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2019 MONTANA HEALTHCARE FOUNDATION - GRANT rid mO N'I t��NA 11? Montana Healthcare Foundation Grant Agreement Terms and Conditions This Grant Agreement ("Agreement") sets forth the terms and conditions for the following grant from the Montana Healthcare Foundation ("MHCF")to Jefferson County Mental Health Local Advisory Council ("Grantee"). MHCF and Grantee are sometimes collectively referred to in this Agreement as "the parties."Under the terms of this Agreement, MHCF will make a one-year grant of$11,642.00 (the"Grant")to Grantee to support Grantee's project,Support Our Youth Through Positive Parenting. When fully executed,these terms and conditions will govern all aspects of Grantee's work on the funded project. Agreement Grantee: Jefferson County Mental Health Local Advisory Council Project Title: Support Our Youth Through Positive Parenting Project Summary: Through this project,the Jefferson County Mental Health Local Advisory Council will partner with the Jefferson County Health Department to deliver positive parenting classes to the residents of Jefferson County.This project stemmed from the identification of behavioral health as a top health concern in Jefferson County's community health assessment. In an attempt to take an upstream approach to improving behavioral health in the county,the health department and school nurse will utilize the state health department's online parenting program, Parenting Montana, and a positive parenting curriculum to encourage parenting practices that support the healthy child development. Grant funds will be used to purchase training materials and support program staff time to deliver the training and to work with community partners to identify good venues for program delivery. Partners involved in this project include the local advisory committee, county health department, local library, school nurse, elementary school, and Headstart. The overarching goal of this project is to establish healthy parenting practices that will support both parents and children and prevent behavioral health issues. Schedule of Payments: Payment Amount Scheduled Date Check Number Payment Notes $11,642.00 08/09/2019 $11,642.00 Total Grant Amount: $11,642.00 Page 1 of 8 ots\i[A NA Total Grant Budget: $11,642.00 Grant Term: 12 months Grant Start and End Date:August 01, 2019-July 31,2020 Project Manager: Barb Reiter, Prevention Specialist breiter@jeffersoncounty-mt.gov Executive Director or Chief Executive Officer: Karen Wandel, Chairperson kwandel@jeffersoncounty-mt.gov Terms and Conditions: 1. Representations and Warranties Regarding Non-Supplanting of Governmental Funds • Grantee hereby represents and warrants that all program activities to be funded by the Grant are not mandated by law,and State or Federal appropriated funds will not be decreased or diverted for other uses because of the availability of these grant funds. • Grantee hereby represents and warrants that funds provided pursuant to this Grant from MHCF shall only be used to supplement and,to the extent practical, increase the level of funds that would, in the absence of the funds provided pursuant to this Grant from MHCF, be made available from governmental sources. • Grantee hereby represents and warrants that in no case will funds provided by MHCF pursuant to this Grant be used to supplant governmentally appropriated funds. • Grantee hereby represents and warrants that any funds provided by MHCF pursuant to this Grant shall be promptly returned to MCHF in the event that: • Grantee, or any person with whom Grantee contracts, uses any of the funds provided by MHCF pursuant to this Grant in a manner that supplants government appropriated funds;or • Appropriated government funds become available for the proposed projects during the Grant Term. 2. Further Restrictions on Use of Grant Funds Unless agreed to pursuant to the terms of this Agreement,funds provided by MHCF pursuant to this Grant shall be used only for activities described in the project summary above and the grant proposal approved by MHCF that qualify as charitable or educational activities under Section 501(c)(3) of the Internal Revenue Code (the "Code"). Furthermore, Grantee agrees and covenants that no funds provided by MHCF pursuant to the Grant described in this Agreement will be used: • to carry on propaganda, or otherwise to attempt to influence any legislation (within the meaning of Section Page 2 of 8 . 1C.O.N'I A A Vellji '. . Hi O i E \ N. i i t y ... 4945(d)(1) of the Code); • to influence the outcome of any specific public election or to carry on,directly or indirectly, any voter registration drive(within the meaning of Section 4945(d)(2) of the Code); • to make any grant which does not comply with the requirements of Section 4945(d)(3) or 4945(d)(4) of the Code; • to undertake any activity for any purpose other than one specified in Code Section 170(c)(2)(B). 3. Grantee Tax Status Grantee certifies that it has been determined by the Internal Revenue Service to be a tax-exempt organization described in Section 501(c)(3) of the Code;tax exempt educational institutions;or a state,tribal or local governmental agency,and not a private foundation as described in Section 509(a) of the Code. Grantee agrees to notify MHCF immediately of any change in its tax status, and Grantee understands and acknowledges that any change in tax status may result in MHCF withholding additional grant funds,demanding repayment of Grant funds, and/or terminating this Agreement. 