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Non-Profit COVID Relief Grant Agreement – Befrienders
(Bozeman) Page 1
NON-PROFIT COVID RELIEF GRANT AGREEMENT
Befrienders (Bozeman)
THIS AGREEMENT is made and entered into this ____ day of __________, 2021 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 Befrienders (Bozeman), a non-profit
business located at 807 N Tracy Ave, Bozeman, MT 59715 as GRANTEE.
WHEREAS, on November 22, 2020 the City Commission did adopt Resolution No. 5230
amending the City’s General Fund budget to appropriate the necessary funds to make grants to
non-profit entities for COVID pandemic relief, and
WHEREAS, on February 2, 2021 the City Commission did approve Non-profit COVID Relief
Grants, grantees, and amounts, and authorized the City Manager to enter into the necessary
grant agreements, and
WHEREAS, Befrienders (Bozeman) submitted an application for a Non-profit COVID Relief Grant
and was awarded a grant of $20,000 to assist in providing behavioral health related services
(the “Project”/the “Services”) that would benefit the residents of the City of Bozeman.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to Twenty thousand
dollars ($20,000) from its General Fund (the “Grant”) pursuant to the payment terms in
Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to Twenty thousand dollars
($20,000) will be used by GRANTEE for the sole purpose of support for Program
Manager position, operating and fundraising cost support, as described in the proposal
submitted by Grantee to the City Commission, attached hereto as Exhibit A and by this
reference incorporated herein.
3. Spending Deadline. It is agreed that all grant funds will be utilized by no later than
December 31, 2021.
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4. Payment of Grant Funds. The City agrees to disburse to GRANTEE Twenty thousand
dollars ($20,000) upon execution of this contract.
5. Grantee Representations
a. GRANTEE 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 Grantee’s performance under this
Agreement.
b. GRANTEE 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
grant the rights granted in it; 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 GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Behavioral Health projects and
services described in Exhibit A.
6. Compliance with Public Health Regulations. GRANTEE agrees to comply with all
Federal, State and Local COVID-19 pandemic-related public health orders when in effect
during the term of this grant. GRANTEE agrees all programs subject to and benefited by
this grant award will adopt protocols and procedures to ensure compliance with
Federal, State, and Local COVID-19 Pandemic Orders by its employees and
patrons. GRANTEE agrees violations of this provision are grounds for termination
pursuant to Default and Termination Section of this Agreement.
7. Reports/Accountability/Public Information. By no later than December 31, 2021,
GRANTEE will provide to the City a formal written report that includes, at a minimum
a. grant spending, in compliance with Exhibit A, indicting spending amounts by
calendar months, and
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b. an impact statement report describing the grant’s impact on program operations
and the benefits of the grant to the citizens of Bozeman, including number of
residents or clients impacted during the grant spending period, and
c. the entity’s annual financial report for the fiscal year the grant was received, and
d. GRANTEE agrees to develop and/or provide such other documentation as
requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement.
GRANTEE 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
GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all
applicable provisions of federal, state, and local law. GRANTEE 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. GRANTEE shall not issue any statements, releases or
information for public dissemination without prior approval of the City.
8. Independent Contractor Status. The parties agree that GRANTEE, 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. GRANTEE 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
9. Default and Termination. If GRANTEE 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 GRANTEE. The notice will set forth the items to be cured. If this Agreement
is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds
already delivered to GRANTEE under Section 3 of this agreement.
10. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby
expressly waives any right to claim or recover consequential, special, punitive,
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lost business opportunity, lost productivity, field office overhead, general
conditions costs, or lost profits damages of any nature or kind.
b. In the event GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE 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 GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
11. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be Anna Rosenberry, Assistant City Manager, 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, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this
Agreement shall Cameron Pantano, Executive Director or such other individual
as GRANTEE shall designate in writing. Whenever direction to or communication
with GRANTEE is required by this Agreement, such direction or communication
shall be directed to GRANTEE’s Representative; provided, however, that in
exigent circumstances when GRANTEE’s Representative is not available, City may
direct its direction or communication to other designated GRANTEE personnel or
agents.
12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE 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
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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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). GRANTEE’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 GRANTEE
to assert its right to defense or indemnification under this Agreement or under
GRANTEE’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
GRANTEE 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.
GRANTEE 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE 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
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the City and GRANTEE 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 GRANTEE. GRANTEE shall notify City within two (2) business
days of GRANTEE’s receipt of notice that any required insurance coverage will be
terminated or GRANTEE’s decision to terminate any required insurance coverage for any
reason.
13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
GRANTEE represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay
Act that Contractor has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
GRANTEE represents that it shall not engage in discriminatory practices. A discriminatory
practice occurs anytime a recipient of or applicant for services is denied services or has
some other negative action taken toward that recipient or applicant because of race,
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color, religion, creed, political ideas, sex, age, marital status, national origin, actual or
perceived sexual orientation, gender identity, physical or mental disability.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
14. Public Meetings and Access to Public Records
a. Meetings of GRANTEE 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, GRANTEE 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 GRANTEE 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, GRANTEE shall make
such records available for inspection and copying by members of the public.
