HomeMy WebLinkAbout18- Grant Agreement - Gallatin Mental Health Center - General Funding GRANT AGREEMENT
Gallatin Mental Health Center Funding
THIS AGREEMENT is made and entered into this day of bu , 2018 by and between
the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse
Ave., Bozeman MT 59771 ("City") as Grantor and Gallatin Mental Health Center ("GMHC"), a
Division of Western Montana Mental Health Center, a Montana 501(c)(3) not for profit public
purpose corporation located at 699 Farmhouse Lane, Bozeman Montana 59771 as Grantee.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, on June 25, 2018 GMHC presented a proposal to the City Commission for a grant of
$18,000 for general operation of GMHC, which identified strategic areas for use of the City
funding; and
WHEREAS, on September 10, 2018, the Commission appropriated $18,000 for general funding
for GMHC; and
WHEREAS, the City approved the GMHC proposal for the funds on September 10, 2018.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GMHC a sum of up to eighteen thousand
dollars ($18,000) from its General Fund (the "Grant") pursuant to the payment terms in
Section 3.
2. Use of Grant Funds. Grant funds will be used by GMHC for the sole purpose of general
operation as described in GMHC's proposal presented June 25, 2018 (the "Project"),
attached hereto as Exhibit A and by this reference incorporated herein.
3. Payment of Grant Funds
a. GMHC may request the Grant funds during the fiscal year ending June 30, 2019
as needed by providing proof of expenses paid. Acceptable forms of proof of
payment shall be as determined in the sole discretion of the City's Director of
Finance.
b. Any funds from the Grant not awarded during the fiscal year ending June 30,
2019 will remain in the City's General Fund and will be available for other
appropriation.
FY 2019 Grant Agreement—GMHC General Funding Page 1
4. Grantee Representations
a. GMHC has familiarized itself with the nature and extent of this Agreement and
with all local conditions and federal, state and local laws, ordinances, rules, and
regulations that in any manner may affect GMHC's performance under this
Agreement.
b. GMHC represents and warrants to City that it has the experience and ability to
perform its obligations under this Agreement;that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement; and
that its performance of this Agreement shall not infringe upon or violate the
rights of any third party, whether rights of copyright,trademark, privacy,
publicity, libel, slander or any other rights of any nature whatsoever, or violate
any federal, state and municipal laws. The City will not determine or exercise
control as to general procedures or formats necessary for GMHC to meet this
warranty.
c. GMHC represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GMHC, GMHC
will provide to the City a formal written report that includes, at a minimum, the proof of
expenses paid. GMHC agrees to develop and/or provide such other documentation as
requested by the City demonstrating GMHC's compliance with the requirements of this
Agreement. GMHC must allow the City, its auditors, and other persons authorized by
the City to inspect and copy its books and records for the purpose of verifying that
monies provided to GMHC pursuant to this Agreement were used in compliance with
this Agreement and all applicable provisions of federal, state, and local law. GMHC will
retain such records for seven years after receipt of final payment under this Agreement
unless permission to destroy them is granted by the City. GMHC shall not issue any
statements, releases or information for public dissemination without prior approval of
the City.
6. Independent Contractor Status. The parties agree that GMHC, its agents, employees,
contractors, or subcontractors, are independent contractors for purposes of this
Agreement and are not to be considered employees or agents of the City for any
purpose. GMHC and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the City's personnel policies handbook and may
not be considered a City employee for workers' compensation or any other purpose.
FY 2019 Grant Agreement—GMHC General Funding Page 2
GMHC, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
7. Default and Termination. If GMHC fails to comply with any condition of this Agreement
at the time or in the manner provided for, the City may terminate this Agreement if the
default is not cured within fifteen (15) days after written notice is provided to GMHC.
The notice will set forth the items to be cured. If this Agreement is terminated pursuant
to this Section, GMHC will repay to the City any Grant funds already delivered to GMHC
for the Project.
8. Limitation on GMHC's Damages;Time for Asserting Claim
a. In the event of a claim for damages by GMHC under this Agreement, GMHC's
damages shall be limited to contract damages and GMHC hereby expressly
waives any right to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions
costs, or lost profits damages of any nature or kind.
b. In the event GMHC wants to assert a claim for damages of any kind or nature,
GMHC must first provide City with written notice of its claim,the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GMHC fails to provide such
notice, GMHC shall waive all rights to assert such claim.
9. Representatives
a. City's Representative. The City's Representative for the purpose of this
Agreement shall be Kristin Donald or such other individual as City shall designate
in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City's Representative and approvals or
authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City's Representative is not available, GMHC
may direct its communication or submission to other designated City personnel
or agents and may receive approvals or authorization from such persons.
b. GMHC's Representative. GMHC's Representative for the purpose of this
Agreement shall be Michael Foust or such other individual as GMHC shall
designate in writing. Whenever direction to or communication with GMHC is
required by this Agreement, such direction or communication shall be directed
FY 2019 Grant Agreement—GMHC General Funding Page 3
to GMHC's Representative; provided, however, that in exigent circumstances
when GMHC's Representative is not available, City may direct its direction or
communication to other designated GMHC personnel or agents.
10. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GMHC
agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GMHC's (i) negligence, or (ii)willful or reckless misconduct.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). GMHC's indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against GMHC to
assert its right to defense or indemnification under this Agreement or under GMHC's
applicable insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines GMHC was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any
portion(s)thereof.
