After notification of your award, you will be receive a Cultural Services Contract that details one or more grants awarded to your organization. The Cultural Services Contract is a binding legal agreement that requires the grantee to carry out certain activities or provide services, paid for, in part, with funding received from the NYSCA. These requirements include:
Noncompliance with the terms of the Cultural Services Contract may require the return of funds to the state, and may affect eligibility for future requests for NYSCA support.
The initial grant payment is made on all contracts following full execution of the contract. Contracts that are below $10,000 will have the terms and conditions that are attached to the grant award. These terms are deemed executed once the grantee has signed and returned by email the one page grant confirmation document attached to the award Contracts that are at or above $10,000 in total will have the terms and conditions set out in the Grants Gateway system. Grantees must proactively enter the Grants Gateway system to complete, review and electronically sign grant contracts. A Step-by-Step Contract Guide to completing your contract in Grants Gateway follows. Please make sure to promptly work to execute your contract prior to the contract start date and be on the alert for notifications and communications from NYSCA regarding your contract.
To find a full version of your Grants Gateway contract, log in as a Delegated Admin or Contract Signatory on Grants Gateway and find the Contract Main Menu of the specific project. You will then be able to download a full PDF of your contract from the Forms Menu under “Contract Preview” (includes signatures, terms, funding breakdown, and full workplan.) You should download a full version of your executed contract for financial and administrative record-keeping.
Interim and Final Reports
All grantee organizations that are awarded a contract in an amount of $50,000 or more in a single year or $50,000 or more in the aggregate for a multi-year contract, must submit Three-Month and Six-Month Interim Reports and Final Report to NYSCA.
Grantees awarded less than $50,000 either in a single year or in the aggregate, are paid in full upon the later of the full execution of the contract and the start of the contract term and required to submit only a Final Report within 60 days of the end of the contract term.
- All reports are submitted in the NYSCA.org online portal.
- All reports require a financial report entered directly on the NYSCA website on how the NYSCA funded project has progressed to date, including actual income and expenses of the funded project. Project expenses should include any NYSCA grant funds expended to date. Highlighting specifically where such spending has occurred within the project budget spending line items is helpful as part of the notes section. The report should reflect actual income and expense for the relevant period of the contract (3-Month Report: first three months; 6-Month Report: first six months; Final Report: entire contract period). Any surplus or deficit (including those related to timing) should be explained in the notes. Reports do not need to be based on audited financial statements and the source can be noted in the notes. A pro-rated budget or forecast is not acceptable as a report. Reports must demonstrate consistency with the project and expenditure budgets presented in the application and the grant contract.
- The 6-Month and Final Reports also require a narrative section entered directly on the NYSCA website that must address the actual accomplishment of the work plan, tasks, performance objectives and measurement outlined in the original application and contract terms. For the 3-Month Report, which has no narrative section, it can also be helpful to state in the financial report notes section that the project is proceeding according to the grant contract or briefly note any material known financial or programmatic challenges that could impact the full performance of the grant terms during the entire contract period.
- The Interim Reports are due after the start of the contract term. The exact due date will be included in your contract. Generally the Three-Month Report is due three months after the start of the contract term and the Six-Month Report is due 6 months after the start of the contract term. NYSCA staff will review the reports. If satisfactory, your second payment will be released after approval of the Three-Month Report and your third payment will be released after approval of the Six-Month Report.
- The Final Report is due within 60 days after the end of your contract term.
All grantee organizations that are awarded a contract in an amount of $50,000 or more in a single year, or $50,000 or more in the aggregate for a multi-year contract, generally receive 25% of their annual contract amount upon the later of the full execution of the contract and the start of the contract term, 55% of the annual contract amount after approval of the Three-Month Interim Report and the remaining 20% after approval of the Six-Month Interim Report.
Grantees awarded less than $50,000 either in a single year or in the aggregate, are paid in full upon the later of the full execution of the contract and the start of the contract term.
NYSCA is no longer requiring that organizations also sign and submit separate claim for payment vouchers at this time to receive grant payments. Your execution of the contract and submission of an Interim Report, as applicable, constitutes your representation to New York State that your organization is due the applicable payment.
Check the status of your grant payment with New York State at any time by logging into the State Financial System (SFS) Vendor Self-Service Portal. The vendor portal allows you to search for invoices, purchase orders and payments (dating back to April 2012). The information provided will tell you:
- who issued the payment and on what date,
- what invoices are associated with the payment or purchase order,
- whether a purchase order has been approved, and
- when you can expect to be paid from an invoice.
To update vendor information and/or access, such as bank account information for electronic payments (ACH), address and contact information, click here. We strongly recommend that all grantees sign up for electronic payments to ensure prompt and secure payments as electronic payments may become mandatory for all NYSCA grantees in the near future. For help using the SFS Vendor Portal, click here. For additional questions regarding payments, please contact the Help Desk.
