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Grant Terms & Conditions

MARTHA’S VINEYARD SOCIAL JUSTICE LEADERSHIP FOUNDATION (MVSJLF)

Terms & Conditions of Grant Awards (as of January 2021)

This information is provided for reference in the interest of transparency. The actual contract that we generate for a positive award decision will differ as appropriate.

Grant Manager: Contact name, title, full contact information

Grantee Institution: Organization name, address

MVSJLF grant submission number: ________

Award Value: ________

Award type: (type of support)

Award duration: (Board approved award start date and Board approved end date)

Program/Project title: (as submitted)

Program/Project specific aims: (as proposed)

The MVSJLF awards grants for Program’s/Projects that align with its mission and vision, as well as goals and objectives of the Board of Directors.

Definitions and abbreviations:

Definitions set forth in this section “Definitions and abbreviations,” in addition to any definitions integrated in the text of the Grant Agreement, apply to all portions of the Grant Agreement, apply to all portions of this Grant Agreement unless explicitly stated otherwise.

Agreement:

The agreement defined in the present document unless represented as “Grant Agreement,” defined elsewhere in the sectioned entitled definitions and abbreviations.

Assignee:

Is defined in Terms & Conditions section.

Award date:

Board approved award start dates.

Grant:

Financial award of funds for …

Grant agreement:

The agreement defined collectively by documents entitled “Terms & Conditions of Grant Awards,” “Intellectual Property Contract,” and the “____________ Release of Grant Information Agreement.” The Grant Agreement is understood to be made in support of the specific aims of the Program/Project formally proposed by ____________ the MVSJLF Grant Application process.

Grantee:

The grant recipient of the MVSJLF grant award. The person whose name appears as Grant manager for the award.

Grantee organization:

The organization or institution to which the grant is granted, and with whom the grantee is formally associated.

No cost extension:

An extension of a grant term to expend unused grant funds or allow for completion of proposed Program/Project.

Official written correspondence:

Written or electronically delivered communications reasonably understood to have originated from an identifiable person representing grantee, grantee organization/institution, or their agents. Such communications may be by written letter delivered through the postal system, or electronic representations such communications provide as images bearing a facsimile of the sender’s signature.

Grant Manager:

The person designated as the grant program lead whose name appears as the Grant Manager for the MVSJLF Award on the Grant application, unless otherwise approved by MVSJLF. This person shall also serve as the primary contact for all communications regarding the MVSJLF award.

Misconduct:

An act of falsification, fabrication, or plagiarism of data or results, or the omission of material data or results that occurs during the application process, performance of the award or reporting of performance of the award.

Specific Aims:

Are defined and set forth under the title “Program/Project Specific Aims” As Proposed by Grant Manager,” above.

Supported Program/Project:

Work approved by MVSJLF to be performed by the Grantee in support of the Specific Aims of the program/project that were formally proposed by the Grant Manager through MVSJLF’ grant application process.

Term:

The term (“Term”) of this Grant Agreement shall include the Award Duration (start and end dates inclusive), plus the duration and first and end dates of any one or more contiguous No Cost Extension(s), unless earlier terminated in accordance with the provisions of this Grant Agreement. Signature dates will have no impact on the length of Term.

CONDITIONS OF FUNDING

[1] Funding Restrictions:

MVSJLF will fund grants for non-profit organizations or institutions only. Each Grantee Institution must submit evidence of its tax-exempt status to MVSJLF before the distribution of any Grant including but not limited to, a tax determination from the Internal Revenue Service.

Funds shall be awarded to the Grantee Institution and not to individual Grant Manager. All Grants must be used exclusively for project/program development and execution and not for overhead, capital expenditures, administrative costs or other peripheral costs, except where MVSJLF, in its discretion, may make an exception for costs associated with the publication of the results of the MVSJLF sponsored research in academic journals, or for costs associated with participation in academic conferences.

[2] Discontinuation of Grant Funding and Termination of Grant Agreement:

Although MVSJLF has committed grant funds for the Term of the Grant, MVSJLF reserves the
right to terminate the Grant and Grant Agreement at any time before the end of the Term in the
event of a breach of any of the terms and obligations stated herein. In the event of termination,
no further Grant payment will be made, and Grantee Institution shall be required to return any
Grant funds that have been advanced. Either party may terminate the Grant Agreement upon
thirty (30) days prior written notice to the other party. If terminated by MVSJLF for reasons other
than Misconduct, then Grantee Institution is entitled to full repayment for all non-cancelable
commitments associated with MVSJLF.

