CONTRACT NO. EFFECTIVE DATE DEPARTMENT PROGRAM
FY25 AE 24 July 1, 2024 4293201010 1461801
SUBCLASS NO. ACCOUNT NO. SAM UEI FEIN
315 707012 27-2647985
STATE PROJECT FEDERAL/NEA COVID (ARP) PROJECT
FUND SOURCE
CODE PROJECT CODE CODE
01 01000
STATE OF GA FEDERAL/NEA COVID (ARP) FUND TOTAL GRANT
AMOUNT AMOUNT AMOUNT AMOUNT
$ 7600 $ $ 7600
If your organization received FEDERAL/NEA funds,
the CFDA is 45.025 and the federal award number is 1932213-61-24.
If your organization received COVID (ARP) funds, the CFDA is: 21.027.
GEORGIA COUNCIL FOR THE ARTS
ARTS EDUCATION PROGRAM GRANT AGREEMENT FY25
GRANT AMOUNT: $ 7600 START DATE: July 1, 2024
PROGRAM: 01 END DATE: June 30, 2025
STATE OF GEORGIA COUNTY OF FULTON
This Agreement, made and entered into by and between the Georgia Department of Economic
Development, a department of State government of Georgia, on behalf of Georgia Council for the Arts,
(Collectively referred to as “GDEcD” or “GCA”), as Party of the First Part, and
Hawthorne Foundation
2535 Caladium Drive NE
Atlanta, GA 30345
As Party of the Second Part (hereinafter called the Recipient). GCA and Recipient are collectively “the Parties”.
WITNESSETH:
WHEREAS, the mission of GCA is to cultivate the growth of vibrant, thriving Georgia communities
through the arts; and
WHEREAS, GCA goals include using the arts to promote Georgia’s economic growth, to support strong
connections between artists, arts organizations and the public resulting in community connections and an improved
quality of life; to act as a catalyst for increased public awareness of the value of the arts and of Georgia’s rich
cultural heritage; and to invest in the sustainability and advancement of Georgia’s creative sector; and
WHEREAS, GCA provides grant funding to eligible local governments and private non-profit
organizations located within the state who have submitted an application prior to the respective submission
deadline and whose application best meets GCA’s goals; and
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WHEREAS, based upon Recipient's Application for the FY25 Grant ("Application"), GCA has
determined that Recipient is an eligible applicant as defined in GCA's FY25 Grant Guidelines. Although the
Application is not attached herewith, Recipient acknowledges that GCA has relied on the representations in the
Application to determine Recipient's eligibility;
WHEREAS, based upon the Application, GCA has determined that Recipient meets all eligibility
requirements as set forth in the Guidelines; and
WHEREAS, the Georgia Department of Economic Development is authorized and empowered to enter
into Agreements with individuals, organizations and institutions for cooperative endeavors furthering the
objectives of GCA.
NOW THEREFORE, in consideration of the mutual benefits to be derived from the cultural and
educational advantages to the citizens of the State of Georgia, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. SCOPE OF SERVICES PROVIDED BY RECIPIENT
1.1 Recipient agrees to fulfill the goals set forth in its application narrative, a copy of which is below:
The “Brushes & Beyond: A Mural Journey for Young Minds” program aims to introduce students to the
mural arts, artistic process, and the arts as a profession.
Process:
What is Mural Art Discussion Series: Anticipated 4-8 sessions, at least one with each grade level.
Creative Mural Idea Generation Class: Mural location will be determined at this time.
Mural Design: School leadership along with the Foundation Board members will approve the design.
Mural Painting Days: Students, parents, staff, and community members participate in mural painting on
coordinated Paint Days (focus on 4th and 5th grade). This is an opportunity for parents and community
members to engage in the project.
Mural Celebration: Once the mural is complete, the Foundation will host a mural reveal party
Dates: September-Novmeber, 2024
Location: Hawthorne Elementary School, location(s) to be determined during the process.
1.2 Recipient agrees that all expenses will be incurred and work will be completed within the current fiscal year,
July 1, 2024-June 30, 2025 (FY 25).
1.3 Recipient agrees to provide a 50% cash match to the award amount. Matching funds must be received by
June 30, 2025. Failure to produce the proposed cash match results in cancellation of the unmatched portion
of the award. In-kind contributions of goods, services, or space are not allowed as a match.