4. Subcontractors If Grantee uses Grant funds to pay for subcontractors or other vendors ("Subcontractors")to assist in the Project, Grantee will be responsible for ensuring that all Subcontractors perform the work in a manner consistent with the terms and conditions of this Agreement,and that the Subcontractors will be bound by the terms of this Agreement. Upon request,Grantee shall provide to MHCF information regarding the Subcontractors, including but not limited to: • Subcontractor's name, address,telephone numbers,contact persons, contract amounts and program description for each agreement; and • All documents, papers, and records relevant to the work performed using Grant funds. 5. Communication Grantee agrees to: • Collaborate with MHCF to identify and disseminate noteworthy success stories and lessons learned in the course of developing the deliverables identified in this Agreement; • Provide MHCF with periodic updates of any media coverage of the activities funded under this Agreement; and • Promptly notify MHCF of any negative media reports or issues that may create reputational risks, and to collaborate to develop a timely public response. 6.Acknowledgment and Disclaimer • Grantee agrees that it will acknowledge MHCF's support in any materials produced pursuant to this Agreement and whenever activities or projects funded, in whole or in part, by this Agreement are publicized by Grantee in videos, brochures,articles,seminars or other types of promotional material. To accomplish Page 3 of 8 1" 4 ; IVION1 ADNA " ti _ i ± ( :\ f 1 41 t _v I. k 1 ( ( 1 \ 1 ) 1 it ) -, this, Grantee shall include in any draft or final publication resulting from work performed under this Grant an acknowledgement substantially as follows: "This [publication, report,seminar,etc.]was funded by a grant from the Montana Healthcare Foundation. [[Grantee Name]] is solely responsible for the statements and conclusions included in this [[publication, report, seminar,etc.]]." • Grantee agrees that MHCF may include information regarding this Grant in MHCF's periodic public reports. 7. Modifications and Revisions to Agreement No amendment or variation of the Project activities,timeline,or budget shall be valid unless made in writing and signed by both parties. MHCF may, in MHCF's sole and absolute discretion,approve proposed changes to the Project activities,timeline or budget. All requested revisions must follow these criteria: • Budget revisions:Any requested revision of the budget that results in a change of a minimum of ten percent (10%) or$5,000 whichever is greater, between approved budget categories must be approved in writing by MHCF. To request a budget revision,Grantee must submit a revised project budget clearly denoting the requested changes, accompanied by a brief explanation of the rationale for the changes. • Revisions to the Work Plan:To request a change in the Work Plan,Grantee must submit a brief written request that outlines the changes proposed and the rationale for such changes. Any requested change in the Work Plan must be approved in writing by MHCF. • Revisions to the approved timeline: In the event that major items in the Work Plan will be delayed by more than 60 days,or less than 60 days if such delay may have an impact on the project's success, Grantee must notify its MHCF program officer immediately,and propose a new timeline to complete the work. MHCF reserves the right to withhold scheduled payments if, in MHCF's sole and absolute discretion, Grantee is not making adequate progress on the Work Plan. 8. Records,Accounting and Audit • During the Grant Term,and for six (6)years after its completion, Grantee agrees to maintain financial records (e.g., invoices, receipts and banking records) documenting how the Grant funds are expended,and documenting compliance with the requirements of this Agreement and with State and Federal law. • Grantee shall make such financial records available for inspection by MHCF at reasonable times, if deemed necessary by MHCF. • MHCF may conduct administrative reviews and investigations, including audits, at MHCF expense,to assure the appropriate performance of the duties required by this Agreement, and the appropriate expenditure of monies,deliverables,or provision of services pursuant to the Agreement. Grantee shall provide MHCF and its agents access to and the right to record or copy any and all records and information necessary to conduct any administrative review or audit. 9. Program Reporting Requirements All reports will be submitted electronically using the grants management system reporting templates. • Financial reporting: Grantee shall provide interim reports of expenditures in each approved budget line Page 4 of 8 , o N TA IA ill ! ‘ I i ii (ARI I (III \ I) .1 i 1 ( (including Personnel, Fringe Benefits, Expenses,Contracts,and Indirect Expenses) per this agreement's Grantee Reporting Detail section. • Narrative reporting: Grantee shall provide narrative reports that describe progress per this agreement's Grantee Reporting Detail section. These reports shall be brief, and may include attachments of materials completed during the reporting period in lieu of lengthy descriptions of those materials. In addition, Grantee shall attach copies of any major work products produced during the grant term, particularly those that will help MHCF understand the results of the project,or from which other organizations doing similar work in Montana might benefit(such as key publications, presentations,toolkits,or reports). The reports may reference or draw directly from previous progress reports and other material to reduce