Rules and Regulations for Cultural Facilities Grant Program (665-RICR-20-00-1)

A.The purpose of this Part is to establish the operating procedures for the State Cultural Facilities Grant Program and the State Cultural Facilities Grant Program Review Panel.

A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws § 42-75-2.

A.For the purposes of these Regulations, the following terms shall have the following meanings:

1.“Applicant” means a private non-profit organization that has non-profit Internal Revenue Code, 26 U.S.C. § 501(c)(3) status with the IRS.

2.“Capital improvement” means a permanent structural change or addition to a property that either increases its value, extends its useful life, or adapts it for new uses.

3.“Council” means the Governing Body of the Rhode Island State Council on the Arts, an agency of the State government as described in R.I. Gen. Laws Chapter 42-75.

4.“Cultural Arts and the Economy Grant Program”

a.“Cultural Arts and the Economy Grant Program 2021” means $6,000,000.00 of the Creative and Cultural Economy Bonds to be administered by the Rhode Island State Council of the Arts pursuant to Chapter 80, Article 2, § 1(6)(a) of the 2020 Rhode Island Public Laws and allocated to two (2) Rhode Island non-profit arts and cultural organizations that are specifically identified as recipients of designated amounts of the Creative and Cultural Economy Bond funds, as well as grant recipients that will be identified through a competitive grant process.

b.“Cultural Arts and the Economy Grant Program 2024” means $10,000,000.00 of the Creative and Cultural Economy Bonds to be administered by the Rhode Island State Council on the Arts pursuant to Chapter 117, Article 5, §1(4) of the 2024 Rhode Island Public Laws and allocated to three (3) Rhode Island non-profit arts and cultural organizations that are specifically identified as recipients of the designated amounts of the Creative and cultural Economy Bond funds, as well as grant recipients that will be identified through a competitive grant process.

5."Cultural Facilities Grants Program”

a."Cultural Facilities Grants Program 2021” means a competitive grants program set forth in Chapter 80, Article 2, § 1(6)(a)(3) of the 2020 Rhode Island Public Laws "[f]or 1:1 matching grants to be allocated by the Rhode Island State Council on the Arts to 501(c)(3) nonprofit cultural organizations which lease or own their performance space, and for RISCA’s expenses in administering the program.”

b."Cultural Facilities Grants Program 2024” means a competitive grants program set forth to Chapter 117, Article 5, § 1(4) of the 2024 Rhode Island Public Laws "[f]or 1:1 matching grants to continue the Cultural Arts and the Economy Grant Program administered by the Rhode Island State Council on the Arts (RISCA) for capital improvement, preservation and renovation projects for public and nonprofit artistic, performance centers, museums and cultural art centers located throughout the State of Rhode Island”, and for RISCA’s expenses in administering the program.

6.“Creative and Cultural Economy Bonds”

a.“Creative and Cultural Economy Bonds 2021” means approved 2021 State ballot question that authorizes the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed seven million dollars ($7,000,000.00) to fund capital improvement, preservation, renovation and new construction projects for public and nonprofit artistic, performance centers, historic sites, museums and cultural art centers located throughout the State of Rhode Island.

1.“Creative and Cultural Economy Bonds 2024” means approved 2024 State ballot question that authorizes the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed ten million dollars ($10,000,000.00) to fund capital improvement, preservation, renovation and new construction projects for public and nonprofit artistic, performance centers, museums and cultural art centers located throughout the State of Rhode Island.

7.“Cultural facility” means a building or a specific space within a building which shall be used primarily to provide support for the programming, production, presentation, or exhibition of any of the arts and cultural disciplines. These disciplines include music, dance, theatre, creative writing, literature, architecture, painting, sculpture, folk arts, photography, crafts, media arts, visual arts, and programs of art museums. Civic buildings and libraries are not considered cultural facilities, but identified areas within these structures specifically designated for the production, presentation and exhibition of the arts may be eligible for support.

8.“Director” means the Executive Director of the Rhode Island State Council on the Arts as described in R.I. Gen. Laws Chapter 42-75.

9.“Matching dollar” or “Matching funds” means actual cash or in-kind contributions raised and designated for the purpose of matching a grant award from the Cultural Facilities Grant program. Match must be on a 1:1 cash or in-kind basis as determined by RISCA and must be documented in a manner established by RISCA. Matching funds may include private funds donated or loaned to the Grantee by a financial institution or community-based lender and designated for the project, or Federal or municipal appropriations. Funds appropriated by the State of Rhode Island or previously awarded through either the State Cultural Facilities Grant Program or State Preservation Grants may not be counted as part of the Match. Matching funds may NOT include operating funds.