1.4 GCA agrees to pay Recipient the amount shown on Page One of this Agreement and Recipient agrees to
apply the full amount to its undertaking.
1.5 At any time during the term of this Agreement should there be any discrepancies between Recipient’s actual
performance and the Application’s goals or scope of work, Recipient must immediately contact GCA for
adjustments to this Agreement.
1.6 Any statement or information provided by the Recipient in the Application or in connection therewith that
is found to be intentionally incorrect, misleading, or otherwise misrepresented, may result in termination of
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this Agreement, and, in the event of termination under this paragraph, Recipient shall be required to
immediately reimburse to GCA all funds provided by GCA to the Recipient under this Agreement.
2. ADHERENCE TO LAWS
2.1 GCA requires all grant recipients to adhere to the standards set forth by our partner agency, The National
Endowment for the Arts, including but not limited to the General Terms and Conditions for Partnership
Agreements for National Endowment for the Arts Awards found at Appendix A and the financial regulations
at 2 C.F.R. § 200 et seq. Recipient represents and warrants that that it will adhere to and abide by all
applicable federal and state laws and regulations in the performance of this Agreement, including the
provisions of Appendices A and B (if applicable based upon the use of federal funding), which are
incorporated into this Agreement as if set out fully herein.
2.2 To the extent that this grant is funded with American Rescue Plan Act funding (“ARP Funding”), then
Recipient represents and warrants that that it will adhere to and abide by all applicable federal and state laws
and regulations in the performance of this Agreement, including the provisions contained at the following
link, and which are incorporated into this Agreement as if set out fully herein: https://gaarts.org/wp-
content/uploads/2022/09/ARP-Funds-Terms-and-Conditions-FY23-contracts.pdf.
3. ADHERENCE TO GRANT GUIDELINES
3.1 Recipient agrees to adhere to any additional requirements contained within the applicable GCA grant
guidelines which can be found at https://gaarts.org/grants/arts-education-program-grant/.
4. RECORD RETENTION
4.1 Financial records, supporting documents, and statistical records must be retained for a period of seven (7)
years from the date of submission of the final report. Exceptions include if litigation, claim, or audit is started
before the expiration of the seven-year period, or if GCA notifies Recipient in writing to extend the retention
period.
4.2 Standards for Documentation of Personnel Expenses (2 C.F.R. § 200.430(i)(1)). Charges to awards for
salaries and wages must be based on records that accurately reflect the work performed. General Terms &
Conditions for Grants and Cooperative Agreements to Organizations must support these costs for both the
Federal funds and cost share or matching requirements. GCA may require personnel activity reports or
equivalent documentation if necessary (2 C.F.R. § 200.430(i)(8)).
4.3 Records for equipment must be retained for three (3) years after final disposition (2 C.F.R. § 200.334(c)).
4.4 Access to Federal award information: During the period of performance and the subsequent retention period,
the NEA's Inspector General, the Comptroller General of the United States, or any of its authorized
representatives has the right of access to any documents, papers, or other records which are pertinent to the
Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely
and reasonable access to your personnel for the purpose of interview and discussion related to such
documents. The rights of access in this paragraph are not limited to the required retention period, but last as
long as records are retained (2 C.F.R. § 200.336). Federal award-related information should be collected and
stored in open and machine-readable formats whenever practicable (2 C.F.R. § 200.335). In addition,
restrictions on public access are generally limited to protected personally identifiable information (PPII) and
other FOIA and applicable exemptions (2 C.F.R. § 200.337).
5. EVALUATION
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5.1 Recipient will provide for GCA a Final Report and Final Request for Reimbursement. The final report form,
directions on how to file and specified deadlines can all be found on https://gaarts.org/grants/arts-education-
program-grant/. All grant final reports are due within 30 days of the completion of the project, and no later
than July 31, 2025.