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE 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 GRANTEE documents is
protected by law from disclosure, GRANTEE may seek a determination of the City
Attorney at no cost to GRANTEE. Such request and determination shall not create
an attorney-client relationship between GRANTEE and the City.
15. 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
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entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
16. 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.
17. 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.
18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including
the right to Grant payments, or any other rights or duties arising hereunder, without the
prior written consent of City.
19. 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.
20. 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.
21. 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.
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22. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
23. 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
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager
City of Bozeman
_______________________ Date: __________
Cameron Pantano, Executive Director
GRANTEE
info@befriendersbozeman.org
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
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2/22/2021
2/22/2021
Non-Profit COVID Relief Grant Agreement –Befrienders
(Bozeman) Exhibit A
Exhibit A
Grant Proposal
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COVID Non‐Profit Grant Applications
Applicant Name: Befrienders (Bozeman)
Amount Requested: $ 20,000
Funding Awarded: $ 20,000
General Category: Behavioral Health
Detailed Description Submitted: Since 1993, Befrienders has provided thousands of hours of
companionship, support and advocacy to seniors in the Gallatin Valley in a program that is entirely
free. We match a community volunteer (18+) with a senior (65+) for a commitment of
companionship of a minimum of one hour per week for a minimum of one year. Research has
definitively shown that companionship and reduction of social isolation among seniors is critical to
their physical and emotional wellbeing and quality of life, and we have seen repeatedly and
consistently in the last 27 years that these matches have brought great joy and enrichment to both
the seniors and their volunteers.
Due to COVID‐19, our donations in 2020 were way down from businesses and individuals. We had to
cancel our main fundraiser in September 2020 due to COVID and fear that the event could cost us
more than we would make, which would have been disastrous for our organization. Our fundraising
ability in 2020 via normal channels was severely curtailed because it was so difficult in 2020’s
economic climate to ask local businesses for donations, since many were suffering. Also, many
foundations were overwhelmed by grant requests, and/or their own donors were subject to
limitations given that the stock market was often unstable and many donors saw their retirement
savings swing up and down substantially.
As we prepare to enter 2021, there continues to be enormous uncertainty for our organization in
terms of fundraising. We simply don’t know where the necessary funds are going to come from to
sustain our operations, and our approved budget for 2021 is therefore by necessity largely educated
guesswork but also a song and a prayer. Given that the service we provide to seniors for free would
cost approximately $3,000 per year to pay for, any negative impact on our operations this coming
year would be a terrible result for the seniors in Gallatin Valley, especially those of limited means, and
their families and/or caretakers.$14,000 of the requested amount would be for the following uses:
$11,000 for operating expenses. We need approximately $5,500 per month to cover the salary of our
two employees, the Executive Director and the Program Manager, plus utilities, etc. Funding for
$11,000 in operating expenses would allow us to cover our overhead for two months, and position us
to be in much better standing as we await the vaccine/hopeful abating of COVID and enter Spring
2021. It continues to be our hope that by March or April, the economy’s full opening or the long‐
awaited start of normalization will allow a return to our regular fundraising avenues.
$1,500 to host small fundraisers at local businesses in town as soon as COVID permits it to be safe and
feasible for our seniors (e.g. a pizza night, a bowling night). These small fundraisers would further
shore up our operating capital, and also helpfully benefit those local businesses in the process.
$1,500 to: 1) greatly increase mailings/contact with our seniors, particularly those waiting to be
matched (our postage and printing costs in 2020 were astronomical compared to recent past years,
but we can't email or digitally senior participants and we must hard‐mail them any communications ‐‐
there is simply a technology gap there that must be recognized and dealt with); and 2) enable us to
continue our MSU intern program (we have 2‐3 interns per term, including Summer Term. and their
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COVID Non‐Profit Grant Applications
supervision in part is required by maintaining the Program Manager position), wherein Befrienders
provides real‐life experience for students studying Community Health and Geriatrics by placing
interns and practicum students into our program. The MSU intern program is just one example of
how intergenerational our program is: e.g., we also have MSU student Befriender volunteers who are
matched with seniors. Befrienders provides these and other wonderful opportunities for
intergenerational contact and cross‐cultural diversity and contact.Befrienders is poised to make a
tremendous leap forward in 2021 that would greatly benefit the Bozeman community in both the
immediate and long term future. Due to the generosity of the Dennis & Phyllis Washington
Foundation, we have a second employee (who started in 2020) for the first time in our history, who is
a Program Manager who can greatly help facilitate our goal to double our capacity by December
2021. We currently have approximately 60 active matches and dozens of volunteers and seniors
waiting on each side to make a match once COVID permits (currently most participants are in remote
virtual contact), and we have a current total of approximately 160 participants. With this requested
funding, we can spring into action once COVID is under control and create tremendous momentum
within the organization to increase our capacity and thereby decrease social isolation and loneliness
among our seniors in Bozeman. During the entire COVID period, we have continued to receive a
steady stream of new volunteer applications from kind‐hearted community members who care
deeply about mitigating senior isolation.