10.“Named recipients” means the two (2) Rhode Island non-profit arts and cultural organizations that are specifically identified in Chapter 80 of the 2020 Rhode Island Public Laws as being recipients of designated amounts of the Creative and Cultural Economy Bond 2021 funds: specifically, Trinity Repertory Company (two million five hundred thousand dollars ($2,500,000.00)); and the Rhode Island Philharmonic Orchestra and Music School (one million five hundred thousand dollars ($1,500,000.00)); and the three (3) Rhode Island non-profits arts and cultural organizations that are specifically identified in Chapter 117 of the 2024 Rhode Island Public Laws as being recipients of designated amounts of the Creative and Cultural Economy Bond 2024 funds: specifically, Trinity Repertory Company (two million dollars ($2,000,000.00)); Tomaquag Museum (two million dollars ($2,000,000.00)); and the Newport Contemporary Ballet (two million dollars ($2,000,000.00)).

11.“Non-profit agency” means a group or organization which has qualified as a tax exempt public charity under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) formed for the purpose of developing and promoting the work of artists in various visual and performing art forms such as music, dance, theatre, film, sculpture, painting, photography and the visual arts, multimedia, poetry, and performance art.

12.“Renovation” means to restore a facility to a better state, through repairing or rebuilding.

13.“RISCA” means the Rhode Island State Council on the Arts, an agency of the State government as described in R.I. Gen. Laws Chapter 42-75 that is authorized to administer the State Cultural Facilities Grant Program. This term shall also apply to any contractor engaged to manage any aspect of this program under the direct control of RISCA.

14.“State Cultural Facilities Grants” means competitive grants awarded from the two million dollars ($2,000,000.00) in funds identified in Chapter 80 of the 2020 Rhode Island Public Laws under Article 2, § 1(6)(a)(3) “Other funds to be allocated by RISCA as, "For 1:1 matching grants to be allocated by the Rhode Island State Council on the Arts to 501(c)(3) nonprofit cultural organizations which lease or own their performance space, and for RISCA’s expenses in administering the program”, and from the four million dollars ($4,000,000.00) in funds identified in Chapter 117 of the 2024 Rhode Island Public Laws under Article 5, § 1(4), “Other funds to be allocated by RISCA as, "For 1:1 matching grants to be allocated by the Rhode Island State Council on the Arts to 501(c)(3) nonprofit cultural organizations which lease or own their performance space, and for RISCA’s expenses in administering the program”. In awarding such grants RISCA shall take into account financial need, the availability or actual expenditure of matching funds for the projects, available gifts or grants for projects, the amount of square footage to be improved, the geographical location and characteristics of audiences benefitted."

15.“State Preservation Grants” means competitive grants administered by the Rhode Island Historical Preservation & Heritage Commission (RIHPHC) to “provide funds to cities, towns and non-profit organizations to preserve, renovate and improve public and nonprofit historic sites, museums, and cultural art centers located in historic structures in the State of Rhode Island.

A.APPLICATION FORM: The form that shall qualify an applicant for consideration shall be the form designated "Application" and approved by the Council.

B.AVAILABILITY OF APPLICATION FORMS: Application forms shall be available to applicants upon request.

C.FILING OF APPLICATIONS: Applications shall be filed electronically with RISCA through a form established by the Council and designated in the application form instructions. Applications shall be accepted by the Council up through the close of business on a date or dates established by the Council.

D.APPLICATION CONTENTS: The application shall contain, at minimum, the following:

1.APPLICATION SUMMARY: A concise identification of the applicant and a summary of the project.

2.PROPERTY INFORMATION: Information about the property and its contribution to the cultural work of the applicant organization. Information shall also be provided on the general condition of the property.

3.PROJECT INFORMATION: Information about the project including a timeline schedule and budget.

4.APPLICANT INFORMATION/PROJECT IMPACT: Information about the work, finances and governance of the applicant organization, and details on how the project will impact the applicant organization and its work in and for the community.

5.ASSURANCES: Consent forms signed by the property owner and applicant.

6.ADDITIONAL INFORMATION: Any additional information that the Council may require.