6. ACKNOWLEDGEMENT OF ARTS SUPPORT
6.1 GCA requires all Recipients to recognize GCA in all materials, publications, and programs that are supported
by state funds and in which other funders are credited. This includes programs, newsletters, brochures, fliers,
ads, calendars, posters, press releases, films, videotapes, websites and all electronic transmissions. Note:
any organization receiving operating support funding (Bridge Grant) must provide this recognition for the
entirety of the fiscal year of funding. The GCA logo must be reproduced in the same size and proportion as
that of other sponsors. It must be reproduced as it is provided, without alteration. For additional information
about GCA credit and to access the logo, review https://gaarts.org/grants/gca-logo-requirements/.
6.2 If there is no printed material associated with a program, oral credit must be given. The statement below
must be provided before the event or performance, and during any radio broadcast or audiotape for the
hearing impaired.
"This program is supported in part by Georgia Council for the Arts through the appropriations of the
Georgia General Assembly. Georgia Council for the Arts also receives support from its partner agency -
the National Endowment for the Arts."
6.3 GCA reserves the right to change the language of the required acknowledgement of Arts Endowment
support, as well as the right to disallow the use of our logo and acknowledgement of our support.
Acknowledgment of the National Endowment for the Arts must also be prominently displayed in all
materials and announcements for NEA funded project. For print materials, use the NEA's current logo
whenever possible along with the following phrase: "This project is supported in part by an award from the
National Endowment for the Arts." GCA encourages Recipient to include "To find out more about how NEA
grants impact individuals and communities, visit www.arts.gov." For radio or television broadcast, GCA
requires the following voice-over language: "This project is supported in part by an award from the National
Endowment for the Arts. On the web at arts dot gov." For television broadcast, display of the Arts
Endowment logo and web address is required.
7. IMMIGRATION ACT VERIFICATION PROCESS
7.1 Recipient agrees to comply with the Personal Responsibility and Work Opportunity Reconciliation Act of
1996, 8 U.S.C. §§ 1601-1646, (“PRWORA”), enacted by Congress to regulate the receipt of “public
benefits” by aliens, and the Georgia Security and Immigration Compliance Act (“GSICA”), O.C.G.A. § 50-
36-1 et seq. Where Recipient is an organization, GCA shall verify the lawful presence of the individual who
has signed the Application.
7.2 Prior to any funds being delivered to Recipient, Recipient must complete either the Contractor Affidavit
under O.C.G.A. § 13-10-91 found at Appendix C, verifying that it has registered with and uses the federal
work authorization program commonly known as E-Verify, OR, in the event that Recipient has no
employees, it will complete the Certification of No Employee attached hereto as Appendix D.
7.3 If the funds received under this Grant Agreement will be distributed to individuals or other corporations as
sub-recipients, Recipient is responsible for verifying the eligibility of any pass-through recipient under the
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procedures required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8
U.S.C. §§ 1601-1646, (“PRWORA”) and the Georgia Security and Immigration Compliance Act.
8. DEBARRMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
8.1 In the execution of this agreement, Recipient certifies that Recipient and its principals:
(a) Are not and have not been debarred, suspended, or otherwise excluded by federal agencies as those
terms are defined in Subpart C of 2 CFR 180, as adopted by the NEA in 2 CFR 3254.10;
(b) Have not within a three-year period preceding this Application been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) of this
certification: and
(d) Have not within a three-year period preceding this Application had one or more public transaction
(federal, state, or local) terminated for cause or default.
8.2 Recipient verifies that Recipient is not excluded or disqualified from doing business with the federal
government. Recipient further certifies that Recipient has not been declared ineligible under any other
statutory or regulator authority.
8.3 Recipient’s certification is a material representation upon which this award was based. Recipient shall
provide immediate written notice to GCA if at any time it learns that this certification was erroneous or
becomes erroneous because of changed circumstances.
8.4 Where Recipient is unable to certify to any of the statements in the above certification, Recipient shall
attach an explanation to this Agreement.
9. RESPONSIBILITIES AND LIABILITIES
9.1 GDEcD, GCA, and the State of Georgia, and their respective officers, employees and directors, assigns and
attorneys, assume no liability for damages or injuries arising out of this Agreement or any addendum thereto,
and the responsibilities and obligations of GDEcD under the Agreement are limited to providing not more
than the total grant as set forth in this Agreement.