With the additional $6,000 requested in funding, we will:
• Double the number of seniors served to 120 by December 2021. Befrienders will be able to
serve and recruit more seniors with community outreach events, increased marketing efforts, and
conducting more senior home visits.
• Double the number of volunteers served to 120 by December 2021. Befrienders will be able
to train and recruit more volunteers with community outreach events, increased marketing efforts,
and conduct more volunteer trainings and background checks.
• Continue to maintain our 90% success rate among matches. This goal will be met by
maintaining our extensive and exhaustive upfront interview processes. During the volunteer training,
participants complete surveys on what they hope to gain from the program, what their interests are,
what type of activities they enjoy, what gender of senior they would be comfortable being matched
with, and any anticipated scheduling issues, among other things. Seniors are interviewed in their
home and asked these same questions in an effort to learn as much about them as we possibly can to
create a successful and enduring match.
• 90% of participating seniors in our program will report an increase in the quality of their life
and health. We conducted a survey in Fall 2019 and received 100 percent unanimity from
participating seniors that the program increased their quality of life and emotional and mental
wellbeing. With this requested funding, Befrienders will be able to continue to maintain the second
staff position and MSU interns who enable us to continue. among many other vital functions, to
survey participating seniors and carefully monitor program success for seniors, who are simply among
those in our most vulnerable population ‐‐ and never more so than in this time of COVID‐19.
• Through these surveys, 90% of participating volunteers in our program will report an increase
of joy in their life.
• Befrienders will help educate a minimum of 6 intern/practicum students from Montana State
University per year. Being able to maintain the position of Program Manager with this funding, the
Befrienders’ program manager will allow the capacity to train and work with these MSU students.
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COVID Non‐Profit Grant Applications
Befrienders' companionship program is self‐sufficient, but we are very fortunate to enjoy the support
and cooperation of many affiliated programs such as HRDC, the Senior Center, etc. Many of our
participants live in retirement homes, assisted living, and skilled nursing facilities. These facilities
welcome our volunteers, viewing them as vital components in maintaining a resident's quality of life.
We routinely receive referrals for seniors looking to join Befrienders from the staff at Senior Living
Communities throughout Bozeman. The Befrienders office is located on the second floor of the
Bozeman Senior Center, allowing us to interact with seniors every day under normal circumstances
(that is, non‐COVID times). We receive referrals not only from the Senior Center and RSVP staff who
are also housed in the building, but from seniors who come to the center for lunch, activities, and to
shop at the second hand store. Befrienders is a wonderful program that has never been able to really
grow and blossom because it has been severely limited by lack of staff, and the financial inability to
afford an additional staff position. Last year, our net profit was approximately $12,000. Because we
are solvent but always cut so close to the bone, financially, we've never been able to increase our
reach and effectiveness. If uncertainty and insecurity about funding in 2021 causes us to not be able
to maintain the second staff person, we will experience a very unfortunate backslide in the wrong
direction, and we think this would be extremely detrimental to the community. Without the Program
Manager, the Executive Director position will again become overwhelmed with programming and not
be able to take the organization to the next level, particularly as it pertains to growth in capacity and
fundraising. Bozeman is growing exponentially and the senior population along with it.All the specific
goals that can be facilitated by the requested funding ‐‐ i.e., to support a significant increase in the
number of matches we manage and new participants we can train, background check, and otherwise
have vetted so we can get people into the program faster and matched with waiting seniors ‐‐ are so
critical to the wellbeing of our local seniors.
The community’s need for this program is proven, and has been proven for over 27 years now. For
each senior we provide with life‐enriching companionship, there is a ripple effect throughout the
community since that person’s family and friends also benefit from knowing that the senior is
matched with a volunteer. We are constantly thanked by grateful family members and caretakers!
The ripple effect of our work and mission is incalculable and also priceless in that it is all about
peoples’ ease of mind and comfort level. Providing companionship to our community seniors helps
all of us and fills our volunteers with a connection to the community and sense of joy and purpose
that also benefits the overall Bozeman community enormously.The current COVID‐19 crisis in a
strange way has been so informative for all of us because there is no better example of how isolation
is not an optimal existence, and in fact is quite the opposite. Loneliness and isolation is detrimental
to mental and cognitive health of anyone, of any age, but particularly of seniors.Receiving the
requested funding would mean the world to us and our participants, present and future.
Attachment: True
Contact Info: Cameron Pantano 4065228169 info@befriendersbozeman.org
Entity Address: 807 N Tracy 2nd floor Bozeman MT 59715
Other Entities Funding has been Requested From: Dennis & Phyllis Washington Foundation RMDC
Area IV on Aging Gallatin County Finance Dept $10,000 challenge grant $5,000 $15,250
Date Submitted: 12/22/2020 3:18:00 PM
Financial Information Submitted? True
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