E.APPLICATION SUBMISSION: Applications for the Cultural Facilities Grant Program must be filed within the prescribed period established by RISCA.

A.GRANT ALLOCATIONS: The Council shall, by majority vote of the full Council, schedule the number, frequency and duration of local grant funding rounds. The Council may establish a maximum per project funding level for any given grant round. This amount may be increased or decreased during each year by a majority vote of the Council.

B.UNEXPENDED FUNDS: Any unexpended or returned funds from supported projects in the Cultural Facilities Grant Program fund shall be reallocated to the Cultural Facilities Grant Program for distribution.

A.APPOINTMENT OF REVIEW PANEL: The Council shall appoint a five (5) member panel of experts to review applications. Members of the Review Panel may be selected from among artists, arts administrators, managers of cultural facilities, individuals with experience in construction and capital projects or other experts. In making appointments to the Review Panel, the Council shall endeavor to include an architect or design professional and an economic development professional. In addition, a representative of the Rhode Island Historical Preservation and Heritage Commission staff will serve to promote inter-agency cooperation and participation. The Council will ensure that members come from different parts of the State, represent diverse communities and have knowledge or experience with organizations of different sizes. RISCA will ensure that no panel member shall have a conflict of interest with any application under review. In order to represent the evaluations of the Council’s professional staff, the RISCA Executive Director shall serve on the Review Panel in addition to the five (5) members appointed by the Council, and shall also serve as a voting member of the Review Panel.

B.REGULAR MEETINGS: The Review Panel shall establish the schedule for regular meetings.

C.CHAIRPERSON: The RISCA Executive Director shall serve as Chairperson of the Review Panel.

D.SPECIAL MEETINGS: The Chairperson may call special meetings or cancel regular meetings at any time upon forty-eight (48) hours public notice.

E.NOTICE OF MEETINGS: Notices of meetings and agendas will be posted electronically on the Secretary of State’s website, in accordance with the Open Meetings Law (R.I. Gen. Laws Chapter 42-46) not less than forty-eight (48) hours prior to each meeting.

F.OPEN MEETINGS: All Review Panel meetings and records shall be consistent with the Open Meetings Law (R.I. Gen. Laws Chapter 42-46) and the Public Records Act (R.I. Gen. Laws § 38-3-3).

A.PRELIMINARY REVIEW: After the closing date, the applications will be reviewed by RISCA staff or its designee. The Review Panel will evaluate all of the timely and complete applications according to the scoring criteria.

B.MINIMUM ELIGIBILITY REQUIREMENTS: An application shall be deemed eligible for evaluation only if it satisfies all of the following criteria:

1.The applicant is a 26 U.S.C. § 501(c)(3) nonprofit agency. Applicants must demonstrate the capacity to successfully carry out the project. Applications will not be accepted from private individuals, for-profit organizations or corporations. RISCA shall be responsible for determining eligibility status to participate in the Cultural Facilities Grants program.

2.The applicant owns or leases the property for which the grant is sought. Applicants to the Cultural Facilities Grants Program 2021 who have a lease or written agreement of at least ten (10) years from the date of the application are eligible. With the understanding that the applicant is required to provide evidence that State investment in private property is clearly for the long-term public good, applicants with less than a ten (10) year lease will be required to provide a document signed by lessor and lessee committing to enter into a ten (10) year lease or a five (5) year lease with options that comprise a full ten (10) year period in the event a grant is awarded. Applicants to the Cultural Facilities Grants Program 2024 who have a lease or written agreement of at least twenty (20) years from the date of the application are eligible. With the understanding that the applicant is required to provide evidence that State investment in private property is clearly for the long-term public good, applicants with less than a twenty (20) year lease will be required to provide a document signed by lessor and lessee committing to enter into a twenty (20) year lease or a five (5) year lease with options that comprise a full twenty (20) year period in the event a grant is awarded.

3.The property for which the grant is sought is used as a cultural facility.

4.The grant is sought for capital improvements to the property.