9.2 Recipient agrees to indemnify GDEcD, GCA and the State of Georgia, and their respective officers,
employees and directors, assigns and attorneys, from any and all known and unknown damages, legal and
equitable claims of every kind and nature -- in tort, Agreement, federal law, state law, constitutional law,
statute and otherwise, known and unknown -- attorney’s fees, costs and expenses of litigation, which
GDEcD, GCA and the State of Georgia may now have or which may hereafter accrue on account of or in
any way arising out of this Agreement or the administration, planning, preparation, development,
conducting, and execution of this Agreement. This provision shall not apply to state or local units of
government or instrumentalities thereof which are prohibited from entering into indemnification
agreements under Georgia law.
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9.3 Recipient agrees to administer, plan, prepare, develop, conduct and execute the Scope of Services described
in accordance with all the terms, conditions, and limitations set forth herein. Recipient agrees that no portion
of these grant funds shall be utilized for the following expenses:
• Capital Expenditures/Equipment, which are permanent fixtures or equipment with a useful life of over
one year that cost more than $5,000 or the capital level cost established. This included:
o Buildings or real estate
o Renovations or improvements involving structural changes
o Roads, driveways, parking lots or projects/repairs
o Permanent or generally immobile equipment
• Fundraising event expenses
• Programming outside of Georgia
• Tuition for college/university study
• Scholarships, prizes, or endowment funds
• Debt and interest associated with capital expenditures
• Depreciation
• Bad debt
• Alcohol
• Entertainment expenses, such as receptions, refreshments, staff or cast parties, staff awards, flowers,
etc.
• Late registration fees for conferences
• Fees paid to lobbyists, lobbying activities
• Severance pay, legal settlements
• Travel and accommodation expenses that are over the rate allowed by the state of Georgia (see
http://gsa.gov/portal/category/100120 for a breakdown of travel rates)
• Any expenses labeled as miscellaneous, other, additional expenses, discretionary expenses, slush fund,
etc.
9.4 In the execution of this Agreement, Recipient agrees to refrain from political activities, including
endorsement of any political candidate or party, use of machinery, equipment, postage, stationary, or
personnel on behalf of any candidate or any question of public policy subject to a referendum, or the display
of political posters, stickers, or other printed material.
10. GENERAL PROVISIONS
10.1 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part
or provision of this Agreement.
10.2 Waiver. A waiver by GDEcD or GCA of any breach of any provision of this Agreement shall not be
construed to be either a waiver of its rights regarding any succeeding breach of any such provision or a
waiver of the provision itself.
10.3 Assignment. Recipient shall not assign all or any part of the rights or obligations under this Agreement
without the prior written consent of GCA, which may be withheld in GCA’s sole discretion. Any permitted
assignment shall be binding on and inure to the benefit of the Parties’ successors and assigns.
10.4 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the
subject matter hereof and supersedes all previous proposals, both oral and written, negotiations,
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representations, commitments, writings and all other communications between the Parties. This Agreement
may not be modified except by an instrument in writing signed by the Parties.
10.5 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws
of the State of Georgia, without reference to its conflicts of law’s provisions. Any action at law, suit in
equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall take
place in the Superior Court of Fulton County, Georgia. The Parties hereby consent to the personal
jurisdiction of the Superior Court of Fulton County, Georgia in any dispute arising from or relating to this
Agreement.
10.6 Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed as creating a
joint venture or partnership between GDEcD/GCA and Recipient. No Party, by virtue of this Agreement, is
authorized as an agent, employee or legal representative of the other except as specifically set forth herein.
10.7 Representation of Authority. Each individual executing this Agreement below represents that he or she has
full authority to execute this Agreement on behalf of the party.
10.8 Boycott of Israel. Recipient certifies that it is not currently engaged in, and agrees for the Term of this
Agreement not to engage in a boycott of Israel, as defined in O.C.G.A. §50-5-85.
10.9 Termination. GCA may terminate this Agreement at any time by giving written notice to the Recipient of
such termination and specifying the effective date thereof.
10.10 Order of Preference. In the event of a conflict between the terms of this Grant Agreement, and any applicable
Appendices or hyperlinks to grant guidelines, the Appendices or hyperlinks to grant guidelines shall control.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS THEREOF, the undersigned do hereby accept the terms and conditions as set forth in the above
Agreement.
