Applicants must fulfill two (2) ancillary requirements and read the legal & contractual notices below:
1. Regional Alliance Marketplace for Procurement – RAMP (formerly BAVN)
If your organization has previously received grants or contracts from the City of LA, then you have already registered on RAMP.
If you are a new applicant, go to https://www.rampla.org/s/
to register to bid for a City of LA business grant or contract. Technical support may be requested by emailing bca.eeoe@lacity.org
Sometime thereafter you may receive requests from RAMP to verify your location, the percentage of your workforce that lives in the City of LA, your status as a minority owned/operated business, and your status as a women owned/operated business. We encourage you to respond accurately so that the LA nonprofit arts sector is understood as a significant contributor to equity.
2. SMU DataArts
DCA LA requires all Small, Mid-Size, Large and Extra-Large organizations to submit the 2 most recent years of data to their Data Arts report and complete the DCA LA report to submit with their proposal.
If you have not previously completed a CDP, get started at www.culturaldata.org
The research, data entry, and editing of one year CDP information may take up to 20-30 hours of dedicated time. Therefore, begin early and follow system-wide instructions.
Click on the following link for additional informational details:
Legal & Contractual Notices
Acceptance of a Lesser Award
Be advised that in most cases, grants will be awarded that are less than the applicant’s request. The proposed work may be reduced accordingly and/or the grantee may continue to fully execute the proposed work with other sources.
Affirmative Action
In the performance of an agreement, the contractor shall abide by and conform to any and all applicable laws of the United States, State of California and the ordinances, regulations and policies of the City of Los Angeles and its agencies. The Department of Cultural Affairs and the City of Los Angeles are committed to providing equal employment opportunity and affirmative action.
The Grant Program is an extension of this basic policy. The contractor shall not discriminate in its employment practices against any employee or applicant for employment because of the employee’s or applicant’s race, religion, national origin, ancestry, gender, sexual orientation, age or physical disability.
For further information on the Affirmative Action Program Provisions for the City of Los Angeles, please review the Los Angeles Charter and Administrative code Section 10.8.4
Amendments or Extensions
Proposed amendments to grant contract language must be submitted in writing to DCA at least 30 days in advance of the effective date of change. Requests for extensions (beyond the City’s traditional Fiscal Year, which is July through June) are highly unlikely. No requests for amendments and/or extensions can be submitted after April 1 of the grant project year. Acceptance of either type of change is completely at the discretion of the Grant staff. Acceptance may also result in $50-$500 penalties.
Assurance of Compliance
By signing this application, the applicant hereby assures and certifies that he/she/ they will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101-12213) and, where applicable, Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as well as all regulations of the State of California, and the ordinances, regulations and policies of the City of Los Angeles issued pursuant to these statutes and that he/she will immediately take any measures necessary to comply. Further, as required by the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.; also implemented through the Debarment and Suspension regulations), the applicant also certifies that he/she/they will provide a drug-free workplace.
Availability of Services
If funded by the City of Los Angeles, each applicant shall agree to exercise all reasonable efforts to ensure, to the greatest extent feasible, that the cultural and artistic services contracted by the City are made available to low-income youth, senior citizens groups, persons with disabilities, people from culturally diverse backgrounds and other traditionally underrepresented audiences.
Business Tax Exemption
The City Clerk’s Tax and Permit Division is responsible for the collection of various taxes, fees, and charges as required under the Los Angeles Municipal Code, Section 21.03 L.A.M.C. (Imposition of Tax), which requires persons engaged in any business or occupation within the City of Los Angeles to register and pay the required tax due. Businesses, including vendors, owing a business tax are issued a Business Tax Registration Certificate (BTRC). In some cases, businesses are not required to pay a business tax, depending on the nature and location of their work. In those cases, the vendor is issued a Vendor Registration Number (VRN). In order to be paid under contract with the City, a Tax Registration Certificate Number (TRC) or Vendor Registration Number (VRN) must be provided to the Controller’s Office. Nonprofit organizations may apply for an Exempt Tax Registration Certificate.
Compensation Restriction for Board of Directors Members
The California Corporations Code Section 5227 states that at least 51% of the board of directors cannot receive any money for services rendered the nonprofit organization in any capacity other than as board member. During the staff audit of applications, special attention is paid to this restriction. Applications may be disqualified if there are too many members of the board of directors proposed as key project personnel and receiving money for those roles.
Contract Termination and Disencumbrance
City contracts can be cancelled within 60 days at any time by written notice of either party. It is the responsibility of the grantee to sign and return contracts, to notify the Grant Program in writing of any necessary changes in the project description or contract term, to respond to requests for additional information and invoice in a timely manner. Failure to do so may result in processing delays or forfeiture of a grant award. All grant-funded projects must be completed within the project year of the grant award. Funds for projects are subject to disencumbrance if not completed within the designated year. In the sole discretion of the City of Los Angeles, if a contractor (grantee) is in default with regard to any obligations or previous contracts with Cultural Affairs or other City departments, the City has the authority to deny or terminate further contracts.