In the event of an action filed against City resulting from the City's performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GMHC also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except "responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or
negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
FY 2019 Grant Agreement—GMHC General Funding Page 4
In addition to and independent from the above, GMHC shall at GMHC's expense secure
insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by GMHC in this Section. The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by GMHC in this Section
unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the
City without limit and without regard to the cause therefore and which is acceptable to
the City and GMHC shall furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
• Workers' Compensation—statutory;
• Employers' Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability-$1,000,000 per occurrence; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General Liability policy. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or
non-renewal. The City must approve all insurance coverage and endorsements prior to
delivery of Grant funds to GMHC. GMHC shall notify City within two (2) business days of
GMHC's receipt of notice that any required insurance coverage will be terminated or
GMHC's decision to terminate any required insurance coverage for any reason.
11. Nondiscrimination. GMHC will not discriminate on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, or physical or mental disability in providing access, support
or assistance pursuant to this Agreement to youth in need of shelter. GMHC will have a
policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. GMHC will not refuse
employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of
race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual
or perceived sexual orientation, gender identity, physical or mental disability, except
when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. GMHC shall be subject to and comply with
FY 2019 Grant Agreement—GMHC General Funding Page 5
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all
regulations promulgated thereunder. GMHC shall require these nondiscrimination
terms of its sub-Contractors providing services under this agreement.
12. Public Meetings and Access to Public Records
a. Meetings of GMHC that pertain to the receipt or expenditure of Grant funds from
the City are subject to the open meeting requirements of Montana law, including
those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To
ensure compliance, GMHC will provide agendas for meetings that pertain to the
receipt or expenditure of Grant funds covered by this Agreement to the City Clerk's
office no later than 72 working hours prior to meeting for notice on the City's official
posting board and any other sites deemed reasonable by the Clerk's office. In
addition, meeting minutes will be kept by GMHC and provided to the City Clerk's
office no later than 90 days after the meeting. These minutes shall be posted and
made available to the public by the City Clerk's office except for those minutes taken
during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a
closed meeting shall also be provided to the City Clerk's office but shall be handled
in accordance with the City Clerk's regular executive session protocol and kept
private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, GMHC shall make
such records available for inspection and copying by members of the public. GMHC
may charge for such copying in accordance with the policies of the City, which
GMHC hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public
and to determine whether information contained in GMHC documents is protected
by law from disclosure, GMHC may seek a determination of the City Attorney at no
cost to GMHC. Such request and determination shall not create an attorney-client
relationship between GMHC and the City.
13. Attorney's Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
FY 2019 Grant Agreement—GMHC General Funding Page 6
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents
of either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both parties.
15. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty(30) days from the
date the dispute was first raised, then such dispute may only be resolved in a
court of competent jurisdiction in compliance with the Applicable Law provisions
of this Agreement.
16. No Assignment. GMHC may not subcontract or assign GMHC's rights, including the
right to Grant payments, or any other rights or duties arising hereunder, without the
prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties' intent to confer third party beneficiary rights upon any other person or
entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. Non-Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event
of any subsequent default or breach.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
FY 2019 Grant Agreement—GMHC General Funding Page 7
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indica belo
te. 2- I �_
Andrea Surratt, City anager
City of Bozeman
4. a
Date: 10-11-V%
Levi Anderson, Chief Executive Officer
WMMHC- Gallatin
Xovedl as to form:
Date: 42-J
Greg Sullivan, City Attorney
City of Bozeman
FY 2019 Grant Agreement-GMHC General Funding Page 8
Exhibit A
Grant Proposal
FY 2019 Grant Agreement—GMHC General Funding Exhibit A
Dear Mayor and Commissioners,
This past year has been a challenging year for our profoundly mentally ill neighbors in Bozeman.
State budget cuts to medicaid case management, individual therapy, medication management and
crisis services has left our most vulnerable individuals and families without,or at risk of losing,
therapeutic community services that prevent and treat chronic/acute mental health crisis. My
concerns regarding further erosion of community mental health funding leads me to contact you
during this time of city fiscal planning.
I have great admiration for the city's dedication to addressing conditions that lead to mental health
issues and it's willingness to strategically prioritize improvement in the mental well-being of all
Bozeman citizens. Unfortunately, due to the state of Montana refusal to re-consider cutting
programs and funding for the mentally ill during this past fiscal year Gallatin Mental Health Center
has sustained staff reductions, a 55%rate cut to case management services and a 3.99% rate cut to
life-saving medication management and crisis services. As a result,we have over 85 individuals on a
wait list for individual therapy and case management. We have also experienced an increase in the
individuals in mental health crisis receiving services at Hope House over this past 6 months in
comparison to the previous year.This translates into approximately 5.5 beds filled per day at Hope
House compared to 4 per day the previous year.
We believe the increase in Hope House utilization is directly related to the state's dismantling of
case management. As a result, I am requesting$18,000 for this FY 2019 to fund a part-time case
manager at Gallatin Mental Health that will work directly with clients in crisis and discharged clients
to interrupt the cycle of recidivism.As important,the case manager will also work with clients to
decrease and remove the social, emotional and economic barriers that lead to mental health crisis.
Thank you for taking time to consider my request for supporting Gallatin Mental Health Center and
your thoughtfulness in caring for all Bozeman citizens. Please do not hesitate to contact me with any
questions.
Warm regards,
Michael A. Foust
Executive Director
Gallatin Mental Health Center
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