redundancy. • Final reporting: Grantee shall provide a final financial report summarizing expenditures during the Grant Term, and a final narrative report indicating accomplishments under each item in the Work Plan. Any evaluations described in the Work Plan should be detailed in or attached to the final report and shall address lessons learned, best practices, notable accomplishments, case studies,and other relevant issues as presented in the grant application and deliverable section of this agreement. The due date for the final report is listed in the Grantee Reporting Section of this Agreement. • All reports described in this Section provided by Grantee to MHCF shall be electronically or manually signed by a duly authorized officer of Grantee and include the following certification in the report or in an attached letter: "All activities by the organization preparing this report were and are consistent with its status under IRC sections 501(c)(3) and 509(a);tax exempt educational institution;or state,tribal,or local government agency which has not changed since this organization's last proposal to the Montana Healthcare Foundation ("MHCF") except as the organization has specifically notified MHCF in a separate written communication. No Grant funds were used for lobbying,as that term is defined in IRC sections 501(c)(3) and/or 501(h) and 4911. This organization warrants that it is in full compliance with its Grant Agreement with MHCF and that all restrictions set forth in that Agreement have been observed." Grantee Reporting Detail Progress Report I: Report Due Date 02/29/2020 Final Progress Report Due: Report Due Date 08/31/2020 10. Copyright and Intellectual Property Page 5 of 8 r "' # Pvt()N1 A NA 1 ' »t !,, 1 , 1 ;A 1 1 1 i t t i; ! • Grantee shall provide MHCF with a copy of all reports,technical information, products, materials and deliverable data produced as a result of the Grant. • Grantee hereby grants to MHCF a nonexclusive, irrevocable,perpetual, royalty-free license to reproduce, publish, republish,summarize, excerpt or otherwise use and license others to use, in any format, including in any future form not yet discovered or implemented, any and all such materials produced in connection with this Grant. • Grantee represents and warrants that all material produced pursuant to this Agreement will be original material and will not infringe upon any copyright or any other trademark or right of any other person, corporation or entity,and has not previously been published. 11. Human Subjects Research If the grant is to be used in whole or in part for research involving human subjects, Grantee hereby certifies that it shall conduct the research in compliance with the ethical standards and the criteria for approval and conduct of research set forth in United States Department of Health and Human Services policy for the protection of human research subjects (45 C.F.R. Part 46 and related guidance,as amended from time to time) and all other federal and state laws applicable to the research project. Such requirements may include, but are not limited to, obtaining and maintaining institutional review board (IRB) approval and obtaining informed consent of participating research subjects. 12. Privacy and Security of Health Information The parties acknowledge that Grantee may receive or develop individually identifiable protected health information as part of the research required to develop the deliverables identified by this Agreement. Grantee represents and warrants that any individually identifiable health information used or disclosed in connection with this grant will be used and disclosed in compliance with applicable federal and state statutes and regulations regarding the privacy and security of such information including, but not limited to,the Health Insurance Portability and Accountability Act of 1996,42 U.S.C. Section 201 et seq.,as amended, and its applicable implementing regulations,45 C.F.R. Part 164(HIPAA); and Montana Government Health Care Information Act, Title 50,chapter 16, part 6. Any health information reported to MHCF or any other third party will be de-identified within the meaning of the HIPAA privacy rule or will be consistent with the research subject's signed HIPAA authorization or will be otherwise permissible under law. 13. Replacement of Key Personnel Grantee agrees to provide MHCF notice no more than fourteen (14) days after any Key Personnel identified in this Agreement depart from Grantee or end their leadership of the Project.The notice shall describe both interim and long-term plans for staffing the Project and ensuring adequate and timely completion of all items in the Work Plan. 14. Liability Indemnification and Waiver Page 6 of 8 M()N tANA :il Grantee agrees to indemnify,defend and save harmless MHCF, its officers,Trustees and employees from any and all claims and losses accruing or resulting from Grantee and all sub-contractors,suppliers,and any other vendor performing services or supplies in connection with the performance of this Agreement, including,without limitation, any activities or events related to or arising from the Project or otherwise associated in any way with the Grant, and from any and all claims and losses accruing or resulting to any person,firm or corporation who may be injured or damaged by Grantee,or its contractors,subcontractors or employees in connection with the performance of this Agreement, including,without limitation,any activities or events related to or arising from the Project or otherwise associated in any way with the Grant. 