RECIPIENT GEORGIA COUNCIL FOR THE ARTS
__________________________________________ _____________________________________
Authorizing Official Signature Executive Director
Kristin Murff
Typed Name: _______________________________ 7/24/2024
Date: __________________________
Vice President 8/20/2024
Title & Date: _______________________________
FEIN: ____27-2647985_____________
SAM UEI: _______________
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APPENDIX A
National Policy and Other Legal Requirements, Statutes, and Regulations that Govern Your Award
You must ensure that the funded project is implemented in full accordance with the U.S. Constitution,
Federal Law, and public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination (2 CFR 200.300).
As a registrant with SAM.gov, in most cases, you have already self-certified to the “Financial Assistance
General Certifications and Representations,” including attesting to the accuracy of the certification and
acknowledging that you may be subjected to criminal prosecution under Section 1001, Title 18 USC, or civil
liability under the False Claims Act if you have misrepresented the information. A copy of this Financial
Assistance Certifications Report is available in your SAM.gov entity registration record.
1. Nondiscrimination Policies
As a condition of receipt of Federal financial assistance, you acknowledge and agree to execute your project,
and require any contractors, successors, transferees, and assignees to comply with applicable provisions of
national laws and policies prohibiting discrimination, including but not limited to:
1.a Title VI of the Civil Rights Act of 1964, as amended, and implemented by the National Endowment for
the Arts at 45 USC 1110, 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 benefits of, or be subject to
discrimination under any program or activity receiving Federal financial assistance. Title VI also extends
protection to persons with limited English proficiency (42 USC 2000d et seq.)
1.b As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, national origin discrimination includes discrimination on the basis of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary. You are encouraged to
consider the need for language services for LEP persons in conducting your programs and activities. For
assistance and information go to www.arts.gov/foia/reading-room/nea-limited-english-proficiency-
policy-guidance.
1.c Title IX of the Education Amendments of 1972, as amended, provides that no person in the United
States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subject
to discrimination under any education program or activity receiving Federal financial assistance (20 USC
1681 et seq.)
1.d The Age Discrimination Act of 1975, as amended, provides that no person in the United States shall, on
the basis of age, be excluded from participation in, be denied benefits of, or be subject to
discrimination under any program or activity receiving Federal financial assistance (42 USC 6101 et seq.)
1.e The Americans with Disabilities Act of 1990 (ADA), as amended, 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) (42 USC 12101-12213).
1.f 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
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from participation in, be denied benefits of, or be subject to discrimination under any program or
activity receiving Federal financial assistance (29 USC 794).
Access should be integrated into all facets and activities of an organization, from day to day operations
to long range goals and objectives. Access accommodations and services should be given a high priority
and funds should be available for these services. All organizations are legally required to provide
reasonable and necessary accommodations for staff and visitors with disabilities.
Section 504 - Self-Evaluation and Additional Resources
i. A Section 504 self-evaluation must be on file at your organization. To help your organization
evaluate its programs, activities, and facilities with regard to Section 504 accessibility requirements,
the Civil Rights Office has a Section 504 Self Evaluation Workbook available on our website.
ii. You should designate a staff member to serve as a 504 Coordinator. The completed workbook or
similar compliance and supporting documentation should be kept on file for a period of three (3)
years from the date the Federal Financial Report (FFR) is filed, and made available to the public and
the National Endowment for the Arts upon request. The NATIONAL ENDOWMENT FOR THE ARTS
may request the 504 Workbook or your compliance documents for various potential scenarios
including an Inspector General audit and/or civil rights investigation.
iii. Design for Accessibility: A Cultural Administrator's Handbook provides guidance on making access an
integral part of an organization's staffing, mission, budget, and programs. This Handbook and other
resources may be downloaded from the National Endowment for the Arts website. If you have
questions, contact the Office of Accessibility at accessibility@arts.gov; (202) 682-5532; FAX (202)
682-5715; or TTY (202) 682-5496.
2. Environmental and Preservation Policies
2.a The National Environmental Policy Act of 1969, as amended, applies to any Federal funds that would
support an activity that may have environmental implications. We may ask you to respond to specific
questions or provide additional information in accordance with the Act. If there are environmental
implications, we will determine whether a categorical exclusion may apply; to undertake an
environmental assessment; or to issue a "finding of no significant impact," pursuant to applicable
regulations and 42 USC Sec. 4332.
