

(c) Grants Review Committee - The Grants Review Committee, consisting of Council members appointed by the chairman, is responsible for meeting and reviewing all applications and advisory panel reports, and recommending levels of funding to the full Council.

(d) Council Review - At a meeting of the full Council, the Grants Review Committee reports its recommendations. The Council may accept, reject or adjust those award amounts recommended by the Grants Review Committee. The entire Council is responsible for final decisions, and all Council decisions are reached by a majority vote.

(e) Notification - All applicants are notified in writing of the Council's final decision. If an applicant is funded, but for an amount less than the request amount, accepting the revised grant amount is part of the Grant Agreement document signed by both parties.

(3) Categories of Support.

(a) Grants - The Council offers grants in areas of design arts, dance, education, folk arts, community arts, expansion arts, media arts, literature, museums, music, opera, special projects, theatre, visual arts and crafts, cultural facilities and individual artist fellowships. Any organization which is incorporated as a nonprofit tax-exempt organization to which donations are allowable as a charitable contribution, or is a unit of state, county, or local government is eligible to apply. Other details for grants are outlined in guidelines Guidelines for Grants and Fellowships are published, maintained on-line and distributed widely to all those interested in submitting an application and/or knowing about the grants program. The guidelines are maintained in the Council office and are hereby referenced in the Administrative Code.

1. The Alabama State Council on the Arts reserves the right to adjust any and all guideline provisions as it deems appropriate to fulfill its mandate and will notify potential applicants accordingly.

Ala. Admin. Code r. 130-X-1-.09

Filed September 30, 1982.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/26/2018.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 09, June 30, 2021, eff. 8/14/2021.

Author: Elliot A. Knight

Statutory Authority:Code of Ala. 1975, §§ 41-9-40 through 41-9-47.