[3] Program/Project Misconduct:

The Grantee Institution identified in the Grant Agreement shall have in place adequate controls
and systems for assuring the quality and integrity of the project/program carried out under the
supervision of the Grant Manager so that Program/Project Misconduct shall be prevented, and if
not prevented, the conduct shall be detected and terminated forthwith, and Grantee Institution
shall notify MVSJLF of such detection and termination. The Grantee Institution shall have
effective mechanisms for identifying Project/Program Misconduct and shall have clearly
publicized rules and procedures for investigating allegations of Program/Project Misconduct.

MVSJLF holds both material and intangible interests in all program/project development
pursuant to the Grant Agreement and Supported Program/Project. In the event that the Grant
Manager, or staff member, is reasonably determined by the Grantee Institution, or by an
independent institutional inquiry, to have been found to have engaged in Program/Project
Misconduct, MVSJLF holds the right to terminate any funding authorized by this Grant
Agreement to that Grant Manger, or staff member, in its sole discretion. Termination of the
award may be initiated regardless of whether the perpetrator of the misconduct was the named
Grant Manager or any person under the supervision of the Grant Manager, including but not
limited to students, trainees, volunteers, and employees. If the perpetrator of the misconduct is
a collaborator or person under the supervision of a collaborator named on the MVSJLF Grant
application, termination may be initiated only if the Program/Project Misconduct is directly
related to the Specific Aims of the Supported Program/Project of the Grant.

Termination of the Grant Agreement due to Program/Project Misconduct shall require the return
of all Grant funds authorized under this Grant Agreement and advanced to the Grantee
Institution in the name of the Grant Manager. In the event of termination for the reasons set forth
in this section, the Grant Manager and Grantee Institution shall reimburse MVSJLF for all
reasonable costs incurred by MVSJLF in obtaining the return of the Grant award funds,
including but not limited to, reasonable attorney’s fees, except as prohibited by applicable state
law.

The interest of MVSJLF in any Grant awarded shall be understood to persist indefinitely
following the expiration of the Grant. Should the Program/Project Misconduct be reasonably
determined by MVSJLF or by an independent institutional inquiry to have occurred in relation to
this MVSJLF Grant after termination of the Grant, MVSJLF shall have the right to demand, and
Grantee Institution shall return, all funds advanced to the Grantee Institution under the Grant
and the reimbursement of all reasonable costs incurred by MVSJLF in obtaining the return of
the Grant award funds, including but not limited to, reasonable attorney’s fees, except as
prohibited by applicable state law.

MVSJLF may, in its discretion, decline the application of, and prohibit any Grant Manager found
to have been guilty of, Program/Project Misconduct from seeking future Grant funding from
MVSJLF.

[4] Indemnity and Liability:

Solely to the extent that Grantee Institution is authorized by Massachusetts laws and
constitution, Grantee Institution agrees to indemnify MVSJLF, its officers, directors, employees,
agents, successors and assigns (the “Indemnitee”) from any loss, liability, damage, cost or
expense including reasonable attorneys' and accountants’ fees suffered by Indemnitee arising
out of, or connected in any way with any claims made against it due to activities involving (c)
personal injury, bodily injury, or property damage; and (d) breach of any of the representations
or covenants contained in this Grant Agreement, including the Intellectual Property Contract,
Release of Grant Information Agreement, and any deliverable required under this Grant
Agreement, except as prohibited by applicable state law. 

Grantee Institution will maintain insurance coverage with policy limits sufficient to cover the
aforesaid indemnity obligations and scope of activities contemplated in this Grant Agreement
and will name MVSJLF as an additional insured. Grantee Institution will, at the reasonable
request of MVSJLF, provide MVSJLF with evidence of such insurance coverage. 

Alternatively, in the event that Grantee Institution is self-insured, Grantee Institution will self-
insure with amounts sufficient to cover the aforesaid indemnity obligations and scope of
activities contemplated in this Grant Agreement.

Each party shall be responsible for its own negligent acts and any loss, liability, damage, cost or
expenses resulting therefrom and shall not be responsible for the acts of the other party. Each
party will assume all risks and liability to itself, its agents, or employees for any injury to persons
or property to the extent such negligent conduct results from its own acts and/or the acts of its
agents or employees performing under this agreement.

The parties will work cooperatively to resolve any disagreements that may arise in connection
with this provision.  If such efforts fail, they shall first try to resolve the issue(s) through
mediation before seeking a determination from any court.

[5] Public Education:

Acceptance of this Grant shall be deemed consent of the Grantee Institution to the publication of
information, including the title of the Program/Project, the name and institutional affiliation of the
Grant Manager, the amount of the award and the non-technical project summary. The non-
technical summary shall not contain confidential information.

[6] Confidentiality:

Any information provided by Grantee Institution or the Grant Manager that is explicitly marked
non-confidential as provided for in the attached “MVSJLF Release of Grant Information
Agreement” (hereby incorporated by reference) shall be considered available to MVSJLF for
purposes of public education or marketing without further consultation with the Grant Manager
or Grantee Institution.