2.b The National Historic Preservation Act of 1966, as amended, applies to any Federal funds that support
activities that have the potential to impact any structure eligible for or on the National Register of
Historic Places, adjacent to a structure that is eligible for or on the National Register of Historic Places,
or located in a historic district, in accordance with Section 106. This also applies to planning activities
that may affect historic properties or districts. We will conduct a review of your project activities, as
appropriate, to determine the impact of your project activities on the structure or any affected
properties. Agency review must be completed prior to any agency funds being released. You may be
asked to provide additional information on your project to ensure compliance with the Act at any time
during your award period (16 USC 470).
Other National Policies
3. Debarment and Suspension. You must comply with requirements regarding debarment and suspension in
Subpart C of 2 CFR Part 180, as adopted by the National Endowment for the Arts in 2 CFR 3254.10.
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There are circumstances under which we may receive information concerning your fitness to carry out a
project and administer Federal funds, such as:
i. Conviction of, or a civil judgment for, the commission of fraud, embezzlement, theft, forgery, or
making false statements;
ii. Any other offense indicating a lack of business integrity or business honesty that seriously and
directly affects your present responsibility;
iii. Any other cause of so serious or compelling a nature that it affects an organization's present
responsibility.
In these circumstances, we may need to act quickly to protect the interest of the government by suspending
your funding while we undertake an investigation of the specific facts. We may coordinate our suspension
actions with other Federal agencies that have an interest in our findings. A suspension may result in your
debarment from receiving Federal funding government-wide for up to three (3) years.
4. The Drug Free Workplace Act requires you to publish a statement about your drug-free workplace program.
You must give a copy of this statement to each employee (including consultants and temporary personnel)
who will be involved in award-supported activities at any site where these activities will be carried out.
You must maintain on file the place(s) where work is being performed under this award (i.e., street address,
city, state, and zip code). You must notify the National Endowment for the Arts Office of Grants Management
of any employee convicted of a violation of a criminal drug statute that occurs in the workplace (41 USC 701
et seq. and 2 CFR Part 3256).
5. Lobbying. You may not conduct political lobbying, as defined in the statutes and regulations listed below,
within your Federally-supported project. In addition, you may not use Federal funds for lobbying specifically
to obtain awards. For definitions and other information on these restrictions, refer to the following:
5.1 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, a jurisdiction, or an official of any government, to
favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation,
whether before or after the introduction of any bill, measure, or resolution proposing such legislation,
law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United
States or of its departments or agencies from communicating to any such Member or official, at his
request, or to Congress or such official, through the proper official channels, requests for any
legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient
conduct of the public business, or from making any communication whose prohibition by this section
might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of
foreign policy, counter-intelligence, intelligence, or national security activities (18 USC 1913).
5.2 Lobbying (2 CFR 200.450) describes the cost of certain influencing activities associated with obtaining
grants, contracts, cooperative agreements, or loans as an unallowable project cost. The regulation
generally defines lobbying as conduct intended to influence the outcome of elections or to influence
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elected officials regarding pending legislation, either directly or through specific lobbying appeals to the
public.
5.3 Certification Regarding Lobbying to Obtain Awards. Section 319 of Public Law 101-121, codified at 31
USC 1352, prohibits the use of Federal funds in lobbying members and employees of Congress, as well as
employees of Federal agencies, with respect to the award or amendment of any Federal grant,
cooperative agreement, contract, or loan. While non-Federal funds may be used for such activities, they
may not be included in your project budget, and their use must be disclosed to the awarding Federal
agency. Disclosure of lobbying activities by long-term employees (employed or expected to be
employed for more than 130 days) is, however, not required. In addition, the law exempts from
definition of lobbying certain professional and technical services by applicants and awardees.
6. Davis-Bacon and Related Acts (DBRA), as amended, requires that each contract over $2,000 to which the
United States is a party for the construction, alteration, or repair of public buildings or public works (these
activities include, but are not limited to, painting, decorating, altering, remodeling, installing pieces
fabricated off-site, and furnishing supplies or equipment for a work-site) must contain a clause setting forth
the minimum wages to be paid to laborers and mechanics employed under the contract. Under the
provisions of DBRA, contractors or their subcontractors must pay workers who qualify under DBRA no less
than the locally prevailing wages and fringe benefits paid on projects of a similar character.