Audit Inquiry Requests
NYSCA is no longer responding to audit inquiry requests to confirm the terms and payments of grant contracts. Information that may be helpful to your auditor is made available by New York State through the Grants Gateway portal contracts module, the SFS Vendor Portal and on the “Search NYSCA Grants” feature of the NYSCA website. Auditors should only request that your organization contact NYSCA for information after specifically reviewing these public materials and identifying any differences between the organizational records and that of New York State.
Grantees are required to acknowledge funding from New York State. It is essential that the public is informed that public funds are used to support arts programs and services available to New York State residents, students and visitors. Therefore it is stipulated in the Cultural Services Contract that grantees must credit the Council in materials offered to the public including press releases, advertisements and programs. Failure to comply with crediting requirements may jeopardize future funding from the Council.
The required crediting language is:
For grantees of NYSCA’s 15 Programs:
[NAME OF PROGRAM/PUBLICATION/SERVICE] is made possible by the New York State Council on the Arts with the support of Governor Andrew M. Cuomo and the New York State Legislature.
General Operating Support grantees may adapt the crediting language as follows:
[ORGANIZATION’S PROGRAMS ARE] made possible by the New York State Council on the Arts with the support of Governor Andrew M. Cuomo and the New York State Legislature.
For Regional Economic Development Council initiative grantees:
[[NAME OF PROGRAM/PUBLICATION/SERVICE] is made possible by the New York State Council on the Arts under Governor Andrew M. Cuomo’s Regional Economic Development Council Initiative.
For organizations receiving general support, acknowledgement of NYSCA support is required for all public programs and services occurring within New York State. If the grant funded projects or services, the acknowledgement of NYSCA support is required on all materials related to the specific funded activities.
For organizations wishing to incorporate the Council’s logo in their print or online materials, the logo is available in Green, Black and White. Each zip folder contains .EPS, .TIFF and .PNG format of the logo. Black and green logos are also provided in .PDF and .JPG formats. The logo may not be substituted for the required crediting language but may be used in addition to the required language.
State procurement laws require that state contracting entities award contracts only to responsible vendors. Additionally, the State Comptroller must be satisfied that the submitting business entity is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 (9)(f) of the SFL requires that prior to making an award of a contract, each contracting entity shall make a determination of responsibility of the proposed contractor.
As a result, once a state contracting entity, in accordance with the applicable procurement statute, has determined which business entity(ies) should be awarded a contract, the contracting entity must affirmatively determine that such business entity(ies) is responsible before it can award the contract to such business entity(ies) and execute any contract(s). Furthermore, the State Comptroller will not approve a contract unless he or she concurs that the business entity is responsible.
NYSCA fully reviews any and all information available which includes but is not limited to on-line presence, public records, past performance of State contracts, responsiveness, and any other information we, as the contractor may request in order to make a responsibility determination. NYSCA expects an applicant [vendor] to disclose any information or documentation relevant to the scope of the review, the contract and disclose this on the Vendor Responsibility Questionnaire as necessary.
Whether a business entity is "responsible" is a question of fact to be determined on a case-by-case basis. Based upon existing legal precedents, responsibility determinations can and should involve a review of the following four major categories:
1. Does the business entity possess the integrity to perform the contract? Factors to be considered include criminal indictments, criminal convictions, civil fines and injunctions imposed by government entities, anti-trust investigations, ethical violations, tax delinquencies, debarment or suspension by a government entity, prior determinations of integrity-related non-responsibility, etc.
2. Has the business entity performed at acceptable levels on other government contracts? Factors to be considered include reports of less than satisfactory performance, early contract termination for cause, contract abandonment, court determinations of breach of contract, etc.
3. Is the business entity legally capable of performing the contract? Factors to be considered include authority to do business in New York State, licensing (e.g. with the Education Department or Department of State), debarment by the State Labor Department due to a prevailing wage violation, etc.
4. Is the business entity financially and organizationally capable of performing the contract? Factors to be considered include assets, liabilities, recent bankruptcies, equipment, facilities, personnel resources and expertise, availability inconsideration of other business commitments, existence of appropriate accounting and auditing procedures for control of property and funds, etc.
Updating and certifying the online questionnaire An online questionnaire is considered “current” if it has been certified within six months of the agency-defined due date for the questionnaire. However, even where there is a current certified online questionnaire, it is the vendor’s responsibility to ensure that the questionnaire reflects any material changes that have occurred since it last certified the questionnaire. NYSCA (or the State Comptroller’s Office) may require updates at other times, such as when information has become known about a vendor that raises a concern.
To update or enroll in the New York State VendRep System, see the VendRep System Instructions available at http://www.osc.state.ny.us/vendrep/index.htm