5.The applicant to the Cultural Facilities Grants Program 2021 certifies that any property renovated or improved with funds made available by RISCA will remain under the ownership or lease of the applicant for a minimum term of ten (10) years unless approved by RISCA and agreed to by the applicant and owner in writing. If the property passes from the applicant to another lessee before this minimum period from date of award has expired, the owner of the facility may be required to return funds to the Cultural Facilities Grant Program, as negotiated at the time of application with both parties. Such conditions and negotiations are subject to approval by the Council. The applicant to the Cultural Facilities Grants Program 2024 certifies that any property renovated or improved with funds made available by RISCA will remain under the ownership or lease of the applicant for a minimum term of twenty (20) years unless approved by RISCA and agreed to by the applicant and owner in writing. If the property passes from the applicant to another lessee before this minimum period from date of award has expired, the owner of the facility may be required to return funds to the Cultural Facilities Grant Program, as negotiated at the time of application with both parties. Such conditions and negotiations are subject to approval by the Council.

6.The application contains all information and supporting documentation specified or requested in the application package.

7.An eligible applicant may only submit one (1) application in each grant application round.

8.The following activities are not eligible for grant funding:

a.Projects whose entire scope of work consists solely of general maintenance.

b.Projects that consist only of landscaping or site work as part of improvements such as parking lots, sidewalks, etc.

c.Projects that consist only of predevelopment or planning, such as historic structure reports, master plans, and architectural studies.

d.Acquisition of collections.

e.General operating expenses. Administrative costs for running the organization (including but not limited to salaries, travel, personnel, office supplies, mortgage or rent, operating overhead or indirect costs, etc.)

f.Costs associated with representation, proposal, or grant application preparation.

g.Costs for lobbying or attempting to influence Federal, State or local legislation, the judicial branch, or any State agency.

h.Costs associated with bad debts, contingencies (money set aside for possible expenses), fines and penalties, taxes (of any kind), and other financial costs including bank fees and charges and credit card debts, except costs related to debt service for the designated project.

i.Costs for travel, private entertainment, food, beverages, plaques, awards, or scholarships.

j.Projects restricted to private or exclusive participation, including restriction of access to programs on the basis of sex, race, creed, national origin, disability, age, or marital status.

k.Re-granting, contributions, and donations.

C.EVALUATION: Each eligible application will be evaluated on the following competitive criteria (one hundred (100) points total):

1.NEED FOR PROJECT (thirty (30) points): one to thirty (1 – 30) points will rate the need for the proposed capital improvement, preservation, renovation or new construction based on a review of the scope of work, the project narrative and supporting documents. Applicants will be judged on the quality and completeness of their plans, and on the strength of the case they make for how the capital improvement, preservation, renovation or new construction will advance the work of the organization and their community.

2.PROJECT IMPACT (forty (40) points): one to forty (1 – 40) points will rate the completed project’s ability to contribute to the local economy, to the cultural vitality of the applicant’s community as well as the ability to engage current and potential audiences. The geographic location of the project will be a consideration. Impact on underserved parts of the applicant’s community will also be a consideration (for example, projects that deal with accessibility issues to engage audiences with disabilities, or the ability to develop new programs to connect with culturally diverse communities). Applicants will be judged on the strength of the case they make that their project will provide a significant and measurable benefit to the local economy and to the cultural vitality of the applicant’s community. Applicants will be ranked, in part, on an evaluation of the data they provide that supports their case.

3.CAPACITY TO SUCCEED (thirty (30) points): one to thirty (1 – 30) points will rate the applicant’s ability to raise matching funds, plan and carry out a project within a twelve (12) to twenty-four (24) month period. The panel will also take into account the long-term viability of the applicant organization. Projects that can demonstrate an ability to begin construction earlier than twelve (12) months from the approval date will receive greater scores in the selection process. Applicants will be rated based on a review of project plans, budget details, income and matching funds statements. A review of the applicant’s organizational strength and capacity to succeed will include an evaluation of past financial records and reports, as well as an evaluation of fund-raising capacity as demonstrated by a review of past earned and contributed income to the organization.

4.SELECTION OF GRANTS: The Review Panel shall submit its recommendations to the Council within forty-five (45) days of its application review meeting. The Council will review the recommendations of the Review Panel within forty-five (45) days of receiving the recommendations. The Commission shall vote to accept or not accept the recommendations. The date of the Council’s vote shall be the date of grant award.

A.GRANT AMOUNT (Competitive Grants only):

1. Grants available through the Cultural Facilities Grant Program 2021 will generally be available in amounts up to two hundred fifty thousand dollars ($250,000.00) per application.

2.Grants available through the Cultural Facilities Grant Program 2024 will generally be available in amounts up to five hundred thousand dollars ($500,000.00) per application.