Information about the laborers and projects that fall under DBRA can be found in the U.S. Department of
Labor’s Compliance Guide at www.dol.gov/compliance/guide/dbra.htm . DBRA wage determinations are to
be used in accordance with the provisions of Regulations, 29 CFR Part 1, Part 3, and Part 5, and with DOL’s
Compliance Guide. The provisions of DBRA apply within the 50 states, territories, protectorates, and Native
American nations (if the labor is completed by non-tribal laborers).
7. The Native American Graves Protection and Repatriation Act of 1990 applies to any organization that
controls or possesses Native American human remains and associated funerary objects and receives Federal
funding, even for a purpose unrelated to the Act (25 USC 3001 et seq.).
8. U.S. Constitution Education Program. Educational institutions (including but not limited to "local
educational agencies'' and "institutions of higher education") receiving Federal funds from any agency are
required to provide an educational program on the U.S. Constitution on September 17 (P.L. 108-447, Division
J, Sec. 111(b)). For more information on how to implement this requirement and suggested resources, see
www2.ed.gov/policy/fund/guid/constitutionday and http://thomas.loc.gov/teachers/constitution.html.
9. Prohibition on use of funds to ACORN or its subsidiaries. None of the Federal or matching funds expended
for your awarded project may be distributed to the Association of Community Organizations for Reform Now
(ACORN) or its subsidiaries (P.L. 111-88 Sec. 427).
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APPENDIX B
Required Data Elements for Subaward Notices 2 CFR 200.332
Pass-through entities are required to provide subrecipients with the following information any time a subaward is
made with Federal funds or funds that are used to meet Federal grant's required cost share/match. You do not
need to provide this information in any particular order or format; the important thing is that the subrecipient is
aware of the Federal source of funding and informed of the applicable award requirements. You must also ensure
that all subawards to which Federal/cost share/matching funds are obligated are in compliance with all other
Terms and Conditions for the Arts Endowment award.
Although these are the data elements required for making subawards, you may also have other data elements
and information that you provide to them based on your own policies and procedures.
(1) In the case of subawards made only partially with Federal funds, your award notification should reflect the
total amount awarded to the subrecipient, and then identify the Federal portion as required below.
(2) In the case of subawards that are being made only with your cost share/matching funds, you would list the
Federal amount as zero but include all other required data elements, so that the recipient understands this
award cannot be used to match another Federal grant.
NOTE: For items (vii) Amount of Federal Funds Obligated by this action, (viii) Total Amount of Federal Funds
Obligated to the subrecipient, (ix) Total Amount of the Federal Award, if you have not determined the allocation
of Federal/matching funds at the time the subaward is made, you must make provisions to convey this
information to the subrecipient at the time that Federal or matching funds are obligated to their subaward.
Also, if these three data elements are all the same (e.g., you are obligating all Federal funds at one time), you can
simply report (ix) Total Amount of the Federal Award.
2 CFR 200.332 SAMPLE RESPONSE NOTES
(i) Subrecipient name Dance Council of Legal name of the subrecipient; must match
Birmingham the entity's name in their D&B record.
(ii) Subrecipient's unique UEI created at SAM.gov. The subrecipient's UEI; must reflect legal
entity identifier UEI name and current physical address.
(iii) Federal Award XXXXXXXX-61-XX The Arts Endowment grant number as
Identification Number included on the SAA/RAO's Arts
(FAIN) Endowment’s Official Notice of Action award
document.
(iv) Federal Award Date June 15, 20xx The award date on the SAA/RAO's Arts
Endowment’s Official Notice of Action award
document.
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2 CFR 200.332 SAMPLE RESPONSE NOTES
(v) and (vi) Subaward Period July 1, 20xx - June 30, 20xx The start and end dates for the subaward
of Performance and Budget grant period which includes when expenses
Period must be incurred; must be within the period
of performance for the SAA/RAO's Arts
Endowment award.