[7] Publications:

All publications resulting from the program/project sponsored by MVSJLF Grants shall give the
following or similar credit: Acknowledgement is made to the donors of the XXX, a program of the
MVSJLF Foundation, for support of this program/project. XXX is understood to represent the
program/project through which the grant is made.

Grantee Institution should make good faith efforts to include the MVSJLF logo when MVSJLF-
supported program/project efforts are represented in public through communications and media
wherein the logos of sponsoring agencies are traditionally depicted (e.g., slide presentations,
poster presentations, study enrollment fliers, etc.). A copy of the MVSJLF logo may be
downloaded from the MVSJLF website, and is currently maintained at http://socialjusticemv.org/

Additional acknowledgement should be given to any Grant made in a memorial or honor of a
named person. Notification of such memorials or honors shall be made to the Grant Manager by
Official Written Correspondence from MVSJLF.

For all scientific publications of work supported by MVSJLF, the Grant Manager is responsible
for informing MVSJLF within two weeks of notification of an editorial decision to accept a
manuscript for publication. Manuscripts posted on a pre-print database should be provided by a
hyperlink at the time of posting.

[8] Publicity:

Publicity of awards is an essential component of MVSJLF’s mission to educate the public
concerning issues regarding MVSJLF’s program areas. By acceptance of the award, the Grant
Manager agrees to participate in targeted promotional activities including media interviews,
social media, and videos. Participation of the Grantee Institution in such publicity shall be
governed by Grantee Institutional policy. Grantee Institutional representatives other than the
Grant Manager shall only be reimbursed for expenses at the discretion of MVSJLF.

[9] Renewals:

All requests for renewal of MVSJLF support should be made by submission of a new application.

[10] Requests For Supplemental Funding:

MVSJLF has an interest in the continued success of its grantee managers. At the termination of
the Grant Agreement, if the Grant Manager has been unable to secure additional funding for
their research or program/project, MVSJLF may at its sole discretion, and in rare circumstances,
grant limited additional support to the Grant Manager. Any Grant Manager seeking such aide
should contact the MVSJLF and must make the request in writing before the expiration of the
Grant Agreement.

ADMINISTRATIVE REQUIREMENTS

[11] Budget Guidelines, Revisions, and No Cost Extensions:

The budget may not contain administrative overhead or indirect costs and should be prepared in
U.S. dollars.

The transfer of more than $1000. from one budget category to another requires written approval
from MVSJLF. Requests for such transfers must be made through Official Written
Correspondence, provide justification for the proposed transfer, and submit a copy of the new
proposed budget.

In the event that there is more than 15% of the total grant award remaining in the Grant account
at the end of the Grant period, the Grantee Institution or Grant Manager may request permission
to extend the grant period for a period not to exceed six months with no increase in
funding. Requests for such “No Cost Extensions” must be made through Official Written
Correspondence before the expiration of the award.

If a request for a No Cost Extension is approved for an extension period greater than three
months, an interim program/project progress report and financial statement shall be required
within thirty (30) days following the original termination of the award. A final financial and
project/program progress report shall be required within thirty days (30) following termination of
the approved No Cost Extension.

[12] Financial Reports:

MVSJLF requires a certified financial report for each year of the Grant. MVSJLF will provide
forms for submission of the financial reports though the grantees online application portal at
http://socialjusticemv.org/.

If the grant is for a period of time exceeding one year, a 12-month Interim Financial Report
showing allocations and expenditures for the first Grant year must be submitted by 30 days from
the one-year anniversary of the start date, for each year of the grant (e.g., for a start date of
July 16, the Grant year is through July 16 the following year, and the Interim Financial Report
must be submitted by August 16 that year). This report must be signed by the Grant Manager and
a representative of the Grantee Institution and must show that Grant funds were used in
accordance with the approved budget.

Delinquent reports or reports describing unapproved expenditures may result in delays of
scheduled award payments or, at the sole discretion of MVSJLF, or termination of the Grant.

A Final Financial Report showing allocations and expenditures for the Grant must be submitted
within two months after expiration of the Grant Agreement (within two months after the
expiration of the No Cost Extension, if the grant has been extended). This report shall be made
in lieu of the Interim Financial Report, must be signed by the Grant Manager and an authorized
signatory of the Grantee Institution, and must show that grant funds were used in accordance
with the approved budget. Unexpended grant funds in excess of U.S. $25 shall be returned to
MVSJLF at the time of the Final Financial Report.

MVSJLF shall have the right to decline to review future funding proposals made by any Grant
Manager or Grantee Institution, if the Grant Manager fails to submit the appropriate Final
Financial Report (or return unexpended grant funds in excess of U.S. $25), until such
requirements are submitted to MVSJLF.