B.MATCHING FUND REQUIREMENTS (Competitive Grants and Named Recipients): All funds are to be matched on a dollar-for-dollar basis either through direct cash match or in-kind contributions as determined by RISCA. Matching funds must be in cash or documented contributions and binding pledges or financing commitments [such as construction funding from tax credit programs] or loan documents.

C.NUMBER OF APPLICATIONS (Competitive Grants only): Organizations that have previously received a State Cultural Facility Grant are eligible to apply for an additional grant once their current project has been completed and closed out, including the submission and acceptance of a final report on the previously funded project.

D.GRANT AWARD AGREEMENTS (Competitive Grants and Named Recipients): Awardees will enter into agreements with RISCA that outline in detail the scope of work of their approved project(s), it being understood that the approved projects for the Named Recipients shall be the projects identified in Rhode Island Public Law Chapter 80, Article 2 of the 2020 Rhode Island Public Laws and Chapter 117, Article 5 of the 2024 Rhode Island Public Laws; the projected timeline; the documentation of all matching dollars; information on the impact of the project to the applicant organization, the work they do and the communities they serve. All awardees will continue to provide updates to this information for a five (5) year period following the completion of the project. The Agreement will set forth when and upon what conditions funds will be released. It is the intention of RISCA that matching funds are either collected or pledged or documented with financing commitments or loan documents and construction underway before funds are released. The Council may, at its discretion, approve the earlier release of funds at the request of the Awardee in order to reduce or eliminate the expense to the Awardee of loan origination fees and interest payments.

E.TIMING (Competitive Grants only): the beginning date of a project period will normally be the date on which the Council votes to approve a grant for the project (date of approval). The end date of a project period/extension period will normally be the last reimbursement request the organization submits. For Cultural Facilities Grant Program grants, funds spent on the project after the date of approval shall be eligible for reimbursement or eligible to be considered matching funds, if the project is approved by the Council. Project construction must begin within one (1) year of the date of the signed grant agreement and must be completed within two (2) years of the date of the signed grant agreement. At its discretion, the Council may grant an extension in one (1) year increments. For the Cultural Facilities Grants Program 2021, no more than three (3) extensions may be granted. For the Cultural Facilities Grants Program 2024, no more than four (4) extensions may be granted.

F.NOTICE (Competitive Grants and Named Recipients): Notice of an award shall be by email or other electronic means.

G.TERMS AND CONDITIONS (Competitive Grants and Named Recipients): The grant agreement will set forth all grant terms, schedules, timelines, and conditions, including most particularly those relating to record keeping, procurement of goods and services, verification of expenditures, and disbursement of grant funds.

H.PUBLIC ACCESS (Competitive Grants and Named Recipients): Any property assisted with funds from this grant program shall be physically accessible to the public, and with programs that are open and available to the public.

I.PREVAILING WAGE (Competitive Grants and Named Recipients): Contracts for construction entered into on or after November 6, 2014 shall be in compliance with R.I. Gen. Laws § 37-13-1 et seq. (prevailing wage).

A.RISCA, the Department of Administration, or other authorized representatives of the State of Rhode Island may establish from time to time additional administrative or fiscal requirements, not inconsistent with these Regulations, in order to assure the effective operation of the State Cultural Facilities Grants. Additional administrative or fiscal requirements may include procedures to encourage an open and competitive process of awarding contracts for rehabilitation work. Information about all requirements of the Grants shall be available through the Council.

A.The executive director of the RISCA is authorized by these Regulations to act on behalf of the Council to implement and carry out a grants program in accordance with these Regulations. Decisions of the executive director may be appealed to the Council in accordance with the Council’s procedures below.

A.The executive director of the RISCA may resolve protests related to the solicitation of, or selection for, the award of a grant. Protests to the executive director must be made in writing and must provide an explanation of the reasons for such protest. Protests must be made within seven (7) calendar days of when the protestor knew or should have known of the facts giving rise thereto. Upon receipt of a protest, the agency shall not proceed further with the solicitation or award until a determination has been made. An appeal from a decision of the executive director may be made to the Council. The Council’s decision shall be entitled to a presumption of correctness in accordance with R.I. Gen. Laws § 37-2-51 and associated Rhode Island law.

A.If any provision of this Part, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the validity of the remainder of this Part shall not be affected thereby.