Your Grantee Contract
After notification of your award, you will 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 Council.
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 Council support.
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 both an Interim Report and Final Report to NYSCA.
Both reports require:
- a narrative section that must address the work plan, tasks and performance objectives outlined in the original application.
- an expenditure report of how the NYSCA grant money has been spent to date. The expenditure report should be a line-item budget and should be accompanied by receipts, invoices and other documentation that demonstrates that the work has been performed or is scheduled to be performed or is underway and funds are committed to the project.
The Interim Report is due after the start of the contract term. The exact due date will be included in your contract. NYSCA staff will review the Report. If satisfactory, your second claim installment payment voucher will be released. A Final Report is due within 60 days after the end of your contract term.
Grantees awarded less than $50,000 either in a single year or in the aggregate, are required to submit only a Final Report within 60 days of the end of the contract term.
PLEASE NOTE: An organization will not be eligible to register for new or ongoing (multi-year) funding or to be issued new Cultural Services Contract(s) if the above required Reports are not submitted or if the submitted Reports are incomplete or rejected by staff.
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 press releases, advertisements, programs, and other materials offered to the public. Failure to comply with crediting requirements may jeopardize future funding from the Council.
The required crediting language is:
[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.
For organizations receiving general support, acknowledgement of Council support is required for all public programs and services occurring within New York State. If the grant funded projects or services the acknowledgement of Council support is required on all materials related to the specific funded activities.
Any questions about proper acknowledgement of Council support may be directed to the Help Desk.
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