15. Insurance Grantee shall obtain and keep in force for the term of this Agreement,and require its subcontractors to obtain and keep in force, insurance policies which cover any acts or omissions of the Grantee,or its employees or agents engaged in the provision of services or performance of activities funded by this Agreement. Such insurance coverage shall be in compliance with applicable law,and shall include workers' compensation insurance in the statutory amount,general liability insurance with a minimum aggregate limit of One Million Dollars ($1,000,000.00),and such other insurance as MHCF may require from time to time. MHCF may require Grantee to name MHCF as an additional insured party. In such case,Grantee shall provide a copy of each Certificate of Insurance. Grantee shall notify MHCF prior to any insurance policy cancellation or substantial change of policy. 16.Assignment Unless specifically identified in this Agreement,Grantee's interest and responsibilities under this Agreement shall not be assignable by Grantee in whole or in part without the written consent of MHCF,which consent can be withheld by MHCF in its sole and absolute discretion. 17. Relationship between the Parties In the performance of this Agreement, Grantee and Grantee's agents and employees shall act in independent capacities and not as officers,employees, representatives or agents of MHCF and shall have no right to obligate or bind MHCF in any manner whatsoever. Nothing in this Agreement shall create the relationship of partners or joint venturers or principal/agent or affiliated entities between the parties. The grant described in this Agreement is made with the express understanding that the MHCF has no obligation to provide other or additional support to Grantee. 18. Severability In the event that any provision of this Agreement is unenforceable,or held to be unenforceable or invalid, it shall be severable from the remainder of the Agreement. The parties agree that all other provisions of this Agreement shall continue to have full force and effect and not be affected by such ruling. 19.Termination Page 7 of 8 C_)\"dry/ N i , :. i ii is i I ( , i. I !) 11 0,, • Grantee agrees that this Agreement will be terminated if: (i) MCHF determines that the Grantee has failed to comply with the conditions of this Agreement or applicable laws and regulations; or(ii) Grantee ceases to be a tax-exempt organization described in section 501(c)3 of the Code;tax exempt educational institution;or state,tribal,or local government agency,or ceases to be classified as not a private foundation under section 509(a) of the Code. • Grantee also expressly agrees that MCHF, at its sole option, may terminate the Agreement at any time if, in MCHF's judgement, Grantee has failed to use any portion of the Grant funds for the purposes described in the Work Plan, or Grantee becomes unable to carry out the purposes of the grant. • If the Agreement is terminated,the Grantee shall submit final program and financial reports and promptly return all unused Grant funds to MCHF. If MCHF, in its sole and absolute discretion,determines Grant funds were used improperly, MCHF may require Grantee to repay to MCHF an amount equal to the improperly used funds. 20. Governing Law; Entire Agreement This Agreement shall be construed in accordance with, and governed by,the laws of the State of Montana. This Agreement embodies the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements, if any, relating to the Grant described in this Agreement. 21. Schedule of Payments Payments will be made according to the schedule in this Agreement. MHCF reserves the right to withhold scheduled payments,demand repayment of Grant funds, and/or terminate this Agreement if, in MHCF's sole and absolute discretion, it determines Grantee has violated any of the terms of this Agreement. This Agreement was executed by duly authorized agents of the parties on the dates specified below: MONTANA HEALTHCARE FOUNDATION,a Montana Charitable Trust Aaron Wernham, MD, MS Chief Executive Officer GRANTEE: Jefferson County Mental Health Local Advisory Council Signature: r� -b�e/fie` Signature: Barb Reiter(Jul 24,2019) aaron wernham(Jul 24,2019) Email: breiter@jeffersoncounty-mt.gov Email: aaron.wernham@mthcf.org Page 8 of 8 Grant Agreement(20620482)_201907221146 Final Audit Report 2019-07-25 Created: 2019-07-22 By: Montana Healthcare Foundation(info@mthcf.org) Status: Signed Transaction ID: CBJCHBCAABAAEW1M19uvJbWQRbtF10yIC9I10gUyY62D "Grant Agreement(20620482)_201907221146" History n Document created by Montana Healthcare Foundation (info@mthcf.org) 2019-07-22-3:46:26 PM GMT-IP address:34.197.142.38 Document emailed to Barb Reiter(breiter@jeffersoncounty-mt.gov)for signature 2019-07-22-3:46:30 PM GMT n Email viewed by Barb Reiter(breiter@jeffersoncounty-mt.gov) 2019-07-24-8:51:31 PM GMT-IP address:54.183.73.106 d© Document e-signed by Barb Reiter(breiter@jeffersoncounty-mt.gov) Signature Date:2019-07-24-9:06:00 PM GMT-Time Source:server-IP address:209.200.206.14 Document emailed to aaron wernham (aaron.wernham@mthcf.org)for signature 2019-07-24-9:06:02 PM GMT n Email viewed by aaron wernham (aaron.wernham@mthcf.org) 2019-07-25-3:04:38 AM GMT-IP address:35.175.188.15 b© Document e-signed by aaron wernham (aaron.wernham@mthcf.org) Signature Date:2019-07-25-3:04:59 AM GMT-Time Source:server-IP address:174.208.3.143 Q Signed document emailed to Barb Reiter(breiter@jeffersoncounty-mt.gov),aaron wernham (aaron.wernham@mthcf.org)and Montana Healthcare Foundation (info@mthcf.org) 2019-07-25-3:04:59 AM GMT Adobe Sign