Equal Benefit Ordinance (EBO)
The EBO covers any City agreement over $5,000. If the grant candidate is awarded an agreement, the EBO requires that during the performance of the City agreement, the contractor (as defined) who provides benefits to its employees and their spouses must also provide equal benefits to domestic partners of its employees. The contractor must certify that it will end discrimination in the provision of benefits and post a copy of that pledge in a conspicuous place. The contractor must also allow authorized City representatives to review records so the City can verify compliance.
Financial Management
Grant recipients are required to maintain accounts, records and other evidence to justify costs incurred and incomes acquired relating to their project. The accounting system used by the grant recipient shall be in accordance with generally accepted accounting principles and should be applied in a consistent manner, so that project expenditures can be clearly identified as grant funds or matching funds (if applicable). The advice and/or services of a professional accountant are recommended. More specifically, grantee financial management systems must be provided upon request and must be an accurate, current and complete disclosure of the financial accounting for the grant project, include records which adequately identify the source(s) and application of funds for grant-sponsored activities, and provide accountability for all grant-related financial activities including productivity data. Accounting records must also be supported by source documentation.
First Source Hiring Ordinance
If a grant of greater than $25,000 is awarded, the applicant’s contract will be subject to the provisions of the City’s First Source Hiring Ordinance (FSHO), Los Angeles Administrative Code Section 10.44 et seq. Said Ordinance requires that – unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City, the value of which is in excess of $25,000 and a contract term of at least three (3) months, and certain recipients of City Loans or Grants, shall notify the City of employment opportunities that the contractor estimates they will need to fill in order to perform the services under the Contract.
Applicants selected for grants greater than $25,000 will be required to fill out the City’s Anticipated Job Opportunities (FSHO-1) and Subcontractor Information Forms (FSHO-2) at contracting. These forms and the text of the First Source Hiring Ordinance can be viewed online.
Independent Contractor Status
The contractor is acting hereunder as an independent contractor and not as an agent or employee of the City. The contractor shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City.
Indemnification
Contractor undertakes and agrees to defend, indemnify and hold harmless City and any of its Boards, Officers, Agents, Employees, Assigns, and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney’s fees and cost of litigation, damage or liability of any nature whatsoever, including, but not limited to, death or injury to any person, including contractor’s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the acts, errors, omissions or willful misconduct incident to the performance of this Contract by the contractor or its subcontractors of any tier. The provisions of this paragraph survive expiration or termination of this Contract.
General Liability/Special Event Insurance
During the term of an awarded contract and without limiting contractor’s indemnification of the City, contractor may be required to provide and maintain at its own expense General Liability/Special Event Liability insurance covering its operations or event. General Liability coverage is required whenever the City is at risk of third-party claims which may arise out of contractor’s work, presence or special event. Such insurance shall conform to City requirements established by Charter, ordinance or policy, and shall otherwise be in a form acceptable to the Office of the City Administrative Officer, Risk Management. Information is available on a City program called PROMPT COVER, which provides liability coverage for short-term special events.
The City shall, through a duly authorized representative, have the right to examine and conduct an audit and re-audit of any pertinent books, documents or other records involving transactions relating to grant recipients for a period of two years after final payment for grant-related activities.
Location Requirement
All funded activities must take place within the City of Los Angeles. DCA reserves the right to negotiate the relocation of grant-funded activities. Publications and broadcasts must have documented distribution to the citizens of the City. Additionally, grantees are required to identify the City Council District in which their primary office is located and notify the Department of Cultural Affairs Grant Program, of any primary address change(s) during grant support. Grantees are required to estimate or provide a methodological accounting of citizens they serve in each City Council District. Grant projects must be presented within the Council District(s) designated in the accepted proposal. Changes are not normally allowed and if allowed, are instituted by an official Amendment, which can take 30-60 days and may require a reduction in the grantee’s funding.
Office for Accessibility
The Office for Accessibility assists individuals and organizations in making arts activities accessible to older adults, persons with disabilities and those in institutions. You may contact the office (202.682.5532 or 202.682.5496 Voice/TTY) for assistance and materials, including model project guidelines and examples of how arts groups make their programs available to special constituencies. The Arts and 504 Handbook was updated and is now published as Design for Accessibility: A Cultural Administrator’s Handbook. It can be downloaded from the NEA website. Hard copies can be ordered by calling (202) 347-6352 or through the web.
Ownership, Copyright, Royalties and Credit
DCA does not claim ownership, copyrights, royalties, or other claims to artwork produced as a result of a Cultural Grant. However, the Department of Cultural Affairs does reserve the right to reproduce and use such materials for official or noncommercial purposes.