Total amount of subaward $15,000 This is the total amount of the subaward to
(non-Federal and Federal, if the subrecipient.
applicable)
(vii) Amount of Federal $10,000 This is the amount of Federal funds obligated
Funds Obligated by this by you, if any, to the subrecipient for the
action by the pass-through subaward.
entity to the subrecipient
(viii) Total Amount of $10,000 Usually the same amount as the row above,
Federal Funds Obligated to unless, as the pass-through, you amended
the subrecipient by the the subaward with additional Federal funds.
pass-through entity
including the current
financial obligation
(ix) Total Amount of the $10,000 ** Amount of Federal funds awarded under
Federal Award committed the Partnership Agreement to a subrecipient.
to the subrecipient by the Again, usually the same as the row above
pass-through entity unless, as the pass-through, you amended
the subaward with additional Federal funds.
(x) Federal award project To support arts programs, The project description included on the Arts’
description - as required to services, and activities Endowment’s Official Notice of Action (NOA)
be responsive to the Federal associated with carrying for your Federal award or as amended.
Funding Accountability and out the agency’s National
Transparency Act. Endowment for the Arts-
approved strategic plan.
(xi) Name of Federal • National Endowment for The Arts Endowment‘s name, the SAA/RAO's
awarding agency, pass- the Arts name, and name and contact information for
through entity, and contact • The Great State Council the person authorizing the subaward on the
information for awarding on the Arts SAA/RAO's behalf.
official of SAA or RAO • John Doe, GSCA Deputy
Director
• 555-333-5555
• jdoe@GSCA.gov
(xii) Assistance Listings 45.024 Promotion of the The Arts Endowment's Assistance Listings
number and Title Arts - Grants to number and title as provided on the Official
(previously the CFDA Organizations and Notice of Action for your Arts Endowment
Number and Name) Individuals award.
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APPENDIX C
Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)
The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any
contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with
O.C.G.A. § 13-10-91, attesting as follows:
a) The Contractor has registered with, is authorized to use and uses the federal work authorization program
commonly known as E-Verify, or any subsequent replacement program;
b) The Contractor will continue to use the federal work authorization program throughout the contract
period, including any renewal or extension thereof;
c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal
work authorization program during the contract period, including renewals or extensions thereof;
d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a
material breach of Contract;
e) The Contractor will contract for the performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. §
13-10-91(a), (b), and (c);
f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s)
subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a
party after the date hereof without further action or consent by Contractor; and
g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers'
licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer
within five business days of receipt.
_____________________________________________ ________________________________
Federal Work Authorization User Identification Number Date of Authorization
Hawthorne Elementary School Foundation
_____________________________________________ Project Grant/Vibrant Communities Grant/Arts Education Program Grant FY25 AE 24
_________________________________
Name of Contractor Name of Project
DeKalb County School District
_____________________________________________
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
20
Executed on _________, Aug 20_____
_____, 24 in _______________
Atlanta GA
(city), __________ (state).
_____________________________________________
Signature of Authorized Officer or Agent
Kristin Murff - Vice President of Hawthorne Foundation
_____________________________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE _______ DAY OF _____________, 20______.
__________________________________________________
NOTARY PUBLIC
My Commission Expires: _____________________________
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APPENDIX D
Certification of “No Employees” under O.C.G.A. § 13-10-91(b)(5)
By signing this form, the undersigned contractor verifies it has no employees and has no plans to hire
employees for the purpose of executing the contract (named below) for the Georgia Department of Economic
Development. The contractor agrees to provide the Georgia Department of Economic Development with
a copy of a state issued driver’s license or a state issued identification card as proof that he/she is authorized
to perform the work related to this contract. Failure to submit this signed statement and/or provide the required
license or identification card would prohibit the Georgia Department of Economic Development from
acquiring any additional or future services with your or your company.
Hawthorne Elementary School Foundation of DeKalb County, GA
Name of Contractor
Project Grant/Vibrant Communities Grant/Arts Education Program Grant FY25 AE 24
Name of Project/Contract
I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 8/20/24in
Atlanta (city), GA (state).
Signature of Authorized Officer or Agent
Kristin Murff - Vice President of Hawthorne Foundation
Printed Name and Title of Authorized Officer or Agent
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