Payments and Reporting
Cultural Grants are reimbursement monies, with either 50% or 75% provided for planned expenses approved by the DCA staff and the remaining amount paid after completion of the proposed work. An organization must be prepared to leverage its project with matching funds as well as provide timely and complete invoices to DCA of real expenses and wait at least thirty days for city checks to be processed. Incomplete invoices will be returned and will slow the reimbursement process. The invoicing procedures are fully explained in contract information packets, and include the following information:
- A percentage of each DCA grant is available after contract execution upon receipt and acceptance of an invoice form. If/as instructed by the staff, grantees should submit a list of planned expenses.
- For final payment grantees must submit a final invoice, a final financial report, a final narrative report and documentary materials. The final financial report must outline income from all sources. Generally this must be submitted no more than 45 days after completion of the contractual services.
- All final reports and invoices for outstanding DCA funding must be submitted to the DCA prior to opening any new grant contracts. Organizations or individuals that have not completed previous services, contracts and/or required paperwork may be ineligible to apply for or accept future DCA grant funding.
- A grant contract is an “all or nothing contract.” This means that portions of services may not be delivered for portions of payments. If the entire service named in a contract is not fully provided, then preliminary payments shall be returned to the DCA. Failure to complete services or re-payments will result in retracted eligibility for future contracts.
Potential Penalties
Grant recipients should understand and agree that DCA or Grant Program staff may assess one or more financial penalties for issues such as:
- Requesting and processing contract extensions or amendments to contract language
- Processing invoices and reports that are received later than forty-five (45) days after the closing date of any contract term
- Failure to provide proper credit to the Department of Cultural Affairs with use of the proper statement and logo
- Failure to repay an arts loan in which Cultural Affairs funds have been used as collateral
- Mitigation of complaints when grant-supported projects fail to serve the City or the general public as outlined in the contract or original proposal
- The Department cannot offer extensions or amendments after April 1.
Project Notification
Grantees must provide a 30 day advance notice to their City Council Office and DCA to invite representatives to the public presentation of the funded project.
Public Acknowledgement
Each grant recipient shall credit the City of Los Angeles DCA for its contractual support of the project, exhibition, film, broadcast or performances and all public workshops in all printed and broadcast promotion, brochures, press releases, posters, programs, handbills and other promotional material. Materials and/or photographs crediting the Department of Cultural Affairs, City of Los Angeles are a required part of invoicing documentation. Penalties of $50 – $500 may be assessed for inaccurate credit or failure to provide appropriate public acknowledgement or submission of Grantee Public Activity Promotion/Event Notification Form. Arts organizations and artists awarded City of Los Angeles contracts for cultural services must include the following credit line and the current logo in all publications, programs, press releases, season brochures, lobby displays, advertising and every mode of public communications: “This project is supported in part by a grant from the Department of Cultural Affairs, City of Los Angeles.”
It is important that the citizens of Los Angeles know that their local tax dollars make it possible for them to enjoy the caliber of arts produced in Los Angeles. All contractors should recognize Cultural Affairs in the same manner in which it recognizes other contributors in terms of benefits, type size on publications, and frequency of acknowledgement. Failure to comply with this request may affect future contracting opportunities.
Service Contract Worker Retention Ordinance and Living Wage Policy
If a grant of greater than $25,000 is awarded, the applicant’s contract will be subject to the provisions of the City’s Service Contract Worker Retention Ordinance (SCWRO), Section 10.36 et seq., and the Living Wage Ordinance (LWO), Section 10.37 et seq. of the Los Angeles Administrative Code. The said Ordinances require that – unless specific exemptions apply – all employers (as defined) under contracts primarily for the furnishing of services to or for the City and that involve an expenditure or a receipt in excess of $25,000 or a contract term of at least three (3) months, lessees, licensees, or certain recipients of City financial assistance, generally shall provide the following:
- Retention by a successor contractor for a 90-day transition period of the employees who have been employed for the preceding 12 months or more by the terminated contractor or subcontractor earning less than $15 per hour in salary or wage, as provided in the SCWRO
- Payment of a minimum initial wage rate to employees as defined in the LWO of $14.00 per hour with health benefits of at least $1.25 per hour; or, otherwise $14.25 per hour (these hourly rates are effective July 1, 2019, and will be adjusted annually by the City of Los Angeles each July 1, so call 213.847.1922 or 213.847.2625 for updated rates, or go to bca.lacity.org)
- Provision of at least 12 compensated days off per year for sick leave, vacation or personal necessity at the employee’s request, and at least 10 additional days per year of uncompensated time off for sick leave
Workers’ Compensation
By signing this application, the applicant hereby certifies that he/she is aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code.